Resolution
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12-2-93
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: CAMO POLLUTION - SITE PLAN AND SPECIAL USE PERMIT - RESOLUTION
OF APPROVAL
At a regular meeting of the Planning Board of the Town of
Wappinger, Dutchess County, New York, held at Town Hall, 20
Middlebush Road, Wappingers Falls, New York on the 6th day of
December 1993, at 7:30 P.M.
The meeting was called to order by Chairman Donald Keller, and
upon roll being called, the following were:
PRESENT: Chairman
Donald Keller
Vice Chairman
William Parsons
Boardmembers
Hugo Musto
Chris Simonetty
Michael P. Franzese
ABS ENT : JOHN PERILLO
PHIL DINONNO
The following resolution was moved by William Parsons
and seconded by Michael Franzese
WHEREAS, the Town of Wappinger Planning Board received an
application from Michael P. Tremper of Camo Pollution Control, Inc.
for site Plan and Special Use Permit approval involving a change of
use of an existing 3,500 square foot commercial building and an
accessory 720 square foot garage from a dental lab and dental lab
storage use to professional office storage and repair use; and
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WHEREAS, the Applicant submitted a short Environmental
Assessment Form and the following sheet of plans:
1. "site Plan for Camo Pollution Control, Inc." dated October 6,
1993, prepared by Eric W. Gardell, P.E., L.S.; and
WHEREAS, the subject property is known as Tax Lot 6259-04-
539300 i~the Town Tax Assessment Map and consists of approximately
0.81 acres of land located along the east side of New York State
Route 376, approximately 500 feet north of the intersection with
Hackensack Heights Road in the GB-General Business Zoning District;
and
WHEREAS, the property contains a two-story frame house which
is currently, and will continue to be, used for residential rental,
a two-story frame building and a one-story pole barn which is
proposed to be used for professional office, storage and equipment
repair area; and
WHEREAS, no new building construction is proposed and no
changes to the water and sani tary sewer disposal systems are
proposed; and
WHEREAS, the Applicant has identified areas reserved for
addi tional parking if required by the Planning Board and areas
reserved for future sub-surface disposal, if needed; and
WHEREAS, the Planning Board is familiar with the property and
all aspects of the proposed use and site development plan; and
WHEREAS, the Applicant has requested a waiver of the full
improvement of the minimum required number of parking spaces in
accordance with Section 473.6 of the Zoning Law; and
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WHEREAS, the Applicant has identified an area adequate to
provide the minimum number of required parking spaces if required
by the Planning Board; and
WHEREAS, the Planning Board waived the full improvement of the
required number of parking spaces as requested; and
WHEREAS, there will be no retail sale of fuel; and
WHEREAS, the Planning Board is familiar with the site and all
aspects of the proposed action and has been satisfied that the
proposed use will comply with the performance standards of Section
480 of the Zoning Law; and
WHEREAS, in accordance with Article 8 of the Environmental
Conservation Law, Part 617 NYCRR, and Local Law No. 6 of 1992 of
the Town of Wappinger, the Planning Board determined that the
subject action was an Unlisted action; and
WHEREAS, pursuant to SEQRA regulations, the Planning Board
adopted a negative declaration on November 1, 1993 on the grounds
that the proposed action is essentially a change of use which
requires no physical improvements to existing facilities and will
not result in any significant adverse environmental impacts; and
WHEREAS, in accordance with Section 239 of New York State
General Municipal Law, the Planning Board referred the application
to the Dutchess County Planning Department for their review and
comment; and
WHEREAS, a duly advertised public hearing was held on December
6, 1993 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers
Falls, New York at which time all those wishing to be heard were
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given the opportunity to be heard and the public hearing was closed
on that date;
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; and
2. The Planning Board hereby grants approval of the special
use permi t and the si te development plan in accordance with
provisions of Sections 430, 444 and 450 of the Zoning Law subject
to the following conditions and modifications which shall be
fulfilled prior to the signing of the site plan by the Chairman of
the Planning Board, and prior to any Building Permit or permission
for site improvements being issued to the Project:
A. The Owner and the Applicant shall endorse the site plan, shall
endorse a copy of this ReSOlution, and shall submit both to
the Planning Board for its files.
B. The Applicant shall obtain and submit to the Zoning
Administrator written confirmation from the Dutchess County
Department of Health approving the use of the existing sewage
disposal system and water supply system for the proposed use.
C. The Applicant shall amend the site plan to identify the
proposed location of their SOO-gallon above-ground fuel tank
and to provide the appropriate construction details to the
satisfaction of the Town Engineer.
When the conditions above have been satisfied, five (5) sets of the
above referenced plans shall be submitted for the endorsement of
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the Planning Board Chairman. One (1) 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 be provided to the
Town Building Inspector, Town Zoning Administrator, and Town
Engineer. The Applicant must return for approval from the Planning
Board if any changes to the endorsed plans are subsequently
desired.
3. In accordance with the Town t s Schedule of Fees, the
Applicant shall be responsible for the payment of any 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 Applicant 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.
4. In accordance with Section 450.5 of the Zoning Ordinance,
this Site Plan Approval shall expire and become void one (1) year
from the date of the adoption of this Resolution if construction is
not begun on the Property, or three (3) years from the date of the
adoption of this Resolution if substantial construction in
accordance with the proposals encompassed by the approved site plan
is not accomplished, of if the construction is not prosecuted with
reasonable diligence.
5. In accordance with Section 438 of the Zoning Ordinance,
this Special Use Permit Approval shall expire and become void one
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(1) year from the date of the adoption of this resolution if work
is not initiated pursuant hereto, or if said uses shall cease for
more than one (1) year for any reason, or if all required
improvements are not completed within the applicable time periods
specified in condition #4 above, or if all such required
improvements are not maintained and all conditions and standards
are not complied with throughout the duration of the use.
The question of adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Donald Keller, Chairman Voting: AYE
William Parsons, Vice Chairman Voting: AYE
Phil Dinonno Voting: ABSENT
Michael Franzese Voting: AYE
Hugo Musto Voting: AYE
John Perillo Voting: ABSENT
Chris Simonetty Voting: AYE
The resolution is hereby duly declared adopted.
Dated:
December 6, 1993
Wappingers Falls,
500\wap3-071.dkw
Date:
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Michael Tremper
Camo Pollution Control
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