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1993-03-16 ; .. Irj'\I crr. rEnDRrE[)J Lnll~~lbU \VJ ~ MAR 1 :7 ~~:: H_ ZONING ADMINISTRATOR PLANNING BOARD TOWN OF WAPPINGER NY RESOLUTION ADOPTING STATEMENT OF FINDINGS BROKVL17.S0F Brookvale Subdivision RESOLUTION NUMBER: DATE: March 16, 1993 At a regular meeting of the Planning Board of the Town of Wappinger, held at the Town Hall, 20 Middlebush Road, Wappingers Falls NY on the 16th day of March 1993. -" The meeting was called to order by Acting Chairman Parsons and upon roll being called the following were: PRESENT: Acting Chairman, William Parsons; Phil DiNonno; Michael Franzese; Hugo Musto; Chris Simonetty ABSENT: Chairman Donald Keller; John Perillo The following resolution was offered for adoption by Mr. DiNonno who moved this adoption, seconded by Mr. Franzese to wit: WHEREAS, in accordance with the Town of Wappinger Zoning Law, and Subdivision Regulations as last revised, the Planning Board has received an application from: NORAZAMT Inc. for PRELIMINARY PLAT APPROVAL of a Preliminary Plat titled: BROOKVALE SUBDIVISION originally prepared by Richard G. Barger, PE & LS, dated 5/12/83, and last revised 4/9/84, located on Sheet 6257-01, parcel 260870, of the town tax maps, and WHEREAS the Planning Board, by Resolution dated 4/27/84, granted PRELIMINARY PLAT APPROVAL subject to the SEQRA review being completed prior to FINAL SUBDIVISION PLAT Approval, and I1/2C/2/1,//2 /1AH D ~/'" '8 1993 ~/NE S rOWN ~OWD Cl.etil{ '1:", ~ [1')') i ((u IF n'~ f7rE~' . i f".'\ i L.l! T) 1 Eli \'j'l [, WJ U ,J --.;......::._ L_.. J ,J ~= p,~ 1""-' ~;i,.\l~ ,/ > ~ J Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 2 ZON!NG ADMINISTRATOR WHEREAS. pursuant to SEQRA (6 NYCRR Part 617). and LL #6-1992. Town of Wappinger. The Planning Board has identified this action as a TYPE I action. declared itself lead agency on September 12. 1988 and circulated such declaration. adopted a Positive Declaration on January 13. 1989. required and accepted a DEIS on August 14. 1989. held a public hearing on the DEIS on September 25. 1989. subsequently accepted an FEIS and 2 addenda on December 7. 1992. and filed a notice of completion on December 29. 1992. and WHEREAS the applicant has submitted with the DEIS. and the Board has accepted and reviewed. a map titled "GRADING PLAN - BROOKVALE". prepared by Gray. Railing & Heinsman. dated November 10. 1989. which map is in substantial conformity with the map dated last revised 4/9/84. conditionally approved by the Board. and WHEREAS Title 6 Part 617 NYCRR further requires that the Lead Agency make findings before rendering a decision on the proposed actions. and further requires that such Statement of Findings must be issued within 30 days of filing of the Notice of Completion. WHEREAS the applicant on January 20. 1993 and February 1. 1993 has agreed to an extension of time for the Planning Board to adopt the required Statement of Findings. NOW THEREFORE BE IT RESOLVED that the this STATEMENT OF FINDINGS for the application of NORAZAMT Inc. for the approval of a PRELIMINARY PLAT titled BROOKVALE SUBDIVISION be adopted and , 'i",; j-,-~ "1, '\-\ ,'7 i. T ,~:J ',. \],1 j ,l, II I I "1 I j r ~l j; \'!! . 1- I " II I' I, I ~+ ~.~J ,~j \ :.. _'-::J ~~::... ~jli\t) r~";. \ p, i Statement of Findings BROOKVALE SUBDIVISION March 16, 1993 Page 3 ZONING ADMINISTRATOR BE IT FURTHER RESOLVED THAT the following Facts & Conclusions in the EIS have been relied upon to support this decision: Name of Action: BROOKVALE SUBDIVISION Description: The subdividing of 89.5 acres into 94 single-family home building lots. Location: Known as 19-6257-01-260870. on the Town Tax Assessment Map. Property located along the east side of Spook Hill Road. opposite Reggie Drive. in the Town of Wappinger. Dutchess County NY. Agency Jurisdictions: Town Planning Board - involved agency - subdivision plat approval Town Board - involved agency - acceptance of road construction surety & Town Roads Town Highway Superintendent - involved agency - acceptance of Town Roads Dutchess County Health Department - involved agency - approval of water supply & sewage treatment Date Final EIS filed: December 29. 1992 Project Description Preliminary Plans depict the subdividing of 89.5 acres of wooded lands into 94 single-family home building lots. It is proposed to construct 6.400 LF of new public road, with water lines. sewer laterals and positive drainage facilities. No recreation areas are shown. The parcel is situated on the east side of Spook Hill Road. between Myers Corners Road and Old Hopewell Road. The parcel is generally rectangular in shape and is surrounded on the west. north & east by neighborhoods of detached single-family homes. Abutting the parcel on the south is a development of attached single-family structures. . , i' i ''', \. II! ''J; j,i:L;' i1\\nrr ml , ",I ",-' :,1,.1) \ ... '! 1,1 U \,1) ~ L;.: al~' :J I'~d.~~\ .y./,' Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 4 TRAFFIC ZONING ADMINISTRATOR Preliminary Plans show a looped road system having two points of access to the surrounding community road network. Road A. traverses the middle of the property. and connects the development to a major Town collector road (Spook Hill Road). Road B connects the development to Fieldstone Boulevard. which services the attached single-family complex. and provides a secondary access from the proposed development to Spook Hill Road. Road C provides an interior looping roadway in the subdivision. Road 0 is shown as a cul-de-sac. terminating 115 feet from Ervin Drive. an interior subdivision road in the adjacent subdivision. The plan also shows a possible connection to Ervin Drive via a 50 ft. R-O-W from the end of the cul-de-sac to the parcel property line at Ervin Drive. Fieldstone Court takes access only from Spook Hill Road. while Ervin Drive takes access from Myers Corners Road and Kent Road (both collector roads within the surrounding road network). Intersections The capacity analysis of the Spook Hill Road intersection with Old Hopewell Road (CR-28). currently operating at level of service "0" (AM peak) & "0" (PM peak) will operate at "E" & "E" respectively. with the inclusion of traffic from the development when the development is completed. The capacity analysis of the Spook Hill Road intersection with Myers Corners Road (CR-93) currently operating at level of service "0" (AM peak) and "F" (PM peak) will operate at "F" & "F" respectively with inclusion of traffic from the development when the development is completed. A major deficiency identified in each analysis is in the "left turn" movement from the minor road (Spook Hill Road) onto the major roads. " 'i ~", ;:': Ii \1 r/r;::~ ~~ : I u; i I U I Lj ! ; \ iii! II~} III I! I ' c"". "" 'I I 'J ~._,__ "\~,_.-:~) ; L! \ i} L-..:J L.~::~ ZONING ADMINISTRATOR Mitigation measures include the reconstruction of the intersections (by adding left turn lanes) at both ends of Spook Hill Road (@ Myers Corners Road & Old Hopewell Road). Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 5 The applicant has committed to design and construct a "left turn lane" at the south end of Spook Hill Road (@ Old Hopewell Road) and a "left turn lane" at the north end of Spook Hill Road (@ Myers Corners Road). The applicant will submit detail design plans. in accordance with County & Town approval requirements with Final Plat documents. Spook Hill Road The Board finds that the realignment of Spook Hill Road, will be required in the future. due to a normal increase of area traffic, brought on by future development. The provisions for the laying out of the proposed realignment and the provisions for the construction (to sub-grade) of the proposed road will mitigate a portion of the construction cost to be borne by the Town. The applicant's has proposed the filling of the road bed to an approximate elevation of 243'; the stabilizing of adjacent slopes; and the deeding of the property to the Town of Wappinger. Preliminary Construction Plans for the relocation are to be prepared by the applicant. prior to final plat approval. Ervin Drive connector The traffic study includes an analysis of the Ervin Drive & Myers Corners Road intersection as would be affected by the inclusion of site generated traffic. The inclusion of such traffic will not alter the level of service from the "no-build" condition. One of the Transportation "Objectives" of the Town of Wappinger Comprehensive Plan is "Develop a system of connector roadways to improve traffic movement wi thin the Town". The plan shows a 50 ft. wide R-O-W from the end of the cul-de-sac to the property line at Ervin Drive. in the event that a connection is deemed necessary. The Board finds that the connection to Ervin Drive may be required in the future. in order to disperse the site traffic in a manner that will lessen the impact upon Spook Hill Road. A review of the DEIS indicates that a connection between the proposed subdivision & Ervin Drive will not have a significant effect on the traffic capacity of its connection with Myers Corners Road. : \ ); u . --- f1 '0\ n Ie \'J]l:'\ I' \, 'I I! U \'1 b> Statement of Findings BROOKVALE SUBDIVISION March 16, 1993 Page 6 !~', \ u ~1 f. .-. iHjtt.;' fir"," 'J DRAINAGE ZONING ADM!NISTRATOR The Board has identified drainage as a large impact that should and can be mitigated. A small portion of the site drains to Lake Oniad to the east, while a larger portion drains towards off-site surface channels to the north. Another portion of the site drains into an unnamed tributary of Wappinger Creek, on the western edge of the site generally following Spook Hill Road. The stream flows in a northerly direction and picks up storm water from other town roads in the vicinity. As part of the DEIS/FEIS submittal, the Board has require a Drainage study to determine the pre-development & post-development flow leaving the site. The project will result in the construction of approximately 22,700 SY of road pavement & 7,600 SY of driveway (and other) pavement. Approximately 50 of the 89 acres will be disturbed in some manner. Rainfall, presently distributed over the 89 acres, will now be channelled (by pavement) into more defined channels of discharge. Town Policy is to require that the flow leaving the site after development be no greater than the flow (leaving the site) prior to development. In order to achieve this goal a series of detention and/or retention ponds are generally required. The submitted plans do indeed show such ponds. A "detention pond" of approximately 53,500 sf. is located along Road C, and is proposed to collect the present sheet flow from along the northerly boundary, (including from Road D) and detain it for the required time. A larger "overflow" pond (approximately 185,000 sf.) is located at the westerly edge of the property, adjacent to the unnamed stream, and is proposed to collect all the positive drainage from Road A and a portion of Road B, and detain it for the required time. Final location and design will be subject to further review during the FINAL PLAT approval process. The Board finds that the overall drainage plan submitted by the applicant should achieve zero increase discharge as required and mitigates concerns that the site generated runoff will not contribute to downstream flooding, due to the construction of the retention/detention facilities. The Board is aware that current conditions - flood elevations during a 25 year event - will still occur downstream. Such conditions, however, will not be worsened by the proposal. The Board finds the plan acceptable for approval of the Preliminary Plat, and will require the applicant to finalize the design and construction standards during the Final Plat Review. Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 7 An adjoining property owner (DeviZQ~I~~~SJ~Je~ as to the size of the culvert under his driveway. given additional flow from the project. ,j~" ".:" '\1\1 {If[~] I, L I,: 1 P, II \ I::, ! \, \ ,I \ ~. -, . '\\ ' \'1 "'111 ,\.. ~r' \ ' ; lit : ': . \ J 1...__ o. , I l' I.. \ :,. I I ,..., II \ j U J _~ ", ~ 0' .. Ml\H '/ Although such a concern is site specific and would be addressed in the engineering review of the FINAL PLAT plans. the Board notes that the existing undersized culvert located under the driveway for Devine will be replaced by the applicant. at his expense. with the consent of the property owner. in accordance with contemporary engineering standards. The Board finds that the replacement of the culvert for the "Devine" parcel will mitigate the concern expressed by Mr. Devine. The reason for submittal of Addendum #2 was to enhance and comment upon the concerns listed by the Town Engineer. which. while accepting the overall drainage concept put forth by the applicant. suggested certain parameters and conditions will be necessary after technical review of the documents & design plans submitted for FINAL PLAT approval. The Engineer's concerns pertained to the limit on construction without connections to sewer & water facilities, drainage impacts of the holding ponds on lots 1. 2. 3. 76. 77. 78 and 79, the requirement for a barrier berm along the northern boundary, tieing into the Central Wappinger Water Improvement water lines, and erosion control & grading plans. The Board notes that a review of Addendum #2 indicates that an earth berm. or other appropriate measure. will be included in the detention basin design to control surface run-off along a portion of the northern property line. and that this mitigation measure will be incorporated into the project grading plan to be submitted for FINAL PLAT approval. The Board finds that the addition of an "earth berm. or other appropriate measure" as set forth in addendum # 2 will be necessary in order to control surface run-off along the northerly property line. RECREATION RESERVATION The Plans as submitted do not show any provision for the reservation of recreation lands. and the DEIS indicates that the applicant is willing to pay recreation money-in-lieu of lands. The original approval granted this application in 1984 left the option of land reservation (vs. money-in-lieu) to be resolved at the FINAL PLAT Approval stage. The Board finds and determines that the question of the reservation of the recreation lands will be resolved prior to the FINAL PLAT approval. J, '. .',>il\\ nry::;rill ; \ I i I '\1' \ ..,,--' '\ \\ .. .~,'C'U \~J i \': tll) Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 8 \~i ') , WATER SUPPLY & SEWAGE TREA'l'HENT .,'tl1liH'r, ADl'lHN\STRI\TOR L~.Jlo."'llttU Comments have been received and reviewed regarding the future availability of both the sewage collection and treatment and the water supply and distribution and their effect upon the planning and construction of the proposed development. The project has been proposed and designed for connection to municipal sewer and water system. The Board's initial "conditional" approval was on that basis and no other. The Town is taking the necessary steps to provide "municipal sewers" to the areas within the "Improvement District" (within which this parcel lies) under a time-table that the applicant is aware of and has accepted. The Town has taken very limited preliminary steps to provide an adequate public water supply to the major portion of the Town. The applicant is aware of the limitations within the current water supply and distribution system. This property will not be developed until municipal sewers are available. At the time capacity becomes available for the sewer hookup. proper engineering plans and reports. that address the additional waste water generated from this project. shall be required by the Board. subject to Health Department approval This property will not be developed until municipal water is available. At the time that water becomes available. proper engineering reports and construction plans. to assure proper pressure in the proposed water main extension for this project. shall be required by the Board. subject to Health Department approval. The Board finds that the proposed layout requires both public water supply (and distribution) and public sewage collection (and treatment). and that such approvals shall be required prior to FINAL PLAT approval. The Board finds that the current timetable for the provisions of such sewage treatment will enable the project to be initiated by December 1995. '.! Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 9 J " ON-SITE BURIAL GROUNDS .L:ro:'\mH~ ADMINISTRATOR ...) . ~ il ~ tI ", . on the project site. The physical in the EIS identify the area as a features and private A burial ground (cemetery) exist historical information described burial ground. The current proposal incorporates the burial area (enclosed by existing stone walls) into a building lot (lot #36) containing 44.800 sq. ft. and entirely outside of the road right-of-way. It is proposed that all grading for the project would stop at the stone walls leaving the burial area untouched. The area is proposed to be owned and maintained by the future lot owner either in its natural wooded condition or as lawn as is allowed by law. The Board finds that the proposed disposition of the on-site private burial ground will not have a significant adverse environmental impact. A review of law has indicated that the proposed disposition will not violate any laws or statutes with respect to Town duty. provided that: a. The "cemetery/burial ground" is a "private cemetery". b. The Town never owned. had an interest in. nor maintained the "cemetery/burial ground". c. The conveyance is between private parties. d. There is agreement that the grounds will never be unearthed so as not to violate its sacred purpose. and e. Restrictive covenants are executed and delivered to the Town as reassurance. The Board shall require. as part of the FINAL PLAT approval. a note on the PLAT pertaining to "none disturbance" of the "burial grounds". and will required Restrictive Covenants be imposed to assure the measures indicated above. Conservation Subdivision ( alternative described by applicant) ALTERNATIVE SUBDIVISION DESIGN The DEIS presents several alternative subdivision designs of similar density to the proposed design. including a conservation design. This cluster design was discussed with the Planning Board. The Board expressed a preference for a detached single-family project which would better compliment the predominant type of development in the site vicinity. which is detached single-family development. ; - ; ,:': \1 r1'....-1 i'\"", '. ,; \\ I ' , I \ i \ I \ '1' i i ,) \ \ ...,.... r\I~: ~ -; . ;, r ~ ,.'-..... , ) Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 10 CONSERVATION SUBDIVISION "'"1"r) " -rn;'l " ':',t ,\ ~~.\ AnM'Nl:::>! !"}'. u;. ~.).'~i;'jtJ II ~4-I:;~.' 1 During the course of this review. the "average density" plan originally "conditionally" approved by the Board in 1984 was deemed to address all major environmental concerns. and could be constructed. under the provisions and conditions of this statement without having significant effects upon the environment. Such a plan would better compliment the detached single-family developments to the west. north and east. The DEIS, at the suggestion of the Board. presented as one alternative. a "conservation (cluster) subdivision" of duplex & detached single-family homes. A review of the "comparative summary" included with the DEIS indicates that such a design. if marketable. would provide less public road, less pavement. less site disturbance. and more open space. and would compliment the project to the south. The Board. however. cannot determine the market-forces in the area. that being the responsibility of the applicant. The Board finds that such a development would be an acceptable alternative to the "average density" plan submitted in the application. and could be approved without any further findings. BE IT FURTHER RESOLVED THAT After such review of the above listed FINDINGS, based upon the Facts & Conclusions presented. The Town of Wappinger Planning Board hereby makes the following ADDITIONAL findings on the BROOKVALE SUBDIVISION: 1. Procedural requirements: Upon adoption by the Town of Wappinger Planning Board of this Statement of Findings. the Town Planning Board. as lead agency has determined that all procedural requirements for consideration of the proposed action under SEQRA have been met. The Planning Board has, during this review. given consideration to the DEIS. the public comments thereon. and to the FEIS (including addendum #1 and addendum #2) and the comments thereon also. .. " l-::l f":::\ "~' , \ \' I I 'I \> \ \\\ \ \ ",,,Ii, '"" J ; 0'-" "., I" ,-' I' , ~.."\~<,,'..; b8 ~"..,._. .-- " \ .J Statement of Findings BROOKVALE SUBDIVISION March 16. 1993 Page 11 -; {,",,; \ nr; A.DN'tiN.\S1tU\10R ACCORDINGLY, the Planning Board ha~'~rtner determined as follows: 2. Substantive Findings: a. Consistent with social. economic and other essential considerations. from among the reasonable alternatives examined through the SEQRA process. the proposed action, THE SUBDIVIDING of the 89.5 acres into 94 single-family home building lots, as shown on plans titled "GRADING PLAN - BROOKVALE prepared by Gray, Railing & Heinsman. Engineering & Surveying PC dated November 10, 1989. last revised (not applicable) minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and b. 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 mitigating measures which were identified as practicable. and c. The proposed action as described in the DEIS, and the proposed mitigating measures, conditions and assurances as set forth in the FEIS will not have a significant effect on the environment if carried out in strict accordance with the resolution of approval. BE IT FURTHER RESOLVED that the Zoning Administrator be and is hereby directed to distribute the this STATEMENT OF FINDINGS to the Commissioner of NYS DEC. Region 3 NYS DEC, and all involved agencies in accordance with the requirements of 6 NYCRR Part 617. and BE IT FURTHER RESOLVED that the Planning Board shall maintain a certified copy of this STATEMENT OF FINDINGS on file and available for public inspection. The question of the adoption of the foregoing resolution was duly put to a vote on roll call. which resulted as follows: Donald Keller William Parsons Phil DiNonno Michael Franzese absent voting voting voting aye aye aye Hugo Musto John Perillo Chris Simonetty voting aye absent voting aye The resolution was thereupon . Zoning Administrator DATED: March 16. 1993 Wappingers Falls New York.