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1990-03-14 .. i 14-14-10 (2/87)-9c -,,' 617 .21 Appendix I State Environmental Quality Review FINDINGS STATEMENT SEaR Pursuant to Article 8 (State Environmental Quality Review Act--SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the Town of Wappinger Planning Board as lead or involved agency, makes the following findings. Name of Action: The Alpine Companies ~ Description of Action: Shopping Center Location: (Include street address and the name of the municipality and county.) Route #9 South of ~yers Corners Road on the eastern side of Route #9 Agency Jurisdiction(s): See Attached Distribution Date Final EIS Filed: March 14, 1990 Facts and Conclusions in the EIS Relied Upon to Support the Decision: (Attach additional sheets, as necessary) See Attached Findings of Fact RECEIVED JUN 6 1990 ELAINE SNOWDEN TOWN CLERK Identification Number Name of Action hI" Alpinl? r()mp;:mip~ I i CERTIFICATION OF FINDINGS TO APPROVE/FUND/UNDERTAKE Having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Part 617 have been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable. 4. (and, if applicable) Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. Herbert Town of ~lerk Town at WRppinEer P1RnninE RnRrn itle of Responsible fflcia J. Levenson, Clerk to the Name 01 Responsible OffiCial Wappinger Planning Board n/46QO ate Post O~fice Box 92, 20 Middlebush Road, Wappingers Falls, New York 12590 Aooress of Agency OR CERTIFICATION OF FINDINGS TO DENY Having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Part 617 have not been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action denied is one which fails to adequately minimize or avoid adverse environmental effects to the maximum extent practicable; and/or 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process cannot be adequately minimized or avoided by the mitigation measures identified as practicable. 4. (and, if applicable) Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will not adequately achieve a balance between the protection of the environment and the need to accommodate social and economic con. siderations. l"';'~ .~"'. ." '," .., ,.' .~ , . - .' . . .~ .''''l. \ t ,:6"\ "1 ".~,. 7. ..~: ~..", '- ...A. J . ,...j \..... ., *,. e Name of Agency $l~~~~ure;"f Re,. filfr~ible Official V1."". . ll,.;:,:" Name of Res:Jonsible OffiCial ,,:' lil.IF..P.t,f3e.;;P-9r,fI:o!e,0.tflclal L;J\.IWU-", .,..IP..t_ >t;';1,.1:) ~~'lJ,-) f Dale ACcress 0' Agency cc: Other Involved Agencies and the Applicant . Mailing List for Alpine Companies for the Statement of Findings 1. Comm. Thomas Jorling NYS DEC 50 Wolf Road Albany, NY 12533 14. Conservation Advisory Council Town of Wappinger P. O. Box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 2. Dutchess Co. Planning Dept. 47 High Street Poughkeepsie, NY 12601 15. Arch. Review Board Town of Wappinger POBox 324, 20 Middle Bush Rd. Wappingers Falls, NY 12590 3. Dutchess Co. Soil & Water Cons. Rou te 1144 Poughkeepsie, NY 12601 16. Mr. Tyde Richards The Alpine Companies 1029 North Road Westfield, Ma. 01085 4. NYS DEpt. of Transportation. 4 Burnett Blvd. Poughkeepsie, NY 12602 17. Mr. Robert Palmer, Esq % Palmer & Gabel 90 Market Street Poughkeepsie, NY 12601 5. Tri-Municipal Sewer Commission Sheafe Road Wappingers Falls, NY 12590 6. NYS Dept. of Enviornmental Cons. 211 S. Paltz Corners Raod New Paltz, NY 12561 7. Dutchess Co. Health Dept. 22 Market Street Poughkeepsie, NY 12601 8. Dutchess Co. DPW 22 Market Street Poughkeepsie, NY 12601 9. Village of Wappingers Falls % Rudifoff and Rohde 328 Main Mall Poughkeepsie, NY 12601 10.Enviornmental Mgmt. Council P. O. Box 259 Farm and Home Bureau Millbrook, NY 12545 11 . Town Baord Town of Wappinger PO Box 324, 20 Middlebush Road Wappingers Falls, NY 12590 12. Mrs. Elaine Snowden, Town Clerk Town of Wappinger P.O. Box 324, 20 Middlebush Road Wappingers Falls, NY 12590 13.Mr. Thomas Logan, Assessor __Town of Wappinger P. O. Box 324, 20 Middlebush Road, Wappingers Falls, NY 12590 ,/ . ./) May 30, 1990 1 Town of wappinger Planning Board Lead Agency Findings statement on the Final Environmental Impact statement for the Alpine Shopping Center I. Background 1. The Applicant proposes to construct and operate a shopping center to be known as Alpine Shopping Center (the "Project"). Upon completion of all phases, the project is proposed to consist of a combined gross leasable area (GLA) of 202,600 square feet. The GLA at Project completion has served as the basis for determination of potential environmental impacts. 2. The proposed site for Alpine Shopping Center is a single parcel of land totalling 60.4 +/- acres, generally bounded by U.S. Route 9 and various highway commercial uses to the west, vacant commercial land to the north, residential uses to the east and highway businesses to the south. The Project site is located within a Shopping Center (SC) District, under the current Town of wappinger zoning Ordinance. The Project is an allowed use in the SC district upon site plan approval by the Town of Wappinger Planning Board. 3. The Shopping Center will be constructed in two phases. The first phase to be constructed will be not more than 110,000 s.f., will be the southernmost segment of the project, configured approximately perpendicular to Route 9, and will entail no construction within the "wetland" area or its buffer zone. A site plan for this segment will be submitted for review. The 2nd phase, approximately 92,600 s.f., will occupy the more northerly portion of the site and will be configured parallel to U.S. Route 9. A site plan to include phase 2 will be required to be approved by the Board prior to the issuance of any building permit for phase 2. Submission of the phase 2 site Plan will require a reopening of the SEQRA process. The Planning Board may require the updating of the submitted DEIS/FEIS upon which these findings are based. The applicant has indicated a willingness to pursue the approvals necessary for the Phase 2 construction. A. The applicant is currently processing a Wetlands permit for construction in the wetlands as shown on Phase 2 2 B. The DEC has declared the application incomplete because of lack of findings. The adoption by The Planning Board of these findings will allow the D.E.C. to continue their review and act on such application. C. We expect the D.E.C. to act on the permit within the next 6-12 months. The Board will terminate the approval process for Phase 2 if the applicant has not received D.E.C. approval within 18 months from the date final site plan approval for Phase 1 has been granted. D. We will allow the applicant 18 months from D.E.C. permit approval to complete a DEIS for Phase 2, otherwise the Planning Board will terminate the approval process for Phase 2. 4. Access to the Project will be furnished by an "T" style intersection onto u.s. Route 9, approximately 150 feet south of an existing culvert for Wappinger Creek ("Hunter Creek"). Necessary off site traffic improvements to mitigate traffic impacts from each phase will be provided by the Applicant subject to review by the New York state Department of Transportation as part of the Highway Work Permit process. Details of the parking areas and ring road will be subject to the subsequent site plan review process. 5. Alpine Shopping Center, including parking areas and boundaries, is proposed to be landscaped with a variety of tree and plant species compatible with local soils and climate. The overall effect will be to create a suitable buffered and attractive visual environment. All landscaping and buffering is subject to review and approval at time of site plan review. The environmental review of Alpine Shopping Center has afforded the Planning Board and other involved agencies an understanding of the potential environmental impacts that might arise from the construction and operation of the Project. The applicant has presented detailed information regarding potential impacts, most notably slope and wetland impacts, and including many other impacts which can be reasonably anticipated and analyzed. Analysis of other details, such as traffic, parking, landscaping, drainage, and implementation of stormwater management controls identified in the EIS have been disclosed and proposed mitigation measures identified, and will receive further consideration as part of the subsequent detailed site plan approval process by the Planning Board. 3 The Planning Board has determined that the findings may be broken down into specifics relating to Phase 1 and Phase 2 construction. Based upon a review of the DEIS and FEIS, construction of Phase 1, with no intrusion into the wetland area or its associated buffer area, will have little or no significant impact on such wetland areas. The general impacts with Phase 1 are the normal, short term impacts associated with construction. Phase 2, on the other hand, will also include the impacts associated with filling and replacement of the wetland areas, within the permit process and requirements of the New York state D.E.C. Findings in this statement are confined to Phase 1 Construction. Separate findings will be required for Phase 2. II. Land Use and zoning 1. The property is shown for "Office" use on the Town Comprehensive Plan adopted August 8, 1988. 2. The site is located in an SC, Shopping Center district in which retail shopping centers and restaurants are uses permitted by right subject to site plan review by the Town Planning Board. 3. The site is predominantly vacant-with the exception of one single family home and barn under the control of the Applicant. 4. The proposed Project will provide a high quality shopping facility for the benefit of area residents, will increase the taxable value of the project site, and will provide numerous jobs to area residents. Findinqs The Planning Board therefore finds that: The Project is consistent with surrounding land uses and zoning. No adverse impacts on existing land uses will result from the construction of the Project. 4 III. Traffic and Roadways 1. A traffic study was prepared by John Collins Engineers, P.C. to evaluate the traffic impacts from the project at full buildout on the surrounding road network. The traffic study evaluated impacts from a Project larger (238,000 s.f. GLA) than the fully developed project that is now proposed (approximately 110,000 sf GLA in Phase 1 and 202,000 total sf GLA in Phase 2) and therefore provided a conservative estimation of impacts. The study formulated recommendations for highway improvements which would be required upon full buildout to avoid or mitigate, to the maximum extent practicable, such impacts. 2. The traffic study took into account existing traffic volumes on the roadways and intersections in the vicinity of the Project and then projected those volumes to a 1992 design year utilizing a 2% background growth factor. The traffic study thus provides a sufficient basis for a reasoned determination of future impacts and mitigation measures required. 3. The New York state Department of Transportation (NYSDOT) has reviewed the traffic study and determined in their comment letter of 9/18/89 that the existing traffic, area growth factor, site generated volumes and distribution were all reasonable. 4. The NYSDOT has indicated that it prefers that the Site access driveway be constructed as- a "T" intersection rather than as an "English Couplet" intersection. Analysis of the "T" intersection has demonstrated that acceptable levels of service will be achieved with this configuration and it is therefore proposed to be implemented. The following improvements will be implemented by the Applicant at the Site access driveway and Route 9 prior to completion of Phase 1 of the Project. a. Construct a full movement driveway connection to Route 9 consisting of two entering and two exiting lanes. b. Construct a separate left turn lane southbound and a separate right turn lane northbound at this new intersection. c. Install a new, actuated traffic signal to be coordinated with the traffic signals at Myers Corners Road and Old Hopewell Road. 5 5. A NYSOOT Improvement Contract calls for reconstruction of the intersection of Route 9 and Myers Corners Road. Following the completion of the NYSDOT improvements to this intersection, acceptable levels of service will be achieved, including the traffic generated by the Project. The existing northbound left turn lane may have to be lengthened to store the left turn volume. A determination on the need to lengthen the left turn lane will be made by the NYSDOT as part of the Highway Work Permit Process for Phase 2. This improvement may be required to serve Project generated traffic from Phase 1 and will be the subject of a NYSDOT highway work permit. 6. The Applicant will install a traffic signal at the intersection of Middlebush Road and Route 9D when signal warrants are met. It is anticipated that this would occur upon construction of Phase 2. 7. Improvements to Route 9 and Old Hopewell Road will be required under the No-Build condition during the design year. These improvements include the provision of separate right turn lanes on the northbound and southbound approaches of Route 9. In addition the eastbound approach will have to be modified to provide a three-lane section including a separate left turn lane, one through lane and a separate right turn lane. Also, the westbound approach will have to be coordinated with the improvements on the opposite approach and should consist of a separate left turn lane and a combined through/right turn lane. The improvements at this intersection are required under the No-Build condition and are not a result of Project generated traffic. Improvements to this intersection will be required during Phase 1. The responsibility for these improvements will be determined by the NYSDOT during the Highway Work Permit process. It is expected that the Applicant will be responsible for constructing same portion of these improvements, as determined during the Highway Work Permit process. 8. The Applicant will construct right turn lanes on all approaches to the intersection of Old Hopewell Road and Route 90 as part of the improvements required for Phase 2 . 6 9. with respect to construction traffic, impacts will be temporary, short term and local in nature. Delivery of construction equipment and materials will be scheduled for off-peak traffic hours to avoid conflicts. A Maintenance and Control of Traffic Plan will be implemented during construction to mitigate impacts on traffic disruption from construction activities. 10. The Project site plan provides for the construction of a future bypass road between Old Hopewell Road and Myers Corners Road to be located along the eastern portion of the Applicant's property. The Applicant will make available a right of way of sufficient width to accommodate this road. The location of the right of way will be determined during the site plan approval process. Findinqs The Planning Board makes the following findings with respect to traffic. 1. Traffic impacts from a first Phase not to exceed 110,000 square feet GLA can be adequately mitigated with implementation of the above listed improvements. IV. Air Quality 1. Data from air monitoring stations within the Hudson Valley Air Quality control Region indicate that Dutchess County's air quality is.quite good, with all stations reporting measured pollutant levels below established thresholds. 2. Analysis of the impacts of additional traffic on the existing levels of carbon monoxide (CO) at the site was performed. Results of this analysis indicate that computed levels of CO for the existing, no-build and build conditions are 6.2, 6.5 and 6.6 ppm, respectively. These CO levels are all below the New York state Department of Environmental Conservation (NYSDEC) standards, and therefore no adverse air quality impacts are anticipated as a result of the project. 7 3. The Planning Board has found that the increase in airborne particulates generated by construction at the site will be adequately mitigated by the use of emission control and anti-pollution devices on all construction equipment and by rapid revegetation and landscaping which will retard off-site migration of fugitive dust. Conventional water spray trucks will be used to maintain optimum grading conditions, minimize disturbed area, insure proper control of compaction and minimize dust dispersion. Findings The Planning Board makes the following findings with regard to impacts on air quality. 1. Construction activity generation of airborne particulates will be adequately mitigated. 2. Exhaust emissions will be mitigated and are considered short-term, temporary and local in nature. V. Noise 1. The project site is located directly adjacent to u.s. Route 9. As a result, highway traffic is the predominant noise source affecting the area. 2. Noise produced during construction will be intermittent in nature and of short duration, and will not exceed Government Service Administratio~ standards. Construction noise is specifically exempted from Town of wappinger noise regulations in Article IV, Section 483.1 of the Town Zoning Ordinance. 3. Cutting and filling will be balanced as much as possible to reduce the need for blasting. Buildings and other improvements will be located so as to minimize the need for blasting to the maximum extent practicable. Rippable material will be maintained over the area to be blasted, or blasting mats may be used if overburden is not available. A blasting plan will be developed which will incorporate use of the correct size shot, the use of closely spaced, drilled holes located near free faces, delay blasting caps, a sequential timer and notification of nearby residents. 4. Other than residences, there are no sensitive receptors near the site (schools, hospitals, etc.). To reduce potential noise impacts on nearby residents, the Applicant has agreed to construct sound absorbing barriers such as fences or tree buffers. The location of such buffers will be determined during the site plan review process. 8 5. Construction equipment will be properly muffled and maintained to reduce noise and vibration. 6. Noise resulting from increased traffic would account for an approximately 0.5 dBA increase over existing noise levels at the site. Therefore, traffic generated noise will not cause a significant increase in ambient noise levels in the area. Findinqs with respect to project generated impacts related to noise, the Board finds: 1. Construction noise due to traffic will not significantly impact surrounding land uses. 2. Adequate noise control measures will be implemented during blasting. 3. Construction noise will be temporary, short term and local in nature. 4. Traffic noise impacts on surrounding residential uses will not be significant. 5. Noise at project completion will be within established federal guidelines. 6. Noise buffers such as wooden barriers or tree plantings will be utilized to further reduce noise impacts on surrounding residential uses. The location of such buffers will be determined during the site plan review process. VI. Historical and Archaeological Resources The Planning Board has examined a stage lA archaeological analysis of the project site. The site is not listed on either the state or Federal Registers of Historic Places. The New York state Museum and state Historic Preservation. Office do not report any archaeological sites on the Alpine Shopping Center site. However, since construction activities could potentially disrupt historical or archaeological resources at the site, a stage IB Archaeological Field Survey is required to be completed and submitted to the NYSDEC prior to beginning construction. 9 Findinqs with regard to archaeological resources, the Planning Board finds that: 1. The Project will have no impact on historical or archaeological resources on the state or National Registers of Historic Places. 2. Although no archaeological sites are reported on the project site, a stage 1B field Survey will be conducted prior to commencing construction. VII. Wetlands 1. Approximately 25 acres of the northern portion of the Project Site is located in a DEC classified wetland. The wetland is designated by the DEC as WF-3 and is a Class III wetland. 2. The DEIS and FEIS contained detailed descriptions of the wetlands functions and benefits provided by the portion of WF-3 on the Project Site. The wetland is dominated by purple loosestrife. The major function and benefit provided by the wetland is flood and stormwater control. 3. Phase 1 of the Project will not involve any encroachment of regulated wetlands areas. Under the plans submitted in the EIS, Phase 2 will require the removal and filling of approxima~ely 9.6 acres of wetland WF-3. 4. Since the primary function of the wetland is to provide flood and stormwater control, the Applicant has developed a mitigation plan to replace the loss of flood storage. A stormwater basin will be constructed which will balance the amount of stormwater storage lost. The net effect will be duplication of the wetlands flood control function. The Applicant will be required to demonstrate to the Planning Board during the site plan review process that any filling in the wetlands areas will not cause an adverse impact on floodplains located downstream of the Project site. 5. The loss of low quality purple loosestrife dominated wetlands habitat is proposed to be mitigated by the construction of a detention area which will provide open water habitat for birds and amphibians as well as some "edge" species of wetland vegetation. The intent of this mitigation is to provide increased diversity and quality of habitat. 10 6. The Applicant has made application to NYSDEC for a wetlands permit for Phase 2 involving filling of wetlands. It is recognized that before any activities may occur in the regulated wetland or buffer, a permit must be obtained from the DEC. Further, the DEC, during the permit review process, may require additional mitigation or alterations to the project to mitigate impacts. The Planning Board recognizes DEC's expertise in the area of wetlands and further recognizes that site plan approval for any portion of the project requiring wetlands fill will also require DEC approval. The Phase 2 site Plan involving wetlands fill will be subject to modification based on input from NYSDEC and the Planning Board during site plan review. Findinqs The Planning Board Finds that: 1. Construction of Phase 1 will have little or no significant impact on such wetland. 2. Any activities in wetlands are subject to approval by NYSDEC. The Planning Board specifically recognizes DEC's expertise in this matter and further recognizes that additional mitigation or alterations to the Project may be required by the DEC. Approval of wetlands portions of the Project are contingent on such approval. 3. The Applicant must demonstrate during the Site Plan review of Phase 2 that the proposed stormwater mitigation measures will result in no increase in downstream and/or upstream floodwater levels as a result of any fill activities in the wetland. VIII. Sewage Disposal 1. The preferred method of sewage disposal for the Project involves connecting into the Town Trunk Sewer Line in the Route 9 right of way which is anticipated to be constructed before the Project is completed. 2. Should the Town Sewer Trunk Line not be extended on a timely manner, compatible with the Applicant's development plans, then the Applicant will construct a force main to the Village of Wappingers Falls. 11 3. The Tri-Municipal Sewage Treatment Plant has adequate capacity to accept the sewage flows to be generated by the Project. A letter agreeing to accept the flows shall be secured from the Commission prior to site plan approval. 4. In the event a force main is to be constructed, Alpine will meet with the Village and Town prior to design of the force main route to select an alignment acceptable to the municipalities which will minimize impacts from utility relocations and pavement removal and replacement. 5. If Alpine constructs the force main to the village, then Alpine will disconnect from the force main and connect to the Town's trunk main if and when such a connection becomes possible. Findinqs The Planning Board finds that: 1. The Tri-Municipal Wastewater Treatment Facility has adequate capacity to accept wastewater flows from the Project as indicated by Rudy Laprr, P.E. 2. Measures have been proposed to ensure that impacts from construction of the proposed force main, if utilized, will be minimized. These measures include those noted for construction impacts on soil 'resources noted in Section 4.01.09 of the DEIS. IX. Water Supply 1. The Project will be supplied with potable water by on- site wells. Three drilled wells were tested and demonstrated a safe yield of 11, 12 and 8 gpm each (31 gpm, total). The anticipated daily water use for the Project at full build-out is approximately 27,000 gpd. this use will require the continuous pumping of 18.75 gallons per minute from well sources. With the three existing wells, the average usage can be supplied by two wells with one out of service. However, to satisfy concerns of reliability, the Applicant will develop a fourth on-site well prior to completion of Phase II. 12 2. Fire flows will be provided for both phases by connection to the Central Wappinger Water Improvement Area (CWWIA), at the corner of Myers Corners Road and Spook Hill Road. However, the CWWIA is not presently in a position to extend potable water service to outside customers. When the CWWIA is able to provide potable water to the site, the Applicant will abandon its well supply. Other users could also tie into the system at that point in time. Findings With regard to Water Supply, the Planning Board finds that: 1. with a properly sized pipe adequate water pressure and flow exist to serve the fire flow demands of the Project via connection to the CWWIA system. 2. The proposed on-site well water supply system will be adequate to provide the Project with a reliable supply of potable drinking water, in compliance with all applicable State and local standards. A fourth well will be developed prior to completion of Phase II. x. Solid Waste 1. Solid waste generated during construction of the Project will be transported by a contract hauler to an approved construction and demolition debris landfill. 2. operations at the Project will generate approximately 1/2 ton of solid waste per day. The waste will be transported to the Dutchess County Resource Recovery Facility by a private contract wastehauler. The facility presently handles approximately 400 tons of solid waste per day. The increase due to the Project will be minimal. Findinqs The Planning Board finds: 1. Construction debris will be disposed of in an approved disposal facility off-site. 2. Solid waste generated will be transported by a private contract waste hauler to an approved disposal facility. 3. Construction and operation of the Project will have no adverse impact on solid waste disposal in Dutchess County. 13 XI. Soil Erosion and Sediment control 1. A total of approximately 28 +/- acres of land on the southern portion of the site will be disturbed during the construction of the Project upon completion of Phase 2. 2. Deep hole test pits were excavated on the project site to determine the location and extent of various soil types, water table levels and bedrock depths. 3. The Applicant has prepared grading plans and erosion control plans which will limit the amount of sediment leaving the site both during and after construction. These plans call for soil stockpiling during construction and the use of haybales or filter fabric fences and jute mesh. Soil amendments and rapid revegetation will help reduce erosion. Filter barriers will be periodically cleaned and repaired as required. 4. An approximately 25 foot cut is proposed on the southern boundary of the site as shown on the site plan contained in the FEIS. The building is proposed to be "stepped" so that a grade change will occur from west (lowest level) to east (highest level). This design reduces the cut from the 40 foot +/- originally proposed. The Applicant has continued to explore ways in which the cut can be reduced, including locating the rear of the building adjacent to the southern property line and increasing the grade change in the "stepped" design. There are access considerations which limit the extent to which the building can be "stepped." The Applicant has also explored reducing the angle of the cut on the southern property line; however this would require moving the Phase I developed area into the regulated wetland. The Planning Board will continue to explore ways in which the cut can be reduced, such as building placement and grading, during the site plan review process. Safety concerns from the cut can be mitigated by fencing and the use of retaining walls. Findinqs The Planning Board finds that: 1. Implementation of the controls identified in the Grading Plan, and erosion control and the mitigating measures listed under section 4.01.09, of the DEIS will adequately limit the amount of sediment leaving the site both during and after construction. 2. Use of water trucks will reduce wind and water erosion on disturbed areas. 14 3. A maintenance program of sediment control devices will ensure proper functioning of such devices. 4. The Applicant and Planning Board have explored ways to minimize the cut required on the southern property line. These include "stepping" the building and locating the building closer to the property line. The Planning Board will make a final determination on the size of the cut during the site plan review process. XII. Visual Character 1. During construction the site will be maintained in a neat orderly manner. Crews will remove waste for collection prior to disposal on a regular basis. All construction debris will be promptly removed from the site by a private wastehandler and disposed of in an approved construction and demolition debris landfill. 2. The site is presently vacant, except for a single residence and driveway. The shopping center and associated parking will replace this existing use. 3. The proposed shopping center buildings are to be reviewed during the site plan review process. Existing trees will be retained where possible and the site will be extensively landscaped, subject to site plan review, with various plantings on the northern, eastern and southern boundaries to buffer the existing residential areas. The western boundary wil~ be partially landscaped to provide screening of the parking area from u.s. Route 9, and in such a way as to maintain optimum site distances at driveway intersections. 4. Timers will be used to mitigate visual impacts from the lighting, which will be directed downward, to minimize "splash" off the site. Findinqs 1. The Planning Board finds, with respect to the visual impact of the project, that mitigation measures to be used during construction, including landscaping screening and lighting, will mitigate impacts on the visual character of the area. 15 XIII. Community services, Fiscal and Economic Impacts 1. The Project will have no adverse impacts on local services and utilities during construction. 2. The Project site is located approximately three minutes from the firehouse at Hughsonville. Internal fire protection will be provided by fire fighting sprinklers, and external fire hydrants around the buildings. Fire water will be provided by connection to the CWWIA system. Adequate fire flows and pressures will be provided per National Fire Insurance Standards. 3. The Sloper-Willen community Ambulance Service has indicated that there is no problem responding to the emergency needs of a new shopping center. 4. The County Sheriff and the NYS Police have indicated that they can furnish adequate police protection to the site. 5. The Applicant will make a series of improvements to the existing roadway network to mitigate any potential traffic impacts resulting from the Project. The Phasing of these improvements is discussed in Section III of these findings. 6. The Project is expected to generate revenues for the Town of Wappinger, Wappinger's Central School District and Dutchess County. Municipal revenues include the collection of Town property tax in the amount of $90,467. One time permit fees are estimated at $195,097. School district taxes to the Wappinger Central School District are estimated at $135,183 annually. Sales taxes are estimated at $1,789,234 annually, with $340,806 going to the County. 7. The construction of the Project will generate approximately 400 full time equivalent jobs both on and off-site. Full-time employment resulting from the Project is estimated at 400 positions, and $3,000,000 per year in wages. Findinqs With respect to community service, fiscal and economic impacts, the Planning Board finds: 1. The Projects' construction and operation will have a significant beneficial impact on area employment opportunities. 16 XIV. public Safety 1. The on-site fire protection system will meet the approval of the local Fire Advisory Board, as well as all local, state and Federal (NFPA) insurance company specifications. System plans will be presented to the Fire Advisory Board during site plan review. 2. As discussed in Section XI of these findings, The Applicant is exploring ways to reduce the cut on the southern property line. Safety concerns will be addressed by fencing along the top and bottom of the rock cut. A retaining wall may be necessary to insure the stability of the cut. A final design of the retaining wall, if required, will be determined during the site Plan Review process. 3. Blasting will be necessary in order to grade the site. Blasting will conform with Town of Wappinger Local Law Number 6 of 1981. section 4.01.08 of the DEIS provides mitigating measures to be taken to minimize impacts from blasting. Findinqs 1. With regard to public safety, the Planning Board finds that adequate public safety services are available and adequate safety measures will be implemented during and after construction to ensure public safety and the general welfare of the Town of w~ppinger. xv. stormwater and streams 1. In order to mitigate changes in stormwater runoff from impervious surfaces, such as buildings and parking lots, a stormwater management system incorporating detention ponds is proposed to be constructed on the site. 2. The proposed Project will reduce the floodwater storage capability of the floodplain area upstream of the U.S. Route 9 culvert. In order to offset the reduction in storage, a stormwater detention pond is proposed on a tributary of Wappinger Creek ("Hunter Creek"). The volume of the pond will be sized to offset the fill that will be placed in order to prevent flooding upstream. 17 3. A HEC-2 analysis will be performed during the site plan review phase for any portion of the Project involving fill in the wetlands area in order to evaluate the floodway and floodplain boundaries on site and the effect of filling the wetland area. If this analysis indicates that filling results in a increase in water level for the 100 year storm, the Applicant will be required to mitigate this impact by providing additional flood storage area so that no increase in flood levels will occur, or the site Plan will be modified to reduce the proposed fill. 4. The stormwater management system will be constructed to convey stormwater from most rainfall events to a detention basin, from which the water will be discharged to the groundwater or will pass through control structures to channels connecting with the Wappinger Creek tributaries to the north. Stormwater from very high rainfall events will be conveyed by overland flow to Wappinger Creek Tributary 1. 5. During construction, numerous erosion and sediment control measure will be implemented to prevent impacts on the site surface water resources from erosion runoff. Findings with respect to stormwater and streams, the Planning Board finds: 1. Erosion and sediment control measures to be undertaken during construction will prevent adverse impacts on Wappinger Creek from construction activities. 2. The proposed stormwater management plan to be implemented after construction will prevent adverse impacts on Wappinger Creek from sediment loading and will prevent an increase in stormwater discharge off- site after the construction of the Project. 3. If during the review of the Phase 2 site Plan, the grading plan is determined to adversely impact the upstream backwater condition, the Site Plan will be required to be modified to mitigate this impact. 18 XVI. Alternatives 1. Alternative uses which were examined for the site included a 40,000 square foot motor vehicle sales and service facility, a 550,000 square foot professional office complex, a 238,500 square foot office complex and a 525,000 square foot Conservation Office Park. The Planning Board has determined that each of these alternative uses would have adverse impacts on the area similar to the project; however these alternatives would not provide the degree of positive impacts as would the project, including employment and tax opportunities to be generated by Alpine Shopping Center. 2. A smaller scale retail facility was examined (95,000 square feet). Such a facility would generate demands on local services and utilities similar to the Project at full build-out, but would produce less sales tax revenue and provide fewer jobs. Phase 1 of the project is proposed for approximately this size. 3. A larger scale shopping center is not considered feasible due to environmental and site constraints. Findinqs The Planning Board finds that alternative land uses and alternative project scales have been adequately examined and that the proposed Project represents ~ reasonable and viable use and scale. XVII. Adverse Impacts Which Cannot Be Avoided The Board finds that impacts which cannot be avoided consist primarily of short term activities which are local in nature and have no significant effect on the environment. Mitigation in the form of fencing and a retaining wall, if required, is proposed for the cut on the southern property line. During the Site Plan Review process the Planning Board will explore ways to reduce the cut, such as modifying the grading plan or locating the building closer to the southern property line. Impacts on wetlands are proposed to be mitigated by enhancement of habitat and duplication of the flood control function. It is recognized that NYSDEC may require additional mitigation and project alteration as part of its permitting process. Impacts of stormwater runoff and flood control will be adequately mitigated by the proposed stormwater control plan.