2014-03-25 (2)Town of Wappinger Planning Board
Summarized Minutes -January 22, 2014
Page 8
property is located at 146-150 Osborne Hill Road and is identified as Tag Grid No. 6156-01-
485668 in the Town of Wappinger.
Mr. Valdati: We do have a resolution, what is the pleasure of the board?
Mr. Fanuele: I make a motion to mov e the resolution.
Ms. Bettina: Second.
Mr. Valdati: Roll call vote.
Ms. Rose: Frank Malafronte Aye
Marsha Leed Aye
June Visconti Aye
Victor Fanuele Aye
Angela Bettina Aye
Robert Valdati Aye
1/22/14
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: OSBORNE INN -
RESOLUTION OF SITE DEVELOPMENT PLAN APPROVAL
At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day
2014 at 7:00 P.M.
The meeting was called to order by the Chairman Robert L. Valdati and the Planning Board
member attendance was as follows:
Robert L. Valdati
Angela Bettina
Max Dao
Victor Fanuele
Marsha Leed
Francis Malafronte
June Visconti
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Town of Wappinger Planning Board
Summarized Minutes -January 22, 2014
Page 9
The following resolution was moved by
and seconded by
WHEREAS, the Town of Wappinger Planning Board has received the application of Phoenix
Refurbishing, Inc. (the "Applicant" and "Owner") for Site Plan Approval for modification to the existing
restaurant (Building #1 on the site plan) as well as other site improvements including landscaping, signage and
parking reconfiguration (the "Project" or "Proposed Action"); and
WHEREAS, the Project includes the following:
A new f632-square foot deck;
2. A 56-square foot addition to the existing restaurant to be used to relocate an existing walk-in cooler;
3. Anew walkway around the relocated cooler;
4. Anew free-standing sign with indirect lighting;
5. Anew deck porch for Building #2;
6. Anew front covered porch for Building #3; and
7. New trees and shrubs along Osborne Hill Road; and
WHEREAS, there are no lighting fixtures proposed as part of the Proposed Action; and
WHEREAS, the subject property is known as Tax Lot 6156-01-485668 on the Town of Wappinger tax
assessment maps and is located at 146-150 Osborne Hill Road within the Neighborhood Business (NB) zoning
district (the "Subject Property" or "Site"); and
WHEREAS, the Applicant has submitted an Application for Site Plan Approval dated October
18, 2013; a Short Environmental Assessment Form (Part 1) dated October 18, 2013; and the following
sheets of plans generally entitled "Proposed Improvements at the Osborne Inn, Osborne Hill Road,
Town of Wappinger, NY" and prepared by Donald L. Zeller, Architect, PLLC:
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Town of Wappinger Planning Board
Summarized Minutes -January 22, 2014
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a. The following shall be fulfilled prior to the issuance of a Building Permit in conjunction with
this Project:
(1) The Property Owner and Applicant shall endorse and submit a copy of this Resolution
to the Zoning Administrator for filing.
(2) The Owner of the Subject Property shall submit a copy of the current deed to prove
his ownership of said property.
(3) 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.
(4) The following comments contained in the Town Engineer's letter to the Planning
Board dated October 24, 2013, and all comments in any subsequent letter(s) issued,
shall be fulfilled to the satisfaction of the Town Engineer:
(a) The water supply and sewage disposal facilities shall be shown on the plans.
(b) The plans shall clearly indicate if the existing facilities will be reused or if
new facilities will be constructed.
(5) The following comments contained in the Town Planner's letter to the Planning
Board dated November 13, 2013, and all comments in any subsequent letter(s)
issued, shall be fulfilled to the satisfaction of the Town Planner:
(a) Sheet SK1 includes the front and left elevations for the restaurant building
and the proposed deck area. Rear and right elevations shall also be provided.
All elevations shall indicate colors and materials.
(b) The business hours for the proposed restaurant and outdoor deck area shall
be included on the plan.
(6) Trees and shrubs are proposed to be located within the right-of--way of Osborne
Hill Road which is a County road (CR 35). If the Planning Board desires the
installation of these trees and shrubs, approval from the Dutchess County
Department of Public Works will be required.
(7) The Applicant shall fund apost-approval escrow account in accordance with
Section 122-16 of the Town Code.
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Town of Wappinger Planning Board
Summarized Minutes -January 22, 2014
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b. The following conditions shall be satisfied prior to the issuance of a Certificate of
Occupancy:
(1) The Applicant shall fulfill all of the conditions of, and shall complete all
improvements required in accordance with this Resolution of Amended Site
Development Plan Approval.
(2) 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.
(3) Certified "as-built" drawing(s) shall be submitted to the Town Zoning Administrator.
3. 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 Planning 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 Planning Board, this Resolution shall be rendered null and void. Refunds of any remaining
funds within the escrow account for the applications will only made in accordance with the
provisions of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow
Funds.
4. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board
for good cause shown, this Site Development Plan Approval shall expire and become void one (1)
year from the date of the adoption of this resolution if an application for a Building Permit has not
been made, or three (3) years from the date of the adoption of this resolution if construction in
conformance with the approved Site Development Plan has not been completed, if the construction
is not prosecuted with reasonable diligence, or if the premises has been substantially vacant or
inactive for more than three (3) years.
An application for extension of site plan approval shall be made by the Applicant to the
Planning Board prior to the expiration of the specific time period sought to be extended. The
Planning Board may extend all time limits for good cause shown, if the Board deems such
extension warranted.
5. The continued validity of any Building Permit or Certificate of Occupancy issued in accordance
with the Project shall be subject to continued conformance with such approved Site Development
Plan Approval.
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Town of Wappinger Planning Board
Summarized Minutes -January 22, 2014
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6. The Planning Board Chairman 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
Chairman acknowledging his receipt of a copy of the resolution. When all of the conditions set
forth in the conditions above have been satisfied, six (6) sets of the above referenced plans,
revised as necessary, shall be submitted for endorsement by the Planning Board Chairman,
certifying that the plans comply with the terms of this resolution, at which time, the Chairman
shall also endorse this resolution in the space provided below, certifying that the applicant has
complied with the above conditions of approval and that the issuance of a building permit is
authorized for the improvement set forth in this Project.
One (1) set of the endorsed plans will be returned to the Applicant, one (1) set will be retained by the
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Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town
Highway Superintendent and Town Fire Inspector.
The Applicant must return for approval from the Planning Board if any changes to the endorsed plans and/or
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:
Robert L. Valdati, Chairman Voting:
Angela Bettina Voting:
Max Dao Voting:
Victor Fanuele Voting:
Marsha Leed Voting:
Francis Malafronte Voting:
June Visconti Voting:
The resolution is hereby duly declared adopted.
Dated: , 2014
Wappingers Falls, New York
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Town of Wappinger Planning Board
Summarized Minutes -January 22, 2014
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Robert L. Valdati, Chairman
Town of Wappinger Planning Board
Phoenix Refurbishing, Inc.
Applicant and Owner
Date
Date
The following endorsement hereby confirms that the Applicant has fulfilled all of the conditions of this
resolution of the Site Development Plan Approval necessary for the issuance of a Building Permit.
Robert L. Valdati, Chairman
Town of Wappinger Planning Board
J:\DOCS2\500\Wappinger\Osborne Inn.861.pm (amended sp).euk.doc
Mr. Valdati:
Date
The next item on the agenda is:
13-3273/Prestige Mini- Project Update. The property is located at 1162 Route 9 and is
identified by Tax Grid No. 6157-04-674155 in the Town of Wappinger. (Paggi)
Mr. Paggi: We did receive site plan approval from this board. We were making our final
adjustment to our plan when the owner in Ramsey asked us to come down. The
owner advised us that he had just negotiated an option to purchase the property
to the north. This is fine but it stops everything in the track because we have to
let the town know what is going on. They are in negotiation and we will
continue with the prior site plan. If they do secure the property, we would come
in for an amended site plan. We are here to keep you posted.
Mr. Valdati: The one thing I noticed about Prestige Mini is the bulk of their vehicles are not
in the front of the dealership. What is your intent with this property?
Mr. Paggi: I really don't know as of yet but I do know that the site plan we submitted for
this property will have the bulk of their inventory away from the front of the
showroom.
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