RESOLUTION TO GRANT SITE PLAN APPROVAL – Lofty Supply

WHEREAS

• the applicant, Kristina Dousharm Architecture, PLLC, has submitted an application for site plan approval to convert a former retail equipment shop with onsite repairs into a retail cannabis dispensary with accessory manufacturing and processing on property located at 7536 North Broadway, Red Hook, tax parcel number 134801-62720-06-470753 (Parcel 1) and 134801-6270-10-489743 (Parcel 2) (the "Property"), in the General Business Zoning District (the "Project")
• pursuant to Section 200-10 of the Zoning Law, miscellaneous retail stores are permitted uses in the GB District subject to site plan approval, provided that any such manufacturing and processing shall be incidental to the retail business and not more than five persons shall be employed in such manufacturing or processing
• by memorandum dated April 11, 2024, the Village Zoning Enforcement Officer determined that the Project was a permitted use so long as the items processed are sold onsite
• the Applicant has indicated that the onsite manufacturing will not result in odors
• the Project is depicted on a site plan set entitled "Lofty Supply" prepared by Kristina Dousharm Architecture, PLLC, dated January 26, 2024 last revised February 28, 2024 Sheets A1.0, A2.0-A2.3, A3.0 (collectively, the "Site Plan Set")
• the buildings identified as "future events" and "future removal" are not being reviewed by the Planning Board as part of this Project and any required approvals for such use and removal must be sought from the appropriate Village agency at the time such uses are proposed
• by letter dated March 19, 2024, the Village Engineer indicated that the septic satisfied capacity requirements for the Project
• by letter dated May 15, 2024, the Village Engineer indicated that the proposed traffic increase would be significant locally and recommended that impacts could be mitigated by prohibiting left had turns onto Graves Street
• the nonconforming use of the driveway on Parcel 2 (tax lot -489743) for use by commercial traffic has not lapsed
• pursuant to 6 NYCRR § 617.5(c)(18), the reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance is a Type II action under the State Environmental Quality Review Act ("SEQRA")
• on February 8, 2024, the Planning Board classified the Project as a Type II SEQRA action
• the Project was referred to the Dutchess County Department of Planning and Development pursuant to Section 239-m of the General Municipal Law, which responded on February 28, 2024, that it was a matter of local concern with comments
• a duly noticed public hearing was held on March 14, 2024 and closed on May 16, 2024, during which all those who wished to speak were heard

RESOLVED

• the Planning Board hereby approves the Site Plan Set, including the proposed monument sign, and authorizes the Chair or her authorized designee to sign the Site Plan Set after compliance with the following conditions: (1) Payment of all fees and escrow; (2) Revision of the Site Plan Set to include a note on Sheet 2.0 to read as follows: "No uses other than storage are currently proposed in the structures identified as 'Future Events' and 'Future Removal' and the applicant shall return to the Planning Board for site plan amendment approval prior to any changes or modifications in use."; (3) Revision of the Site Plan Set to include a note on Sheet 2.0 to read as follows: "No more than 5 persons shall be employed for the processing of cannabis on the Property."; (4) Revision of the Site Plan Set to include a note prohibiting the outdoor drying, storage, or processing of cannabis; (5) Revision of the Site Plan Set to include a note prohibiting storage of cannabis in buildings 2 and 3; (6) Revision of the Site Plan Set to include five curb spots for employee parking on the southern portion of Parcel 1; (7) Revision of the Site Plan Set to include the following note: There shall be no odors emanating from the facility beyond the Property line. In the event that there are odors the Zoning Enforcement Officer may require that additional odor mitigation be installed and/or determine that the Property is in violation of its site plan approval; (8) Revision of the Site Plan Set to include signage prohibiting left hand turns onto Graves Street, in form and location approved by the Village Engineer; (9) Planning Board Attorney Approval of an access easement between Parcel 1 (6272-06-470753) and Parcel 2 (6272-10-489743) and proof of recordation of the approved easement with the Dutchess County Clerk; (10) Conceptual approval from the NYS Department of Transportation for changes in the traffic pattern from US Route 9; (11) Approval by the Dutchess County Department of Behavioral and Community Health for the methods of water supply and wastewater disposal
• it is ongoing condition of this approval, that after six months of operation, or anytime thereafter, the Zoning Enforcement Officer may require the Applicant to add an additional five curb stops for parking based on demonstrated need for additional parking at the Property
• before the Building Inspector may issue a Certificate of Occupancy for the improvements shown on the Site Plan Set, the applicant shall provide a .pdf of the signed Site Plan Set to the Planning Board Secretary for her files