2008-09-02
TOWN OF WAPPINGER
PLANNING BOARD
DISTRIBUTION
xxx SITE PLAN I SPECIAL USE PERMIT
- -
SIGNED RESOLUTION & PLAN
PROJECT TITLE:
Baisley I Van Benschoten Site Plans
DATE PREPARED: September 2, 2008
DISTRIBUTED FOR YOUR RECORDS
RESOLUTION WITH APPROVED PLANS: 6 COPIES
lL TOWN FILE
lL TOWN ENGINEER
-X BUILDING INSPECTOR
l FIRE INSPECTOR
-X. HIGHWAY SUPERINTENDENT
-X APPLICANT
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RESOLUTION ONLY:
l TOWN CLERK (ORIGINAL)
-X. RESOLUTION FILE
lL FIRE PREVENTION BUREAU
-X. TOWN ATTORNEY
l TOWN BOARD
l TOWN SUPERVISOR
-X TOWN ASSESSOR
_X_ CENTRAL HUDSON - Easement/Utility Page
_X_ DUTCHESS COUNTY SOIL & WATER
l APPLICANT'S ENGINEER I ARCHITECT
RECREA TION
DC DEPT. OF PLANNING
DC DEPT. OF PUBLIC WORKS (COUNTY ROAD)
DEPT. OF TRANSPORTATION (STATE ROAD)
VILLAGE OR TOWN
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FREDERICK P. CLARK ASSOCIATES, INC.
Plan n i ng/DevelopmentlE nvi ronmentfT ransportation
Rye, New York and Fairfield, Connecticut
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540 . FAX (914) 967-6615
October 5, 2007
Mrs. Barbara Roberti, Planning Board Secretary
Town of Wappinger
20 Middlebush Road
P. O. Box 324
Wappingers Falls, New York 12590-0324
Subject:
Baislev - Van Benschoten
Dear Barbara:
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David H. Stolman, AICP, PP
'-_' ,,,; ,II I ,,,' .'f'.f!i.&ael A. Galante
TOV.,:!'I OF WNPC .'!GEf1
Joanne P Meder, AICP
David J. Portman, FAICP
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Enclosed is the final version of the Resolution of Site Development Plan and Wetlands
Permit Approval which the Planning Board adopted at its last Planning Board meeting.
If you have any questions regarding this resolution, please do not hesitate to let me know.
Thanks.
Best regards.
Very truly yours,
\)~
David H. Stolman, AICP, PP
President
Enclosure
J :\DOCS2\500\ W appinger\wap 7 -0 18.dhs.doc :ev
Connecticut
(203) 255-3100
Hudson Valley
(845) 297-6056
Long Island
(516) 364-4544
email@fpclark.com
www.fpclark.com
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10/1/07
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: BAISLEY-VAN BENSCHOTEN -RESOLUTIONOF SITE
DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess
County, New Y or~, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New
York on the / ~ day of tJf.llJ1by 2007 at 7 :30 P.M.
The meeting was called to order by Chairman Philip J. DiNonno and upon roll
being called, the following were:
PRESENT: Chairman
Boardmembers
Philip J. DiNonno
William Kickham
Marsha Leed
Regina Pace
Eugene Pinto
Ronald Roberts
Robert L. Val dati
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The followin,g resolution was moved by JJt1. v I-L~~
and seconded by L/X1 . Ki-t!--t:.lVVJJ(.) .
WHEREAS, the Town of Wappinger Planning Board received an application from
John Baisley and Jerod Van Benschoten (the "Owner(s)" and "Applicant(s)") for final
approval for the subdivision of one ::l:: 8.14-acre parcel of land into two (2) building lots,
3.89 acres (Lot 1) and 4.23 acres (Lot 2) in size and for site development plan and wetlands
permit approvals for the construction of a 14,000-square foot contractor's storage and office
building with associated parking and other improvements on each of the lots (the "Project"
or "Proposed Action"); and
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WHEREAS, the property is known as tax lot 625$-02.$54522 and is located on the
north side of Airport Drive approximately 2,000 feet east of New Hackensack Road, and
is within the AI (Airport Industrial) District in the Town of Wappinger (the "Site" or
"Subject Property"); and
WHEREAS, the Applicant has submitted an EAF (Parts 1, 2 and 3); a Wetland
Functional Evaluation Report, prepared by Ecological Solutions, LLC, dated March 1,
2006; a Stormwater Pollution Prevention Plan, dated March 15, 2004, last revised August
25,2004, prepared by Michael E. Gillespie, P.E.; and the following sheets of plans prepared
by Michael E. Gillespie, PE:
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lJAISLEY-VAN BENSCHOTEN-
RESOLUTION OF SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
1. Sheet I of 4 (Van Benschoten), "Commercial Site Plan," dated 9/8/03, last revised
08/9/07;
2. Sheet 2 of 4 (Van Benschoten), "Landscaping & Lighting Plan" dated 9/8/03, last
revised 08/9/07;
3. Sheet 3 of 4 (Van Benschoten), "Site Plan Construction Details" dated 8/1l/03,
last revised 08/9/07;
4. Sheet 4 of 4 (Van Benschoten), "Site Plan Construction Details" dated 8/ll/03,
last revised 08/9/07;
5. Sheet I of 4 (Baisley), "Commercial Site Plan" dated 9/8/03, last revised 08/9/07;
6. Sheet 2 of 4 (Baisley), "Landscaping & Lighting Plan" dated 9/8/03, last revised
08/9/07;
7. Sheet 3 of 4 (Baisley), "Site Plan Construction Details" dated 8/ll/03, last revised
08/9/07;
8. Sheet 4 of 4 (Baisley), "Site Plan Construction Details" dated 8/ll/03, last revised
08/9/07;
9. Plan entitled "Drainage Map (Baisley & Van Benschoten), dates 3/15/04, last
revised 08/9/07; and
WHEREAS, the Planning Board is familiar with the Subject Property and its
surroundings, and has reviewed the project in accordance with the standards for approval
contained in the Zoning Law and Chapter 137 of the Town Code; and
WHEREAS, the Proposed Action is a Type I action with respect to SEQR in
accordance with Chapter 117 of the Wappinger Code, as the development of each lot
involves the physical alteration of more than one (I) acre for a nonresidential use and the
proposed buildings on each proposed lot exceed 10,000 square feet in floor area, and the
Planning Board issued a Negative Declaration as a part of its Resolution of Preliminary
Subdivision Plat Approval on April 3, 2006; and
WHEREAS, in accordance with Sections 239-1 and m of the New York State
General Municipal Law, the Planning Board referred the subject Site Development Plan
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BAISLEY-VAN BENSCHOTEN-
RESOLUTION OF SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
application to the Dutchess County Department of Planning and Development (DCDPD);
and
WHEREAS, the DCDPD responded to the above mentioned referral in its form
letters which conclude that this is a Matter of Local Conem."
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Planning Board hereby adopts and incorporates the recitations and statements
set forth above as if fully set forth and resolved herein.
2. The Planning Board hereby grants Site Development Plan and Wetland Permit
Approvals to each new lot that is the subject of this action for the construction of a
new 14,000-square foot contractor's storage and office building on each lot, along
with associated improvements such as parking and drainage, in accordance with the
provisions of Articles IX, X and XI of the Zoning Law and Section 137-9 of the
Town Code, subject to the following conditions and modifications, which shall be
fulfilled prior to the issuance of a Building Permit in conjunction with this site plan
or any permission for site improvements being issued to the Project:
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The Property Owner and Applicant shall endorse and submit a copy of this
Resolution to the Zoning Administrator for filing.
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 respond to all comments contained in the Town
Engineer's August 16, 2007 letter and/or any other subsequent letters, and
revise the plans as necessary, to the satisfaction of the Town Engineer.
The Applicant shall respond to all comments contained in the Town
Attorney's September 28,2007 letter and/or any other subsequent letters, and
revise the plans as necessary, to the satisfaction of the Town Attorney.
The plans shall be revised to include a maintenance plan for the wetland
establishment area, including the soil analyses referred to in Section 2.1.1 of
the wetlands report, to the satisfaction of the Town Planner.
The plans have been revised to note that the wetland mitigation area will be
protected with a conservation easement. The area of the conservation
easement shall be clearly delineated on the plans to the satisfaction of the
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BAISLEY-VAN BENSCHOTEN-
RESOLUTION OF SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
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3.
Town Planner, and the legal easement shall be submitted for the Town
Attorney's review and approval.
The Applicant has obtained a Wetland Buffer Disturbance Permit from the
NYSDEC dated November 2, 2006. The plans shall include all special
conditions listed on pages 4 and 5 of the permit to the satisfaction of the
Town Planner.
The Wetland Area Planting Schedule indicates use of bare root 3.5 and 4.5
inch caliper Pin Oak and Red Maple Trees. The plans shall show these trees
as being balled and burlapped to the satisfaction of the Town Planner.
The Wetland Area Planting Schedule indicates that the size of the proposed
shrubs (Common Spice Bush, Silky Dogwood and Winterberry) range from
12 to 24 inches high. The plans shall show these as being replaced with
larger landscape quality plants at 3 to 3.5 feet high to the satisfaction of the
Town Planner.
The Landscaping and Lighting Plan shows a Sugar Maple tree located west of
the property entrance on Airport Drive. This tree is located within the
stormwater management expansion area. Therefore, the plans shall show the
relocation of this tree to the satisfaction of the Town Planner.
Site Specific Note #2 provided on Sheet 2 of 4, Landscaping and Lighting
Plan, reads as follows: "Each shade tree shall be a minimum of 3 inches in
caliper at time it is planted." This statement shall be revised to indicate "a
minimum of3.5 inches in caliper" to match the planting schedule provided on
the plan, to the satisfaction of the Town Planner.
The proposed building elevations shall show dimensions, colors and materials
to the satisfaction of the Town Planner.
The following conditions shall be satisfied pnor to the Issuance of a
Certificate of Occupancy:
(I) The Applicant shall fulfill all of the conditions of, and shall complete
all improvements required in accordance with this Resolution of Site
Development Plan Approval.
(2) Certified "as-built" drawing(s) shall be submitted to the Town Zoning
Administrator upon completion of construction and landscaping.
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BAISLEY-VAN BENSCHOTEN-
RESOLUTION OF SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
4. In accordance with Article IX of the Zoning Law, unless otherwise extended by the
Planning Board for good cause shown, this 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 Development 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.
5. 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 review of this Project which are in excess of the application review fees
paid by the Applicants 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 therefor 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 be made
in accordance with the provisions of Chapter 240 Attachment 6:1, Planning and
Zoning Departments Fees and Escrow Funds.
6. The continued validity of any Building Permit or Certificate of Occupancy issued in
accordance with the approved Site Development Plan shall be subject to continued
conformance with such approved Site Development Plan, as amended.
7. The Planning Board Chairman shall endorse a copy of this resolution certifying its
correctness. The Applicants shall also sign a copy of this resolution after it has
been initially endorsed by the Chairman acknowledging their receipt of a copy of
the resolution. When all of the conditions as set forth above have been satisfied,
and when the Applicant has funded the application review escrow account
established for the Project to its original amount, nine (9) sets of the Site
Development Plan, 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 also endorse this resolution in the
space provided below, certifying that the Applicants have complied with the above
conditions of approval.
One (I) 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 Planner, Town Highway
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lJAISLEY-VAN BENSCHOTEN-
RESOLUTION OF SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
Superintendent, Town Assessor, Fire Prevention Bureau and the Dutchess County
911 Addressing Office.
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.
The question of adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Philip J. DiNonno, Chairman
William Kickham
Marsha Leed
Regina Pace
Eugene Pinto
Ronald Roberts
Robert L. Val dati
Voting:
Voting:
Voting:
Voting: I '4f:
Voting: (L .
Voting: .. ~ '
V oting: ~:i-
Dated:
The resolution is hereby duly declared adopted.
(1!1. I~J ,2007
Wappingers Falls, New York
~./ /~&/-
Victor L. Fanuele, ChaIrman
Town of Wappinger Planning Board
6-/J-v f'
Date
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Jo n BaisleyJ
App.licant and Owner
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Date
10- ~ 1)-07
Date
1 rod Van Benschoten
.l Applicant and Owner
The following endorsement hereby confirms that the Applicants have fulfilled all of the
conditions of this Resolution of Site Development Plan and Wetlands Permit Approvals
necessary for the issuance of a Building Permit and necessary for permission for the site
improvements included in the Project.
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BAISLEY-VAN BENSCHOTEN-
RESOLUTION OF SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
~,/f~
Victor L. Fanuele, Chairman
Town of Wappinger Planning Board
f.~ .2 - v r
Date
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