Old Country Buffet Site PlanAT 2 9 IYP DRAFT: 10-28-93
ZONING ADMINISTRATOR RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: OLD COUNTRY BUFFET RESTAURANT -- SITE PLAN AMENDMENT -
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 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 -
Vice Chairman -
Boardmembers --
ABSENT:
Donald Keller
William Parsons
Phil Dinonno
Michael P. Franzese
Hugo Musto
John Perillo
Chris Simonetty
The following resolution was moved by WILLIAM PARSONS
and seconded by PHILIP DINONNO
WHEREAS, the Town of Wappinger Planning Board received an
application from Bruce Bissonnette of Buffets, Inc. for site
development plan approval to occupy 9,200 square feet of existing
retail space and to construct a 480 square foot addition for
commercial use; and
WHEREAS, the Applicant submitted a short Environmental
Assessment Form.. -and the following two sheets of plans:
1. "Amended Site Plan for Old Country Buffet at Wappingers Plaza"
dated July 19, 1993, prepared by Gray, Railing & Heinsman;
2. "Old Country Buffet" proposed building and facade
improvements, dated May 26, 1993, prepared by Michael John
Wilkus, R.A.; and
WHEREAS, the subject property is known as Tax Lot 6157-02-
653974 on the Town Tax Assessment Map and located in the northeast
corner of the intersection of Myers Corners Road and NYS Route 9 in
the Town of Wappinger, Dutchess County, New York and is zoned SC -
Shopping Center; and
WHEREAS, the Town of Wappinger Planning Board granted site
plan approval for the existing development in 1978 and was
subsequently revised in 1981 and 1982; 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 no increase in
impervious surfaces and only moderate increases in water
consumption and sewerage generation, which increases were
determined to not adversely affect the capacity of the respective
systems; and
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WHEREAS, it was determined that the existing development is
existing nonconforming with regard to the number and size of
parking spaces, that such nonconformity apparently was not an issue
during subsequent approvals to the amended site plan; and
WHEREAS, the Planning Board is familiar with the site and its
operation and has not observed any inadequacies with regard to the
actual amount of available parking at the shopping center; 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
21:, 1993 at the Wappinger Town Hall, 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 1T 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 site
development plan 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
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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 restrict employee parking to the rear of
the building. Such restriction shall be stipulated in any
lease between the Applicant and the owner/managers of the
property.
C. The Applicant shall revise the site development plan to
identify the zoning bulk requieements and to determine
conformance or nonconformance with same.
D. The Applicant shall obtain a variance for the nonconforming
aspects of the amended site pian from the Wappinger Zoning
Board of Appeals within six (6) months from the date of this
resolution.
E:
The Applicant shall obtain approval of an amended water supply
contract from the Village of Wappingers
Falls Water
Commissioners
and NYSDEC approval of a revised
water supply
application.
F.
The Applicant
shall obtain approval of an
amended sewer
contract with
the Village of Wappingers Falls,
New York.
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
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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'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.
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The question of adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Donald Keller, Chairman
William Parsons, Vice Chairman
Phil Dinonno
Michael Franzese-
Hugo Musto
John Perillo
Chris Simonetty
Voting:
Voting:_ AyE
Voting: AT
Voting: AYE
Voting: AXE
Voting:A NT
Voting: AYF.
The resolution is hereby duly declared adopted.
Dated: November 1, 1993
Wappingers Falls, New York
Donald Kelle , Chairman
Planning Board
Town of Wappinger
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