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Rezone 228 Myers Corners Road Petition228 MYERS CORNERS, LLC., 33, THE CROSSING, PURCHASE, NEW YORK November 4, 2013 To: Hon. Supervisor Barbara Gutzler and Hon. Members of the Town Board Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 Re: Application to Change Zone for a Portion of 228 Myers Corners Road Dear Supervisor Gutzler and Hon. Board Members: The attached documents are both what is required by the town to begin a zone change application and what is necessary in our respectful opinion to supplement same. The zone change is requested because we own a property that was divided into two zones by a previous owner who simultaneously served the town as planning board chair. Despite efforts by both your staff and ours during a series of public hearings in 2005 and 2006, no reason for the arbitrary division was unearthed. In fact, until 2006 when the property was a staging base for a series of Internal Revenue Service truck �, and equipment auctions, the entire site was a commercial use. This status went back until at least the 1940's, not totally ti. dissimilar from what is permitted by the current NB zone. The one accomplishment of the 2006 hearings was that the town engineer and our Insite engineer agreed on the location of the arbitrary dividing line between the r40 portion (what we are requesting a change to NB in this application) and the NB side of the site. In essence, the r40 portion has no road frontage and no access. It cannot be subdivided because of that lack of frontage. In our opinion as supplemented by that of our realtors, it would be impracticable to build two houses not on a road and not reachable without driving through a NB site fully -occupied by tenants. We are, of course, paying taxes on the full site without being able to use the r40 portion for more than a vehicle pass- through. For the record of this board, while the recent site plan approval is for no new construction, it mandates certain landscaping, including more screening, a fence and fence repairs, parking lot improvements and a relocation of the 228 Myers Corners Road access driveway as requested by the county. We are nearly ready to pull permits for that work: we are awaiting only the highway work permit from the county. We applied for same in July; we are told by Rich Williams, PE, of Insite that the application is 'pending.' In v Please contact the undersigned at 914 772 7799 or the assistant secretary/manager for the LLC, Don Walsh, at 914 760 2086, if you require any further documentation. We understand from both Zoning Administrator Barbara Roberti and Town Attorney Al Roberts that David Stolman of FP Clark may be writing a report as to the most appropriate zone for this overall site; that report, when submitted, should be both added to this application and if possible, a copy sent to us. Thank you for your consideration, LLC By: Thomas R. Borek, Managing Member TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Town Board Office: 845.297.2744 v Fax: 845.297.4558 Town Clerk Office: 845.297.5771 www.tow nofwa p pi nger. us Application for a Change of Zone INTRODUCTION: A request for rezoning requires review by various agencies. First, the Town Board is specifically required by law to conduct a detailed environmental analysis of your requested zone change. Second, your request must be referred to the Town of Wappinger Planning Board and various other Town Officials for their review. Your request may also require referral to the Dutchess County Planning Department. In order to minimize delays, and process your application as expeditiously as possible, we ask that you carefully fill out the attached application for a change of zone, and submit the required exhibits listed at the end of the application. Note: THE APPLICATION AND EXHIBITS SHOULD BE SUBMITTED TO Town Clerk t 1. RECORD OWNER: 228 Myers Corners,LLC v 2. OWNER'S ADDRESS: 33The Crossing Purchase NY 10577 3. OWNER'S TELEPHONE: (days) 914-328-7200x1 4. APPLICANT'S ADDRESS: (If other than Owner): 5. APPLICANT'S ADDRESS: (If other than Owner): nla 6. APPLICANT'S TELEPHONE: (days) n/a (evenings) 914 760 2086 (evenings) No 7. PROPERTY ADDRESS (if different): 228 Myers Corners Rd, Wappingers Falls, NY 12590 8. TAX MAP GRID NUMBER OF PROPERTY: 6258-02-702520 9. PRESENT ZONE OF PROPERTY: the instant parcel has two separate zones:NB and r40. It cannot be subdivided. 10. REQUESTED ZONE OF PROPERTY: make the entire site NB 11. TOTAL AREA OF PROPERTY: 273,332 square feet or 7.3(4.6 NR 2.7r40) acres 12. DIMENSIONS OF PROPERTY: irregular dimensions; 492'x880' at widest points; see attached drawing T0W0I0TB-ACZ(11-05Re,) I af5 Town of Wappinger Town Board Application for a Change of Zone 13. LIST ANY ROAD FRONTAGES ON YOUR PROPERTY: 184 FOOT OF FRONTAGE ON Myers Corners Road ROAD. n/a FOOT OF FRONTAGE ON n/a ROAD. 14, IS PROPERTY VACANT LAND? 15. IF NOT, IDENTIFY ANY STRUCTURES PRESENTLY ON THIS PROPERTY: see attached site the Planning Board approved all existing construction from 1980 and earlier: three buildings plus ancilli; 16. DESCRIBE THE PRESENT USE(S) OF THE PROPERTY: office for ROB installation company and car dealer and envir services also auto service/repair and storage/garaging all as duly permitted 17. IS PROPERTY NOW SUBJECT TO ANY RIGHTS-OF-WAY OR EASEMENT(S) IN FAVOR OF OTHER PROPERTIES? no 18. IS THE PROPERTY PRESENTLY WITHIN A PUBLIC OR PRIVATE WATER DISTRICT? WHICH ONE? no 19. IS PROPERTY PRESENTLY WITHIN A PUBLIC OR PRIVATE SEWER DISTRICT? n/a WHICH ONE? ` 20. DESCRIBE THE PURPOSE OF YOUR REZONING REQUEST AND THE GENERAL NATURE OF `Ir' DEVELOPMENT PLANS: the rezoning request is to make usable a potion of the site that cannot be used r40 potion has no road frontage an can on y e accesseo through me Nb site. in me event the town oa was 21. DESCRIBE PROPOSED SIZE OF ANY BUILDINGS TO BE CONSTRUCTED, E.G.: n/a RESIDENTIAL UNITS OF APPROX. n/a SQ. FT. EACH n/a SQ. FT. RETAIL SPACE n/a SQ. FT. OFFICE SPACE n/a SQ. FT. INDUSTRIAL SPACE 22. LIST OWNERS AND ADDRESSES OF ABUTTING PROPERTY AND EXISTING USES OF PROPERTY: NORTH OWNER: none (Myers Corners Road abuts to the north) ennoccc PROPERTY USE: EAST OWNER: Wink Productions (Pete's Deli) ADDRESS: Myers Corners Road PROPERTY USE: NB/ commercial additional east owner: Simonettl family, r40 SOUTH OWNER: Acker Family ADDRESS: PROPERTY USE: Residential WEST OWNER: Parsons Family ADDRESS: PROPERTY USE: Residential TOW 010 TB-ACZ (11-05 Rev) 2 of 5 7 Town of Wappinger Town Board Application for a Change of Zone 23. IS THERE ANY STATE OR COUNTY OWNED PROPERTY WITHIN 500 FEET OF PROPERTY? Yes Myers Corners Road is a county road; there is a county right of way along same. 24. DESCRIBE THE NATURE OF YOUR PROPERTY: commercial permitted use in NB portion; no use except vehicle pass-through in r40 portion of parcel WHAT TYPES OF SOILS DOES YOUR PROPERTY CONTAIN? udorthents soils predominate; Dutchesscardigan soils contigous to stream DOES IT CONTAIN ANY PONDS? DOES IT CONTAIN ANY STATE DESIGNATED WETLANDS OR ADJACENT AREAS? see Jacobsen letter from town planning board file, attached DOES IT CONTAIN ANY FLOODWAY OR FLOODPLAIN LANDS? no DOES IT CONTAIN ANY SLOPES IN EXCESS OF 15%? no TO YOUR KNOWLEDGE, HAS THE PROPERTY EVER BEEN USED AS A WASTE SITE OR DUMP ` no IF SO, WHEN? n/a V NUMBER OF WELLS ON PROPERTY: one DEPTH OF WELLS ON PROPERTY: NUMBER OF SEPTIC SYSTEMS ON PROPERTY: one HAVE ANY WELL TESTS INDICATED UNSATISFACTORY WATER QUALITY? no 25. ANY ADDITIONAL COMMENTS OR INFORMATION YOU WOULD LIKE INCLUDED WITH attached. Noteworthy, the�ct r40 portion of the site was once a IunKyara tir W[9UK a dawi IIUU„�� a,,u ,a,=, served until 2006 as an IRS auction storage facility. In addition, on the r40 potion, up to 20 cars were parked on sel viimffiffa urke, Esq., from 2001-2006. When the IRS vacated the site, applicant was told by then zoning a lana u fano a car par ing was no perms a on e r po ion. s. u fano , i was iscovered in the 2011 zba hearings, did not have the referenced stipulation letter in her file. e t e si a was no use ase on er or er snce par ing permission un er t at s ipu anon had eyes of the zba and their approval reflected that fact with owners wnsent, subject of course to this TOW 010 TB-ACZ (11-05 Rev) 3 of5 Town of Wappinger Town Board Application for a Change of Zone ATTACHMENTS THE FOLLOWING MUST BE SUBMITTED WITH YOUR WRITTEN APPLICATION 1. PARTS I & II (AND PART III, IF APPLICABLE) OF THE LONG -FORM ENVIRONMENTAL ASSESSMENT FORM. NOTE THAT THE E.A.F. SHOULD CONCENTRATE ON THE BROAD IMPACTS OF THE REZONING AND NOT JUST ON THE SITE-SPECIFIC IMPACTS OF YOUR PROPOSED PROJECT. 2. IF APPLICANT DIFFERENT FROM OWNER, A WRITTEN STATEMENT FROM OWNER, AUTHORIZING YOU TO MAKE THE APPLICATION SHOULD BE ATTACHED. 3. MAP OR SKETCH SHOWING LOCATION �OFYR P OPERTY AND THE SECTION(S) OF IT THAT YOU WISH TO HAVE REZONED. 4. COPY OF OWNERS DEED. �.n) 7 DATE OF SUBMISSION: )t//7 113 DATE RECEIVED BY TOWN CLERK' REC IEWEDD 1 vxt /hy - Grp s r NOV 14 2013 TOWN OF VVAPPINGER TOWN CLERK �a Signature of Owner(s) NI ' Signature of Applicant(s) TOW010'nl-ACT.(1-05Rev)5of5 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a poternially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Pan 2 is identified as potentially -large, then Pan 3 is used to evaluate whether or not impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions v Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Pan 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information. and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. F78, Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency ` Signature of Responsible Officer in Lead Agency V Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date Page 1 of 21 PART 1 --PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name Zone Change Anolication Parcel 6258-02-702520 (to make all NB) Location of Action (include Street Address, Municipality and County) 228 Myers Comere Road, Wappingers Falls, New York 12590 Name of Applicant/Sponsor 228 Myers Comers LLC City / PO Purchase Business Telephone 914 328 7200 x1 Name of Owner (if different) we r Address Na City / po Wit Business Telephone Na V State New York Zip Code State n/a Zip Code Na Parcel 6258-02-702520 is arbitrarily divided into two separate zones by a zoning demarcation line.: 4.6 acres of the site is in the NB zone while 2.7 acres is zoned r40. The r40 section has no road frontage and cannot be accessed except through the NB portion which makes use for housing on same impracticable. A request is respectfully made to the town hoard to have the entire site in one zone (IJB) instead of being split into a usable par[ and a not -usable part. Page 2 of 21 Please Complete Each Question --Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑ Other vacant land on r40 portion 2, Total acreage of project area: 7.3 acres acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0.6 acres 0.6 acres Forested 0 acres 0 acres Agricultural (includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0.2 acres 002 acres Water Surface Area 0.1 acres 0.1 acres Unvegetated (Rock, earth or fill) 2.1 acres 2.1 acres Roads, buildings and other paved surfaces 4.3 acres 4.3 acres ` v Other (Indicate type) 0 acres 0 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Elwell drained 100 % of site ❑ Moderately well drained % of site. ❑Poorly drained _% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System9 a3. acres (see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? ❑ Yes ❑� No a. What is depth to bedrock 5 -plus (in feet) 5. Approximate percentage of proposed project site with slopes: Flo -10% _-/. ❑10- 15%_% ❑ 15%a greater_% 6. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes III No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes [F]No e. What is the depth of the water table? 760 (in feet) g, Is site located over a primary, principal, or sole source aquifer? Dyes ❑� No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes ❑ No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Ves 0 No According to. ` Development Strategies Company, LLC 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other ❑Ves ❑. No 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Ves F. 14. Does the present site include scenic views known to be important to the communiW. ❑ Ves 15. 16. V beams within or contiguous to project area: see Jacobsen wetlands and watercourses letter from town planning board file, attached Name of Stream and name of River to which it IS minatory W appinger Creek Lakes, pondswetland areas within or contiguous to project area: See letter referenced at 915, above, relative to unnamed pond on adjacent site to rear of r40 portion size (in acres?. ,end is estimated at.2 acres in size Page 4 of 21 17. Is the site served by existing public utilities? 9 Yes No a. If YES, does sufficient capacity exist to allow connection? Eyes ❑ No L, If YES, will improvements be necessary to allow connection? 11Yes Re 18. Is the site located inan agricultural district ratified pursuant to Agriculture and Markets Law, Article 25 AA. Section 303 and 304? NYes MNo 19. Is the site located in or sublt.mial!y contiguous to a Critical Environmental Area designated pursuant to Article e of the ECL, and 6 NYCRR 617? MYes I M lNo 20. Has the site ever been used for the disposal of solid or namrdous wastes? Yes ❑� No a. Project Description 1, Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 0 acres. b. Project acreage to be developed: 0 acres initially; 0 acres ultimately. c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: .3 lif appropriate) e. If the project is an expansion, indicate percent of expansion proposed. n/a % E Number of off-street parking spaces existing 69 ; proposed 99 v g. Maximum vehicular trips generated per hour: n/a (upon completion of project)? h. If residential: Number and type of housing units, One Family Two Family Multiple Family Condominium Initially n/a n/a a/a Na Ultimately Na rda Na n/a i. Dimensions (in feet) of largest proposed structure: rda height; va width; n/a length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 184 It 2. How much natural material (i.e. rack, earth, etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed 11Yes FNo F N/A If yes, for what intended purpose is the site being reclamea! b, Will topsoil be stockpiled for reclamation? []Yes E] No c. Will upper subsoil be stockpiled for reclamation? 11Yes F1 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 V 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑ Yes M. No 6. If single phase project: Anticipated period of construction: -a months, (including demolition) 7. If muld-phased: a. Total number of phases anticipated Na (number) b. Anticipated date of commencement phase t n/a month n/a year, (including demolition) c. Approximate completion date of final phase: Na month Na year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No B. Will blasting occur during construction? ❑ Yes r7 -No 9. Number of jobs generated: during construction n/a; after project is complete 10. Number of jobs eliminated by this project Na 11. Will project require relocation of any projects or facilities? ❑ yes ❑ No If yes, explain: 12. Is surface liquid waste disposal involved? ❑ yes ❑� No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes ElNo If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ❑ Yes ❑� No 16. Will the project generate solid waste? ❑ Yes ❑ No a. If yes, what is the amount per momh? _ tons b. If yes, will an existing solid waste facility be used? ❑ yes ❑ No C . If yes, give name : ocanon d, Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑� No Page 6 of 21 V V o if vps. explain: 17. Will the project involve the disposal of solid waste? []Yes FINo a. If yes, what is the anticipated rate of disposal? _ tons/month. b. If yes, what is the anticipated site life? _ years. 18. Will project use herbicides or pesticides? ❑Yes M No 19. Will project routinely produce odors (more than one hour per day)? ❑Yes ❑� No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes F1No 21 Will project result in an increase in energy use? ❑ Yes F No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity 5—p- lus gallons/minute. 23. Total anticipated water usage per day_ 500 gallons/day. 24. Does project involve Local, State or Federal funding? ❑ Yes F No If yes, explain. Page 7 of 21 25. Approvals Required: City, Town, Village Board Type Submittal Date zone change ❑� Yes Q No City, Town, Village Planning Board ❑ Ves ❑7- No City, Town Zoning Board ❑ Ves ❑ No City, County Health Department ❑ Yes El No Other Local Agencies Other Regional Agencies State Agencies Federal Agencies ❑ Ves M. No ❑Ves M. No ❑Ves Q No ❑Yes ❑- No C. Zoning and Planning Information t. Does proposed action involve a planning or zoning decision? ❑Ves ❑ No If Yes, indicate decision required: ❑ Zoning amendment ❑ Zoning variance ❑ New/revision of master plan ❑ Site plan ❑ Special use permit ❑ Resource management plan Page 8 of 21 ❑ Subdivision ❑ Other V 2. What is the zoning classification(s) of the site? 3. 4. 5. ..."• •......... u=veiopnieor Or me site It cievel0 as permitted by the present zoning? no subdivision is possible as per town environmental consultant due to lack of road frontage for entire site to be zoned as is the 4.7 acre portion of the site, that is, NB •I .• 11 ... U-1-1II ueveiopolem Or me site IT developed as permitted by the proposed zoning? ject to site plan approval of any future proposal, extra parking up to est. 30 cars; perhaps a narrow, N13 -compliant building mated at 6000 square feet. There are no pending offers to the owner. 6, Is the proposed action consistent with the recommended uses in adopted local land use plans? El yes ❑ No 7. •••••• — — I......•••.••„•., un,u u—ry anu noun iy ud]]mCB uslh wman a Y mite radms or proposed action? r40, and various commercial uses, including gas station across Myers Comers Road, and Pete s Deli comigious to the east B. Is the proposed action compatible with adjoining/surrounding land uses with a h mile? ©i Ves ®No g. If the proposed action is the subdivision of land, how many lots are proposed? Na a. What is the minimum lot size proposed? -a Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yes M. No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ❑ Yes M No a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑ Yes ❑� No a. If yes, is the existing read network adequate to handle the additional traffic. Dyes ❑ No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information providedaboveis true to the best of my knowledge. Applicant/Spon am 228 xyers Comers, LLC Date �' y Signature Title managing member If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assesvnert. Page 10 of 21 Phone . (203)372 - vas Addendum 2 Fax. i2osw2735 Wetlands and Watercourses0844 Richard B. Jacobson Environmental Consultant 571 Adley Road Fairfield Connecticut 06825 October 26, 2005 Planning Board, Town of Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 Re: 228 Meyers Comers Road Dear Members of the Board: At the request of Don Walsh 1 inspected the above referenced site on October 24, 2005 The site wetlands and watercourses are accurately shown on the site plan which is based on the topographic survey. There are three regulated areas described as follows: • The section of the watercourse from the first driveway crossing to the pipe extending north to Meyers Comers Road meets the definition of a watercourse in the Town Code but does not contain wetland vegetation or wetland soils. It is approximately three feet wide. The soils are Udorthents (Ud). They consist of cuts and fills in disturbed areas. • The watercourse between the driveway crossings has a narrow band of upland Dutchess-Cardigan complex) soils (DwB) on the east side and a well defined fill slope (Ud soils) on the west side. The watercourse is approximately four feet wide in flus location. Wetland vegetation is present including: Red Maple (Acer rubrum), Withal (Viburnum cassinoides), Red -osier Dogwood (Cornus stolonifero), and Purple I.00sestrife (Lythmm salicarla). • An area of wetland soils and vegetation associated with the watercourse extends to the property line and off-site to a pond on the adjacent property. A narrow area of the wetland soil type Canandaiqua (Ca) is on both sides of the watercourse. Please do not hesitate to contact me if you have any questions. Yours truly, Ri B. J ba l B cc: Don Walsh Peter Karis, Insite Engineering PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency i General Information (Read Carefully) �r.� I In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. I The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. I The impacts of each project, an each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. I The number of examples per question does not indicate the importance of each question. I In identifying impacts, consider longterm, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. I . If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1, Will the Proposed Action result in a physical change to the project site? NO F1 YES Examples that would apply to column 2 • Any construction on slopesof 15% orgreater,(15 foot ❑ ElYes []No rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table ❑ QYes [7]NO is less than 3 feet. • Construction of paved parking area for 1,000 or more ❑ © Yes ©No vehicles. • Construction on land where bedrock is exposed or © M Yes 0No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or © ElYes ❑No involve more than one phase or stage. • Excavation for mining purposes that would remove ® © ©Yes [:]No more than 1,000 tons of natural material (i.e., rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ❑ ❑ ❑Yes ❑No • Construction in a designated ffoodway. ❑ ❑ ❑Yes ONO • Other impacts: ❑ ❑ ❑Yes ❑No 2. Will mere bean effect to any unique or unusual land forms round on the site? (i. e., cliffs, dunes, geological formations, etc.) ©NO MYES Specific land forms: ❑ ❑ ❑Yes ON( Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) [7 NO ❑YES Examples that would apply to column 2 `, Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: In 4. Will Proposed Action affect any non -protected existing or new body of water? ❑NO ❑YES Examples that would apply to column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: Page 12 of 21 ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes 11 No ❑ ❑ ❑Yes 11 No ❑ ❑ ❑Yes 11 No ❑ ❑ ❑ Yes []No ❑ ❑ []Yea ❑No ❑ ❑ ❑Yes ❑Nc ❑ ❑ ❑Yes 1:1 No Page 13 of 21 1 Small to 2 Potential 3 Can Impact Be ` V Moderate Impact Large Impact Mitigated by Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ❑NO YES Examples thatwould apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑ Yes ❑ No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater ❑ ❑ ❑Yes ONO than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ Oyes ❑ No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which ❑ ❑ Oyes ONO presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ❑ ❑ ❑ Yes ❑ No perday. • Proposed Action will likely cause siltation or other discharge into ❑ ❑ El yes ONO an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ❑ ® ❑Yes ❑ No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ❑ ❑ ❑Yes ❑ No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ❑ ® ❑ Yes ❑ No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑ ss ❑ No Page 13 of 21 • Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. g. WII Proposed Action substantially affect non -threatened or non - endangered species? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? ❑ NO ❑ YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Panc 15 of 91 1 Small to Moderate Impact El 2 Potential Large Impact ❑ ❑ ❑ L 3 Can Impact Be Mitigated by Project Change ❑Yes [:]NO ❑Yes ❑No Dyes ❑No ❑ 11 Yes ON ❑ ❑Yes ❑No ❑ ❑ ❑Yes [--]No ❑ ❑ ❑Yes ❑No ❑ ❑ ®Yes ❑No IMPACT ON AESTHETIC RESOURCES 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ Dyes ❑ No • The Proposed Action would disrupt or prevent installation of ❑ ❑ ❑Yes ❑ No agricultural land management systems (e.g., subsurface drain patterns, whether man-made or natural. lines, outlet ditches, strip cropping); or create a need for such No • Proposed land uses, or project components visible to users of ❑ measures (e.g. cause a farm field to drain poorly due to ❑Yes []No aesthetic resources which will eliminate or significantly reduce increased runoff). • Other impacts: ❑ ❑ Oyes ❑No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617 20, Appendix B.) ❑NO F1 YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different ❑ ❑ Dyes ❑ No from or in sharp contrast to current surrounding land use ❑ ❑ ❑ Yes ❑ patterns, whether man-made or natural. No • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes []No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. ❑ ❑ ❑ Yes ❑ No • Project components that will result in the elimination or ❑ ❑ []Yes ONO significant screening of scenic views known to be important to ❑ ❑ ❑ Yes ❑ No the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ONO DYES Examples that would apply to column 2 ❑ ❑ ❑ Yes ❑ • Proposed Action occurring wholly or partially within or No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ❑ ❑ ❑ Yes ❑ No the project site. • Proposed Action will occur in an area designated as sensitive ❑ ❑ ❑ Yes ❑ No for archaeological sites on the NYS Site Inventory. Page 16 of 21 V • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ❑ NO ElYES Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? ❑NO ❑YES List the environmental characteristics that caused the designation of 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ ❑Yes 11 No ❑ ❑ ❑Yes [--]No ❑ ❑ Dyes ONO ❑ ❑ ❑Yes ONO Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ ❑Yes ONO • Proposed Action will result in a reduction in the quantity of the ❑ ❑ ❑Yes ONO resource? • Proposed Action will result in a reduction in the quality of the ❑ ❑ 1:1 Yes ONO resource? • Proposed Action will impact the use, function or enjoyment of the ❑ ❑ Dyes ONO resource? • Other impacts. ❑ ❑ ❑Yes ONO Page 17 of 21 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? 0 N ❑YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ ❑Yes [:]No ❑ ❑ Oyes [:]No ❑ ❑ ❑Yes ONO IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ONO ❑YES Examples that would apply to column 2 ❑ ❑ ❑Yes ❑ • Proposed Action will cause a greater than 5% increase in the No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an 4/ ❑ ❑ ❑Yes ❑ No energy transmission or supply system to serve more than 50 ❑ ❑ ❑Yes [:]No single or two family residences or to serve a major commercial or industrial use. ❑ ❑ ❑Yes [-]NO • Other impacts: ❑ ❑ ❑Yes ON. NOISE AND ODOR IMPACT 17, Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ❑NO ❑YES Examples that would apply to column 2 ❑ ❑ ❑Yes ❑ • Blasting within 1,500 feet of a hospital, school or other sensitive No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes [IN. • Proposed Action will produce operating noise exceeding the ❑ ❑ ❑Yes [:]No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes [-]NO noise screen. Page 18 of 21 Ill 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH I& Will Proposed Action affect public health and safety? ONO ❑YES • Proposed Action may cause a risk of explosion or release of ❑ ❑ ❑Yes ❑No hazardous substances (i.e. oil, pesticides, chemicals, radiation, ❑ ❑ ❑Yes Elko etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" ❑ ❑ ❑Yes ❑ No in any form (i.etoxic, poisonous, highly reactive, radioactive, instating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied ❑ ❑ ❑Yes ❑No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ❑ ❑ ❑Yes ❑No disturbance within 2,000 feel of a site used for the disposal of ❑ ❑ ❑Yes []No solid or hazardous waste. • Other impacts. ❑ ❑ ❑Yes ❑No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing comm unity? ONO ❑YES Examples that would apply to column 2 ❑ ❑ ❑Yes Elko • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ❑ ❑ []Yes ❑No services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or ❑ ❑ ❑Yes [:]No goals. • Proposed Action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, ❑ ❑ ❑Yes []No structures or areas of historic importance to the community. • Development will create a demand for additional community © ❑ []Yes ❑ No services (e.g. schools, police and fire, etc.) v Page 19 of 21 V Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate employment. Other impacts: 20, Is there, oris there likely to be, l adverse environment impacts? FINO ❑YES 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ []Yes [—]No ❑ ❑ ❑Yes 1:1 No ❑ ❑ ❑Yes E] No If Any Action in Part 21s Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: t. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider. ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. Page 21 of 21 *". TOWN OF WAPPINGM P.O. BOX 324 - 20 MIDDLESUSH ROAD WAPPINGERS FALLS. NY 12590 Zoning Board of Appeals Offw: 845297.1373 - Fax: 845.797.4558 Zoning Enforcement Officer RECEIVEa Office; 845.297.6257 . www.tow Mappiniier.us NAY 18 2011 NTNG r O TOWN0P"RaeSq Application for an Interpretation s •7 Dated: Appeal �L� S -------------- TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: • 1(We), 228 Mve-s r._ n oad..-r•7.C8siding et1 a c+ f• • r ein s�.a..e ry inem - - (phone), hereby appeal to the Zoning Board of Appeals from the decislon/actionor the Zoning Administrator, dated •aAM a X 31 . 200-1 j'and do hereby appy (or an interpretation. premises located at ��8 Mver r rn xns,A Tax Grid # ca ca_m_�n�c7n - Zoning District 1. Record Owner of Property 228 -Myers Corners Road, LLC Address .245 Main St.,Suite 330. White Plains, NY 10601 Phone Number9l 4-1.�8-720 Q Signature: Owner Consent: Dated:.— Printeda 2. interpretation Request: I(We) hereby apply to the Zoning Board of APPeals for an interpretation of the following requirements of the Zoning Code. Whnforating (Indicate Artide, Sectfon, Subsection and rograPh)uses pursuant to §240-16 3. Reason For Appeal (Please substantiate the request by answerfng the following questions /n detail. Use extra sheet, Itnecessary): f a) _ * „f ++=rmit tyl,iap+ h h l f f + on ne Zoninq A&ninistrator hag refused to nro w h +h tha owner and "IOwOd6.28A-A((4-0J Rn)1 d3 Town of Wappinger Zoning Board of Appeals ` Interpretation Application l W Appeal No. Reason for Appeal Continued: 4. List of attachments (Check applicable Informadon) (j?) Survey Dated July 26, 2004 Last Revised and Prepared by Roy Teller L.L.S. (I) Photos . Drawings Dated. (g,) Letter of Communication which resulted in application to -the ZBA. (e.g., rebmmendatlon from the Planning 8oar47,wV g Denial) Letterfrnm Dated: Letter from. Dated:. (g Other(p/easa Est): A earance ticket and supporting deposition of Barbara Rob aff4Awvit of •Themes R. Borek S. signature and Verification ' Please be advised that no application can be deemed complete unless signed below. The applicant hMe etaPit all InfoM1 don glVen is a�:�rate es of the date of application. SIGNATURE o(o(. �(.� `.•t•`_ DATEDt (App lent) T'HgV4 SIGNATURE DATED: (If more than one Appellant) a ieWe]d18hAf (4m Aar7]of3 Town of Wappinger Zoning Board of Appeals Interpretation Ap Ilca on Appeal No. /-74 FOR OFFICE USE ONLY Conclusion: Therefore, It was determined the Zoning Board of Appeals (UPHELD (') REVERSED ' conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: t 7� L "M 2 ' ( ) Findings & Facts Attached. DATED: IZ--t'',-1\ �pxq]62aA N(6 -0l Rev)]er3 1 ZONING BOARD OF APPEALS TOWN OF. WAPPINGER, NEW YORK BY: an y2 PRINT: R`�v11-Pto� aa,l3—�� `„ TOWN OF WAPPINGER ZONING BOARD OF APPEALS APPLICATION FOR AN INTERPRETATION FINDINGS & DECISION RECEIVED Appeal No. 11-7438 DEC 1 S 20fl Application Date: May 10, 2011 PLANMNGoeeAarMa Applicant 228 Myers Corners, LLC 10"o WAPPWam Premises Located at: 228 Myers Corners Road Tax Grid No.: 6258-02-702520 Zoning District(s): NB & R-40 Record Owner of Property: 228 Myers Corners, LLC Interpretation of Code Section: § 240-16 Non -Conforming Uses Documentary Evidence Presented 1) Application for an Interpretation dated May 10, 2011 with exhibits. 2) Affidavit of William Parsons sworn to February 15,2001; 3) Affidavit of Arthur Lieberman sworn to February 20, 2001 4) Affidavit of Chace Elder sworn to March 13, 2001 5) Affidavit of Michael Sehnert February 2001. 6) Affidavit of Frank Adamo sworn to October 17, 2011. 7) Letter of Attorney to the Town Albert P. Roberts, Esq. dated July 19, 2001 ("Roberts' Letter") 8) Letter of Tatiana Lukianoff dated August 1, 2001 9) Letter from John Simonetty dated December 1, 2011 10) Statement in Support of Application by Richard O'Rourke, Esq. dated December 9, 2011 11) Affidavit of Frank Adamo sworn to December 6, 2011 12) As -Built Piqwon Site Plan prepared by Civil Tech Engineering dated March 24, 1999 last revised August 31, 2000 C?igwon Site Plan"). 13) Site Plan & Details for 228 Myers Comers, LLC prepared by Insite Engineering dated October 27, 2005 last revised October 18, 2006. ("228 Site Plan'D Request for Interpretation The�lirsnt has giyperpA ' teroretation that the current use of its protne is a legally existing prior non -conforming use allowed to continue pursuant to the provisions of Town-&-Wappinger-Oode� The applicant points -out -that -on August -i, 2001i the -- Zoning Administrator Administrator of the Town of Wappinger determined that the use of the property on that date was consistent with the provisions of the Town of Wappinger Code. The Roberts' Letter of July 19, 2001 indicated that the mixed uses on the property constituted allowed nonconforming uses. The applicant seeks a determination from the ZBA that the nonconforming uses allowed as of August 1, 2001 have continued to date and have not been abandoned. The applicant further requests an interpretation that the use of the property by the current tenant is consistent with the prior uses of the property and is a continuation of the prior nonconforming uses. FINDINGS OF FACT Description of the Premises The premises that are the subject of this application are a 6.27 acre parcel located at 228 Myers Comets Road. The front portion of the property is located in a Neighborhood Business District and the rear portion of the property is located in an R-40 District. The subject parcel was subdivided from a larger parcel by a subdivision plat entitled "Plat of A & J Parsons, Inc. Subdivision filed in the Office of the Dutchess County Clerk on March 14, 1988 as Filed Map 8322. Piqwon, Inc. acquired title to the premises on or about June 5, 1998 from A & J Parsons, Inc. Affidavit of Grace Elder at Para. 5. 228 Myers Comers, LLC obtained title to the premises by deed from Piqwon, Inc. dated February 4, 2004. There are 3 principal buildings located on the property and several sheds. Also located on the property is a fenced material storage area. These are depicted on the Piqwon Site Plan. The Piqwon Site Plan was originally submitted in support of a Special Permit Application to the Town Board that was ultimately denied. The Piqwon Site Plan is referenced in the Roberts' Letter. Building 1 is located closest to Myers Corners Road It has two stories and approximately `, 2,200 square feet. Building 2 is located southwest of Building 1 and has one story and approximately 4,500 square feet. Building 3 is located on the west side of the property. It has one story and approximately 9,190 square feet. Page 2 of the Roberts' Letter describes the uses of the buildings as of July 19, 2001. The conclusion of the Roberts' Letter states: ...Considering that the parcel has had a history of multiple commercial uses predating wring, including a junkyard and auto dealership (including repair and body shop), the use of the site as proposed is consistent with prior uses. (It is noted that the junkyard has lost its status as a `hon -conforming use.) ... The Zoning Administrator has determined that the multiple use of this site in the above fashion would be consistent with the Code of the Town of Wappinger, either as a continuation of non -conforming uses or as permitted uses. --- ''stmtor3'atirma-IitE��offdated�l'agnst—kms 2001-eerraberams ---- _ the determination of the Attorney to the Town. The parent company of 228 Myers Corners, LLC, Golden Age Mortgage Corp. (GAMC) lent money to Piqwon and GALS, Inc. in 2000. Affidavit of T. Borek at para. 4, 5. Piqwon and GALS were in default on their obligations to GAMC and an agreement was reached to transfer title to the real property owned by Piqwon to a single -entity real estate holding company 228 i Myers Comers, LLC. Affidavit of T. Borek at para. 8. On February 4, 2004, 228 Myers Comers, LLC took to title to the property from Piqwon, Inc. Affidavit of T. Borek at para. 9. After the `, transfer of title to 228 Myers Corners, LLC, GALS continued to occupy the property as a tenant. The Internal Revue Service had outstanding tax liens on the equipment of GALS, Inc, as did GAMC. GAMC and the IRS negotiated an intercreditor agreement which split the proceeds from a liquidation sale of the GALS, Inc. assets 50150. Affidavit of T. Borek at para. 8 and his public hearing testimony. In 2005, the IRS and GAMC conducted auctions on the premises to sell the GALS, Inc. equipment. After the IRS tax liens were satisfied vehicles, material and equipment owned by GALS, Inc. remained on the premises. GALS, Inc. vehicles, material and equipment were located in Building 3, the outside storage sheds and the material storage area. The equipment that remained in the material storage area included PVC pipes, signs and barriers. Since on or about May 1, 2005, Frank Adamo, an employee of GAMC, has visited the site and maintained the premises. Mr. Adam, has managed the cleanup of the property. Mr. Adamo stated that PVC pipes were located in the material storage area some remained until earlier this year and that he removed the PVC pipes from the property over time to use on other job sites. Material that was previously owned by GALS remains on the premises in storage sheds and in the material storage area. Frank Adamo uses a portion of Building 3 as his work space. By decision dated November 14, 2006, the Zoning Board of Appeals granted an area variance to allow for the use of Building 1 for automobile sales on 2.52 acres where 3 acres is required. An additional area variance of 6.4 feet was granted to allow with respect to an existing f4w metal shed on the property. Motor vehicles sales are not a permitted use in the Neighborhood Business District, but repair garages are allowed with special permit approval. In or about May 1, 2010, 228 Myers Comers, LLC leased portions of the premises to Communications Specialists, Inc. (CSI). CSI has offices in Building 1, uses the mechanics' bay in Building 3 to do maintenance on its vehicles and uses the material storage area to store spools of wire and other material. On January 31, 2011 CSI was issued a violation for failure to obtain a change in occupancy permit as required by §85-5(A)(2) of the Town of Wappinger Code and 228 Myers Corners, LLC was issued a violation for failing to abide by the provisions of an approved site plan in violation of §240-83 of the Town of Wappinger Code. The instant application for an interpretation was filed on May 10, 2011. Putilic eartnlF-" A public hearine was duly noticed and held on November 22, 2011 and a number of witnesses testified in support and opposition to the appncanon ror an mierpmmuu,l - u public hearing 228 Myers Corners, LLC was represented by Richard O'Rourke, Esq. of Keane & Beane. Thomas Borek, Frank Adamo and Don Walsh were sworn and testified on behalf of the applicant. The following neighbors appeared at the public hearing and testified in opposition to the interpretation: John Villani of 7 Sherwood Heights, Olga Dalsbeim of 5 Sherwood Heights, and John Simonetty of 236 Myers Comers Road. Mr. Robert Buyakowski testified in support of the application. Mr. Villard testified that the property was quieter when it was used as a junkyard but it has been noisy since GALS became a tenant on the property and the noise has continued. Ms. Dalsheim testified that there is noise coming from the property caused by an ATV or motorcycle. Mr. Simonetty testified that there was outdoor storage at the property but as far as he was concerned no business was operating. He also testified that there was motorcycle noise coming from the property. He testified that he thought that Building 1 was vacant Mr. Robert Buyakowski testified that there are many vacant businesses in the area and it would be helpful to allow CSI to continue as a tenant in the property. Decision The August 1, 2001 decision of the Zoning Administrator that the uses listed in the Roberts' Letter were legally existing prior non -conforming uses was never appealed so that determination is final and binding upon the ZBA. This determination establishes the uses listed in the Roberts' Letter as allowed non -conforming uses. Such uses are allowed to continue unless such uses have changed or have been abandoned. The burden is on the Town to prove by the preponderance of the evidence that the nonconforming use has been abandoned after a nonconforming use has been established. The record establishes that GALS maintained a contractor's office on the premises in Building 1 and that construction materials, supplies, equipment and vehicles were stored on the site is Building 2, Building 3, Metal Sheds and the Outdoor Material Storage Area. Some of the materials, supplies, equipment and vehicles owned by GALS remained on the site until early 2011. By 2006, the GALS equipment no longer occupied Building 1, but the remaining areas of the property continued to be occupied by GALS property. Moving out of the office use in Building 1 does not discontinue the remaining uses on the property. 228 Myers Comers, LLC and GAMC auctioned the GALS equipment in conjunction with the IRS and used that money to satisfy GALS obligations to GAMC. The equipment remained on the property and was stored there pending the sale. This is a legal continuation of tffa-use of thepfffpet-fy for "ihff --s tom—ge ofc�atilio Ws equipment -and does not establish an establishes that PVC Dine on the property was taken off site and used on otherjob sites. This is a continuation of the use of the property. Mr. Simonetty submits that the property was not used for revenue generating purposes so the nonconforming use of the property should be deemed abandoned. Property previously owned by GALS remains on the site until present. Adamo testifies that he has used pipes from the premises as recently as 2011. This establishes a use of the property. 228 Myers Comers, LLC is a subsidiary of GAMC. As such there is no requirement for it to pay rent to the property owner for the storage of equipment on the property. The storage of vehicles, equipment and material on the property establishes a business use. Building 1. The Towns records indicate that Building 1 received site plan approval from the Planning Board on June 18, 1980 for use as a motor vehicle sales establishment. At the time the approval was granted motor vehicles sales were allowed on the property. The use of the Building 1 together with 2.52 acres of the property for automobile sales has been previously authorized by an area variance granted by the ZBA on November 14, 2006. The use of Building I for used car sales is consistent with the Roberts' Letter and the prior decision of the ZBA Professional, banking, business, govemmental or other offices are permitted uses within the NB District. The use of Building 1 as offices is a permitted use. Motor vehicle sales establishments are not permitted uses in the NB District however they were allowed uses previously and approvals were received. Evidence was presented that Wheels R Us occupied Building 1 and the appurtenant area within 2 years prior to the request for the interpretation so the use of the property as a motor vehicle sales establishment is determined to be a continuing nonconforming use. Building 2. The Planning Board granted an approval for Building 2 for the storage of cars and auto parts in conjunction with a motor vehicle sales operation on March 4, 1968. On December 24, 1968 a C of O was issued for the building. The building contains a paint shop and storage areas. Repair garages are not an as of right permitted use within the NB District, but are allowed by special permit. The use of Building 2 as a repair garage and storage of motor vehicles and parts is a previously allowed use, the prior site plan approval for the site is deemed to include a special permit for such use. The use of Building 2 for a repair garage, motor vehicle storage and part storage is deemed to be an allowed use. Building 3. There are no approvals of record for Building 3. Building 3 contains a mechanics bay and storage areas for vehicles, equipment and materials. A mechanics bay can be part of a repair garage but may also be an accessory use in a contractor's operations for the repair of contractor's vehicles and equipment. The storage areas within the building .can be accessory uses for either principal use. The use of Building 3 for the repair and storage of its contractor vehicles is a continuation of the prior use and is not considered to be a change in user Metal Sheds. The use of the metal sheds for the storage of construction materials is a continuation of the rior nonconforming use established by GALS and its predecessors. is of the prior nonconforming use established by The Roberts letter indicated that the property owner would install a berm on the easterly property line as well as plant some landscape shrubs in the area adjacent to Mr. Simonetty's property. Proposed evergreen buffer planting and solid vinyl fencing are shown on the 228 Site L Plan. This screening should be installed to be consistent with the letter of Mr. Roberts. The applicant has agreed to install this screening. ` R-40 Portion of the Prooerty. The applicant has conceded in its application that any nonconforming use of the R40 portion of the property has been abandoned. The Planning Board approval of June 18, 1980 indicates that the junkyard area should be fenced so that it would be separate from the automobile sales area. The junkyard occupied that portion of the property that is now zoned R-40. To insure that the R-40 portion of the property is not used improperly a fence or other physical demarcation barrier should be placed on the boundary between the RAO and the NB district so that contractor vehicles and construction materials and equipment cannot be placed on the R-40 portion of the property. Openings are allowed so that the owner may use that portion of the property consistent with the uses allowed in the R-40 District. The fence should remain locked during non -business hours to prevent unauthorized persons from entering the site with noisy recreational motor vehicles. The fence to prevent commercial uses in the R-40 zone area should also prevent noise from disturbing the adjacent properties in the residential district. Motorcycle and ATV Race Course. The use of the premises for the racing of ATV's or Motorcycles is not permitted. This is not a nonconforming use. Amendment of Site Plan In 2006, 228 Myers Comers, LLC had an amended site plan application before the Town Planning Board. (See 228 Site Plan) That site plan was not approved for a variety of reasons. It appears from the Town's records that the last approved "site plan" was June 18, 1980.228 Myers Corners, LLC should make application to the Planning Board to amend its site plan to reflect the additional screening shown on the 228 Site Plan. No approval of the existing buildings or the material storage area is required. As required in the resolution of approval dated June 18, 1980, - parking shall be delineated on the site plan. The foregoing is the decision of the ZBA. TOWN OF WAPPINGER PLANNING BOARD DISTRIBUTION X SITE PLAN I SPECIAL USE PERMIT SIGNED RESOLUTION & PLAN PROJECT TITLE: 228 Myers Comers Road DATE PREPARED: August 21.2013 DISTRIBUTED FOR YOUR RECORDS RESOLUTION WITH APPROVED PLANS: 6 COPIES X TOWN FILE X TOWN ENGINEER ` X BUILDING INSPECTOR V X FIRE INSPECTOR X HIGHWAY SUPERINTENDENT X APPLICANT r RESOLUTION ONLY: J o TTGINA''X REUoF� Ij ORIGINAL X FIRE PREVENTION BUREAU X TOWN ATTORNEY X TOWN BOARD X TOWN SUPERVISOR X TOWN ASSESSOR _ DUTCHESS COUNTY SOIL & WATER CXi APPLICANT'S ENGINEER / ARCHITECT': _ RECREATIbN DC DEPT. OF PLANNING -Emily Dozier DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE ORTOWN %w RESOLUTION 07/15/13 TOWN OF WAPPINGER PLANNING BOARD RE: 228 MYERS CORNERS ROAD – RESOLUTION OF AMENDEDSTIL DEVE OP MEN PLAN APPR At a regular meeting of the Planning Board of the Town aPPing -OVAL of W1OVAL s County, New York held at Town Hall, 20 Middlebmrsh Road, Wa on the 15th day July 2013 at 7:00 P.M. PPmgers Falls, New York The meeting was called to order by the Chairman Robert L. Valdati and the Planning Board member attendance was as follows: Robert L. Valdati Absent Angela Bettina Present Max Dao — Present Victor Fanuele Present Marsha Leed Present Francis Malafronte present June Visconti —AUent Gal��VAL The following resolution was moved by Ma Leed Marsha by Max Dao and seconded WHEREAS, the Town of Wappinger Planning Board has received the application of Development Strategies Company, LLC (the "Applicant') on behalf of 228 Myers Corers Road, LLC (the "Owner") for Amended Site Plan approval for three existing buildings and storage areas, designated partying and vehicular circulation, along with installation of new Plantings, fencing and a refuse enclosure (the `Project' or `Proposed Action,); and WHERBAS, there are no new signs or lighting proposed as part of the Project; except that the existing free-standing sign is proposed to be relocated and refurbished; and WHEREAS, there will be no towing business operated on the site and no mw tmcks Will be present on the property as part of the Project; and WHEREAS, the t6.3 -acre property is known as Tax Lot 6258-02-702520 on the Town of Wappinger Tac Assessment Maps and is located at 228 Myers Comers Road (the "Subject Property, or "Site"); and WHEREAS, the Subject Property is split- zoned, with the norther portion in the NB buildings) in the R-40 District; and (Neighborhood Business) zoning district, and the southern portion (which includes no V 16W 228 MYERS CORNERB ROAD RE8D TIONOFAM ND DSITED V PMENT PLAN APPROVA WHEREAS, the Applicant has submitted an application form for Site Plan Approval, dated 2/3/2012; an Owner Consent form, dated 2/3/2012; a Short Environmental Assessment Form (EAF), dated 2/6/2012; a Full EAF dated (Parts 1 and 2) dated 2/6/2012; seven I1 by 17 inch -sheets containing floor plans for each tree buildings, aerial photo, other site photos and signage detail; and the following plans generally entitled "228 Myers Corners, LLC' and prepared by Insite Engineering, Surveying & Landscape Architecture, P.C.: 1. Sheet SP -1 (1 of 3), Site Plan, dated 1/24/12, last revised 5/17/13; Sheet SP -2 (2 of 3), Site Plan Enlargements, dated 4/8/13, revised 5/17/13; and Sheet D-1 (3 of 3), Details and Notes, dated 4/8/13, revised 5/17/13 (the three (3) above mentioned drawings constitute the "Site Plan Drawings"); and WHEREAS, in accordance with Sections 239-1 and m of the New York State General Municipal Law, the Planning Board referred the subject Amended Site Development Plan Approval application to the Dutchws County Department of Planning and Development (DCDPD); and WHEREAS, the DCDPD responded to the above mentioned referral which concludes that the Proposed Action was a "Matter of Local Concern with Comments;" and WHEREAS, the Planning Board has considered the comments from the DCDPD; and WHEREAS, the Proposed Action is an Unlisted action in accordance with the State Environmental Quality Review Law and the Wappinger Environmental Quality Review Law; and WHEREAS, a duly advertised public hearing on the Project application was held on July 1, 2013 at which time all those wishing to be heard were given the opportunity to be heard; and WHEREAS, the Planning 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 Site Development Plan, Parldng and Performance Standards of Articles IX, X and XI respectively of the Zoning Law, as well as other applicable laws and regulations subject to the conditions below. 2of6 V 228 MYERS CORNERS ROAD—RESOLUTION OF AMENDED aITE DEVELOPMENT PLAN APPROVAL NOW, TBEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein. Pursuant to State Environmental Quality Review regulations, the Planning Board hereby adopts a Negative Declaration on the grounds that the Proposed Action will not result in any significant adverse environmental impacts since there is no building construction involved and the proposed land disturbance associated with the Project will be controlled and mitigated through proper drainage and emsion control. 3. The Planning Board hereby grants Amended Site Development Plan Approval to the Project for three existing buildings and storage areas, designated parking and vehicular circulation, along with installation of new plantings, fencing and a refuse enclosure, as shown on the Site Plan Drawings and as defined above on the Subject Property in accordance with the provisions of Articles IX, X and XI of the Zoning Law subject to the following conditions and modifications: a. The following shall be fulfilled prior to the issuance of a Site Work Permit in conjunction with this Project: 41) The Property Owner 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. /l3) 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. i t (4) A detail for an oil trap used in two catch basins to achieve reduction 1 in pollutant loading to the on-site stream shall be provided to the VA satisfaction of the Town Engineer. (5) The Applicant shall revise the plans to include the following plan notes to the satisfaction of the Town Planner: ,,/(a) "There shall be no tow trucks parked overnight on the Subject Property." l 3 of 6 228 LAYERS CORNERS ROAD- RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL '�(b) °There shall be no towing business operated on the Subject Property." 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. 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 Planning ` Board in the review of this Project which are in excess of the application review 1r+ 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 arc 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 be made in accordance with the provisions of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown, this Amended 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 Site Work 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 Amended 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. t 4of6 228 MYERS CORNER ROAD —R SOL ION OF AMEND DSIT DEVELOPMENT PLAN APPROVAL 6. The continued validity of any Site Work Permit or Certificate of Occupancy issued in accordance with the Project shall be subject to continued conformance with such approved Amended Site Development Plan Approval. 7. 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 Chapman, 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 site work 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 Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town Highway Superintendent and Town Fre Inspector. 8. 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. Except as specifically modified herein, the Resolution of Site Plan Approval and any Amended Site Plan Approval(s) for the Subject Property adopted by the Planning Board shall remain valid and in full force and effect. 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: -Absent Angela Bettina Voting: Ave Max Dao Voting: AYe Victor Fanuele Voting: -Ay, Marsha Leed Voting: Aye Francis Malafronte Voting: A,,, June Visconti Voting: Absent The resolution is hereby duly declared adopted. ` 5of6 �h. 228 MYERS CORNERS ROAD- RESOLIMONOF AMEND D SITE D VELOPM NT PLAN APPROVAL Dated: July 15, 2013 , 2013 Wappingers Falls, New York 2&7N 'Z�Z:z 7 /3 Robert L. Vald, airman D Town of Wappinger Planning Board V 3 22V4] .rs omer8 Ro d, LLC Date Owner —T,1e mam�1.. g. /rJatyzC oe'ftg .(o The following endorsement hereby confirms that the Applicant has fulfilled all of the conditions of this resolution of the Amended Site Development Plan Approval necessary for the issuance of a S'te Work Permit. Robert L. Va J, Chairman Da Town of Wappinger Planning Board J:\WCg2OOWappingo gmyon m mad.732.pm.ammd sae pWnzw.ek.dm 6of6 Phone'. (203)372-2735 Addendum 2 ox: (203)3730844Wetlands and Watercourses '111%W Richard B. Jacobson Environmental Consultant 571 Adley Road Fairfield Connecticut 06825 October 26, 2005 Planning Board, Town of Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 Re: 228 Meyers Comers Road Dear Members of the Board: At the request of Don Walsh I inspected the above referenced site on October 24, 2005 The site wetlands and watercourses are accurately shown on the site plan which is based on the topographic survey. There are three regulated areas described as follows: • The section of the watercourse from the first driveway crossing to the pipe extending north to Meyers Comers Road meets the definition of a watercourse in the Town Code but does not contain wetland vegetation or wetland soils. It is approximately three feet wide. The soils are Udorthents (Ud). They consist of cuts and fills in disturbed areas. • The watercourse between the driveway crossings has a narrow band of upland Dutchess-Cardigan complex) soils (DwB) on the east side and a well defined fill slope (Ud soils) on the west side. The watercourse is approximately four feet wide in this location. Wetland vegetation is present including: Red Maple (Acer mbmm), Withii (Vrbumum cassinoides), Redemier Dogwood (Corms stolonifera), and Purple Loosestrife (Lythmm salicaria). • An area of wetland soils and vegetation associated with the watercourse extends to the property line and off-site to a pond on the adjacent property. A narrow, area of the wetland soil type Canandaiqua (Ca) is on both sides of the watercourse. Please do not hesitate to contact me if you have any questions. YYo/`ur`s`truly, (� Ricmhard B. J ba£o son, PW; cc: Don Walsh Peter Karis, hu ite Engineering 661 DUTCHESS COUNTY CLERK RECORDING GE RECORD & RET RN TO: RECORDED: 02/18/2004 245 MAIN ST AT: 09:10:59 STE 330 WHITE PLAINS NY 10601 DOCUMENT #: 02 2004 2925 RECElvkED P'KUM: JUDICIAL GRANTOR: PIQWON INC GRANTEE: 228 MYERS CORNERS LLC RECORDED IN: DEED TAX INSTRUMENT TYPE: DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 94.00 NUMBER OF PAGES: 4 TRANSFER TAX AMOUNT: 2,400.00 TRANSFER TAX NUMBER: #006114 E & A FORM: Y *** DO NOT DETACH THIS *** PAGE TP -584: Y *** THIS IS NOT A BILL mgiuu2i04ii4i2 9ii2 5iu COUNTY CLERK BY: RLP / RECEIPT NO: R15283 BATCH RECORD: B00147 COLETTE M. LAFUENTE County Clerk ES G� P K FAV' r y T691 t9P"kv�%n�'�n �w."., e CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 4th day of February, 2004, BETWEEN PIQWON, INC., having an office at 228 MYERS CORNERS ROAD WAPPINGER FALLS, NY 12590 party of the first part, and 228 MYERS CORNERS LLC, having an office care of Golden Age Mortgage Corporation 246 MAIN STREET WHITE PLAINS, NY 10601 Party of the second part WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the parry of the second part, the heirs or successors and assigns of the parry of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the TOWN of WAPPINGERS FALLS, County of Dutchess, and State of NEW YORK, bounded and described as follows: SEE SCHEDULE A BEING THE SAME PREMISES AS CONVEYED TO THE PARTY OF THE FIRST PART BY DEED DATED JUNE 5, 1998 AND RECORDED ON JUNE 22, 1998, IN LIBER 2011, PG 106 rHIS CONVEYANCE IS BEING MADE WITH THE UNANIMOUS CONSENT OF THE SHAREHOLDERS OF THE PARTY OF THE FIRST PART TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the parry of the second part, the heirs or successors and assigns of the party of the second part forever. AND the parry of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the parry of the first part, in compliance with Section 13 of the Lien Law covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word °perty'shall be construed as if it read 'parties' whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: v PIQWON, INC. SUSAN .FICHERA PRESIDENT LjS Z4q4 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements ✓/ thereon erected, situate, lying and being in the TOWN OF WAPPINGER, County of Dutchess and State of New York being known and designated as Lot #131 on a map entitled "Plat of A & I Parsons, Inc. Subdivision" recorded at the Dutchess County Clerk's Office Much 14, 1988 as Filed Map #8322. V v STATE OF NEW YORK )SS: COUNTY OF W ESTCHESTER On the 4th day of February, 2004, before me, the undersigned, personally appeared SUSAN A. FICHERA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whosname is subscribed to the within instrument and acknowledged to me that he execute, xecute the same in his capacity, and that by his signature on the instr'pmant, fie Intlividual, or a person upon behalf of which the individual acted, exerLxwd rJ.e I.,.FJI ...e... Bargain and Sale Deed With Covenant Against Grantor's Acts Title No. ` q 4 PIQWON, INC. TO 228 MYERS CORNERS LLC THE JUDICIAL TITLE INSURANCE AGENCY LLC 550 NI MARONECK AVENUE HARRISON, NY 10528 91438147M SECTION 6258 BLOCK 02 LOT ]01520 COUNTYOF DUTCHESS TOWN OF WAPPINGER RETURN BY MAIL TO: ALAN H. ROTHSCHILD ESQ. ROTHSCHILD 6 PEARL, LLP 245 MAIN STREET, SUITE 330 WHITE PLAINS, NY 10601 i0 • 9 9 � I