Site Plan
TOWN OF WAPPINGER
PLANNING BOARD
DISTRIBUTION
_X_ SITE PLAN / _ SPECIAL USE PERMIT
SIGNED RESOLUTION & PLAN
PROJECT TITLE:
Cervalis. LLC
DATE PREPARED: .lanuarv 5.2009
DISTRIBUTED FOR YOUR RECORDS
RESOLUTION WITH APPROVED PLANS: 6 COPIES
L TOWN FILE
L TOWN ENGINEER
-X. BUILDING INSPECTOR
l FIRE INSPECTOR
l HIGHW A Y SUPERINTENDENT
-X. APPLICANT
RESOLUTION ONLY:
..x.. TOWN CLERK (ORIGINAL)
l RESOLUTION.FILE
L FIRE PREVENTION BUREAU
..x.. TOWN ATTORNEY
..x.. TOWN BOARD
l TOWN SUPERVISOR
-X. TOWN ASSESSOR
_X_ CENTRAL HUDSON - EasernentlUtility Page
_X_ DUTCHESS 'COUNTY SOIL & WATER
l APPLICANT}S ENGINEER I ARCHITECT
RECREATION
DC DEPT. OF PLANNING
DC DEPT. OF PUBLIC WORKS (COUNTY ROAD)
DEPT. OF TRANSPORTATION (STATE ROAD)
VILLAGE OR TOWN
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RECEIVED
JAN 0 5 2009
TOWN CLERK
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FREDERICK P. CLARK ASSOCIATES, I Nt.llilili ".'! iiiu'. ' ."
Planning/DevelopmentJEnvironmentITransportation
Rye, New York and Fairfield, Connecticut
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'David H. Stolman, A/CP, PP
Michael A. Galante
Joanne P. Meder, AICP
350 Theodore Fremd Avenue
Rye, New York 0580
David J. Portman, FAICP
(914) 967-6540. FAX (914) 967-6615
MEMORANDUM
To:
Victor Fanuele, Chairman, and the Town of Wappinger Planning Board
Date:
September 12,2008
Subject:
Cervalis LLC. - Site Plan Approval for an Emef!!:encv Generator
Tax Lot 6258-03-350303
We have prepared the attached Resolution of Site Development Plan Approval for your
review and consideration.-
We look forward to discussing this resolution with you at the upcoming Planning Board
meeting.
David H. Stolman, AICP, PP
President
Evren Ulker-Kacar
Associate/Planning
Attachment
cc: Graham Foster
Robert J. Gray, PE
George A. Kolb, Jr.
Tatiana Lukianoff
Barbara Roberti
Albert P. Roberts, Esq.
Spectra Engineering, Architecture and Surveying PC (via fax 845-454-9206)
J:\DOCS2\500\Wappingcr\Ccrvalis U.c.79S.pm(sp) covcr.cuk.doc
Connecticut
(203) 255-3100
Hudson Valley
(845) 297-6056
Long Island
(516) 364-4544
email@fpclark.com
wwwJpclark.com
9/15/08
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: CERV ALIS LLC. -
RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL
FOR EMERGENCY GENERATOR
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 Q day Of~~ 2008 at 7:00 P.M.
The meeting was called to order by Chairman Victor Fanuele and upon roll being
called, the following were:
Victor Fanuele
William Kickham
Marsha Leed
Lori McElduff
Eugene Pinto
Robert L. Val dati
June Visconti
(
by ~~ ht,~~o~ was moved by 1M. ~ Ift??lt ' and seconded
PRESENT: Chairman
Boardmembers
;..
WHEREAS, the Town of Wappinger Planning Board has received the application of
Mycor Holdings, LLC (the "Applicant" and the "Owner") for amended site plan approval
for the installation of a fourth generator to serve as a back-up unit fot the three existing
generators; and
WHEREAS, the project will occupy 11 by 36.3 square feet area behind 155 Myers
Corners Road building (the "Project" or "Proposed Action"); and
WHEREAS, the subject property is known as tax lot 6258-03-350303 and is located
at 155-167 Myers Comers Road on an approximately 22-acre lot, within the Planned
Industry (PI) zoning district (the "Subject Property" or "Site"); and
WHEREAS, the applicant has submitted a Short Environmental Assessment Form,
dated August 12, 2008 and the following plan entitled "Site Plan, Cervalis LLC.-
Emergency Generator, 155 Myers Comers Road, Town of Wappinger, Dutchess County,
New York," dated August 7, 2008, and prepared by Spectra Engineering, Architecture,
and Surveying PC; and
CERV ALlS LLC.
RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL FOR EMERGENCY GENERA TOR
WHEREAS, the Planning Board determined that the Project is an Unlisted Action
with respect to SEQR and WEQR; and
WHEREAS, the Planning Board waived the Public Hearing on the Project as it is
considered a minor amendment; and
WHEREAS, the Planning Board is familiar with the Site and all aspects of the
Project and is satisfied that the Project will comply with the Zoning Law including without
limitation the Site Development Plan, Parking and Performance Standards of Articles IX, X
and XI respectively of the Zoning Law as well as other applicable laws and regulations
subject to the conditions below.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Planning Board hereby adopts and incorporates as findings and determinations
the recitations and statements set forth above as if fully set forth and resolved herein.
2. Pursuant to State Environmental Quality Review regulations, the Planning Board
hereby adopts a Negative Declaration on the grounds that the proposed ,action will .
not result in any significant adverse environmental impacts since the installation of
. a generator is a minor site amendment.
3. The Planning Board hereby grants Amended Site Development Plan Approval for
Change of Use to the Project as defined above on the Subject Property in
accordance with the provisions of ArtiCles IX, X and XI of the Zoning Law subject
to the following conditions and modifications:
a. The following shall be shall be fulfilled prior to the issuance of a building
permit in conjunction with this amended site plan:
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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 Town1s Tax
Collector that all taxes due on the Subject Property have been paid in
full.
The Applicant shall submit an application for Site Development Plan
Approval.
The Applicant shall revise the site plan to include noise requirements
as per the Town's Code and appropriate plan notes to ensure
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CERVALIS LLC..
RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL FOR EMERGENCY GENERATOR
compliance with current (and future) noise requirements to the
satisfaction of the Town Planner.
b. The following conditions shall be satisfied pnor to the Issuance of a
Certificate of Occupancy:
. (1) The Applicant shall fulfill all of the conditions of, and shall complete
all improvements in accordance with this Resolution of Site
Development Plan Approval.
(2) Certified "as~built" drawing(s) shall be submitted to the Town Zoning
Administrator.
4. 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 the 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 therefore 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 made
in accordance with the provisions of Chapter 240 Attachment 6:1, Planning and
Zoning Departments Fees and Escrow Funds.
5. In accordance with Article IX of the Zoning Law, unless otherwise extended by the
Planning Board for good cause shown, this Amended 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 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. .
6. The continued validity of any Building Permit or Certificate of Occupancy issued in
accordance with the approved site plan shall be subject to continued conformance
with such approved Amended Site Development Plan.
7. The Planning Board Chairman shall endorse a copy of this resolution certifying its
correctness. The Applicant shall also sign a copy of this resolution after it has
been initially endorsed by the Chairman acknowledging his receipt of a copy of the
resolution. When all of the conditions set forth in the conditions above have been
satisfied, six (6) sets of the above referenced plans, revised as necessary, shall be
submitted for endorsement by the Planning Board Chairman, certifying that the
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CERV ALIS LLC.
RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL FOR EMERGENCY GENERA TOR
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
applicant has complied with the above conditions of approval and that the issuance
of a building permit is authorized for the improvement set forth in this Project.
One (1) set of the endorsed plans will ~e 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 Highway Superintendent and Town Fire
Inspector.
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.
9. Except as specifically modified herein, the Resolution of Site Plan Approval for
the Laerdal Medical COI"Qoration to Thylan Associates, Inc. adopted by the
Planning Board on <3., r-, - <15 shall remain valid and in full force and effect.
The question of adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Victor Fanuele, Chairman
William Kickham
Marsha Leed
Lori McElduff
Eugene Pinto
Robert L. Val dati
June Visconti
Voting:~ '
Voting: .
Voting:_~ d,
Voting~~ .
voting~ '
Voting' ,
Voting: I
The resolution is hereby duly declared adopted.
Dated:
t:::~ /r~
Victor Fanuele, Chainnan
Town of Wappinger Planning Board
7" - I J--- oY
Date
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CERV ALIS LLC.
RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL FOR EMERGENCY GENERA TOR
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C~GACk
/;fjcr
Date
Mycor Holdings, LLC
Applicant and Owner
The following endorsement hereby confirms that the Applicant has fulfilled all of the
conditions of this resolution of the Amended Site Development Plan Approval necessary
for the issuance of a Building Permit.
~/ /a~1AP~
Victor Fanuele, Chairman
Town of Wappinger Planning Board
uiz 7L-- . 5; 2~/)~
Date
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