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Klein & Alexander- All AngelsTee. 297-6257 March 16th, 1982 Mr. James A. Klein James A. Klein, Inc. Old Hopewell Road - RD 4 Wappingers Falls, NY 12590 Mr. David Alexander Dave Alexander, Inc. New Hackensack Road Wappingers Falls, NY 12590 RE: Klein & Alexander Subdivision - 7 Lots off All Angels Hill Road Gentlemen; At the March 15th, 1982 Planning Board meeting, a motion was made by Mr. Parsofts, seconded by Mr. Mills, to readopt the following resolution and authorize the chairman to sign the plat: WHEREAS, an application for final approval of a subdivision plat entitled "Subdivision Plat - Section 1 - Klein & Alexander, Town of Wappinger, Dutchess County, New York" was received by the Town of Wappinger Planning Board on August 4th, 1980, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Mill Street, Wappingers Falls, New York, on August 18th, 1980 at 8:00 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Wappinger have been met by said subdivision plat and application, except as noted below, and WHEREAS, the conditions of the preliminary approval of said subdivision plat, granted by the Town of Wappinger Planning Board on December 17th, 1979, have been met, except as noted below. NOW, THEREFORE, BE IT RESOLVED THAT the application of James A. Klein and David Alexander for approval of said subdivision plat, prepared by Richard G. Barger, P.E. & L.S., and dated July 11th, 1980, be approved subject to the following conditions, and that the Chairman be authorized to endorse approval on said subdivision plat upon compliance with said conditions by the applicant, which conditional approval shall expire six months from the date of this resolution if the applicant has not complied with the conditions set forth. PLANNING BOARD TOWN OF WAPPINGER TOWN HALL. WAPPINGERS FALLS. NEW YORK 12590 TE:.. 297-6257 Klein & Alexander Resolution -2- March 16th, 1982 Upon completion of all requirements set forth in the action approving the Subdivision Plat, the Plat shall be properly signed by the appropriate officers of.the Punning Board, and shall be filed by the applicant in the Office of the County Clerk in accordance with the requirements of Section 278 of the Town Law. Any Subdivision Plat not so filed within sixty days of the date of Planning Board signature shall become null and void. 1. The following improvements shall be required: A. All storm water shall be conveyed by pipe to natural drainage courses. B. Standard street signs will be required at each, intersection and temporary signs shall be installed during construction. C. Street Specifications shall be those presently in effect. D. No open streams will be permitted unless permission in writing is obtained from the Town of Wappinger.Highway Superintendent. 2. Land as indicated to be deeded to the Town shall be dedicated to the Town and the deed to this parcel shall be accepted by the Town Board prior to the signing of the plat. Monuments shall be installed at the angle points of the boundary.lines of the land. An easement to.provide right-of-way access to the. area shall be given to the Town and the same shall be indicated on the final subdivision plat. 3. Inspection fees for the storm drainage lines shall. be paid prior to the signing of the plat. 4. Downstream drainage fee of $200.00 per lot on the final plat shall be paid prior to the signing of the plat. 5. No structure is to be built where the lowest opening (windows, doors, garage doors, crawl space, etc.) are lower that two feet above the road surface unless approved by the Town of Wappinger Highway Superintendent and/or the Engineer to the Town.. PLANNING BOARD TOWN OF WAPPiNGER TOWN HALL WAPP3NGZRS FALLS. NEW YORK 12590 TM, 297.8257 Klein & Alexander Resolution -3- March 16th, 1982 6. Regulations regarding footing drains and roof leaders shall be those presently in effect. 7. in subdivisions with underground utilities, the developer shall contact Central Hudson, New York Telephone, the Town .franchised cable tv company and the Town Board to negotiate an agreement whereby cable tv facilities will be installed with underground utilities. Should.these negotiations be un- successful, the developer shall provide a statement indicating why agreements to provide cable tv service could not be reached prior to the signing of the plat 8. Prior.to the issaun.ce of any building permits, a bond of sufficient amount for the road and drainage system, in a form approved by the Attorney to the Town shall be approved. and accepted by the Town. Amount of said bond is to be determined by the Highway Superintendent and the Engineer to the Town and _ shall be approved by the Planning Board. 9. The developer will be required to keep.:the roads of the subdivision clear from snow and ice and the roads otherwise passable until such time as the roads have been accepted by the Town. Upon failure to do so, the Town may authorize after determining that an emergency exists, a private contractor to clear the roads or make the roads passable, and the expense of such work will be assumed by the developer. 19. Deeds for road and any other easements to be dedicated to the Town shall be submitted for acceptance prior to the signing of the plat along with receipted tax bills to insure that title is clear. 11. At least.two street trees of the Sugar Maple variety and/or the Evergreen typeshall be placed on each lot. These trees shall measure at least two inches in diameter at a point one foot above ground planting level. Said trees shall not be .located in the street right--of-way. Location.of the trees shall be shown on the individual plot plans. PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-6257 Klein & Alexander Resolution -4- March 16th, 1982 12. Approval of the Dutchess County Department of Public Works on the entrance on All Angels Hill Road shall be obtained prior to the signing of the plat. A work permit would have to be obtained prior to the issuance of any building permits. 13. Approval of the road plan and profile and profile and plan of the drainage system shall be obtained from the Engineer to the Town and the Highway Superintendent prior to the signing of the plat. ' 14. Drainage flow patterns shall be indicated on the individual plot plans. For any surface waters that discharge upon properties of other persons, the applicant shall obtain letters from the same allowing such discharge. 15. Five copies of the filed map shall be Submitted for Planning Board files. -;:;Said copies shall be obtained from the County Clerk's office. VOTE: Victor L. Fanuele - aye Donald J. Keller - aye Calvin Lawrence aye Charles P. May aye James Mills, Jr. aye William Parsons aye Jay D. Rubenstein aye The motion was unanimously carried. Very truly yours, (Mrs.e ty-Ann Russ, Secretary Town 9wappinger Planning Board br CC: Richard G. Barger, P.E. & L.S. Kenneth T. Croshier, Acting Highway Superintendent Dutchess County Dept. of Public Works - William Bathrick Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Edward Hawksley, Conservation Advisory Council Rudolph E. Lapar, Engineer to the Town Fire Prevention Bureau Recreation commission Elaine H. Snowden, Town Clerk TOWN OF WAPPINGER SUPERVISOR'S OtzrricE MILL. STREET WAPPINGERs FALLS. N, Y. 72590 LOUIS D. DIENE MEMO TO: Town Clerk Town Board Members FROM: Louis Diehl DATE: May 1, 1981 RE: informational =Update On Thursday April 30, 1981, Mr. Lafko, Mr. Fulton and a gentleman, who when I asked represented himself as from the B.-.C.I., I did not re-- quest identification and stated; certainly, you can see approved map of Klein-Alexander sub-division, the Town and my office has nothing to hide. :''B.C.I. representative visited my office and in answer::to:.a quesAion: I responded, Mr. Alexander had advised he had given ^permission for the map to be signed in his absence. Mr_. Alexander also came to my office prior to this visit (sometime approximately 8:30 A.M. and 9:00 A.M. April 30, 1981) and officially signed map in my presence. i requested evidence .in writing from Mr, Alexander, supporting that he gave permission for map to be signed originally, at which time Mr. Alexander was not available. -Mr. Alexander agreed he would provide this statement. Later this date in P.M. hours I received telephone call.s.from news media with question; why B.C.I. was investigating a signed map.' I refused answer other than a "NO Comment" many times. My reason being someone was attempting to distort.the ,story and someone was attempting to discredit my office and the Town of Wappinger. The news media refused to give source of who called.them and what was said. This office has always provided w1atever information requested of it from all individuals and press. I art► appalled at this apparent attempt by individuals to plant a seed of doubt when this office or Town was visited by a B.C.I. officer in regard to an signed map. The map (sub-division) so concerned, is an approved map by the Town of Wappinger and Dutchess County Health Department and has been and is in my possession for many weeks. TOWN OF WAPPINGER MILL STREET WAPPINGERS FALLS, N, Y, 12590 w LOUIS D. DIEHi. - SUPERVISOR - Page 2 Informational Update May 1, 1981 . Knowing well the .individuals concerned, I specifically called a Special Meeting of the Town Board to eliminate possible questions. The meeting is to legally and officially instruct this Supervisor to . sign- ' . and file said map with Dutchess County. In conclusion and in regard to an attempt by individual to dis-.. credit the Town and/or others thru news media this_ act inmy opinion was and is a dirty underhanded trick. To all concerned don't use this office to expedite your individual problem with other individuals. ouis D. Diehl LDD/no i CHARLES J. CORSALLY (1966) JOHN J. GARTLAND, JR. ALLAN E.RAPPLEYEA DANIEL F. CURTIN* FRFD W.SCHAEFFER JON HOLDEN ADAMS MICHAEL G, GARTLAND VINCENT L. DEBIASE PAUL O. SULLIVAN MILTON M. HAVEN JOSEPH F. HAWKIN.S COUNSEL *MEMBER N.Y,AND FLORIDA BAR CORBALLY, GARTLAND AND RAPPLEYEA Atmo aO *wwfoxo at 'fn* SARDAVON BUILDING 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 914 -454 -Illy April 29, 1981 FLORIDA OFFICE: 50 SOUTH BELCHER ROAD BUILDING E, SUITE 122 CLEARWATER,FLORIDA 33515 813-461-3144 BRANCH OFFICE: BANK OF MILLBROOK BUILDING FRANKLIN AVE. MILLBROOK, NEW YORK 12545 914-577-5539 Reed & Reed, Esqs. 75 Market Street Poughkeepsie, New York 12601 Attention: John M. Reed, Esq. Re: Town of Wappinger - Klein/Alexander Subdivision Dear John: This is to confirm our conversation of this date wherein we agreed that the provisions of the agreement between the Town of Wappinger, James Klein and David Alexander dated April 27, 1981 is to be modified as hereinafter provided, and that your clients will return to us a copy of this letter acknowledging their consent to the modifications. It shall be agreed by all parties that the phrase appearing on the second page of the agreement in paragraph numbered 1 thereof containing the words "court of'appellate review deter- mines" shall be deleted from the contract and there shall be substituted in their place the following phrase "a final court order be made determining." The purpose of the modification is to not define which court is to make an order but rather to provide that the final court order shall be the governing order. As you know, it is possible that on a remand, a final order could be made by a trial court or Special Term rather than an Appellate Court. We view this modification to be one of semantics rather than substance and I believe we both agree that the operative event will be a final court order irrespective of what court makes such order. CORBALLY, GARTLAND AND RAPPLEYEA John M. Reed, Esq. Page 2 - April 29, 1981 it is my understanding that a special meeting will be convened on or about May 1, 1981 for the purpose of reviewing and considering approval of the agreement. Please have a copy of this letter returned to us with the necessary signatures thereon. & RAPPLEYEA JHA/1h We agree and consent to the modification of the agr the Town of Wappi,nger and the undersigned signedby 1981, a copy of which is annexed hereto. I t ;r 'AGREEMENT made this ,7 day o f April, 1981 between JAM€ C, ki ..KLEIN and. DAVID ALEXANDER, .as ,applicarit.s and the 'Z'0[,TN OF WAPPI14GEK {FWHEREAS Klein and Alexander have made application to the Planning Beard of the Town of Wapprtger for approval of a seven. lot subdivision situated on All Angels Hill road., ar-Ld WHEREAS an the 18th 'day of August, 1980 , final approval was given to said subdivision by said Planning card of. the To�m d : ` of Wappg in er, and ' WHEREAS subsequent thereto an Article 78 proceeding was instituted by Fred J. Lafko'to revierw the validity of the approval �.. given by the Planning Board of the To,�ni of Wapping er as Grel 1 a s { the Dutchess County Departmentof llealth, said proceeding contesting the validity of ;approval �; iron to individual eater r t systems,: it being. the contention of said Fred J. Lafko that the presence of: water resources from Ili s watercompany (Atlas Water - - - Company)` mandated, under applicable regulat.iorls, thatall wa.t,er wt thin the subdivision be obtained from the Atlas Water Company, ,and x WHEREAS subsequent tr►eretq; on or about the 2;6th day of February, 1981, an order was made by the Supreme Court of Dut.ctlesr 4 County, (Hon. Theodore I1. T�achenhauscn, J. S . C .) dz stni ss i ng the petition of said Fred J. Lafko, and WLREAS a notice of appeal was filed by said Fred J . .Lafko on or about the. 2nd da .: April, i y o � p 1, 1981, and , WRERFAS Klein and Alexander desire to proceed with ftiyther development.and sale of lots within the subdivision ziotwthstanding -4. the. filing of said notice of appeal, and WHEREAS the Town of Wappinger wishes to provide adequate protection for subsequent 10L owners within said subdivision in the event that the appeal of said decision should be modified or reversed, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. In consideration of the execution of the subdivision plat notwithstanding the filing of the notice of appe a�, Klein " �"�) 5("� MC/111-1, "is and Alexander covenant and agree that they will -(a) install any rA Cr water mains and house laterals and other appurtenances or equipment which would be necessary in the event that a court of appellate review determines that the homes within the afo e 'A�k 41 1404P mentioned subdivision are to be served by the Atlas WatfAr Company 'VAP (b) that they will fully apprise all lot purchasers of the,, ci.r- V0.4&11qr �4 A cumstances surrounding the present liti gaLion. and (c) that: they 44 will indemnify the Town of Wappinger, its officers and employees from any and all liability, loss or damage it may suffer as a result of claims, demands, costs or judgments against it arising out of the execution of the subdivision plat and will reimburse the Town of Wappinger for any necessary expenses, attorneys tees or costs incurred in the defense of any claims arising out of its delivery to Klein and Alexander of said subdivision plat duly executed by its Planning Board Chairman, t2xcept that such indeivinj- fication will not in any way include ally aspect of the current CHARLES J. CORDALLY (1966).. JOHN J. GARTLAND, JR. ALLAN E. RAPPLEYEA DANfCL F. CURTIN+' FRED W. SCHAEFFER JON HOLDEN ADAMS MICHAEL. G, GARTLAND VINCENT L. Dc81AS.E PAUL O. SULLIVAN* MILTON M, HAVEN JOSEPH F. HAWKFNS COUN5EL +MEMSER N,Y.AND FLORIDA BAR CORBALLY, GARTLAND AND RAPPLEYEA Afforv M0 �o mrlaxa at waht BARDAVON BUILDING 35 MARKET STREET PO.UGHKEEPSIE, NEW YORK 12601 91A-454-1110 Planning Board Town of Wappinger Wappinger Falls. , New York l2590 Larch 3, 1981 Dear Members of the Planning Board: FLORIDA OFFICE 50 SOUTH BELCHER ROAD BUILDING E. SUITE 128 CI.EARWATER, FLORIDA 33516 8 13 - 461 -3 144 BRANCH OFFICE: SANK OF MILLBROOK BUILDING FRANKLIN AVE, MILLOROOK, NEW YORK f2645 964.677-5539 RECEIVED M -F j" 1981 EUINE H. SNOWDEN Enclosed find a copy of the decision of the Hon. Theodore Dale henhaus,en dismissing the petition brought by Fred J. LafRo ,a,ga n;st the Planning Board of the Town of Wappinger relative to the K1ei,n"Alexander subdivision. Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA Jon Holden Adams .THAI 1 h Enc. cc: Town Board S++� >RT FORM ORDER ` MAR SUPREME COURT -- STATE OF NEW YORK I t*WSPECIAL TERM, PART COUNTY DUTCHESS Present: ' THEODORE DACHENHAUSEN, JR. HON. FRED J. LAFKO d/b/a ATLAS WATER COMPANY, Petitioner, against — PLANNING HOARD OF THE TOWN OF WAPPTNGER, et a1., Respondents. Justice. To commence the statufory.tinta, period for appeals as of right' C c P L R .5513,[a]), you are. advised to servex copy of this l order, with notice of entry, upon all partieC, j :I INDEX NUMBER MOTION October 27 19 80. DATE ---- MOTION �4 CAL. NUMBER—,, TRIAL Referred by CAL.NUMBER------ . r ustice Quinn The following papers numbered i to_. 19 ---.-read on this x�x3r—_pe.titic�t�--f.ox - ud c�t�t-$u tt to Article 78 of the CPLR reversing, annulling -_and setting aside a determination of the Planning Board of the Town of _14a e--,�--- - ---- PAPERS UmIIEREI A.,,o,- _ Affirmni-ions — Affidavits Answering Affidavits Replying" - AM&*x V1 Filed Papers _,____^ —9. 11 -19 R*W -- E xh i b i t, - §(t {nWRn- WTOM '..•...— 0���� tod and the praC_P-ed.ing Upon the foregoing papers it is erdercd that this �if�C--P��i [planning board] 50 is dismissed on the merits. "To be aggrieved by a decision of the [p g as to be entitled to have it reviewed, one must have a spec if c,personal and legal interest in the subject matter thereof as distinguished from a'general interest such Tis theoretically shared by all members of the conunity" (13lumber� v. Hill, 119 s NYS 2d 855; emphasis supplied). Here, the papers submitted in support of the petition fail to establish that petitioner has any specific, personal and legal interest in the decision of the Planning Board to permit the installation of individual water source systems in the subdivision in question. At best, petitioner's interest appears to be that of a competitor; such interest is insufficient to confer standing (Paolan eli v. Stevens, 19 AD 2d 763). Were the Court not denying the petition upon the ground that petitioner lacks standing to initiate this proceeding, the Court would nevertheless deny it upon the ground that it fails to establish that the determination of the Planning Board was xM Briefs: Plaintiffs — Defendants -- Petitioners — Respondents — X arbitrary and capricious. Absent such a showing, this Court will not substitute its judgment for that of the Board [2 Anderson, New York Zoning Law and Practice 2d §22:16 (1973)]. Submit judgment on notice. Dated: White Plains, New York February 26, 1981 SAUL D. KASSOW, ESQ. Attorney for Petitioner 100 Main Street Fishkill, New York 1.2524 REED & REED, ESQS. Attorneys for Respondents David Alexander and James A. Klein 75 Market Street Poughkeepsie, New York 12601 CORBALLY, GARTLAND AND RAPDLEYEA, ESQS. Attorneys for Respondent Planning Board of the Town of Wappinger 35 Market Street Poughkeepsie, New York 12601 STEPHEN J. WING, ESQ. County Attorney Attorney for Respondents Morris J. Frank as Dutchess County Commis,gioner of Health, Dutchess County Department of Health and John E. Railing, Director of Environmental Sanitation of the County of Dutchess 22 Market Street Poughkeepsie, New York 12601 -2- 11k,0000 .. ... .. .. I PLANNING BOARD !60 . ... .. I',' kl� TOWN OF WAPPINGER op� 110"r 'TOWN HALL WAPPINGERS FALLS, NEW YORK 12,590 / upr ........ TEL. 297-6257 00), ,."e . . August 19th, 198o e Or g� �6, 00 Mr. James A. Klein James A. Klein, inc. Old Hopewell Road Wappingers palls, NY 12590 Mr. David Alexander Dave Alexander, Inc. New Hackensack Road Wappingers Falls, NY 12590 RE: Klein & Alexander Subdivision 7 Lots Off All Angels Hill Road Gentlemen: At the August 18th, 1980 Planning Board was made by Mr. Mills, meeting, a motion seconded by Dr. Miller, to adopt the following resolution: WHEREAS,, an application for final approval of a subdivision plat entitled "Subdivision Plat of _ Section 1, Klein & Alexander, Town Wappinger, Dutchess County, New York" was received by the Town Of Wappinger Planning Board on August 4th, 1980, and WHEREAS, a Public hearing was held on said subdivision application and Plat at the Town Hall, Mill Street, Wappingers Falls, New York, on August 18th, 1980 at 8 0 the :0p.m, WHEREAS, and requirements of the Subdivision.Regulations of the Town of Wappinger have been met by said subdivision plat and application, except as noted below, and WHEREAS, the conditions of the preliminary subdivision plat, granted by the T Of said Own of Wappinger approval Planning on December 17th, 1979, have been met, except as noted belowBoard. NOW, THEREFORE, BE IT RESOLVED THAT the application of James A. Klein and David Alexander for approval of said subdivision plat, prepared by Richard G. Barger, P.E. & L.S. 1980, be approved subject to the following conditioned dated july 11th,, Chairman be authorized to endorse approval on said subd and that the on plat upon compliance with said conditions by the applicant, which conditional approval shall expire six months from the date of this resolution if the applicant has not complied with the conditions set forth. PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TELp_257 June 3rd, 1980 Mr. James A. Klein Alexander & Klein RD 4 - old Hopewell Road Wappingers Falls, NY 12590 RE: Klein & Alexander Subdivision - 10 Lots Off All Angels Hill Road Your letter dated may 30th, 1980 Dear Mr. Klein: At their June 2nd, 1980 meeting, a motion was made by Mr. Fanuele, seconded by Mr. Keller, to grant an extension of preliminary approval for the above -captioned subdivision for an additional ninety days from the original . expiration date. The motion was unanimously carried. very truly yours, 's. Betty -Ann Russ, Secretary Town of Wappinger Planning Board br cc: David Alexander Richard G. Barger, P.E. & L.S. Dutchess Co. Dept. of Public Works Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Edward Hawksley, Conservation Advisory Council William P. Horton, Highway superintendent Rudolph E. Lapar, Engineer to the/Itown New Hackensack Fire Company John Railing, P.E. - Dutchess C Dept. of Health Elaine H. Snowden, Town clerk � Mr. James A. Klein James A. Klein, Inc. Old Hopewell Road Wappingers Falls, NY 12590 Mr. David Alexander Dave Alexander, Inc. New Hackensack Road Wappingers Falls, NY 12590 RE: Klein & Alexander Subdivision - 10 Lots off All Angels Hill Road Gentlemen: At the December 17th, 1979 Planning Board meeting, a motion was made by Mr. Fanuele, seconded by Mr. Rubenstein, to adopt the following resolution: TENTATIVE APPROVAL IS HEREBY GRANTED to James A. Klein and David Alexander for subdivision as shown on map entitled "Preliminary Subdivision Plat, Section -l-, Klein & Alexander, Town of Wappinger, Dutchess County, New York", prepared by Richard G. Barger, P.E. & L.S., and dated June 12, 1979, revised October 10, 1979 and revised 12/1/79, subject to the following requirements: Within six months of this tentative approval, the applicant is authorized to submit an application for approval of a subdivision plat in accordance with Article II, Section 22; Article III, Section 30; and Article IV of the Subdivision Regulations. In addition, the application must meet the requirements of the Town of Wappinger Zoning ordinance. in addition, the following improvements, reservations, changes, and requirements are pre -requisite to the approval of the plat. 1. Approval water supply subdivision of the Dutchess County and sewage disposal for shall be obtained prior Department of I-lealti, on -the proposed ten lot to final approval- PLANNING BOARD TOWN OF WAPPINGFR TOWN HALL. WAPPINGERS FALLS, NEIN YORK 12590 TEL. 297.6208 Klein & Alexander Resolution --2- December 21st, 1979 2. Approval of the Dutcheas County Department of Public Works on entrance on All Angels Hill Road shall be obtained prior to final approval. 3. Approval of the road plan and pro-ile and plan and.profile of the drainage system shall be obtained from the Engineer to the Town and the Highway Superintendent prior to final approval. 4. Drainage flow patterns on all subdivided parcels shall be ,indicated on the final plat. For any surface waters that discharge upon properties of other persons, the applicant shall obtain letter from the same allowing such discharges. 5. The following improvements shall be required: A. All storm water shall be conveyed by pipe to natural drainage courses. B. Standard street signs will be required at each intersection and temporary signs shall be installed during construction. C. Street Specifications shall: be those presently in effect. D. No open streams will be permitted unless permission in writing is obtained from.the Town of Wappinger Highway Superintendent. 6. Recreation land as indicated shall be dedicated to the Town and the deed to this parcel shall be accepted by the Town Board prior to the signing of the plat. Monuments shall be installed at the angle points of the boundary lines of the recreation land. An easement to provide right -of --way access to the recreation area shall be given to the Town and the same shall be indicated on the final subdivision plat. 7. Inspection fees for storm drainage lines shall be paid prior to the signing of the plat. .8. Downstream drainage fee of $200.0.0 per lot on the final plat shall be paid prior to the signing of the plat. PLANNING BOARD T©WN OF WAPPINGER TOWN HAt-L WAPPINGERS FALLS, NEW YORK 12590 'T`Ei., 297-6256 Klein & Alexander Resolution -3-- December 21st, 1979 9. No structure is to be built where the lowest opening (windows, doors., garage doors, crawl space, etc.) are lower than two Feet above the road surface unless approved by the Town of Wappinger Highway Superintendent and/or the Engineer to the Town. 10. Regulations regarding Footing drains and roof leader shall be those presently in effect. 11. In subdivisions with underground.utilities, the developer. shall contact Central Hudson, New York Telephone, the Town franchisee cable tv company and the Town Board to negotiate an agreement whereby cable tv facilities will be installed with underground utilities. Should these negotiations be unsuccessful, the developer shall provide a statement indicating why agreements to provide cable tv service could not be reached, prior to the signing of the plat_ 12. Prior to the issuance of any building permits, a bond of sufficient amount for the road and drainage and in a form approved by the Attorney to the Town shall be approved and accepted by the Town. Amount of said bond is to be determined by the Highway Superintendent and the Engineer to the Town and shall be approved by the Planning Board. 13. The 100 year flood elevation line shall be delineated on the final plat. 140 The developer will be required to keep the roads of the subdivision clear from the snow and ice and make the roads otherwise passable until such time as the roads have been accepted by the Town. Upon failure to do so, the Town may authorize, after deter- mining that an emergency exists, a private contractor to clear the roads or make the roads passable, and the expense of such work will be assumed by the developer. PLANNING BOARD TOWN OF WAPPI NGES TOWN HALL WAPPINGERS FALLS, NEM YORK 12590 T". WM266 Klein & Alexander -4- December 21st, 1979 15. Deeds for road and any other easements to be dedicated to the Town shall be submitted for acceptance prior to the signing of the plat along with receipted tax bills to insure that title is clear. 16. At least two street trees of the Sugar Maple variety and/or the Evergreen type shall be placed on each lot. These trees shall measure at least two inches in diameter at a point one foot alove ground planting level. Said trees shall not be located in the street right-of-way. Location of the trees shall be shown on the individual plot plans. Vote: George B. Brannen aye Virginia Keeler - aye Donald J. Keller absent James Mills - Absent The motion was carried. Victor L. Fanuele aye Jay D. Rubenstein - aye Dr. Harvey Miller absent Very truly yours, (Mrs j Betty -Ann Russ, Secretary Town of Wappinger Planning Board br cc: Richard G. Barger, P.E. & L.S. Dutchess Co. Dept. of Public Works - William Bathrick Dutchess County Dept. of Health - Jack Railing, P.B. Hans R. Gunderud, Bldg. inspector/zoning Admin. Edward Hawksley, Conservakton Advisory Council William P. Horton, Highway Superintendent Rudolph E. Lapar, Engineer toXown New Hackensack Fire Company ::;I Elaine H. Snowden, Town Clerk%