2007-203coil--ly
2007-203
Resolution Authorizing Amendment to Contract in Connection with the Wappinger Farm
Estates Subdivision and Rezoning Application
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
September 24th, 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, Boris Shtutman, Oleg Shtutman and Sam Zeltsers, hereinafter collectively
referred to as "SHTUTMAN" were contract vendees to purchase a parcel of land containing
approximately 61 acres on Robinson Lane in the Town of Wappinger (hereinafter referred to as
the "Property"); and
WHEREAS, SHTUTMAN had applied for a rezoning of a portion of the Property from
R-40/80 to R-40; and
WHEREAS, to mitigate any impacts associated with the rezoning of the Property,
SHTUTMAN had offered to dedicate to the TOWN approximately 27.81 acres of land (the
"Recreation Parcel") upon the rezoning of the land to R-40 and upon Final Subdivision
Approval, subject to certain conditions; and
WHEREAS, SHTUTMAN and the TOWN entered into an Agreement dated July, 2005,
which Agreement identified the terms and conditions to be observed by SHTUTMAN and the
TOWN in the event the TOWN elected to rezone the Property from R-40/80 to R-40; and
WHEREAS, SHTUTMAN assigned all of their right, title and interest in and to the
Property to S & Z, the successor in interest to SHTUTMAN and has acquired title to the
Property; and
WHEREAS, the Planning Board of the Town of Wappinger has reviewed an application
for subdivision approval of the Property and on August 6th, 2007, has given conceptual approval
to a proposed subdivision containing 19 new residential lots and lot 20, the Recreation Parcel, as
shown on a plat entitled "Preliminary Subdivision Plat Wappinger Farm Estates" dated August
5th, 2005, last revised August 14th, 2007, prepared by Spectra Engineering, Architecture &
Surveying, P.C., said Plat hereinafter referred to as the "Map"; and
WHEREAS, circumstances have changed since the original Agreement of July, 2005
was executed, and S & Z and TOWN have agreed to amend the terms and conditions of said
Agreement and the conditions to be observed by S & Z and by the TOWN as a pre -condition to
the TOWN adopting any Local Law which would rezone the Property from R-40/80 to a R-40
zoning classification; and
WHEREAS, the Agreement dated July, 2005 between SHTUTMAN and the TOWN was
contingent upon SHTUTMAN obtaining preliminary subdivision approval for at least 20 lots
under the R-40 zoning designation no later than February 1St, 2006; and
WHEREAS, both the TOWN and S & Z, as successor in interest to SHTUTMAN wish
to proceed with the transaction with the understanding that the Contract would now be
contingent on S & Z obtaining final subdivision approval for 19 lots no later than December 151h,
2007; and
WHEREAS, the TOWN and S & Z wish to confirm the revisions to the Agreement dated
July, 2005, all as set forth in the proposed Modification Agreement, a copy of which is attached
hereto and marked and designated Exhibit "I".
NOW, THEREFORE, BE IT RESOLVED,
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board Members each have received, reviewed and are familiar with the
terms and conditions set forth in the Modification Agreement attached hereto and marked and
designated Exhibit "I".
3. The Town Board Members concur that the conditions set forth in the Modification
Agreement are the minimum standards pursuant to which the Town Board will consider a
rezoning of the Property from R40/80 to R40.
4. The Town Board Members expressly reserve the right, in their legislative
discretion, not to rezone the Property as requested and by execution of this Agreement, merely
establish the minimum conditions pursuant to which the Property will be rezoned.
5. Supervisor Joseph Ruggiero is hereby authorized to execute this Modification
Agreement by and on behalf of the Town.
6. Engineer to the Town, Joseph E. Paggi, Jr., P.E. and Frederick P. Clark
Associates, Town Planner, and Albert P. Roberts, Attorney to the Town, are further authorized to
undertake any work necessary to prepare Amendments to the Town Master Plan and to draft a
proposed Local Law to implement and adopt a proposed Local Law for the subject rezoning to
be considered by the Town Board.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
9/24/2007
The Resolution is hereby duly declared adopted.
�PHN C. MkSTERSON, TOWN CLERK