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Section 26.28 Block 1 Lot 8 (Former Midway Hardware Site, Route 202) Pre-Preliminary Application Contact: Jennifer Porter, Associate, Gibbons Description: A proposed 3,911 square foot bank with 2 drive-thru lanes on 1.4003 acres in a C-3 zone. Planning Board, March 10, 2008 The applicant presented a new site plan that incorporated feedback to an earlier plan that had been reviewed by the Planning Department in January, 2006. The new plan moves the building to the eastern side of the site and further away from the brook and redesigned the access to the site which will be from the existing curb cut on Route 202. The possibility of limiting turns to "right turns only" was touched on but no final determinations were made. The preliminary plan has provision for 42 parking spaces although the applicant felt that only 20 might actually be needed. The board suggested that the applicant check with other banks in town to assess their parking needs, especially as there will be no alternate parking available for bank customers on other nearby sites. The bank if planning to construct a "green building" and at a future meeting will submit drawings indicating how the building would look from Route 202. The applicant will return to the board once it has delineated the wetlands on the site, developed a storm water management plan, and met with the NYC DEP and the state DEC and DOT. August 18, 2008, work session This proposal is for a bank on the site of the former Midway Hardware, across from the Staples Plaza on Route 202. The existing building will be demolished and replaced by parking, while the new, smaller building will be located in the existing parking area. This will move the development away from the Hunter Brook buffer area and provide greater protection to the stream. The site will have entrances and exits from both Stony St. and Crompond Rd., but the traffic circulation will be designed to minimize back ups on Crompond Rd. Mr. Cermele described an extensive stormwater retention and treatment system, designed to minimize impacts on Hunter Brook. Also included are plantings of native plants along the stream and trees and bushes further upland to help cool the water which is conducive to trout spawning. The stream bed will be cleaned of debris, and a conservation easement will be placed along its course. The plan includes more parking spaces than required by town code, at the applicant's request. The Planning Board asked about pedestrian access and bus stops, important because of the age-oriented subdivision with retail shops proposed nearby on Stony St. and the shopping center across the street. A traffic study and flood plain delineation are also required. Ms. Porter asked about the SEQR process, and the Planning Board decided to deal with that issue at a public meeting. A Public Information Hearing was set for September 8th.
September 22, 2008 A public informational hearing was held to provide details about the proposed new 4,000 square foot building. The building, which will include a drive up window, will be located on the south side of the site, away from the stream. There will be two access points; one from Route 202 (the same as exists now) and a second from Stony St that will bar left turns into or out of the site. The plan calls for 33 parking spaces which will result in a 400 square foot reduction in impervious surface over the previous use. There will be approximately 600 plantings along Route 202, along side the building, and in the wetlands buffer and stream corridor. The plan also calls for fixing some erosion on the banks of Hunterbrook and adding boulders to the stream which should help dissipate some of the water low and help habitat. Area resident Ann Cutter expressed concern about traffic in the area as well as flooding and asked why Chase could not use the space vacated by Emigrant bank in the shopping center across the street. Chairman Klaus said that there would be an extensive storm water review of the plans given the flooding in the area. The site plan, and the planning board's intent to declare itself lead agency for the SEQR review will be sent to other town boards for review and comment. While the applicant asked if a date for a public hearing could be set, Mr. Klaus indicated that that was premature given the extent of the reviews that will be required. The hearing was closed. September 23, 2008, Town Board work session The board reviewed a proposed resolution to hire Jacobs, Edwards & Kelcey to do a traffic study for the proposed JP Morgan Chase Bank on Route 202 at a cost of $3800. The study will be paid for by the applicant. The board will vote on the resolution at its next regular meeting. October 20, 2008, work session (Note: Mr. Flynn noted for the record that he worked for a competing bank.) Mr. Riina advised the board that the applicant had completed the stormwater mitigation and landscaping plans and was hoping that the public hearing could be scheduled in November. There was some discussion of the need for a sidewalk along Route 202. The applicant noted that while a sidewalk just on the Chase property made no sense, if the adjoining site was developed into a shopping center as earlier proposed, than the sidewalk would be warranted. The applicant suggested that instead of building the “sidewalk to no where” as part of the construction project, money be placed into a special fund that could be used if and when the adjoining property was developed and the sidewalk made sense. The board will consider this suggestion. The plan also will be modified to show the relocation of the bus stop, approximately 40 feet west of the site, to a location roughly opposite the front of the building. Mr. Klau suggested that the applicant may want to give some thought to the design of the bus stoop shelter so that it blended in with the bank building. The applicant advised the board that the DEP has waived its right to review the site plan as there will be no increase in the amount of impervious surface and in recognition that the applicant is going above and beyond what is necessary from an environmental perspective to transform the site. The DEC is currently reviewing the applicant's stormwater management plan. In other areas, it was noted that the applicant had submitted its traffic study which was in the process of being reviewed by the traffic consultant hired by the town. In response to the Conservation Board's concern about the use of pesticides on the lawn areas, it was pointed out that because there will be so many new shrubs planted on the site, the amount of lawn area will be minimal. The applicant also modify the outdoor lighting fixtures to conform to ABACA requirements and will design a garbage enclosure that will match the exterior of the bank building. It's likely that the site plan will be set for a public hearing on November 10th. November 24, 2008, work session The anticipated public hearing on November 10th was canceled at the last minute because not all the reports from outside groups had been received. Assuming that they will be in within the next two weeks, the board will reschedule the public hearing for December 8th and, if necessary, adjourn the hearing if additional responses are needed. Mr. Flynn asked if the building could be flipped in order to better orient it to the pending Crompond Corners application that twhe board had just reviewed (See separate summary for Crompond Corners). As currently planned, the bank's drive up window and access would be across the street from the adjoining development. While the Chase representative said that the bank was receptive to the board's concerns to coordinate the two projects, given the time and money already spent on the plan, he did not think that the bank would want to redesign the entire site. However, he did express a willingness to consider doing a mirror flip of the building so that the drive in portion would face Route 202. While that would be less attractive, Mr. Flynn noted that at this point there wasn't much that could be done to improve the aesthetics of Route 202. Mr. Tegeder also suggested that the Chase people meet with the Crompond Corners consultants to see what could be done to coordinate several aspects of the adjoining sites, including the sidewalks, pedestrian access between the two sites, landscaping and traffic. He also suggested some possible softening elements in the building's architecture in order to make it look less like a suburban bank and more in line with the urban streetscape concept of the proposed Crompond Corners development. Mr. Tegeder advised the board that the environmental reports relating to the site would be completed by next week and that the site's wetlands would be delineated before the December 8th public hearing.
December 8, 2008 Public Hearing This application is for a 3911 sq. ft. bank building on the site of the former Midway Hardware store. Hunter Brook flows through the northwest corner of the site. The old building will be removed, and the new building is proposed for the eastern end of the property which is currently parking lot. There will be 42 parking spaces. A long form Environmental Assessment Form has been submitted, and the Planning Board declared itself the lead agency under SEQR. Representatives of the applicant have met with representatives of Crompond Corners, the project proposed for the property across Stony St to coordinate pedestrian traffic between the two sites. The Planning Board is particularly interested in facilitating pedestrian traffic between this site, the one to the north and the existing BJs shopping complex. Wetlands and Storm Water: Environmental consultant, Anthony Russo, completed the EAF, filed for wetlands permits and designed the storm water management plan. Wetlands along the stream have been delineated. The project will need a wetlands and erosion control permits. The proposed building will be 120 ft away from Hunter Brook whereas the existing building is as close as 12 ft. The proposed storm water treatment basin will be roughly where the existing building is located. Storm water will be treated by settling, sand filtering and organic treatment in a gravel bed. Both the gravel bed and planting around the detention basin will allow water to cool before discharge into Hunter Brook. Cooler water is desirable since Hunter Brook is a trout stream. A permanent sediment trap will intercept runoff from Stony St before it goes into Hunter Brook. Currently there is no treatment or control of runoff into Hunter Brook from this site. The goal of the wetland mitigation plan is to replicate the stream habitat found at Hunter Brook preserve located downstream on Beekman Rd. The wetland and upland plant species found there will be used on this site to establish a plant structure along the stream conducive to increasing biodiversity. Boulders will be located in the stream channel as a habitat enhancement, and a stone jetty will be constructed on the stream's western bank to stabilize the bank. Otherwise there will be no stream bank disturbances. Landscaping and Sidewalk Location: There will be a sidewalk along the spur of Stony St which connects the adjacent property to the north, the interior of this site and the BJs complex to the south. Frank Guiliano, landscape architect, described two alternative landscaping plans: a woodland-like setting with the sidewalk meandering through the trees versus a streetscape plan with the sidewalk bordered by street trees in a relatively straight line along the Stony St spur. Plantings will screen the parking lot from route 202 and from the BJs complex. There is a bus stop at this site, so there will be a crosswalk from the bus stop to the BJs complex across route 202. A member of the public suggested there be a walk light at the crosswalk. The Planning Board agreed. Mr. Flynn questioned the location of the sidewalk with respect to the Stony St. spur and suggested moving it away from the street would be more pedestrian friendly. Mr. Guiliano said the sidewalk location met all DOT guidelines, but could be moved at the Planning Board's direction. The Planning Board indicated it favored the woodland landscaping scenario with the sidewalk moved further away from the street. Building Design: Architect, Kevin Garvin, reported that ABACA was satisfied with the building's design and appearance, except for minor changes in the style of roof shingles. Mr. Flynn questioned the feasibility of re-orienting the building so the “prettier” side would face the proposed new commercial/residential development across Stony St to the north. Mr. Gavin answered that the client wanted the “prettier” side to be facing the parking lot where customers will enter. Mr. Klaus asked how much visibility/interface there will really be with the other development. Mr. Riina, project engineer, pointed out that the two developments are not actually opposite each other since the entrance to the proposed Crompond Corners project is further to the east, across from the Adrian property, and the wetlands on the two sites overlap across Stony St. Mr. Riina will provide a drawing showing this. Mr. Guiliano pointed out that the north side of the building is more accurately described as the “passive” side, not the “back” because it is a brick façade, rather than windows. Mr. Flynn maintained that the drive through center of the bank, visible from the north, will hardly be “passive”. Mr. Guiliano pointed out that the cars going through the drive thru window have a low profile and are not the whole height of the building, and they can be screened from view by a low hedge. The Planning Board did not request a reorientation of the building. Traffic: Traffic engineer, Philip Greely, described site access from both Stony St. and route 202. The route 202 access will be right turn in and right turn out only. Curbing will be designed to enforce right turns. In order to go east on route 202 out of the site, cars will have to use the north exit onto Stony St. and turn left at the signal at the intersection of route 202 and the Stony St spur. The traffic study also looked at the Stony St./Bear Mountain Extension intersection where there are many accidents, but this was deferred as a separate issue from the project under consideration. The public hearing was adjourned. January 12, 2009 This was a continuation of an adjourned public hearing. In response to various reports and requests for more information that had been submitted since the last hearing, the applicant's technical team reported on the following changes and adjustments in the plan. 1. Bruce Barber's comments relating to environmental issues have been addressed. 2. The landscape plan for the front of the site will include a park-like setting with benches. 3. Traffic consultant Phil Greely said that changes would be made to some curbs and shoulders to restrict undesirable turns onto the site. Also, a pedestrian crossing across Route 202 to BJs was delineated on the plan. The DOT will be contacted to make adjustments to the traffic light to allow for an actuated pedestrian light. Adjustments have been made to the Stony Street/Old Crompond Rd intersection and the plan includes the possibility of a future pedestrian crossing if the adjoining site is developed. 4. There will be a slight change in the materials and colors used for some of the building's exterior trim in order to “soften” the building's appearance. 5. The DEC will be on site when boulders are placed in the stream as part of the renovation/restoration work. The new plantings will increase the biodiversity of the site. 6. The flood study for the site is underway and should be completed in 4-6 weeks. A few remaining items need to be worked out but none appeared major. The hearing was closed but written comments will be accepted for two weeks. There were no public comments.
January 26, 2009, work session The applicant is looking for direction from the Planning Board about the sidewalks on the site. Chase would prefer to construct the sidewalks necessary for their project, but take out a bond for the portions of sidewalk that connect to the proposed Crompond Corners project across Stony St., just in case that project never materializes. Chase doesn't want to build “a sidewalk to nowhere”. The sidewalks on the Chase property can be of two different designs: 1.) a straight sidewalk in a streetscape design, or 2.) a sidewalk which meanders among trees and plantings. Previously, the Planning Board said it preferred the meandering sidewalk, but Mr. Tegeder recommended a straight sidewalk with a wider buffer from the street. His reasoning was that the sidewalk might meander out of the Town right-of-way, then there would be questions about who was responsible for maintaining it (i.e. repairs, not snow removal). Mr. Flynn suggested that Chase give the Town a public access easement so that Chase would be responsible for maintenance, but the Town had access to do repairs if Chase defaulted. The Planning Board decided it preferred a meandering sidewalk with the suggested easement and that it has no problem with Chase bonding part of the sidewalk leading to the proposed Crompond Corners. It directed Mr. Riina to show the intersection improvements with respect to the proposed sidewalk.
February 23, 2009, work session Mr. Riina explained that he was in the process of completing a flood plain study of the site based on FEMA maps as well as existing town environmental resources maps. Based on the outcome of the study, it may be necessary, to raise the elevation of the building and parking lot two feet in order to comply with the town code. However, based on his review to date, he said he was “hopefully confident” that that would not be necessary. If the change is needed, then the board may have to reopen the review other aspects of the plan that would be affected by the new elevation. Mr. Riina hopes to have the new calculations by the board's March 9th meeting. In the event that fill has to be brought to the site, Mr. Flynn raised the issue of the possible need for the board to regulate the times that the trucks could deliver to the site. In response to a concern raised in a memo from Bruce Barber, the town's environmental consultant, regarding the impact of flooding on the site's landscaping, Mr. Riina reminded the board that the applicant would have to demonstrate an 85% survival rate after five years for the plantings. As discussed at previous meetings, the board favored a meandering sidewalk along a portion of the site as being more “charming.” Mr. Riina pointed out, however, that by doing so, the sidewalk meandered in and out of the applicant's site and the adjacent town right of way and that this could cause a future problem with sidewalk and lighting maintenance issues, e.g., what happens if parts of the sidewalk need repair: who would be responsible for doing the work and/or paying for it. Some elements of the plan may be slightly revised to deal with this concern. As an aside, Mr. Riina noted that the town's environmental maps had last been updated in 1990 and that they do not reflect developments that had taken place since then. March 9, 2009 The board approved a “negative declaration” for SEQRA compliance and approved the site plan subject to some conditions. Mr. Rina advised the board that based on the 100 year flood study, the existing drainage facilities in the area, including the culverts near McDonalds, under Route 202, and near Stony Street, could handle the run off and that it would not be necessary to raise the elevation of either the building or the parking area. He will be submitting a full report of his findings to the town engineer. He also advised the board that the bank is waiting for final DEP approval for the stormwater plan and, following up on last month's concerns about the maintenance of the lighting fixtures, he had moved some of the fixtures on to the Chase property. The approving resolution also stipulates that the owner of the site (Chase is only a leasee) will be responsible for the removal of an underground tank on the property (it is not known what, if anything, is or was stored in the tank) and that the owner will be responsible for undertaking any remediation measures that might be required. Chase confirmed that it intends to use “green” materials in the building's construction but that it will not seek LEED ( Leadership in Energy and Environmental Design) certification for the project because of the high cost of certification.
April 27, 2009 work session An old, fragile, high pressure water main was found on the site. The Water Department is very concerned about the impact of excavation on or near it, so the applicant asked the Planning Board for permission to move the proposed bank building 3 ft toward Route 202 to avoid the water main. The Planning Board agreed to this request. There are actually three existing water mains on the site, but they were originally installed without the appropriate easements. The Planning Board was notified that the applicant was providing easements for the three water mains. June 8, 2009 Wetland/Excavation Permit: The Planning Board passed a resolution approving both a wetland permit and excavation permit. In response to a question from a neighbor to the site, Mr. Riina said that excavation is scheduled to start in mid July 2009, aiming toward a late 2009 completion. Mr. Klaus made it clear that this resident was being allowed to ask a question as a courtesy and that the public hearing was definitely not being reopened. |