Untitled
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Fairfield, Connecticut
David H. Stolman, A/CP, PP
Michael A. Galante
350 Theodore Fremd Avenue
Rye, New York 10580
Joanne P. Meder, AICP
David J. Portman, FA/CP
(914) 967-6540. FAX (914) 967-6615
MEMORANDUM
To:
Supervisor Christopher Colsey and the Wappinger Town Board
Date:
June 11, 2010
Subject:
Dutchess Countv Pistol Association - Special Use Permit Review
Tax Lot 62589-01-290900
As requested, we have inspected the subject property and have reviewed the application of the
Dutchess County Pistol Association for Special Use Permit Approval. The application
includes the plan entitled Site Plan for Dutchess County Pistol Association, Town of
Wappinger, Dutchess County, New York, dated August 19,2009 and prepared by Barger and
Miller, Engineering and Land Surveying, PC.
The application also includes a letter from Stephen Bums of Barger and Miller Engineering
and Land Surveying dated March 8, 2010; an Application for Site Plan Approval dated
November 25,2009; an Application for Special Use Permit dated February 2, 2010; a Short
Environmental Assessment Form, not dated; an owners consent form dated November 2,
2009 . We offer the following comments for your consideration
Location and Description
The property is located at 47 St. Nicholas Road and is situated on an approximately 14.26-
acre lot. The subject property is located within the R-40 One-Family Residence district.
Proposal
The Applicant proposes the construction of a 162 feet by 62 feet building, a portion of which
will be an open pavilion, over the existing pistol range. The proposal also involves the
removal of a portion (62 feet by 12 feet) of the existing range house to accommodate the
construction of the new structure.
Connecticut
(203) 255-3100
Hudson Valley
(845) 297-6056
Long Island
(516) 364-4544
email@foclark.com
www.foclark.com
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environmentff ransportation
REVIEW COMMENTS
1. Zoning Conformance.
a. The Town Zoning Administrator's letter dated December 7,2009 states:
"The Zoning Ordinance of 1963 listed as a permitted use 'private
non-profit membership clubs' in single family residential zoning
districts, albeit with a Special Use Permit.
Our records indicate that the Dutchess County Pistol Association
received Site Plan approval which addressed the proposed
Clubhouse addition, on April 19th, 1976. The records also confirm
the status of the Applicants as being a non-profit organization. I
have found no indication that a Special Use Permit was ever applied
for or granted. This oversight can be corrected with this application."
Under the current Zoning Law, the existing use of the property is
considered a "private, community or fraternal recreation club" and is
permitted in the single-family zoning districts with a Special Use Permit
from the Town Board subject to Section 240-62 of the Zoning Law.
b. The proposed project also requires Amended Site Plan Approval from the
Planning Board and the Applicant has submitted an application therefor.
We have reviewed the application for Amended Site Plan Approval and we
rendered a memorandum dated February 25, 2010 on that application,
which is attached at the end of this memo. The application for Amended
Site Plan Approval and our memo address more detailed matters than do the
application for Special Use Permit Approval and this memo.
We also note that as per Section 240-62.E of the Zoning Law, "The
Planning Board may impose such conditions as it deems necessary to avoid
or minimize traffic impacts and the impairment of the use, enjoyment and
value of the property in the area."
c. As per Section 240-62.C of the Zoning Law, "the mInImUm required
setbacks for a recreation facility shall be twice those otherwise required in
the zoning district in which the lot is located." The minimum required front
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FREDERICK P. CLARK ASSOCIATES, INC.
Planning/OevelopmentlEnvironmenVTransportation
yard setback in the R-40 zoning district is 50 feet. Therefore, the Applicant
could have been required to provide a 100- foot front yard setback for the
proposed building.
The Applicant is proposing to dedicate its ownership of St. Nicholas Road
to the Town, and the proposed building would be located 31.2 feet from
what would be the new front lot line of the property. The Applicant applied
to the Zoning Board of Appeals for a variance with respect to the required
front yard setback and received this variance.
2. Effect ofProiect. The above mentioned letter from Stephen Bums states:
"The new range building will extend further back into parcel covering the
existing target area of the range. The cover over this area will provide
many benefits to the DCP A as well as the surrounding areas. This cover
will reduce noise, improve safety, and provide a more usable range during
inclement weather and during the winter."
We agree with the Applicant's assessment of the benefits to the Dutchess County
Pistol Association as well as to surrounding property owners.
3. Environmental Review. The project is an Unlisted Action in accordance with
WEQR and SEQR and the Town Board should comply with the requirements of
these regulations prior to taking action with respect to the project..
We look forward to discussing our comments with you.
David H. Stolman, AICP, PP
President
Attachment
cc: Graham Foster
Robert 1. Gray, PE
Barbara Roberti
Albert P. Roberts, Esq.
Barger & Miller, for Applicant (fax: 845-463-6922)
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FREDERICK P. CLARK ASSOCIATES, INC.
Planning/DevelopmentlEnvironmentIT ransportation
Rye, New York and Fairfield, Connecticut
David H. Stolman, A/CP, PP
Michael A. Galante
350 Theodore Fremd Avenue
Rye, New York 10580
Joanne P. Meder, A/CP
David J. Portman, FA/CP
(914) 967-6540. FAX (914) 967-6615
MEMORANDUM
To:
Victor Fanuele, Chairman, and the Town of Wappinger Planning Board
Date:
February 25,2010
Subject:
Dutchess County Pistol Association -
Amended Site Plan and Special Use Permit Review
Tax Lot 62589-01-290900
As requested, we have inspected the subject property and have reviewed the application of the
Dutchess County Pistol Association (the "Applicant" and "Owner") for amended site plan and
special use permit approvals for the construction of a 162 feet by 62 feet building, portion of
which will be an open pavilion, over the existing pistol range (the "Proposed Project" or
"Proposed Action"). The Proposed Action also involves the removal of a portion (62 feet by
12 feet) of the existing range house to accommodate the construction of the new structure.
The property is located at 47 St. Nicholas Road and is situated on an approximately 14.26-
acre lot (the "Subject Property" or "Site"). The Subject Property is located within the R-40
One-Family Residence district.
The Applicant has submitted a letter from Richard G. Barger of Barger and Miller
Engineering and Land Surveying explaining the nature of the proposed project, an
Application for Site Plan Approval, dated November 25,2009; an Application for Special
Use Permit, dated February 2,2010, a Short Environmental Assessment Form, not dated;
an owners consent form, dated November 2, 2009; and the following plan entitled Site
Plan for Dutchess County Pistol Association, Town of Wappinger, Dutchess County,
New York, dated August 19, 2009 and prepared by Barger and Miller, Engineering and
Land Surveying, Pc.
The proposed action is an Unlisted Action in accordance with WEQR and the Planning
Board should comply with the requirements of SEQR prior to taking action with respect
to the project. We offer the following comments for your consideration.
Connecticut
(203) 255-3100
Hudson Valley
(845) 297-6056
Long Island
(516) 364-4544
email@foclark.com
www.foclark.com
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/DevelopmentlEnvironmentfTransportation
REVIEW COMMENTS
1. Zoning Conformance.
a. The Town Zoning Administrator's letter dated December 7, 2009 states:
"The Zoning Ordinance of 1963 listed as a permitted use 'private
non-profit membership clubs' in single family residential zoning
districts, albeit with a Special Use Permit.
Our records indicate that the Dutchess County Pistol Association
received Site Plan approval which addressed the proposed
Clubhouse addition, on April 19th, 1976. The records also confirm
the status of the applicants as being a non-profit organization. I have
found no indication that a Special Use Permit was ever applied for or
granted. This oversight can be corrected with this application."
However, if the current use of the property is considered a "private,
community or fraternal recreation club" it would now be permitted in the
single-family zoning districts with a Special Permit Use from the Town
Board subj ect to Section 240-62 of the Zoning Law, and Amended Site
Plan Approval from the Planning Board.
b. As per Section 240-62.C of the Zoning Law, "the mInImUm required
setbacks for a recreation facility shall be twice those otherwise required in
the zoning district in which the lot is located." The minimum required front
yard setback in the R-40 zoning district is 50 feet. Therefore, the Applicant
may be required to provide a 100-foot front yard setback for the proposed
building.
We further note that also pursuant to Section 240-62.C of the Zoning Law,
"the Planning Board may reduce such additional setback requirements
where topography or other factors make such setbacks unnecessary." The
Planning Board should make a determination regarding this matter.
c. We note that as per Section 240-62.E of the Zoning Law, "The Planning
Board may impose such conditions as it deems necessary to avoid or
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FREDERICK P. CLARK ASSOCIATES, INC.
Planning/OevelopmenVEnvironmentff ransportation
minimize traffic impacts and the impairment of the use, enjoyment and
value of the property in the area."
d. We also note that as per Section 240-62.F of the Zoning Law, "Such use
shall have frontage on and practical access to a primary or collector road as
shown in the Town Transportation Plan Map in the Town Comprehensive
Plan. "
e. All applications for site development plan approval are supposed to provide
particular site plan information, as stated in ~ 240-84 of the Zoning Law.
The overall zoning conformance of the site can not be completely reviewed
or established without the following information, which should be included
on revised site plans:
(I ) We note that the Applicant indicates that a portion of the existing
range house will be removed to accommodate the construction of the
proposed building. However, Section A-A shows that a portion of
the existing range house may be integrated into the proposed
building. Proposed floor plans should be provided which clarify this
marter.
(2) The locations and design of all proposed improvements, including
signs, exterior lighting, fences, walls, buffer screening and complete
landscaping. Also see comment #2 below regarding screening and
landscaping.
(3) Current certification of eXIstmg and proposed contours, with
intervals of not more than two feet, extending at least 50 feet beyond
the site boundaries. The Applicant indicates that "the site plan is
prepared from an actual field survey and topography; however, areas
not in use as of today have not been topoed." Although, it is
acceptable not to show the topography lines for the whole property,
the Applicant should still provide topography lines for the vicinity of
the proposed building including the target area and range, in front of
the range house.
(4) The nature and location of all other existing site features, including
waterbodies, watercourses and regulated buffer areas, and single
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FREDERICK P. CLARK ASSOCIATES, INC.
Planning/OevelopmentlEnvironmentITransportation
trees with a diameter at breast height (dbh) of 12 or more inches.
The site plan shall clearly indicate which site features are to be
retained and which will be removed or altered. The Applicant
indicates that "large trees have not been located since no
construction is proposed for areas not in use at the present time."
However, based on our inspection of the property we note that there
are mature trees in the vicinity of the proposed construction area and
it appears that there may be a need to remove mature trees. The
Applicant should identify and locate these trees.
(5) Appropriate plans for the protection of the site's environment during
the course of construction, including erosion control, protection of
existing vegetation, noise control, limits on hours of operation,
access routes for construction vehicles and other similar measures as
may be appropriate in each individual case.
2. Landscaping/Screening. The Applicant indicates that "the proposed building will
be completely screened from S1. Nicholas Road, via existing screening. No new
screening is proposed." However, based on our inspection of the property, we note
that there may be a need to remove mature trees and vegetation to accommodate
the construction of the proposed building. Therefore, the screening currently
provided by these mature trees and vegetation will no longer be sufficient to screen
the property and the proposed building. The Applicant should provide additional
screening along S1. Nicholas Road.
3. Tree Protection.
a. The Applicant should ensure protection of all existing trees to remain and
show the location of the proposed protection. Tree protection should be
located at or outside of the drip line of the canopy of the tree(s) to be
protected. The tree protection detail should also be provided.
b. The following tree protection notes should be added to the plan:
(1) All phases of construction including clearing and grubbing,
preliminary site preparation, utility installation, preliminary grading,
road construction, building lot preparation, etc., shall require tree
protection measures to be in place.
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FREDERICK P. CLARK ASSOCIATES, INC.
Plann ing/DevelopmenUEnvironmentfT ransportation
(2) No construction activities of any kind shall occur within the limits of
protected areas including, but not limited to grading, excavation,
stockpiling of materials, storage of construction equipment, vehicle
parking, movement of workers or machinery, or dumping of
construction debris.
(3) Trees to remain shall be field marked and safety fencing and/or
wood barriers for individual trees and groups of trees to be protected
shall be installed. Fencing or barriers shall be placed outside the
"drip line" of all tree or trees.
(4) The effectiveness of protection shall be monitored and maintained
throughout the construction period.
(5) Protected trees damaged or killed by construction activities shall be
immediately replaced to the satisfaction of the Town.
4. The plans should depict limits of construction line(s).
We look forward to discussing our comments with you.
David H. Stolman, AICP, PP
President
cc: Graham Foster
Robert 1. Gray, PE
Barbara Roberti
Albert P. Roberts, Esq.
Barger & Miller, for Applicant (fax 845-463-6922)
Evren Ulker-Kacar
Associate/Planning
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