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Cranberry Hills Bills K.EANE 8 BEANE, P . C . 445 HAMILTON AVENUE WHITE PLAINS, NEW YORK 10601 (9 14) 946-4777 TELEFAX (914) 946-6868 - www.kblaw.com October 12, 2006 VIA HAND DELIVERY Honorable Chris Masterson Town Clerk Town of Wappinger 20 Middlebush Rd. Wappingers Falls,New York 12590 Re: Cranberry Hills Subdivision - Demand for Certificate of Default Approval Dear Mr. Masterson: My firm has been retained as counsel for Cranberry Hills, LLC (the "Applicant"), which has applied for final plat approval for the subdivision known as "Cranberry Hills." I write, on the Applicant's behalf, to demand the immediate issuance of a Certificate of Default Approval with respect to this subdivision. The Applicant obtained preliminary plat approval for Cranberry Hills by way of a Resolution adopted by the Planning Board of the Town of Wappinger (the "Planning Board") at a Regular Meeting held on October 21, 2002. A copy of this Resolution is enclosed herein, Thereafter, an application for final subdivision plat approval was submitted to the Planning Board on June 5, 2006, June 7, 2006 and completed on July 10, 2006. Copies of the correspondence,by which the application for final subdivision plat approval was submitted to the Planning Board, is enclosed herein. Section 276(6)(b) of the New York State Town Law provides that an application for final subdivision plat approval must, within sixty-two (62) days of its receipt by the clerk of the Planning Board, be either (a) the subject of a public hearing conducted by the Planning Board or (b) conditionally approved, with or without modification, disapproved or granted final approval. 1185/07/307838VI 10/12/06 0 KEAN E 8 BEAN E, P. C. Mr. Chris Masterson, Town Clerk October 12, 2006 Page 2 Furthermore, Section 276($) of the New York State Town Law provides that, in the event such action is not taken within this sixty-two (62) day time period, the application is deemed approved by operation of law. The Planning Board did not take the required action with respect to the aforementioned application for final subdivision plat approval within this sixty-two (62) day period. In particular, it did not (a) conduct a public hearing or (b) conditionally approve, with or without modification, disapprove or grant final approval within this time frame. Accordingly, the application for final subdivision plat approval for Cranberry Hills has been approved by operation of law. As a result, the Applicant is entitled to a Certificate by the Town Clerk evidencing this fact. This letter therefore serves as a demand for the issuance of a Certificate evidencing the approval of the application for final subdivision plat approval by operation of law. I have enclosed the demanded Certificate and request its immediate issuance. Please contact me upon its execution. I appreciate your attention in this matter. Very truly yours, Ric d L. O'Rourke RLO/j lr Enclosure(s) cc; Honorable Joseph Ruggiero Town Supervisor(Via First Class Mail) Honorable Philip DiNonno Chairman, Planning Board(Via First Class Mail) Albert P. Roberts, Esq. Town Attorney (Via First Class Mail) 11851071347838 V1 10/12/06 CERTIFICATE PURSUANT TO SECTION 276(8) OF THE TOWN LAW OF THE STATE OF NEW YORK FOR THE FINAL SUBDIVISION PLAT FOR CRANBERRY HILLS TOWN OF WAPPINGER, NEW YORK 1, CHRIS MASTERSON, Town Clerk of the Town of Wappinger, hereby certify the following: 1. The application for approval of a final plat for the subdivision known as "Cranberry Hills"was submitted to the Planning Board of the Town of Wappinger(the "Town Planning Board") on July 10, 2006, 2. The Town Planning Board did not (a) hold a public hearing and/or(b) conditionally approve, with or without modification, disapprove or grant final approval of the final plat for Cranberry Hills within sixty-two (62) days after the date of its submission (July 10, 2006) as required under Section 276(6) of the New York State Town Law. Section 276(8) of the New York State Town Law directs that, in the event the Town Planning Board fails to take action on a final plat within the prescribed 62-day time period, said final subdivision plat shall be deemed approved. Dated: Wappinger, New York October , 2006 CHRIS MASTERSON Town Clerk of Town of Wappinger [SEAL] 1185/071307869VI 10/12/06 fj 4 k. Kellard. Engineering Consulting, P.C. John KeHard, PE. VIA HAND DELIVERED June 5, 2006 Planning Board Town of Wappinger P.O. Box 324 20 Middlebush Road Wappingers Falls, New York 12590-0324 Attn: Mr. Philip DiNonno, Chairman RE: Cranberry Hills Subdivision Dear Mr. DiNonno: Enclosed please find our submission of final plans for the Cranberry Hills Subdivision. This resubmission was delayed pending our approval of wetland permits from the NYSDEC, which were issued on February 7, 2006. We have addressed all previous comments and have enclosed the following: ❑ Engineering Drawings (prepared by Kellard Engineering & Consulting, P.C.) • Cover Sheet entitled "Construction Plans — Cranberry Hills" dated (last revised) May 26, 2006 • Sheet 1 entitled "Existing Conditions Plan", dated (last revised) May 26, 2006 • Sheet IA entitled "Final Subdivision Plan", dated (last revised) May 26, 2006 • Sheet 1B entitled "Trailway and Sidewalk Location Plan", dated May 26, 2006 * Sheet 2 entitled "Phasing Plan" dated (last revised) May 26, 2006 • Sheets 3A through 3J entitled "Site Layout Plans" dated (last revised) May 26, 2006 • Sheet 4 entitled "Stormwater Discharge Location Plan", dated May 26, 2006 • Sheets 4A through 4J entitled "Grading and Drainage Plans", dated (last revised) May 26, 2006 • Sheets 5A through 5J entitled "Utility Plans", dated (last revised) May 26, 2006 • Sheets 6A through 6.1 entitled "Sediment and Erosion Control Plans", dated (last revised) May 26, 2006 • Sheets 7A through 7E entitled "Roadway Profiles", dated (last revised) May 26, 2006 • Sheets 8 and 9 entitled "Drainage System Details" dated (last revised) May 26, 2006 civil engineers a site &environmental planners 500 Main Street a Armonk, NY 10504 ® Phone: (914) 273-2323 ® Fax: (914) 273-2329 1 r J Mr. Philip DiNonno June 5, 2006 Page 2 • Sheet 10 and 10A entitled "Sewer System Details", dated (last revised) May 26, 2006 • Sheet 11 entitled "Water System Details", dated (last revised) May 26, 2006 ► Sheets 12 entitled "Sediment and Erosion Control Details", dated (last revised) May 26, 2006 • Sheet 13 and 13A entitled "Miscellaneous Details", dated (last revised) May 26, 2006 • Sheet 14 entitled "Sanitary Sewage Pump Station #1 and #2" dated (last revised) May 26, 2006 • Sheet 14A entitled "Kent Road Pump Station", dated May 26, 2006 • Sheets 15A through 15G entitled "Culvert Details", dated (last revised) May 26, 2006 • Sheets 16A through 16F entitled "Sewer System Profiles" dated (last revised) May 26, 2006 • Sheets 17A through 17B entitled "Drainage Profiles", dated (last revised) May 26, 2006 • Sheets 1.8A through 18E entitled "Water System Profiles", dated (last revised) May 26, 2006 • Sheet 19 entitled "Driveway Profiles" dated (last revised) May 26, 2006 ► Sheet 20 entitled "Pressure Reducing Valve and Details" dated (last revised) May 26, 2006 ❑ Architectural Drawings (prepared by The Office of Carol J. W. Kurth, A.I.A. Architect, P.C.) • "Floor Plan Cranberry Hills: Clubhouse" • "Elevations Cranberry Hills: Clubhouse" ❑ Copy of letter to Paggi, Martin & Del Bene LLP addressing their comments dated April 29, 2005 and June 1, 2005. ❑ Copy of letter to Frederick P. Clark Associates, Inc. addressing their comments dated May 6, 2005. As per the Board's request, we have enclosed packages for distribution to the Town Engineer, Town Planner, Highway Superintendent, and Cama Pollution Control, Inc. The Phasing, Layout, and Trailway & Sidewalk plans are also enclosed for the Police Department, Fire Department, Ambulance Corp. and School District. l j j Mr. Philip DiNonno June 5, 2006 Page 3 The following has been developed by the design team and will be submitted under separate cover. • Plan L-1 entitled, "Landscaped Entrance Designs", prepared by John P. Siaker Design Group. • Plans WM-1 through WM-12 entitled, "Wetland Mitigation and Restoration Plan" dated March 18, 2003, prepared by Evans Associates Environmental Consulting, Inc. • "Final Subdivision Plat", prepared by Bunney Associates • Plans entitled "Topography Survey - Cranberry Hills" dated April 8`h, 2003, prepared by Bunney Associates, Land Surveyors, certifying the aerial topography which was flown at the end of last year. The following plans, dated December 3, 2004, prepared by John Collins Engineers, P.C. • Sheet 1 entitled "General Notes" • Sheet 2 entitled "Typical Section & Miscellaneous Details" • Sheets 3, 4 and 5 entitled "Layout, Grading & Drainage Plan" • Sheets 6, 7 and 8 entitled "Signing & Striping Plan" • Sheet 9 entitled "Traffic Signal Plan" Sheet 10 entitled "Maintenance and Protection of Traffic Plan" We look forward to answering any questions the Board may have at the next available meeting. Thank yo . Very tr ours, Joh ellard, P.E. K aid Engineering & Consulting, P.C. JK/pg Enclosures f L . d Mr. Philip DiNonno June 5, 2006 Page 4 cc: Joseph E. Paggi, Jr., P.E. w1Enc. Frederick P. Clark Associates, Inc. w/Enc. Graham Foster w/Enc. Camo Pollution Control, Inc. w/Enc. Jeffrey Doynow Peter Cherneff, Esq. Carol Kurth, A.T.A. John Collins Engineers, P.C. John P. Slaker Design Group Burney Associates Evans Associates Environmental Consulting, Inc. P.1DOY70Morrespl DOYMORC-W appP!Bd-fi nalplan-subm-Itr-06-06.wpd Kellard Engineering Consulting, P.C. John Kellard,PE. VIA FEDERAL EXPRESS 3 June 7, 2006 Planning Board Town of Wappinger P.O. Box 324 20 Middlebush Road Wappingers Falls, New York 12590-0324 Attn: Mrs. Barbara Roberti RE: Cranberry Hills Subdivision Dear Mrs. Roberti: As discussed, enclosed please find the following from the Cranberry Hills Subdivision set of drawings for the Dutchess County Soil & Water Conservation Board: • Sheet 1 entitled "Existing Conditions Plan", dated (last revised) May 26, 2006 • Sheet 1A entitled "Final Subdivision Plan", dated (last revised) May 26, 2006 • Sheet 2 entitled "Phasing Plan" dated (last revised) May 26, 2006 • Sheet 4 entitled "Stormwater Discharge Location Plan", dated May 26, 2006 • Sheets 4A through 4J entitled "Grading and Drainage Plans", dated (last revised) May 26, 2006 • Sheets 6A through 6J entitled "Sediment and Erosion Control Plans", dated (last revised) May 26, 2006 • Sheets 8 and 9 entitled "Drainage System Details" dated (last revised) May 26, 2006 • Sheet 12 entitled "Sediment and Erosion Control Details", dated(last revised)May 26, 2006 Also, enclosed for the Fire Inspector are the following: • Sheet 1A entitled "Final Subdivision Plan", dated (last revised) May 26, 2006 • Sheet 2 entitled "Phasing Plan" dated (last revised) May 26, 2006 • Sheets 5A through 5J entitled "Utility Plans", dated (last revised) May 26, 2006 • Sheet 11 entitled "Water System Details", dated (last revised) May 26, 2006 civil engineers•site&environmental planners 500 Main Street s Armonk, NY 10504 • Phone: (914) 273-2323 a Pax: (914) 273-2329 F Mrs. Barbara Roberti June 7, 2006 Page 2 We have forwarded a set of utility-related plans to Lisa Carver of Central Hudson Gas & Electric and layout and phasing plans to the Wappingers Central School District Superintendent. Very truly yours, ne Kellard Engineering & Consulting, P.C. RC/pg Enclosures CC' Jeffrey Doynow Peter Cherneff, Esq. Lisa Carver Richard Powell, Superintendent P;1DOY7001Corresp\DOY700RC-Roberti-AdditP]ans-kr06-06.wpd r Kellard Engineering Consulting, PC. John KeUud, P.E. VIA HAND DELIVERED July 10, 2006 Planning Board Town of Wappinger P,O. Box 324 20 Middlebush Road Wappingers Falls, New York 12590-0324 Attn: Mr. Philip DiNonno, Chairman RE. Cranberry Hills Subdivision Dear Mr. DiNonno: Enclosed please find our submission of fmal plans for the Cranberry Hills Subdivision. These plans were prepared by the Cranberry Hills Design Team and should be incorporated within our final subdivision plan package submitted on June 5, 2006. Specifically, enclosed are five (5) sets of the following: ❑ "Final Subdivision Plat", dated June 30, 2006, prepared by Burney Associates ❑ "Myers Corners Road Improvement Plans", dated, last revised December 3, 2004 and July 6, 2006, prepared by John Collins Engineers, P.C. ❑ "Landscape Plan", dated June 26, 2006, prepared by John P. Slaker Design Group. The submission of these plans completes our final plan set and we respectfully request to be placed on the Planning Board meeting agenda of August 7, 2006. civil engineers• site &environmental planners 500 Main Street •Armonk, NY 10504 • Phone: (914) 273-2323 • Fax: (914) 273-2329 r Mr. Philip DiNonno, Chairman July 10, 2006 Page 2 We look forward to answering any of the Board's questions at the meeting. yours, e ;1lar;diagineering & Consulting, P.C. RC/pg Enclosures cc: Jeffrey Doynow Peter Cherneff, Esq. John Collins Engineers, P.C. John P. Slaker Design Group Bonney Associates P:WY7001CorresplDOY70ORC-W appPlBd-DesignTeamPlans-subm-]tr-07-06.wpd FROM WATKINS & CHERNEFF PHONE NO. 914 949 1106 , Nov. 12 2002 05:09PM P3 !wv-)e-?uu2 ivb ue:bl Nn Wn; V, -0,4-CLM P. 03 10/24/02 RCSOLUTIAN TOWN OF W PPINGER PLANNING 130ARD RL, CRANBERRY RMLS 332-LOT CONSERVATION SUBDMSION, RESQLLMM QE Y N PI. T AUROMAL At s regular meeting of the Planning Board of ft Town of Wappinger, Dutobess C•oi*, New Yodc,held at Town Hall,20 Middlebush Road,Woopingers lenlls,New York on ttie 2l."clay of October 2002 at 7;30 PM. Tlao meeting was catied to order by Chain=Phf4 L DiNonno and upon roll being c*lled, the following were: PUSENT, Chairman - Philio J.DiNonno Boardmembem- - Guy Gagne - Rick�iarrison Regii a Pace Juno Visconti - `,Robert Walker The fallowing resolution was nxrvgd by .;�,Kd,.�, �-f.. _ and muonded by WHEREAS, the 'Gown of Wappingar Planing;Board has received An application of Granberry Hill§ LLC (the "Property Owaer" and "Appli4ant") for Ptelirninmy Subdivision Plat approval involving the subdivision of one 322.67-sere parcel of land into 232 building lots and clubhouse, pool and tennis facilities, municipal water arld sewer earvice requiring, both ot►-site . and oMshe improvements, 3,6 miles of new roads, sail aistormwater det©ntion Md water quality treatnnant system(the"Project");and WH AS, the proposed lots will range in size from 0.24 acres(10,500 square feet)to 8.35 cores In ama and WHEREAS, the 322.67-acre parcel of land is known as Tax La 61584)4-676438 on the Town of Wappinger Tax A3*mmeat Map wA is bounded by Myers Corners Road to the south and Widmer Road to the nottb6 abutting lands held by tk,Wappinger Central School District 01, the Oakwood Knolls and Wildwood Forest Subdivision, and is located within the R-2o ResideauW Disuict(ft"Aroptrty"or"Sita")y and ; WHEREAS,the subject propetty was subjeat of aubdivisi*u-rcricw and approval beginning in lite early 1970s and was g=tad final subdivision plat approval by the Town of WaaMinger Plargt s Board in December 1923,and die fi1W plat was filed with day County Clark, Division of band Records;and WI"IGEt.I?AS, as part of that approval a total of M building lots wore created involving attnthed taxi detected single family units;and FROM WATKiNS S CHERnJEFF PHONE ND. 914 949 1106 NOV. 12 2002 05.09PM P4 NOV-12-2002 TUE 0252 Pfd WAPP, 'OWN-CLERK 8452981478 P. 04 CRANBERRY HILL$'W-LCT CLUSTPA 8U13t1IV1S10N RR„gCl1,MON of Atte✓[I [NARY a QlVi jQN PLAjdPPRQYAl- WHE1xEAS, said subdivision vas nevex dovelop6d W conmuction was never initiated; and WFIMMAS. as port of said subdivision. three p*,ols of lore= were offered for dedication, two part els totali=ng$.1 acres in ar=ea to the Town of Waponger In the vicinity of the narrow strip of lnnd.enttending south to Myers Corners Road azul om ori the north side of Ketcham High School propgW owned by the Wappinger C4ntW School Dievict;land VAH EREAS. 1 27.88 acres of land was proposed to be dedicated to the Wappinger Centred School District as part of the original subdivlsioi plat approval, but was never amptcd, and the same parcel has boon offered again to the School pistriot; aro WHE1tEAs,if said parcel is dot swepW by the School District,the Applicant leas stated that such lands will be incorporated into the adjacent buil4itng las;and WHEREAS,in )anuwy of 2002,the Applicant officially abandow d the S50 building lots wO the property is oow two-building lots totaling 322.67 nares in area;and WHEREAS, as part of the current application, Ian addditionml �- 1.92 ams of the total 322.67 acres Is proposed to be consolidated via a lot line r_djusnx»t to the an adjacent property owner (Villa Riopobonno, Inc.) to roctify existing enAmachments of a puking area for the adjacent nonconforming restaurant business on the suhjeri property;and WHEREAS, a significtutt portion (roughly 18 :acres, 63%) of the lands offered for daiieation to the Wappinger Central School District ogntain New York 9tatc Departmcnt of Environmenut Conservation(NYSDEC)wetlands;and ' WHEREAS, less than 7 ocroa (loss than 25%)of the property is located outside of the NYSDEC 100 foot regulated buffer area,And a oonaiderable portion of said 7 acres contain areas of'steep slopes;Brut WHEREAS, the Town Engineer raised concorrns tezarding the possible use and development of the proporty due to the drainage of tins portion of land directly toward the Oakwood Knolls dcvaloptnont which dtvelopmant suffers fibm regular and considerable flooding;and WEAS, the laost plans separate dminage. =from all arta to be developed froth dmi4iog directly to the Oakwood Knolls Stibdivision by network of proposed baokyard swales end storm piping(behind lots 120-130),and them&re,at post-development flows ass diwmd to the west and do not drain directly towards the existing housing in the area of the Oakwood Knolls Water Plant; and WHEREAS,its it result of these propoutl land tren;fcrs and drdkadom.the total size nfthe residential subdivision portion of tho Project totals 292.7 aures;and 2 of 1 l FROM : WTKINS & CHERNE.FF PHONE NO. 914 949 1105 Nov 12 2082 05:09PM P5 NUv-l -CUU� 'CUE U�,53 !'M 4iRPP.T0�11�-CLERK 8452081478 P. 45 .CR►N9F-ItKY HILLS 232-LOTCLV9Tn SUBDIVNION "SOLUTION OF MMUWAU 8Ut0tvts MJ PLAT AP 1' MEAS, the 792.7-acrd project site is com.oised of 234 acres (8% of the site) with slopos berween 15%avid 25%and*4.5%Acres of land w�h slopes exoocding 25%(3%of the site); treed WKREAS, the project site contains a total of f 70.01 acres(24%of the site)-of wetlands regulated by the Army Cotes of Enginoers(ACDF)and*X4,10 acres(20%of tho site)of wctlands j regulated by the NYSDEC—portions of WF-2,WF-25 as NAT-34;snd WI1LR W. them has been dumping of vehicles batteries, drat;, appUsnaes,and general refuse on the property, and penises of the property halo also been used as a firing range,, but such dumping or use has not been umetioned or authorized by the Applicant-,twd WHEREAS, in response to discussions with the Planning Board and Initial mutual interest on- behalf of the Planning Board and the Applicant, tM Applicant is ptoposiag a Conservation (cluster) Subdivision Plan as defmW in abcordenee with 278 of Town Law and Section 240-193 of The Town of Wappinger Zoning' Law which requires Town Board authorization by local law;and WHEUAS, in order for the Planning Allard to approve a Comervation Subdivision pwrsmm to Section 240.19,the Town Board mast Arm aythorize the Placating Soad,pureuaat to Smfion 279 of Town Law, to modify the provisions of the Zoning Law to approve a Cor Ovation Subdivision by local law(the"Conservatioi Subdivision Authorivatlow);and WHEREAS, the Town Board Conservation Subdivision Authorization is an action subject to SEQILA and, as part of its coordinated ravl6y as Lead Agency, the Planning Board adopted it Negative Declaration on April 29, 2002. which determination of significance: is binding upon all involved agencies in accordance with SEiQR; and WHEREAS, the 232-lot Conservation Subdivision will require dinubarce of* 116.3 - acres,includiq_+3.61 acres with slopes greater than I$%associated with road cora motion,f 0.57 acres of ACOE regWatcd wetlands,t 0,21 acres of NYSDIi<'C regulated wetlands aid*2.7 ici+as of NYSDEC.reguleted wetland buffer, including apM)i0iately 114 feet of NYSDEC wetlands atroscines and im-additional 200 toot long crossing in me Federal wetlaricl, tacluding additional site di3turbancc as a result of the Was Corners Road access;aid WHEV,EAS, the Tows: Board and the Planning ;Board acknowlodged that if had been demonstrated that the intorsion into the wetland areas'would be approved by the DEC and determined that the proposed Conservation (cluster) Strbdivisioo is the most berieftoial way to &velop tht property consistent with geed plarming aid zoning praetloea told sensitivity to environ mental eomiderations;and i WHEREAS, Conservation Subdivision Authorizition was requesW by the Applicant's letter dated April 16,2002, and the Applicant made its iun�tial presentation to the Town Board on April 22,2002,a second prewpution and discussion on Jnc 19,acrd i 3of]l I FROM : WATKINS & CHERNEFF PHONE NO. : 914 949 1106 Noy, 12 2002 05:10PM P6 1`O-I&dQUe lUd Vl,�3 �Il MM '1UW4-UUXK 8452881478 �8 CRANBERRY KILLS 232-LOT CL mik suaD(v1sloN US LLITION OF PRE,L1MtNARy„y 1J80W9;QV.V .AT 6QPR(7IVAL- WHEREAS, on July 1, 2002, the Town Board oisaussed A draft local law granting the Conservation Subdivision Authorization based upon the;prinoipals and conditions disousscd RM agreed upon by the Town Board and the Applicomts of the June 19,2002 meeti+ag;and WHEREAS, based upon objections by the Applicant, said IN41 law was not introduced u drafted or tchoduled for a public hearing as plataat the July 1, 2042 mfttin&, and the discussion was adjourned to August 5,2002;and WHEREAS, on August 5, 2M2, the Applicants submitted and presented additional buiildinS elavetions and model house designs to address concerns of the town Board regard-ing the variety of Crouse styles, and the appearance ad chuaeter of the conservation de 1opment as proposed;and VMRBAS, the Town Board scheduled andndwtcd a special meeting WM the Applicant on September 12, 2002 to discuss the approp -rata condhlatls and requirements of the draft local law, including architectural review and hotme �tylca and a minimum number of nwdcl house styles for the project;and WHEREAS, al its September 24. 2002 meeting. the Town Guard 1nu%)4wed a revised local law. No. 14 of 2002, wherein a public housing on said Local Law No. 14 of 2002 was scheduled for Qcttlber 15,2002;and W11BREAS,the Town Board opened the public caring on proposed Local Law No. 14 of 2002 on October 15,2002, and after giving the oppoOhWty of all those wishing to be heard, closed the public hearing on that date, and by resolution dated October 15,2002,the Town Board granted Conservation Subdivision Authorizadon to the Planning Board to permit a Conservation Sub4iviWon subject to certain conditions set forth thmin::acid WHEREAS, tics; conditions of Local Law No. '14 of 2002 require a numbat of modifications and mquiremants tc the proposed 232.4t Conservation Subdivision, ineluditog construction of a road to Myers Conn, Rand;and : WHEREAS,1he Pknning Board evaluated the fallowing one(1)sheet of plaits in support of the conveMohal lot layout plan: 1, "Zoning CoMpliance Irian," dated 1119100, last revised 9117101, pVftred by Kellard Engineering&Consulting;and WHE REAS, acid plan was reviewed to evaluate tjte feasibility of a 269-lot oonventional subdivision solely for the purpose of determining the a;rnaximum lot oount in support of the, pmpowd 2324ot conservation subdivision proposed by the Applicant,as required by Section 240- 19,E of the Town of WaWirlgor Zoning law and Section 279 of Town Law,and WHEREAS, said Plan contained only enough drat 1 and information for the purpose of establishing a maximum lot count but did not contain 1h4 level of detail and information that 1r retired for the approval 6F it conventions;subdivision plot; and 4of11 i FROM WRTKIN5 & CHERNEFF PHONE N0. : 914 949 1106 Nov. 12 2002 05: 11PM F7 nwr ,c'CUVd Wt Ve,34 rn Wise, IUM-ULEX8452981478 p, 07 C1tANBERRY HILLS 232-LO'r CLUSTER SUB VIStON RUMUTION WHER4AS, by resolution dated April 29, 2002,�the Planning Board adopted a Negative Declaration with respgot to the proposod 232-lot Conservation Subdivision plan in accordanoc with Article 8 of the State E,tiAronntcntal Conservation L aw and 6 NYCRR Part 617.7(c)i arta WHEREAS, proposod access to the 232-lot Co�sarvadon Subdivisionwill be provided from two (7)-locations on Widmer Road and, as require4 by Local Law No. 14 of 2082, a third bastion'via p road connecting to Myers Comers Road;and VUMkF,AS,a total of 3,6 miles of new road 24 f et in width,is proposed to by oonsttvoted to serve this proposed 232-lot Conservation Subdivision;clod WHEREAS, the property lies within the Wappi4er Cranberry Hills Water ImprovtmQnt Arm and waiter supply for each of the proposed 232 lots-and pool!clobhoure facilities would be provided by a now connection to the proposed Wappingcir Water Improvement— 1999-ZR;and WHBRFAS, ft preliminary subdivietatt plans Were referred to the Dutehess County I)opa:Mrent of Planning acrd Development (DCDPD)x4ft DCDPD oommontod by 4ettor dated It= end reoomraended that the Planning Hoard'rcly neon its own sWy of the facts with due omidem ian of a number of issues, namely: (1) '*= Board should Consider recongpdrig the proposed ca1-di�-$ac (Road "H„)to allow for a Aitin toad connection to NYS Route 9'; (2)" Roard may want to provide a trail wobection between te Cranberry Hills development and the WildwoW Forvsi subdivision to the north";(3)"to allow pede9tzWu safa travel,the applicant could provide sidewalks along the major mads within the idcveloprnerW',- (4) .yo facilitate trails throughout the developrow,the roar tot line of each pa me could be roconfigund to oonfann to the NYSDEC buffer around each state desip med wetland";apd(5)''to applicant has looted the pool and clubhouse in the patb of the existing overhead utility vires[and]should vmrk with the Board to provide ample screenit>g to rodgoe the visibility of the wires on,tbe users of these rMutiouad facilities"; ' WHEREAS, said 'issues were addmmd'by the Plapning Hoard in the course of the review prooesa;and WHEREAS, the Applicaht has submitted the following reports, studies, and plants In support of the 232-lot Corisetvation Subdivision application: 2. F11 Lrnviroamental Aswesmont Form(karts 1,2 No 3)last revised May 20,2002: b. Traffic Impact Study elated Junc 2004,prepared by.Inlet Collins Engineers.P.C.; C. Suppletneital Traffic Fivaluation doted S4ptembtr 17, 2001, proparod by John Coffins F,11oncom P.C.; d. Supplemental Traffic Rsport dated October,IS, 20Q1, prepampd by John Collins Engineers, 5of11 ,t FROM WATKINS & CHERNEFF PHONE NO. : 914 949 1106 Nov. 12 2002 05:11PM P9 NUV-1�-2UU2 TUL tli'-bb PM WAPP. TORJN-OLERK 8452981478 ?1 ' D8 CRANBERRY MLL5 232.1.OT CLUSTER SUBDIVISION RP49LOTION OF Pk9tLMjNA pe" e. Wetlands Assessment Report, including overall Nvetlands map, and wetlands mitigation report,prepared by lEvana Awociat4i,Inc.and dat44 April 2002, last revised May 20,2002; L Phase lA Archaeological Sensitivity Aesessmopt 4 nd Phan 113 Archaeological Field Investigation Report dated January 2002,and a 1%n 2 Archaeological Survey report dated May 2002,prepared by Hartgen Archaeological A sociates,Inc,; g. Drainage Analyais for Cranberry Hills Subdivision dated Marek 2042 and the following ply,Mpared by KeSlard Engineering 8t Cotrsult ,and last revised June 18.20M,unless otherwise noted' 1- Shoct I entitled"Existing Conditions Plan''; 2. Sheet 2 ea4ded."Phasing Plan'`; 3. Sheets 3A-L entitled"Situ Layout Plan"; 4. Sheets 4A L entitled"Grading and Drainap Plan' S. Sheets 5A&B entitled"Erosion Control P an"; 6. Sheets 6—9 aatided"Roadway ProFrles"; : 7. Drawing WM-1, "Wedand Rutoradort and Watbmd Buffer Mitigation Arm -- Cranberry Hills", dated 4126102, prepared by Evans Associatm Environmental Cowulting,kc.;and VL' EREAS,the subject plans were last revis, i by the Town Engineer by mamorrundtrm dated August 14, 2002, which nwwortutdum included rrefh nes and atmdunetrts to prior roview mcmorandurns and related corresxmdence;aA4 WHBREAS, the Placating Board finds that the;pr o%cd Conservation Subdivision is cotnsistrent with the reguirod fundings of Section 240-193 oftbe.ming Law;and WHEREAS,a duly advertised public hearing on the project wu opened June 4,2001,and said hewing was adjourned to several additional meetinO of the Planning Board at V&ich times all those Wishitng to be heard were given tho opportunity to be heard;and W14ER.EAS, there were no substantive presentations or diwusslons or publio comrrrants At several of the adjourned public heariAjgq;and ; WHEREAS.tlha public hearing was closed on Octpbcr 1,2001; and WHEREAS, tree Applicant has been granting extonsiotu to the 62-day period from the. close of the public heating up to and including October 21,2002;and WHEREAS, based on plans last revised March 8,2402 od amended EAF and supporting materials dated April 26, 2002, the Pla*ng Board adoptpd s Kegative Declaration by teaolution adapted April 29. 2002;and 6oflt FROM WATKINS & CHERNEFF PHONE Na. 914 949 1106 Nagy. 12 2002 05'. 2PM P9 guy-I i'��l�U� i sir U�i yb NS"1 MR. 'JUWN-U0K 84 5 M 4?8 h 09 CRANBERRY MLL5 232.T:UT CLUSTERStFeDtV1SION PLAT AP29QYAL WMPLE S, the subdivision plans were aubmquontly revised to provide more detailed engineering pad nfi nament to the subdivision layout,dmipage,txfmutrwtion phasing and protsedon of wottands from residontiel encroachment,among attwr things;and NOW,TflfMFORE,BE IT 1XSOLVLD A5 FOLLOWS- 1, The Naming Board hereby adopts and hworparates the recitations and statements set forth above as if dolly sot forth and resolved herein. 2. The Fixudrng Board hereby finds that a proper case exirta for requiring that additiotaal purldonds be suitably located for playtrotutd an4 other mcreatianal purposes within the Town of Wappinger, since, its =ordance with the,Land Subdivision ltegttlations, 231 new building lots will be created`within the Town of'Wappinger as'a result of the 232-lot subdivision, and flulhet,that lands 4pproprlaw for reservation for recteational purpmo do not exist on site ond therefore fee in lieu of the reservation of land for recreational purposes in the anmunt of$346,500 ($1,500 for each of 231. new building lots) will be required as a oorAtion of Final plat approvaL 3. The Planning Board hereby grants Preliminary Subdivision Plat Approval to the Applicant for the proposed 232-lot Conservation Subdivision ae herein defined subject to the fallowing conditions and modi#lcati must be satisfied prior to submitting an application for Proal Subdivision Pla approval: a. nc Applicant shalt prepare a tinai sobdlvls op plat in accomMoo with Appendix A, Section A-5 of the Town ofWappinger Lama Subdivision Pagulations. b. The Applicam shall submit a statement signed by the'rown's Tax Collector that all taxes due on the subject property have been.paid: a. The Applicant shall sccute all nwassmy pe'rarn is from the I?uwhws County Health Depattment (MID) for the sewage disposal OM water supply facilities for each phew of oonstruction as approved and endotsed far filing by the planning Board. d. The Applimt shall address all comments containml in the Tawe Engineer's August 14, 2802 mawrandutn to the Plafming BoaM, to flit satisfaction of the Tom Engineer and to the satisfaction of the Plarming Board. G. The Applicant shall N1011 all conditions of Local Law No, .14 of 2002, entitled "Audwrizatiott to Planting Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC," as set forth and oontaftied therein to the satisfaction of tete Town Boord, the Plarttthis Board and the'i`own's consultants. f. The plates shall be revised to cmte a tragi system pian t1mvughout the property inoludlttg the ope a apace, residential surd oonservtition eawment portions, and itwiloding connexions to the high yohaoi, wetiwWs, hilltops, scenic areas, Wildwood, existing trails, maintawmo. •materials, construction, etc., bo the 7 of 1 I FROM WATKINS & CHERNEFF PHONE NO. : 914 949 1106 Nov. 12 2002 05:13PM P10 WY-12-2M '11A U2.bU NM WAPP. TOWN-CL ERS{ $46 9914fi8 P. 10 CPANSErRRY HILLS 232-LOT CLUGTER SUBDIVISION PLAT A2PR ! satisfaction of the Planning Board. The Alam shall include mid-block pedestrian comeeboris and easaments to facilitate pedestrian movamcnt through the development to sidewalks,streets,trails and paths,where deemed appropriate,to the satisfaction of the Planing Board.The sidowatk system shall bo extended to inelude the southern 6W of Road B.Tie trails should irtolude the right-of-vmy parcel off the end of Road B. S, The road profiles, grading, sediMhlatiod attd erosion and utility plane shall be nnrised to show the design of a possible road extension of the southern end of Road B to the satisfaction of the Town Engineer'Town planner and Planning Board Said road extension shall be rough gradod to tho propertq litre during the conouctlon of Read ld. h. The plat and plants shall be revised to include a miring ectuformanee schedule with minimum yard and setback roqukernatts fvr the throe pdrnary lot sizes based on lot width,inahxling maximum permitted esta eachments far front and side porchas into the misaimurn yards,all to the satisfaction of the Plaridag bard.Final dimensional rewitements shall be establish6d by cher Planning Board as part of Final Plat Approval. L Now shall ba added to the plat statists that no building permit on any lot shell be issued unless and +ascil all wedand regulated stress h2ve beets srutireyed and staltod in the field for that lot, and inspected by the duly authorized n V resentative of the Town w ensure appropriate protection of the wetlands r}nd their Aaeent areas. �. The Applicant sha11 comply with all requirernentt and local laws and regulations of the Town of Wappingcr except as sped fleally waived or modified herein or by subsequent action of the Planning Board. k. The Applicant shall prepare deed restrictions and HOA bylaws meeting the utisfaction of the Planting Dowd, this Town Attorney,Town Engismer arta Town Plaraw enovding that the required permsr aunt barriers and cluing and wading limits are maintained,completed prior to tlse issuance of a certificate of occupancy for the applicable,lot,and respocted in petpetoity. 1. The Applicant shall prepare alternative grading pinus for side slopes meeting the 3:1 policy of the Town as well as steeper'sida slopes of 2:1 for oorWderation by the PlarWng Board its an effort to minimi a disturb$nc-a to areal of wetlands Arid stream crossings and steep slopes. . rn. The Applicant shall evaluate tate impact of the proposed excavation of the ACOS wetland for$VITA tel upon the grounAwaier elevation and its impact upon nearby NYS DEC Wetland WF-34, to the sati*etion of the Planning Board, Town Ensitacr and Planning Consultant, 8ofil r FROM = jWA M K I & H ERN5FF J` r l� wrlr rim I Vl4:ONE% NO. ` 914 949 1106 0l N l ii Nov. 12 2002 ���13PM I'll CMNDERRX BILLS 232-LOT CLUSTER 3Cl't3MISION n. The streetsealae plans Including Cre,-hydrant toeatforrs,—streetlighu rnd Specifications, stmi trees, sidewalks and curbing detruls, for oath of the several different types of areas and housing density of the 'developrnent, shall be E submitted by the Applicant and shall melt the satisfwtion of the PJ&Mling Board, as required by the Town Board pursuant to Local Low No. 14 of 2002. Curbing shall be concrete and sidewalks shall be a minimum width of 4 feet. Street lights shall be high cut-off, low hotizooW glaic fixtures. That power and illurninotion patterns shall be submitted to the satisfaction of the Planning Board and the Plettlnfttg Consultant. Street trees shall be required, on average, at a minimutn of one-and-ana-Mf trees per street fsonuge for each lot with 100 feat of street frontage or less and two trees per street frgatage for each lot with a streei-fronrage greater then 100 feet, The pians shall be amended to provide planting details, speeiea, size and pluement standards to'thc satiofaction of the Planning Board, Planning Consultant,Town Engineer and T'ow4 Highway Superintandeot. a. The Applicant ,ball prepare a list,of t*quosW waivers of Town standards for highways and Land Development Regulations, ad Zoning raquiremccits. Construction drawings shall be revised'.to provide conforming and proposed alternatives to the satisfaction of the Planning Board and Towyn Engineer. P. The Applicamt shall provide a certification or all boundary and topographic surveys and shall provide an updated topogmphic survey, certified by a licensed land surveyor, for the moss where tho project abuts developed arca, and existing strseWirnprove me4ts, including all improvements,wells, septic systems, utilities, to the satisfaction of the Town Engineer arld the Planning Board. The survey shall include all improvements and topography; within $0 foot of the right-of-way of My+ors Corneas,Road for a dlstMee of 650 foot of the Property's frontage on Myms Corners Ro"Intersection and stopping sight distanecs°and profiles shall meet rhe satisfaction of the Dutchess County Dcpan meat of Public Works. q. The coamniction plang and erosion and: sedimentation control plane shall be revised to increase the minimum length of the gtabilizod construction entra rtcea at each road to a Icngth of at leasi 100 feet. T, The plans shall be revised prior to ruW At approv4i fbr Phase 313, to depict the parcel of land at the end of the cut-de-sirs of Road 1'1'," currently identified as "1.855 AC. OF LAND TO HE APPORTION91) TO VILLA RICCOBONO, NC." as either; (1) being transferred by,We to the owners of the Riccobono property via, a lotline realignment, or (2) being split in two and marged with the adjacent Wts 166 and 167. G. The construction plops shall be revised t6 locate all proposed gas, electric and telephone utilities based upon consultntipn with the udUty comparlles to the, satisfaction of the Planning Board. All uOi itles ¢hall be placed underground, A nate tb this effect shall be placed an the plat. Extra conduit pipe shall be placed to ac cotnutodate the Installation of addidonal:future utilities such as fiber optic aside O. 106 FROM NU TINS U CHER U�F�ti )✓� URi}i', SPH CLERK ' 914 949 1 l�a��se1G7� Nov. 12 2002 ��5114PM P12 CRODERRY FULLS 232-LOT CLUSTER SU9DiVISION OF L wit aid requiring disturbance to the roadbed. The location of thcae utility lines stall be coordinated with the outer required improvements to the satisfaction of the Town Engineer and Highway Superintcndrnt. L The boundaries of the proposed eotasei'vation easements shall be rovisrd to include all portions of the NYS17EC 100-fhot regulated 4accnt bttfl'er coca. except wily where expronty waived or nmodifiicd by the Planning Board during Fuel Plat Approval. U. The grading and site layout plans shall bF revised to identify the areas of slopes between 15 sand 25% and in excess of 25%. 'The plans shall be revised to avoid disturbame of and constroajon on such:are:as of steep slopes to the maximum extent praoticable and to the satisfaction of the Planning Board. V, The Applicant shall establish Ughting, sidewalk,curbing,drainagb and, ifmquired by die Planning Board,it park district(s), to tho satiefactioa of the Planning Board and the Town Attorney. W. The Applicant .9tall submit a plan for-the designtla>zdseaping and on-going maintenance by the HDA of land abutting the Myers Cometts Road entrance and the two Widmer Road entry es to the- subdivision, inoluding wW ateasuo agreements, deed restrictions or easemonts, to the satisfaction of the Town Attorney,Town Pluadng Consultant and the Planning Board. d. Pursuant to Section 217-12.7 of the Subdivisiots Regulations of the Wappinger Town Cotte, and 276.5(h) of Town Law, within six. (6) moatho of the approval of the pretimitmry.pla; the appliceau rnuet submit the plat in final form. If such plat is not m submittal,approval of the preliminary plat may be revoked by the Planning Board. S. In acoordanoc with the Town's Schmlulc of Fees,alae Appltcatnnt shall be responsible fnr the payment of all application roview fees lr wued b� the Planning Board in review of this Project which are in excess of the appGc ation review fees paid by tho Applicants to-date. Such fops shall be paid within thirty(30)days of the notification to the Applicant that such fees ane due. If such fws are not paid within rhis:thirty (30)day period a,nd tm extension therefor has not been granted by the Planning Board, this resolution shalt be rendered null and void. Rehinds of any remaining funds within the escrow account for the applioations will not be made until six(6)rnnonths after the ftling.of the subdivision plat. 6, Tlic Planning Board Chi irman shall 4ndorse a copy of this resolution certifying -its oortectrtess. The Applicom shall stlso sign a copy of this resolution titter it has been initially endotsod by the Chairman acknowledging his receipt of a oopy of the resolution!. When all of the conditions as set fortli above have bora satisfied. a copy of the preliminary subdivision plat, ravind as necessary,shall be subinitred far endorsement by d* PIAM.'hg Board Chairman,certifying that the plans comply yr th the tm=of this reBolution,at which time,the Chaitanan shall also endorse this resolution in the space provided below,certifying that the Applicant lam complied with the above con4itions of preliminary plat apptovat. 10 of 11 FROM bATKINS & CHERNEFF PHONE N0. : 914 949 1106 Nov. 12 2002 05:14PM P13 NOV-12-2002 TUE 02:58 PM WAPP, TOWN-CLERK 645961473 13 CMWBIEN Y HIL"232•LOT CLUSTF1 SUBDIVISION RIMULTION OF EULMlA$ 1lBDIVTRION PLAT AAPAQVL 3 ' The question of adoption of the farcgaing tesolUdOnWas duly put to a vote on toll call,which >tmaultod as follows: Philip I.D1Nonno,Chaimmn Varing: GUY Csagn Voting: Rick Harrison Voting , Regi pace "Voti4: June viwond Voting- Robert Walkor oting:RobertWalkor vo*W , The resolution is hemby duly declared adopted, Dated: October 21,2002 Wappingers Falls,Now York Philip].DNoww,Chairman Date Town of Wappinger Plowing hoard Ctanbeny MHz LLC Date Owner/Appfimt The following ondorscment hereby confirms that the Applicants have full11led all of the conditions of this resolution of Preliminary Subdivision Plat approval, Philip J.DiNarwa,Cheirnim ; base T, 1.14oat2=0%* ppinpAmberry Ix 64anbay.pm.prelim.40hdififtacccpud,rcv dk+v.dac 11 of 11