2003-245RESOLUTION No. -245
TOWN OF WAPPINGER TOWN BOARD
RE: NORTH CHELSEA SUBSTATION EXPANSION -
RESOLUTION OF SPECIAL PERMIT APPROVAL
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 14th day of
October 2003 at 7:30 PM.
The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called,
the following were:
PRESENT: Supervisor - JOSEPH RUGGIERO
Councilpersons - ROBERT L. VALDATI
JOSEPH PAOLONI
CHRISTOPHER J. COLSEY
ABSENT: VINCENT BETTINA
The following resolution was moved by Councilperson Colsey and
seconded by Councilperson Valdati
WHEREAS, the Town of Wappinger Town Board has received the application of the
Central Hudson Gas & Electric Corporation (the "Applicant" and "Owner") for special permit
approval for an 11,564 square -foot expansion of an existing 39,650 square -foot substation,
including the addition of 2 new transformers, 3 new circuit breakers, 3 steel transmission line dead-
end structures and 1 new power control center, with associated landscaping (the "Project" or
"Proposed Action"); and
WHEREAS, the involved properties are known as Tax Lots 6056-02-760980 and 6057-04-
833013 on the Town of Wappinger Tax Assessment Maps and are located on the east side of NYS
Route 9D in the CC Conservation Commercial zoning district (the "Property" or "Site"); and
WHEREAS, the Applicant has submitted a Short Environmental Assessment Form, a
project narrative dated 7/03 and last revised 8/25/03, and the following sheets of plans generally
entitled "North Chelsea Substation Proposed Expansion," prepared by Morris Associates, P.S.,
LLC, Poughkeepsie, New York:
1. Sheet 1 of 6, "Title Sheet," dated 6/2/03, last revised 8/14/03;
2. Sheet 2 of 6, "Existing Conditions Survey Map," dated 8/14/03;
3. Sheet 3 of 6, "Proposed Expansion Site Plan," dated 6/2/03, last revised 8/14/03;
4. Sheet 4 of 6, "Grading and Erosion Control Plan," dated 6/2/03, last revised 8/14/03;
5. Sheet 5 of 6, "General Details," dated 6/2/03, last revised 8/14/03; and
s
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NORTH CHELSEA SUBSTATION EXPANSION
RESOLUTION OF SPECIAL PERMIT APPROVAL
6. Sheet 6 of 6, "Underground Utilities Details," dated 8/14/03; and
WHEREAS, the Planning Board granted the site Amended Site Development Plan
Approval by resolution dated 9/15/03; and
WHEREAS, the Planning Board referred the application to the Dutchess County
Department of Planning and Development (DCDPD) and the DCDPD determined that the
Proposed Action is a "matter of local concern;" and
WHEREAS, the proposed 8 -foot high security fence will require a variance from the
Zoning Board of Appeals as it exceeds the maximum height of six feet within the required sideyard
setback as set forth in Section 240-21.B(4) of the Town Code; and
WHEREAS, the Planning Board recommended the variance based on the security needs of
the Applicant and the fence's capacity as a visual screen; and
WHEREAS, the Town Board is familiar with the Site and all aspects of the Project and has
been 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;
and
WHEREAS, the Planning Board determined that the Proposed Action is an Unlisted Action
in accordance with the State Environmental Quality Review Law and the Town's Environmental
Quality Review Law (WEQR); and
WHEREAS, a duly advertised public hearing was held on October 14, 2003 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 hearing was closed on that date;
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town 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 Town Board hereby
adopts a Negative Declaration on the grounds that the proposed action will not result in
any significant environmental impacts and any construction and land disturbance
associated with the development of the lot will be controlled and mitigated through
proper drainage and erosion control and properly screened with appropriate landscaping.
3. The Town Board hereby makes the following findings in accordance with Section 240-44 of
the Zoning Law:
a. The location and size of the use, the nature and intensity of the operations involved
in or conducted in connection with it, the size of the Site in relation to it and the
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NORTH CHELSEA SUBSTATION EXPANSION
RESOLUTION OF SPECIAL PERMIT APPROVAL
location of the Site with respect to streets giving access to it, are such that it will be
in harmony with the appropriate and orderly development of the district in which it
is located.
b. The location, nature and height of buildings, walls, fences and the nature and extent
of existing or proposed plantings on the Site are such that the use will not hinder or
discourage the appropriate development and use of adjacent land and buildings.
C. Operations in connection with any special permit use will not be more objectionable
to nearby properties by reason of noise, fumes, vibration, illumination or other
characteristics, than would be the operations of any permitted use not requiring a
special permit.
d. Parking areas will be of adequate size for the particular use, will be properly located
and suitably screened from adjoining residential uses and the entrance and exit
drives shall be laid out so as to achieve maximum safety.
4. The Town Board hereby grants Special Permit Approval to the Project, involving an 11,564
square -foot expansion of an existing 39,650 square -foot substation, including the addition
of 2 new transformers, 3 new circuit breakers, 3 steel transmission line dead-end
structures and 1 new power control center, with associated landscaping, in accordance
with the provisions of Article IX, X, and XI of the Zoning Law subject to the following
conditions and modifications:
a. Prior to any permission for site improvements being issued to the Project the
owner/applicant shall:
(1) Payment of all applicable fees.
(2) Endorse a copy of this Resolution and shall submit same to the Zoning
Administrator for filing; and
(3) Comply with all conditions Site Plan Approval granted by the Planning
Board, in accordance with 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.
5. 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 Town 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 Town Board, this Resolution shall be
rendered null and void. Refunds of any remaining funds within the escrow account for the
applications will not be made until six (6) months after the issuance of the Building
Permit for the Project.
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NORTH CHELSEA SUBSTATION EXPANSION
RESOLUTION OF SPECIAL PERMIT APPROVAL
6. In accordance with Section 240-46 of the Zoning Law, this Special Permit Approval shall
expire and become void one (1) year from the date of the adoption of this Resolution if
work on this Project is not initiated pursuant hereto, or if the proposed uses shall cease for
more than one (1) year for any reason, or if all required improvements are not completed
within the time period specified in the Resolution of Site Development Plan Approval
adopted by the Planning Board, or if all such required improvements are not maintained
and all conditions and standards are not complied with throughout the duration of the
subject use. Further, this Resolution of Special Permit Approval is issued in conjunction
with a Resolution of Site Development Plan Approval; this Resolution of Special Permit
Approval shall expire and become void if Site Development Plan Approval becomes
invalid, unless landowner, after being given ten (10) days written notice and an
opportunity to be heard concerning any defects or non-compliance with the Site Plan
conditions, cures such defects in a timely manner as determined by the Planning Board.
7. The Town Supervisor 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 Supervisor acknowledging his receipt of a copy of the resolution. When all of the
conditions of 4 set forth above have been satisfied the Supervisor shall endorse this
resolution in the space provided below, certifying that the applicant has complied with the
above conditions of approval.
8. The Applicant must return for approval from the Town Board if any changes to this
resolution of approval are subsequently desired.
The question of adoption of the foregoing resolution was duly put to a vote on roll call, which
resulted as follows:
The question of the adoption of the foregoing resolution was duly put to a roll call vote, which
resulted as follows:
JOSEPH RUGGIERO
voting Aye
ROBERT L. VALDATI
voting Ave
VINCENT F. BETTINA
voting Absent
JOSEPH PAOLONI
voting A3�e
CHRISTOPHER J. COLSEY
voting a3za
The resolution is hereby duly declared adopted.
Dated: October 14, 2003
Wappingers Falls, New York p '05�' 0
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GLORIA M
Town Clerk
Town of We