2010-2312010-231
Resolution of Special Use 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 June 28,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni (arrived at 6:52 PM/departed 8:52 PM)
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town of Wappinger Town Board has received an application from the
Dutchess County Pistol Association (the "Owner" and "Applicant") for Special Use Permit
Approval to construct a 162 foot by 62 foot building, a portion of which will be an open pavilion,
over the existing pistol range, which also involves the removal of a portion (62 feet by 12 feet) of
the existing range house to accommodate the construction of the new structure (the "Project" or
"Proposed Action); and
WHEREAS, the subject property is located at 47 St. Nicholas Road, is approximately
14.26 -acres in size, is located within the R-40 One -Family Residence District, and is identified as
tax lot 62589-01-290900 on the Town of Wappinger tax maps (the "Subject Property" or "Site");
and
WHEREAS, the Applicant has submitted a plan entitled Site Plan for Dutchess County
Pistol Association, Town of Wappinger, Dutchess County, New York, dated August 19, 2009, and
prepared by Barger and Miller, Engineering and Land Surveying, PC; and
WHEREAS, the application also includes a letter from Stephen Burns, of Barger and Miller
Engineering and Land Surveying, dated March 8, 2010; an Application for Site Plan Approval dated
November 25, 2009; an Application for Special Use Permit dated February 2, 2010; a Short
Environmental Assessment Form, not dated; and an owners consent form dated November 2, 2009;
and
WHEREAS, under the Zoning Law, the existing use of the property is considered a
"private, community or fraternal recreation club" and is permitted in the single-family zoning
districts with a Special Use Permit from the Town Board subject to Section 240-62 of the Zoning
Law; and
WHEREAS, the proposed Project also requires Amended Site Plan Approval from the
Planning Board and the Applicant has submitted an application therefore; and
WHEREAS, the Applicant is proposing to dedicate its ownership of St. Nicholas Road
to the Town, and the proposed building would be located 31.2 feet from what would be the new
front lot line of the Subject Property; and
WHEREAS, 31.2 feet does not meet the required front yard setback and the Applicant
applied to the Zoning Board of Appeals for a variance with respect to this setback and received
said variance on May 11, 2010; and
WHEREAS, the proposed range structure would provide benefits to the Dutchess
County Pistol Association as well as to the surrounding areas in that the proposed structure
would reduce noise, improve safety and provide a more usable range during inclement weather
and during the winter; and
WHEREAS, in accordance with Sections 239-1 and m of the New York State General
Municipal Law, this application was referred to the Dutchess County Department of Planning
and Development (DCDPD); and
WHEREAS, the DCDPD responded to the above mentioned referral in its form letter
dated February 9, 2010, concluding that the DCDPD has "No Jurisdiction;" and
WHEREAS, the Town Board has determined that the Project is an Unlisted Action with
respect to SEQR and WEQR; and
WHEREAS, a duly advertised public hearing on the Special Use Permit application was
held on June 14, 2010, in the Wappinger Town Hall, at which time all those wishing to be heard
were given the opportunity to be heard; and
WHEREAS, the Town 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
provisions of Article VII, Special Permit Uses, of the Zoning Law as other applicable laws and
regulations subject to the conditions below.
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 adverse environmental impacts since:
a. Any construction and land disturbance associated with the development
will be controlled and mitigated through proper drainage and erosion
control; and
b. The proposed range structure will reduce noise and improve safety.
3. The Town Board hereby grants Special Use Permit Approval to the existing use
of the Subject Property and to the construction of a 162 foot by 62 foot building, a
portion of which will be an open pavilion, over the existing pistol range, which
also involves the removal of a portion (62 feet by 12 feet) of the existing range
house to accommodate the construction of the new structure, in accordance with
the provisions of Article VII of the Zoning Law, subject to the following
conditions and modifications:
a. The following shall be fulfilled prior to the issuance of a Building Permit in
conjunction with this approval or any permission for site improvements
being issued to the Project:
i. The Property Owner and Applicant shall endorse and submit a copy
of this Resolution to the Zoning Administrator for filing.
ii. The Applicant shall submit a statement signed by the Town's Tax
Collector that all taxes due on the Subject Property have been paid in
full.
iii. All required signatures and seals (owner, engineer, surveyor) shall
be shown on the site plan.
iv. The Applicant shall obtain Amended Site Plan Approval from the
Planning Board.
V. The plan specified above shall be revised to the satisfaction of the
Town Zoning Administrator by means of specifying on the plan
that the hours and days of operation are from 9:00 A.M. until 9:00
P.M. seven days a week.
vi. The Applicant shall execute its voluntary offer of dedication of its
ownership of St. Nicholas Road to the Town in a form and manner
which meets the satisfaction of the Town Attorney.
b. The following conditions shall be satisfied prior to the issuance of a
Certificate of Occupancy for the Project:
i. The Applicant shall fulfill all of the conditions of, and shall complete
all improvements required, in accordance with this Resolution of
Special Use Permit Approval.
ii. The Fire Prevention Bureau and the Fire Inspector shall inspect the
premises, and evidence of their satisfaction shall be submitted to the
Town Zoning Administrator.
iii. 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 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 only be
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 VII of the Zoning Law, unless otherwise extended by the
Town Board for good cause shown, this Special Use Permit Approval shall expire
and become void if the approved use of the Site shall cease for more than one (1)
year for any reason, if Site Development Plan Approval expires, or if all required
improvements are not maintained and all conditions and standards complied with
throughout the duration of the approved use.
6. The continued validity of any Building Permit or Certificate of Occupancy issued in
accordance with the Project shall be subject to continued conformance with the
approved Special Use Permit.
7. The Town Clerk shall endorse a copy of this resolution certifying its correctness.
The Owners and Applicant shall also sign a copy of this resolution after it has
been initially endorsed by the Town Clerk acknowledging receipt of a copy of the
resolution. When all of the conditions set forth in Section 3.a above have been
satisfied, seven (7) sets of the above referenced plans, revised as necessary, shall
be submitted for endorsement by the Town Clerk, certifying that the plans comply
with said terms of this resolution
8. One (1) set of the endorsed plans will be returned to the Applicant, one (1) set
will be retained by the Town Clerk, and one (1) set each will provided to the
Planning Board, Town Building Inspector, Town Engineer, Town Highway
Superintendent and Town Fire Inspector.
9. The Applicant must return for approval from the Town Board if any changes to
the endorsed plans and/or this resolution of approval are subsequently desired.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/28/2010
The Resolution is hereby duly declared adopted.
Tc--�t�
HN C. MASTERSON, TOWN CLERK
a
FREDERICK P. CLARK ASSOCIATES, INC. David H. Stolman, ACCP, PP
Planning/Development/Environ ment/Transportation Michael A. Galante
Rye, New York and Fairfield, Connecticut
Joanne P. Meder, AicP
350 Theodore Fremd Avenue
Rye, New York 10580 David J. Portman, FAicP
(914) 967-6540 • FAX (914) 967-6615
MEMORANDUM
To: Supervisor Christopher J. Colsey and the Wappinger Town Board
Date: June 23, 2010
Subject: Dutchess County Pistol Association
Tax Lot 62589-01-290900
We have prepared the attached Resolution of Special Use Permit Approval for your
review and consideration.
We look forward to discussing this resolution with you.
David H. Stolman, AICP, PP
President
Attachment
cc: Graham Foster
Robert J. Gray, PE
Chris Masterson
Barbara Roberti
Albert P. Roberts, Esq.
Stephen Burns, for Applicant (fax: 845-463-6922)
J:\DOCS2\500\Wappinger\DC Pistol Assoc 822 sup pm cov.dhs.doc
Connecticut Hudson Valley Long Island email(a)fpclark.com
(203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpciark.com