Resolution
~~@~~\Yl~[o)
.OCT 2 i) I~~?
DRAFT: 10-28-93
ZONING ADMINISTRATO~OWN OF WAP~i~~i~T~~NING BOARD
RE: CHAPPAQUA TRANSPORTATION BUS FACILITY - SITE PLAN AMENDMENT -
RESOLUTION OF APPROVAL
At a regular meeting of the Planning Board of the Town of
Wappinger, Dutchess County, New Yor}c, held at Town Hall, 20
Middlebush Road, wappingers Falls, New York on the 1st day of
November 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
DonaJ"d Keller
Vice Chairman
william Parsons
Boardmembers
Phil Dinonno
Michael P. Franzese
Hugo Musto
John Perillo
Chris Simonetty
ABSENT:
The following resolution was -moved by WILLIAM PARSONS
and seconded by MICHAEL FRANZESE
WHEREAS, the Town of Wappinger Planning Board received an
application from John Carey, Architect for site development plan
and special use permit approval to occupy 6,000 square feet of
existing commercial space and to construct additional parking areas
for use as a motor vehicle repair and service facility; and
WHEREAS, the improvements to the site include the expansion
and the repaving of the existing parking areas and driveway, the
construction of a refuse container and concrete pad, the addition
.-
of a new fence and new gate as well as the addition of new service
bay doors to the existing building; and
WHEREAS, the Applicant submitted a Short Environmental
Assessment Form and the following plan:
1. "site Plan and Details - Motor ,Vehicle Repair and Service
Facility - Chappagua' Transportation" dated 9/i8/93, last
revised 10/14/93, prepared by John Carey, Architect; and
WHEREAS, the subject property is 2.433 acres in area and is
known as Tax Lot 19-6156-02-782-636 on the Town Tax Assessment Map
and located along the west side of Old.Route 9 approximately 500
feet north of the Wappinger/Fishkill Town line in the Town of
Wappinger, Dutchess County, New York and is zoned HB- Highway
Business; and
WHEREAS, five charter buses are currently in operation and
said use may be expanded to 10 charter buses which would be stored
and serviced on and dispatched from the site; 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 October 4, 1993 on the grounds
that the proposed action would not result in any significant
adverse environmental impacts as there would be only minor
increases in impervious surfaces resulting from the construction of
2
16 aaditional parking spaces and only insignificant amounts of
traffic associated with the proposed use of the site; and
WHEREAS, all repair and servicing of the vehicles will be
conducted inside the existing building and the storage, dispensing
and disposal of petroleum products will be in conformance with all
applicable laws and regulations and ~nder the direction of those
authorities having jurisdiction; 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 perfor,mance standards of Section
480 of the Zoning Law; 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 no written comments were received within the 30 day
response period; and
WHEREAS, a duly advertised public hearing was held on October I
21, 1993 at the Wappinger Town Hali, 20 Middlebush Road, Wappingers
Falls, New York at which time all those wishing to be heard were
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
3
'2. The Planning Board hereby grants approval of the site
development plan subject to the following conditions and
modifications which shall be fulfilled prior to the signing of the
site plan by the Chai~an 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 site plan shall be revised to identify the topographic
,
contours of the property at two fo~t contour intervals. The
grading associated with the proposed improvements shall also
be identified on the plans and supplemented with appropriate
erosion and sedimentation control devices, subj ect to the
satisfaction of the Town Engineer.
C. The Applicant shall demonstrate to the satisfaction of the
Town Engineer the proper handling of the stormwater runoff
from the site.
D. The Applicant shall obtain Dutchess County Health Department
approval of the sewer and water facilities for the change of
use. Verification of such approvals shall be submitted to the
Zoning Administrator and made part of the record of
application.
E. The site plan shall be amended to include construction details
for the proposed improvements including the refuse enclosure
and fencing, the paving, curbing and the new gate. Details of
4
any proposed signage shall be shown on the site plan in
acco~dance with the requirements of Section 416 of the Zoning
Law.
F. The Applicant shall amend the site plan to identify the
location of the on-site fuel storage and dispensing facilities
including construction details ..and the appropriate safety
devices.
Copies of all necessary approvals for the
installation and operation of such fuel tanks shall be
submitted to the Zoning Administrator and made part of the
record of application.
G. The following note shall be placed ,on the site Plan Drawings:
\
"All existing and proposed vegetation shown on this plan
shall be maintained in a healthy and vigorous growing
condition throughout the duration of the proposed use of
the site.
All vegetation not so maintained shall be
replaced with new comparable vegetation at the beginning
of the next growing season."
When the conditions above have been satisfied, five (5) sets of the
~
above referenced plans shall be submitted for the endorsement of
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.
5
3. In accordance with the Town I 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.
I
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.
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
Voting: AYE
William Parsons, Vice Chairman
Phil Dinonno
Voting: AYE
Michael Franzese
Voting: AYE
6
Hugo Musto
John Perillo
Chris Simonetty
Voting: AYE
Voting: ABSENT
Voting: AYE
The resolution is hereby duly declared adopted.
Dated:
November 1, 1993
Wappingers Falls; New York
SOO\wap3-040.dkw
Date: 2/]6, 1994
~
Vincent Cipriani
Vice-President., .
Cnappaqua Transportat1on
-.
7