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Friendly Motorcars Aug, 4• 2010 $, 17AM No. 1412 P. 2 lc7m POLLUTION CONTROL, INC. Operation of Water and Wastewater Treatment systems 1610 ROUTE 376 WAPPING�gs FALLS.NY 12590 (945)463-7310 F-(IM6)4ea-7305 M-E -M -O-R-A-N.D- -1Vi TO: Barbara Roberti, Zoning Administrator Toum of Wappinger FROM: S. Dare Fitzpatrick, Vlce President CAMO Pollution Control, Inc, t DATE: August 3, 2010 RE: Friendly Motorcars site Plan In reference to CAMO.Pollution Control,Inc.'s memo dated July 20,2010 regarding the Friendly Motorcars site plan, all concerns have be6n Addressed and the site plan map is ready to be signed. If'you have amy questions, please contact me at(845) 463-7310. t W., Robert Gray, Mortis Associates Albert Roberts,Attorney to the To%,n ----- ' Chris Masterson, Tom Clerk ED ASG p 4 2M AV)KNGER TOW TOWN o�CL RK SDFAE2110 United Wappinger Wuor I United Wappingor Sower Aug. 4, 2010 8 1 7A No. 1412 P. 1 FACSIMILE COVER SHEET laln POLLUTION CONTROL, Inc. OPeraldoh of Water and Wmtewatel-Treatment Systems 1610 ROUTE 378 TIRS IS PAGE I Off' 1845 PAGES WAPPrNaERS fANY 32590 (845)4634310 n f� L(� f9x(6461483-73Q$ RECIPIENT: L' & �,L �`}o { 0— b ADDRESS: TELEPHONE NO, OF RECIPIENT: FAX NO. OF RECIPIENT.- SENDER: ECIPIENT:SENDER: --�L=Lru .DATE TRANSMITTED: - TIME TRANSNUTTED: I TELEPHONE NO. OF SENDER: (845).463-7310 FAX NO. OI'SENDER: 84 4637305 COVER MESSAGE 40+ �( If you have any errors with this transm�si on or if you do not receive all pages,please,call the sender at the above telephone number. !hank POLLUTION CONTROL., INC. ©�eratian of Water and Wastelx�ater Treatment S}+stems 1610 ROUTE 376 WAPPINGERS FALLS,PAY 12590 (645)463-7310 Fax(845)463-7305 Mel - M - O - R -A- N - D - U - M TO: Barbara Roberti, Zoning.Administrator Town of Wappinger FROM: S. Dare Fitzpatrick, 'dice President CAMO Pollution Control, Inc. r r DATE: August 3, 2010 RB: Friendly Motorcars Site Plan 1n reference to CAMO Pollution Control, Enc.'s memo dated Tufty 20,2010 regarding the Friendly Motorcars site plan, all concerns have been addressed and the site plan map is ready to be signed. If you have any questions, please contact me at (845) 463-7310. cc: Robert Gray, Morris Associates Albert Roberts, Attorney to the Town Chris Masterson, Town Clerk SDF:dt21 PFJ United Wappinger Water/Unked Wappinger Sewer TOWN OF WAPPINGER PLANNING BOARD DISTRI UTION SITE PLAN/ SPECIAL USE PERMIT SIGNED RESOLUTION & PLAN PROJECT TITLE: Friendly Motorcars DATE PREPARED: August 4,2010 DISTRIBUTED FOR YOUR RECORDS RESOLUTION WITH APPROVED PLANS: b COPIES X TOWN FILE X TOWN ENGINEER X BUILDING INSPECTOR X FIRE INSPECTORX HIGHWAY SUPERINTENDENT X APPLICANT gzz/ RESOLUTION ONLY: X TOWN CLERK(ORIGINAL) X RESOLUTION FILE X FIRE PREVENTION BUREAU X TOWN ATTORNEY X TOWN BOARD X TOWN SUPERVISOR X TOWN ASSESSOR _X_ CENTRAL HUDSON - Easement/Utility Page DUTCHESS COUNTY SOIL &WATER X APPLICANT'S ENGINEER/ ARCHITECT RECREATION DC DEPT. OF PLANNING DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN RECEIVED , NAL JUN 212010 ZONING ADMINISI'RArok TOWN OF WAPPINGFR FREDERICK P. CLARK ASSOCIATES, INC. David H. Stolman, AICP,PP Planning/Development/EnvironmentlTransportation Michael A. Galante Rye, New York and Faifeld, Connecticut Joanne P. Meder, A1cP 350 Theodore Fremd Avenue Rye, New York 10580 David J. Portman,FmcP (914) 967-6540• FAX(914)967-5615 MEMORANDUM To: Victor Fanuele,Chairman, and the Town of Wappinger Planning Board Date: June 17, 2010 Subject: Frigidly Motorcars/Mercedes Benz Dealershi Ta.*Lot 6157-04-633403 We have prepared the attached Resolution of Amended Site Development Plan and Special Permit Approvals for your review and consideration. We look forward to discussing this resolution with you at the upcoming Planning Board meeting. David H. Stolman,AICP,PP President Attachment cc: Graham Foster Robert J. Gray, PE Barbara Roberti Albert P. Roberts, Esq. Brian Moraghan,PE, for Applicant(via fax 631-6667715) Mark E.Kornhaas, for Applicant(via fax 203.740-2067) The Swartz Architectural Group,PC, for Applicant(via fax 845473-0284) J:11 OCS2 OOMappinguTriendly Motorcars 818 pm cover.slb.dac Connecticut Hudson Valley Long Island emall@fpclark.com (203)255-3100 (845)297-6056 (516)364-4544 www.fpdark,com VORIGINAL 6121110 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: FRIENDLY MOTORCARS/MERCEDES BENZ DEALERSHIP - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVALS At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Fails, New York on the 2 ! day of 2010 at 7:00 P.M. The meeting was called to order by Chairman Victor Fanuele and upon roll being called, the following were: PRESENT: Chairman - Victor Fanuele Boardmembers - Angela Bettina William Kickham Marsha Leed Francis Malafronte Constance Smith Robert L. Valdati , The fo wing rgsolution was moved by //yt •� and seconded by WHEREAS, the Town of Wappinger Planning Board has received the application of MDA Associates (the "Applicant" and "Owner") for Amended Site Development Plan and Special Use Permit Approval for the construction of an 18,171 square-foot building addition to include an automobile service center, showroom and office space; and associated improvements and modifications to the existing parking area (the "Project" or "Proposed Action"); and WHEREAS, the ±5-acre property is known as tax lot 6157-042-633403 and is located at 134 Old Post Road on the easterly side of Route 9 within the Highway Business (HB) District(the"Subject Property" or"Site"); and WHEREAS, the Applicant submitted an Application for Site Plan Approval; an Application for Special Use Permit; a Full Environmental Assessment Form; and the following sheets of plan generally entitled Friendly Motorcars — Mercedes Benz Dealership, 134 Old Past Road, Wappingers Falls, New York, dated July 16, 2009, revised as stated below and prepared by the Swartz Architectural Group, PC. FRIENDLY MOTORCARS/MERCEDES BENZ DEALERSHIP RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVAL 1. Sheet CO, "Cover Sheet;" revised June 7,2010; 2. "Aerial Photo;" revised December 1.8, 2009; 3. "Survey;" dated June 3, 2009; 4. Sheet SP1.10, "Site Plan;" revised June 7, 2010; 5. Sheet SP1.20, "Site Details;" revised December 18, 2009; 6. Sheet SP1.30, "Signage Details/Dumpster Enclosure Details;" revised June 7, 2010; 7. Sheet LL 10, "Landscape Plan;" revised June 7, 2010; 8. Sheet L1.20, "Landscape Details;" 9. Sheet L1.30, "Site Lighting Plan;" revised December 18, 2009; 10.Sheet LI AO, "Lighting Details;" 11,Sheet A1.10, "Floor Plan (Main Building);" revised December 18, 2009; 12.Sheet A1.20, "Floor Plan (Shop);" revised December 18, 2009; 13.Sheet A2.10, "Exterior Elevations;" revised December 18, 2009; 14. Sheet A2.20, "Exterior Elevations;"revised December 18, 2009; and WHEREAS, the Applicant also submitted the following sheets of plans generally entitled Friendly Motorcars, Old Post Road, Wappingers Falls, New York, dated July 16, 2009, revised as stated below and prepared by Moraghan Engineering, PC. 1. Sheet C-1, "WB-50 Truck Maneuvers;" 2. Sheet C-1, "WB-65 Truck Maneuvers;' 3. Sheet C-1, "Grading and Utility Plan;"revised March 25, 2010; 4. Sheet G2, "Stormwater Pollution Prevention Plan;" revised March 25, 2009; 5. Sheet C-3, "Details I;" 6. Sheet C-4, "Details II;" revised November 9, 2009; 7. Sheet C-5, "Details III;"revised November 9, 2009; 8. Sheet C-6, "Detention Basin Details;" revised November 18, 2009; 9. Sheet C-7, "Sanitary Sewer Details;" dated November 18, 2009; 10.Sheet C-8, "Water Main Details;" dated November 18, 2009; and 11. Sheet C-9, "Hydrodynamic Separator;" dated December 3, 2009; 12. Sheet C-10, "Sections;" dated March 25, 2010; and WHEREAS, the Planning Board has reviewed the proposed sewer connection and has determined that if the Site is not connected to the public sanitary sewer system, an expanded septic system is an acceptable alternative; and WHEREAS, in accordance with Sections 239-1 and m of the New York State General Municipal Law, the Planning Board referred the subject Amended Site Development Plan application to the Dutchess County Department of Planning and Development (DCDPD); and 2of8 FRIENDLY MOTORCARS/MERCEDES BENZ DEALERSHIP RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVAL WHEREAS, the DCDPD responded to the above mentioned referral in its forth letter(s) which conclude that the Proposed Action was a "Matter of Local Concern with Comments;" and WHEREAS, the Planning Board has considered the comments from the DCDPD; and WHEREAS, the Planning Board determined that the Project is a Type I Action with respect to SEQR and WEQR; and WHEREAS,the Planning Board assumed the status of Lead Agency after circulating a Notice of Intent to serve in such a capacity and receiving no objections from any of the other Involved Agencies; and WHEREAS, a duly advertised public hearing on the Project application was opened on January 20, 2010 and closed on March 1, 2010 in the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls,New York, at which times all those wishing to be heard were given the opportunity to be heard; and WHEREAS, the Applicant granted a 90-day extension on the closed public hearing on May 1, 2010; and WHEREAS, the Planning Board is familiar with the Site and all aspects of the Project and is satisfied that the Project will comply with the Zoning Law including without limitation the provisions relating to Special Permit Uses, Supplemental Special Permit Use Regulations, Site Development Plan, Parking and Performance Standards of Articles VII through XI respectively of the Zoning Law, as well as other applicable laws and regulations subject to the conditions below. NOW,THEREFORE,BE IT RESOLVED,AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Planning Board hereby adopts a Negative Declaration on the grounds that the Proposed Action will not result in any significant adverse environmental impacts and any minor potential adverse impacts identified in the Full EAF will be eliminated, or minimized and mitigated by the design, details and maintenance of the proposed development. 3. The Planning Board hereby grants Amended Site Development Plan and Special Use Permit Approvals for the construction of an 18,171 square-foot building addition to 3 of 8 FRIENDLY MOTORCARS/MERCEDES BENZ DEALERSHIP RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVAL include an automobile service center, showroom and office space; and associated improvements and modifications to the existing parking area as defined above on the Subject Property in accordance with the provisions of Articles VII through XI respectively of the Zoning Law subject to the following conditions and modifications: a. The following shall be fulfilled prior to the issuance of a Building Permit in conjunction with this Amended Site Plan Approval and Special Use Permit: (1) The Property Owner and Applicant shall endorse and submit a copy of this Resolution to the Zoning Administrator for filing. (2) The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the Subject Property have been paid in full. (3) The following comments contained in the Town Engineer's letter to the Planning Board, dated February 25, 2010, and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction 7:engineer's n Engineer: drainage design report and computations shall be required to show, to the satisfaction of the Highway Superintendent, that the combined flow from this site and Adams to the south to the road drainage adjacent to the site (i.e. swale and culvert capacity, etc.) does not adversely impact the road and the existing drainage system to the north of the site (i.e. show that there is sufficient capacity to accommodate the combined runoff flows during a 25 year design storm event). This requirement is separate from showing that there is no increase in the peak rate of runoff from the site and applies to the detention pond outflow and ® f. any bypass flow. (b/The headwall and rip-rap apron within the Old Post Road �.- R.O.W., at the pond outlet, shall be approved by the Highway Superintendent, or the Dutchess County Department of Public Works, as determined by the Highway Superintendent. (c�he hydrant plan, a sprinkler or a Siamese connection at the Qbuilding is subject to the review and approval of the Town Fire Inspector. 4 of 8 FRIENDLY MOTORCARS/MERCEDES BENZ DEALERSHIP RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVAL (d The Applicant shall execute all applicable declarations, easements and/or agreements regarding the water and sewer �.1pextensions, stormwater management facilities and wetlands as v determined necessary by, and to the satisfaction of the Town Attorney. (el,/All required signatures and seals (owner, engineer, surveyor) shall be shown on the final plans before the plans are presented to the Planning Board for signatures. (fJ/Evidence of all required permits having been granted shall be provided. 1' (g:),` The changes to and provisions for water supply and sewage disposal are subject to review and approval of the Dutchess County Department of Public Works, CARO and the Town Engineer. (h " Pipe utility construction details for the gas line and conduits or direct burial for the electric and telephone, including bedding, cover and surface restoration, shall be shown on the plans. (i)/ All comments regarding the drainage design and SWPPP details, as stated in the Town Engineer's February 25, 2010 memorandum, shall be resolved to the satisfaction of the Town Engineer. y The Applicant shall amend the above mentioned plans to the satisfaction s of the Town Planner to add two Norway Spruce along the easterly property line to provide a total of 15 Norway Spruce in this location. b. The following conditions shall be satisfied prior to the issuance of a Certificate of Occupancy: (1) The Applicant shall fulfill all of the conditions of, and shall complete all improvements in accordance with this Resolution of Amended Site Development Plan and Special Use Permit Approvals. (2) Certified "as-built" drawing(s) shall be submitted to the Town Zoning Administrator. 5of8 FRIENDLY MOTORCARS/MERCEDES BENZ DEALERSHIP RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVAL (3) The Fire Prevention Bureau and the Fire Inspector shall inspect the premises, and evidence of their satisfaction shall be submitted to the Town Zoning Administrator. 4. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in the review of this Project which are in excess of the application review fees paid by the Applicant to-date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefore has not been granted by the Planning Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will only made in accordance with the provisions of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds. 5. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown,this Amended Site Development Plan Approval shall expire and become void one (1) year from the date of the adoption of this Resolution if an application for a Building Permit has not been made, or three (3) years from the date of the adoption of this Resolution if construction in conformance with the approved Site Plan has not been completed, if the construction is not prosecuted with reasonable diligence, or if the premises has been substantially vacant or inactive for more than three (3)years. 6. In accordance with Article VII of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown, this Special Use Permit Approval shall expire and become void if the approved use of the Site shall cease for more than one (1)year for any reason, if Site Development Plan Approval expires, or if all required improvements are not maintained and all conditions and standards complied with throughout the duration of the approved use. 7. The continued validity of any Building Permit or Certificate of Occupancy issued in accordance with the approved amended site plan shall be subject to continued conformance with such approved Amended Site Development Plan and Special Use Permit. 8. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Applicant shall also sign a copy of this resolution after it has been initially endorsed by the Chairman acknowledging his receipt of a copy of the resolution. When all of the conditions set forth in the conditions above have been satisfied, six (6) sets of the above referenced plans, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, certifying that the plans comply with the terms of this resolution, at which time, the 6of8 FRIENDLY MOTORCARS/MERCEDES BENZ DEALERSHIP RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVAL Chairman shall also endorse this resolution in the space provided below, certifying that the applicant has complied with the above conditions of approval and that the issuance of a building permit is authorized for the improvement set forth in this Project, One (1) set of the endorsed plans will be returned to the Applicant, one (1) set will be retained by the Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town Highway Superintendent and Town Fire Inspector. 9. The Applicant must return for approval from the Planning Board if any changes to the endorsed plans and/or this resolution of approval are subsequently desired. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Victor Fanuele, Chairman Voting: Angela Bettina Voting: William Kickham Voting: Marsha Leed Voting: ' Francis Malafronte Voting: Constance Smith Voting: Robert L. Valdati Voting: The resolution is hereby duly declared adopted. Dated: QUAV� Z-/ 2-01c) Wa ngers Falls,New York Victor Fanuele, Chairman Date Town of Wap Planni MDA Associates Date Applicant and Owner 7of8 FRIENDLY MOTORCARSIMERCEDES BENZ DEALERSHIP RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVAL The following endorsement hereby confirms that the Applicant has fulfilled all of the conditions of this resolution of the Amended Site Development Plan and Special Use Permit Approval necessary for the issuance of a Building Permit. — j —lU Victor Fanuele, Chairman Date Town of Wappinger Planning Board 1:ITJOCS215001Wappinger\Friendly Motorcars-Mercedes 818 pm Iinal.dhs.doc 8of8