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Orchard View High School'� iii j � I A I DISTRIBUTION SITE PLAN/ SPECIAL USE PERMIT SIGNED RESOLUTION & PLAN PROJECT TITLE: orchard View High School DATE PREPARED. February 26, 2009 X TOWN FILE x TOWN ENGINEER X BUILDING INSPECTOR X FIRE INSPECTOR X HIGHWAY SUPERINTENDENT X APPLICANT X TOWN CLERK (ORIGINAL) X RESOLUTION FILE x FIRE PREVENTION BUREAU • TOWN ATTORNEY • TOWN BOARD X TOWN SUPERVISOR • TOWN ASSESSOR • CENTRAL HUDSON - Easement/Utility Pap —X— 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 PIECEIVED ?0081 771,'NlAf,f�� Z)ORIGINAL FREDERICK P. CLARK ASSOCIATES, INC. David H. Stolman, arcp, PP PlanningiDevefopment/Environment/Transportation Michael A. Galante Rye, New York and Fairfield, Connecticut Joanne P. Moder, AICP 350 Theodore Fremd Avenue Rye, New York 0580 David J. Portman, iwcP (994) 967-6540 • FAX (,9 14) 967.6615 MEMORANDUM To: Victor Fanuele, Chairman, and the Town of Wappinger.Planning Board Date: September 9, 2008 Subject: Orchard View High School -- Site Plan. Approval for Change in Use Tax Lot 6258-03-350303 We have prepared the attached Resolution of Amended Site Development Pian Approval for vour review and consideration. We look forward to discussing this resolution with you at the upcoming Planning Board me -.---ting. David H. Stolman, AICD; PP President Evren Ulker Kacar Associate/Pfanning Attachment cc: Graham Foster Robert J. Gray, PE George A. Kolb, Jr. Tatiana Lukianoff Barbara Roberti Albert P. Roberts, Esq. Chuck Genck, Mycor Holdings, LLC (via fax 845-897-1000) I.1i30C5215001WappingeA0rchsrd View high School.792.pm(sp) cover.cuk.doc Connecticut Hudson Valley tong Island email@fpclark.corn (203) 255-3100 (845) 297-6056 (596) 364-4544 www.fpclark.com 9115108 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: ORCHARD VIEW HIGH SCHOOL RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL FOR CHANGE IN USE 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 Falls, New York on the day of; 2008 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 Boardmembers Victor Fanuele William Kickham -Marsha Leed Lori McElduff Eugene Pinto - Robert L. Valdati June Visconti CST le fill 'ng resolution was moved by - and seconded by /� WHEREAS, the Town of Wappinger Planning Board has received the application of Mycor Holdings, LLC (the "Applicant" and the "Owner") for amended site plan approval for a change of use from office space to an alternative high school use; and WHEREAS, the project will occupy 9,200 square feet of existing floor space at 167 Myers Corners Road as classrooms (the "Project" or "Proposed Action"); and " WHEREAS, the subject property is known as tax lot 6258-03-350303 and is located at 155-167 Myers Corners Road on an approximately 22 acre lot, within the Planned Industry (PI) zoning district (the "Subject Property" or "Site"); and WHEREAS, the applicant has submitted a project narrative, an Application for Site Plan Approval,. dated August 15, 2008, a Short Environmental Assessment Form, dated August 12, 2008, and the following plan entitled "Survey Map Parcel to be Conveyed by Laerdal Medical Corporation to Thyian Associates, Inc.," dated April 12, 2005, and prepared by Spectra Engineering, Architecture, and Surveying PC; and ORCHARD VIEW HIGH SCHOOL RESOLT-MON OF AMENDED SITE DEVELOPMENT PIAN APPROVAL FOR CHANGE IN USE WHEREAS, the Planning Board determined that the Project is an Unlisted Action with respect to SEQR and WEQR; 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 Site Development Plan, Parking and Performance Standards of Articles IX, X and M 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 since there is no exterior construction and/or land disturbance -associated with the proposed site plan amendment. 3. The Planning Board hereby grants Amended Site Development Plan Approval for Change of Use to the Project as defined above on the Subject Property in accordance with the provisions of Articles IX, X and XI of the Zoning Law subject to the following conditions and modifications: a. The following shall be shall be fulfilled prior to the issuance of a building permit in conjunction with this amended site plan: D(l). 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. The Applicant shall revise the amended site plan to clearly identify the number of existing parking spaces on the subject property and include the parking calculations for each existing and proposed use in the building to show compliance with Section 240-97 of the Zoning Law to the satisfaction of the Town Planner. !.(4) The Applicant shall provide a current survey of the property prepared ;} by a licensed land surveyor. 2 of 5 ORCHARD VIEW HIGH SCHOOL RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL FOR CHANGE IN USE 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 Approval. (2) Certified "as built" drawing(s) shall be submitted to the Town Zoning Administrator. 4. In accordance with the Townts 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 notpaid 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. The continued validity of any Building Permit or Certificate of Occupancy issued in accordance with the approved site plan shall be subject to continued conformance with such approved Amended Site Development Plan. 7. 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 Chairman. shall 3 of 5 ORCHARD VIEW HIGH SCHOOL. RESOLUTION OF AMENDED SI'Z'E DEVELOPMENT PLAN APPROVAL. FOR CHANGE IN USE 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. .8. 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. 4. Except as specifically modified herein, the Resolution of Site Plan Approval for the Laerdal Medical Co oration to Thylan Associates, Inc. adopted by the Planning Board on shall remain valid and in full force and effect. The question of adoption of the foregoing resolution was duly put to a vote on roll call,. which resulted as follows. Victor-Fanuele, Chairman William Kickham Marsha Leed Lori McElduff Eugene Pinto Robert L. Valdati June Visconti The resolution is hereby duly declared adopted. Dated: l�D Ylap Ingers Falls, New York Victor Fanuele, Chairman' Town of Waonin2er PlanninoBoard Applicant and Owner 4of5 Voting: Voting: Voting: Voting: Voting; Voting< Voting: Date /// //)-� Date ORCHARD VIEW HIGH SCHOOL RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL FOR CHANGE IN USE The following endorsement hereby confirms that the Applicant has fulfilled all of the conditions of this resolution of the Amended Site Development Plan Approval necessary for the issuance of a Building Permit. Victor Fanuele, Chairman Date Town of Wappinger Planning Board JADOCS MOXWappingal0rchard View High Sahool.792.pm(sp)_euk.doc 5 of 5