1980-04-07
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CHELSEA
RIDGE
April 7, 1980
ASSOCIATES 1 CHELSEA RIDGE DR., WAPPINGERS FALLS, N. Y. 12590
(914) 831....74.5
Town of Wappingers
Planning Board
Mill Street
Wappingers Falls, N.Y. 12590
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Gentlemen :.
The provisions of the regulation regarding down stream drainage'
statute has properly granted broad power of interpretation to this
board. The powers include the ability to modify and completely
waive the requirement for the payment of down stream drainage fees
when in the opinion of this board such actions are warranted.
Historically, the concept of requiring a down stream drainage fee
were to allow a developer of a parcel of land remote from the ul-
timate point of discharge of a suitable water course to pay a fee
in lieu of having the direct obligation to himself, make and or
acquire the necessary provision to properly and safely provide for
the increased run off resulting from the new more intensive use of
his property. In essence, the Town of Wappinger~collects this
fee and then in place of a single developer or group of aevelopers
undertakes to accomplish the drainage work thus required in lieu of
the individual developer.
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This concept has by previous instances been further refined to as
in the case of Chelsea Cay and others, to allow the developer to
undertake the required work himself rather than the Town. Frequently,
if not always an efficient developer or builder operating in the
private sector can obtain and undertake work at a far greater savings
than a municipal entity can.
Additionally, experience in the case of Cranberry Hills has seen a
balance occur whereby the drainage fee has been modified to reflect
a combination of both a parti~ipation between the proposed developer
to undertake to construct holding ponds and other on site improvements
as well as the town to undertake off site improvements.
We now seek to obtain the consideration and favorable action of this
Board to waive the down stream drainage fee for our proposed Chelsea
Ridge Mall. Our seeking to obtain this requested relief is not based
on our desire to avoid the proper payment of the fee or to attempt
to secure for ourselves special privilege or favor but rather based
on the undisputable fact that thi~ developer and this specific project
have in actuality already provided for the proper down streaw drainage
as well as undertaking and obtaining the responsibility to acquire
and complete the instalation of substantial stream drainage works
and clearing and channelization of the actual do~n stream areas to
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Planning Board
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insure the adequacy of the down stream drainage needs. WhiChd~,.',.sc~~n:~.~
directly into the Hudson River at Chelsea. " W'
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We have over the past 15 years constructed a vast series of damJ;"',' ~
ponds and recharge basins as well as pumps and related works capable ~
of reducing if not totally eliminating the ,possibility' of an adverse ~
impact on the down stream drainage. These improvements ~ have been . 5
totally funded and maintained by this developer alone as well as ~g
undertaking and completing the betterment of area drainage and' .
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placement of fill to the benefit of adjacent property owners at ~
no charge or contributions by t~em has been either solicited or i
paid to this developer. This past year we have at our own cost:and
expense dredged and deepened the lower pond on Chelsea Road (Chelsea
Ridge Section I) at a cost in'excess of $50,000. This work was ,under-
taken to remove and improve the depth and quality of the water in the
ponds and to prevent the growth of algae which would have otherWise
occurred. to/" "
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On previous occasions this board granted this developer the right
to provide for the drainage improvements in lieu of the down stream
fee. The actual cost of the work undertaken ran far in excess of the
sum that the board determined that the fee would be in lieu of.
The granting of this request would merely serve to balance the
account to where the value of the total work done would more closely
equal the amount of the equivalent fee. The aesthetic value of the-
improvements as already completed cannot be solely measured in ter~___.._
of dollars alone. A series of extremely attractive ponds and lakes
provide area residents with an array of year round recreational uses
as well as contributing to the net generation of tax dollars and a
reliable source of water to area firemen. as w~ll as an'effective
means of controlling and preventing the adverse affect of prolong
rains and flash flooding. ,
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The advent of 20% prime interest rate as well as incredible inflation- :
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ary costs have placed the building industry in general and this
project in particular in extremely difficult tlmes. The ability to
complete this project which represents a long and badly needed '
source of local shopping facility for area residents should be en-
couraged and assisted .in becoming a.. reality.
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We therefore respectfully request that this Board grant us the relief
we seek and waive the down stream drainage fee in lieu of the
substantial and beneficial work already completed.
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