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1991-05-02 ~ . ~ ) ! RESOLUTION At a Special Meeting of the Planning Board of the Town of Wappinger, County of Dutchess, New York, held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 2nd day of May, 1991. The meeting was called to order by j)tJN#L..]) J KEL'(c~ and upon roll being called, the following were: PRESENT: Chairman Board Members Donald J. Keller William Parsons James Mills John Perillo Chris Simonetty Hugo Musto Edward Hawksley ABSENT: The following Resolution was offered by Wlil.';/,If ~SI)4/~ and by E.f)J()1fIUJ Jl1tI,<St.t y , seconded WHEREAS, the Planning Board of the Town of wappinger, in accordance with the Town of Wappinger Zoning Law, as last revised, has considered a certain application submitted by the Alpine Company of poughkeepsie, hereinafter referred to as "ALPINE", for the approval of a Site Plan entitled "Alpine Shopping Center" to be located on premises situate at Route 9 in the Town of Wappinger; and WHEREAS, in consideration of the approval of the proposed site " plan, the Planning Board has determined that the proposed action is a Type I action pursuant to SEQRA, has made a Positive Declaration, and has caused a DEIS and FElS to be prepared and accepted; and WHEREAS, the Planning Board, having considered the DElS and FElS and based on the information contained in said DEIS and FElS has adopted a STATEMENT OF FINDINGS which has been duly filed and distributed by the Planning Board on June 4, 1990; and WHEREAS, the Planning Board has conducted a Public Hearing on the proposed Site Plan, which Public Hearing was convened on November 18, 1990, and subsequently adjourned to January 10, 1991, and March 18, 1991, April 15, 1991 and April 30, 1991; and WHEREAS, the Planning Board has referred the proposed site plan to the Dutchess County Department of Planning pursuant to Sections 239-m of the General Municipal Law; and WHEREAS, the Planning Board has received a letter from the Dutchess County Planning Department dated April 29, 1991, which letter contained the Dutchess County Planning Department's recommendations relative to the proposed Site Plan; and WHEREAS, the Dutchess County Planning Department's letter contained various comments about the proposed Site Plan, and made four recommendations with respect thereto; and WHEREAS, the Planning Board has determined that it is in the best interest of the Town to act contrary to the recommendations made by the Dutchess County Department of Planning, and has elected to adopt the proposed Site Plan, dated December I, 1990, and last revised March 20, 1991; and 2 ..,. , , WHEREAS, General Municipal Law Section 239-m requires that the Planning Board adopt a resolution setting forth its reasons for acting contrary to the recommendations of the Dutchess County Planning Department, prior to the adoption of any resolution approving the proposed Site Plan. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Planning Board of the Town of Wappinger, in furtherance of the adoption of a proposed site plan entitled "ALPINE SHOPPING CENTER", dated December I, 1990, and last revised March 20, 1991, hereby elects to act contrary to the recommendations of the Dutchess County Planning Department as set forth in its letter of April 29, 1991, and hereby establishes the reasons therefor as follows: (1) DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION NUMBER 1 - "The Town requests the NYSDOT reconsider the proposed median break and new traffic signal based on the demand created by the square footage of retail space (Phase I) included in this site plan only." The Planning Board's reason for acting contrary: The NYSDOT recommended the ingress and egress be constructed as shown on the submitted Site Plan and the Planning Board concurs in DOT's recommendation. (2) DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION NUMBER 2 - "An accessway is included on the site plan that is designed to be used to link this project with the parcels to the south with frontage on Route 9." 3 ..., ,> The Planning Board concurs: The proposed Site Plan does provide for access to parcels to the south as part of the Planning Board's concept for a service road serving these parcels. (3) DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION NUMBER 3 - "Either the landscaped strip between the entranceway parallel to Route 9 and the wall adjacent to the parking lot is widened or additional trees are added along the slope between the detention basins and the entranceway parallel to Route 9." The Planning Board's reason for acting contrary: The Planning Board has reviewed the landscaping plan as shown on sheet 4 of the Site Plan and has determined that it is adequate. (4) DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION NUMBER 4 - "It is noted on the site plan that no construction activity is allowed to take place within the state regulated wetland or its 100 foot buffer." The Planning Board's reason for acting contrary: The Planning Board recognizes the jursidictional authority of the NYSDEC in approving any activity within a wetland or its adjacent buffer. The Planning Board will require that appropriate permits be issued by NYSDEC for any construction activity within the DEC regulated wetland or its adjacent buffer as a condition of Site Plan approval. BE IT FURTHER RESOLVED, that the Planning Board Clerk is hereby directed to transmit a copy of this Resolution to the Dutchess County Department of Planning as required by Section 239-m of the General Municipal Law. BE IT FURTHER RESOLVED, that it is the intention of this Resolution to enumerate the Planning Board's reasons for acting 4 J : . contrary to the Dutchess County Planning Department's recommendtions as set forth in its letter of April 29, 1991, and, by adoption of this Resolution hereby evinces its intention to act contrary to the County Planning Department's recommendations for ~ the reasons set forth above, and, to adopt a Resolution conditionally approving the proposed site plan, entitled "Alpine ~>/. Shopping Center", dated December 1, 1990, and last revised March " .J } 20, 1991. The question of the adoption of the foregoing Resolution was duly put to a vote on role call, which resulted as follows: Donald J. Keller William Parsons James Mills John Perillo Chris Simonetty Hugo Musto Edward Hawksley voting voting voting voting voting voting voting The Resolution was thereupon declared duly adopted. DATED: May 2, 1991. Wappingers Falls, New York ~~."..J HERBERT LEVENS N, PLANNING BOARD CLERK, TOWN OF WAPPINGER 5 10.,. LILl'AIlIlU III ()r P~^,,4NIN(l R()(',rn r' ^I\LL~Y. AWP (:C'M"lr.'~f.6E" . HII: W GILLCRl. A,tP ^$~I~.IA"I C:t)M"I~.~IOh[1if THE COUNTY OF' UUTCHl:.b~ LULILLL ~ I'All111tIN. COUNTY ~Xt~:lIl1V~ \ . .Jjj"'~"",,,,,,,,,;, \, lffif(ffi~~\Vl~ID1 77 Hl~" ~l P/ll,JGN.U~IL. H Y "liOl f1uM_r ltW 48!l.96I1 Fill tt14) 4I5-IOtt lAP.R 2 9 \9~1 :.r ZONING ADMINISTRATOR April 29, 1991 To: Planfllr\g Buard, Town of Wapp'inger j Re: Referral: 91-142, Alpine Shopping center Site Plan Parcel: 6157-02-707773, NYS 9 \ The Dutchess County Department of Planning has reviewed the /~ subject referral within the framework of General Municipal .. Law (Article 128, Sections 239-1 and 239-m). After considering the proposed action in the context of countywide and intermunicipa1 factors, the Department finds that. the Board's decision involves a matter of some concern. Action ~h~applicant 1s seeking site plan approval for the co~truction of a 101,075 square foot Shopping plaza on the involved 60.4 acre parcel. The plaza is to consist of a 59,000 square foot grocery store, an 8,575 square foot drug8tore, three retail stores totaling 33,500 square feet, 472 parking spaces and a future parking area with 202 spaces, this future parking area will be built if deemed necessary by the Town Planning Board. The involved parcel is located on the east side of Route 9, between Meyers Corners and Hopewell-Hughsonvl1le Roads. Most of the parcel i8 within state regulated wetland WF-3, or its 100 foot buffer, and the 100 year floodplain. co~ent5 ;. wetlands !. The Department is encouraged to see that no development activity is proposed within the state regulated wetland or its 100 foot buffer on the current site plan. However, the Department can not suppor~ the approval of the planned Phase II of this shopping center, as it involves construction within wetland WF-3 and its bufter. " /4 . . Ul1LblWlbU \~ ltlW APR 2 9 1991f .. Page 2 Ref: 91-142 (Cont.) ,,' ,.'/"'~;:~' \N:~;~~~~ ...~: .~,'" :ZONING ADMINISTRATOR "::'. PJ\\~ctiOIl~: The Plan for Dutchess County policies 5.12 and 5:'~ advocate the protection of wetlands and their buffers from development activities and support vigorous enforcement of the New York State Freshwater Wetlands Act by state, and where appropriate, local and county governments. ,., NYS 9 Signal and Madian Break As stated in the Department's comment letter, dated September 18, 1989, on the project's Uraft Environmental Impact Statement, the Department cannot support the COIl8truction of new median cuts and traffic lights along the th\ Route 9 corridor to serve individual development projects. One important way to maintain Route 9's ability to function as a through route is to prevent inappropriate site planning decisions from compounding the corridor's i,. congestion. Allowing a new signal and median break for this' developmenL would be a site planning error because it would add to traffic congestion by adding more turning movements and delays. This in turn would undermine state and county efforts to ensure that Route 9 retains its traffic handling capacity through this section, and town efforts to ensure that Route 9 in Wappinger does not become as congested and interrupted as sections north of the site. , This site can be adequately served by the existing intersections at Mayers Corners and Hopewell-Hughsonville Roads, with the addition of new turning lanes and/or signal I. changes. Without the median cut along Route 9, the entrance to the plaza can be reduced to one entering lane and one exiting lane. Circulation The Oepartment recommends that a r1ght-of-way be reserved th~ would connect this project to the two parcels (6l~7-02-626677 and 6157-02-631659) to the south which front Route 9. Employees or Glients of these business could then access the plaza without have to reenter and exit Route 9. These parcels are already proposed to share a single access .., point to NYS 9 and provisions have been made to link them to the next parcel to the south. \\ /4 " ill? ~ ([] ~~ \VI ~ [OJ 'r/I Page :3 Ref: 91-142 (Cont.) APR 2 9 l~YI Future Parking Area ZONING ADMINISTRATOR The Department would prefer that the future parking area not be,built, because of its location within the 100 year !loodplain and the impacts that the runoff from the additional impervious surface area may have on the state regulated wetland. itlr Landscaping The Department is concerned about the appearance of the wall adjacent lO the entranceway parallel to Route 9. A row of one and a half to two foot junipers will not adequately screen this wall. The Department recommends that the timber rail on lop of the wall be retained and that either the la~1scaped strip where the junipers are located be widened (which would require changing the parking lot configuration) or additional trees be placed along the edge of the detention basins. These trees should be evergreens with some height. ... Recommendation The Department recommends that site plan approval not be granted until the following conditions are met: 1. The town request that the NYSUOT reconsider the proposed median break and new traffic signal based on the demand created by the square footage of retail space (Phase I) included in this site /.... plan only. .. \, 2. A accessway is included on the site plan that is designed to be used to link this project with the parcels to the south with frontage on Route 9. \ 3. Either the landscaped strip between the entranceway parallel to Route 9 and the wall adjacent to the parking lot is widened or additional trees are added along the slope between the detention basins and the entranceway parallel to Route 9. I. " 1* " . \\ U111.6lW u;, U ~/ lb LW :APR ~ 9 '1'1'11 Page 4 Ref: 91-142 (Cont.) Recommendation (Cont.) ZONING ADMINISTRATOR '. " If the Board determines to act contrary to our recommendation, the law requires that it do so by a majoritY/~ plus one of the full membership and that it notify us of the .. reasons for its decision. 4. It is noted on the site plan that no construction activity is allowed to take place ~: w1thin the state regulated wetland or its 100 foot buffer. Roger P. Akeley, Commissioner Dutchess county Department of Planning By ~~,';c~c~GnJ (Ba, ~j(l- Bradford Barclay Planner - " ../& " oS "