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Phi-ton Enterprises Inc. Site PlanP :r 51 r r W9 , r DISTRIBUTION SUBDIVISION - SIGNED RESOLUTION & FILED MAP FILED MAP #I 10919 PROJECT NAME: Phi -"on Enterprises DATE PREPARED: February 25 , 2000 10011311-10 r r,. •�r �"O-filwa-wo Me X TOWN FILE • TOWN ENGINEER X TOWN PLANNER X TOWN ASSESSOR X FIRE PREVENTION BUREAU X HIGHWAY SUPERINTENDENT RESOLUTION ONLY: X TOWN CLERK (ORIGINAL) ) RESOLUTION FILE X TOWN ATTORNEY X BUILDING INSPECTOR X TOWN BOARD x TOWN SUPERVISOR X CAC X APPLICANT X APPLICANT'S ENGINEER / ARCHITECT RECREATION DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN FREDERICK P. CLARK ASSOCIATES, INC. David J, Portman, AICP Planning/Developmenth;nvironmentlTransportation Howard 1, Reynolds, Pr Rye, New York and Southport, Connecticut. David H. Stolman, ACP, PP 350 Theodore Premd Avenue Michael A. Galante Rye, New York 10580 Joanne P. Meder, Arca (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM To: Christina DiPaola, Planning Board Secretary Date: September 15, 1999 Subject: Dominicis/Phi-Ton Enterprises Subdivision — Resolution of Preliminary and Final Subdivision Plat Approval As requested, we have prepared the attached resolution of Preliminary and Final Subdivision Plat approval for the processing and filing. Daniel K. Wery, AICP Senior Associate/Planning Attachment 11fpc21sys lldocs215001wappinger19.15.99.phiton.dkw.doc Connecticut • (203) 255-3100 email@fpclark.com www.fpclark,com SEP 1 ice* ZONING WooS�A'tC1Et Long Island • (516) 364-4544 9115199 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD • •N ENTERPRISES - RESOLUTION OF At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 21' of June 1999, at 7:30 P.M. The meeting was called to order by Chairman Philip J. DiNonno and upon roll being called, the following were: PRESENT: Chairman - Philip J. DiNonno Boardmembers George Gnmshaw. . � Hugo Musto - William Parsons June Visconti Robert Walker ZO NINQ AD1W1Nj&rRAT0JR r The following resolution was moved byM--5. V I 'k and seconded by YYI V. WHEREAS, the Town of Wappinger Planning Board received an application from Stella Dominicis and Phi -Ton Enterprises, Inc. (the "Applicants" and "Property Owners") for preliminary and final subdivision plat approval to transfer a 0.17 -acre portion of a 4.0 - acre parcel to an adjacent 0.99 -acre parcel to eliminate the encroachment of a garage building constructed on the larger lot (the "Project" or "Subdivision"); and WHEREAS, the subject properties are located on the east side of Osborne Hill Road approximately 2,000 feet south of the intersection formed by Osborne Hill Road and Ketchamtown Road, within the R-40, Residential District and are known as Tax Lots 505608 and 513622, respectively (the "Property"); and WHEREAS, the applicants has submitted a Short Environmental Assessment Form and the following plan, prepared by J. William Komisar, L.S., Poughkeepsie, New York: 1. "Proposed Subdivision of Lands of Phi -Ton Enterprises, Inc. and Lot Line Realignment Between Lands of Dominicus and Lands of Phi -Ton Enterprises, Inc.," dated 2116199, last revised 5/28199; and PHI -TON ENTERPRISES/LANDS OF DOMINICIS LAND TRANSFER RESOLUTION OF PRELIMINARY AND FINAL PLAT APPROVAL WHEREAS, the Planning Board is familiar with the subject property and its surroundings, and has reviewed the project in accordance with the standards for approval contained in the Zoning Law and the Land Subdivision Regulations; and WHEREAS, the Planning Board determined that the proposed lot line realignment/land transfer will not result in any new building lots, nor will it create any nonconforming building lots; and WHEREAS, in accordance with Article 8 of the Environmental Conservation Law, Part 617 NYCRR, and Local Law No. 6 of 1992 of the Town of Wappinger, the Planning Board determined that the subject action was an Unlisted action; and WHEREAS, a duly advertised public hearing was held on June 21, 1999 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the public hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. 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 environmental impacts as there would be no construction or physical changes resulting from the proposed action. 3. The Planning Board hereby finds that a proper case does not exist for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger, since no new building lots will be created, and therefore neither land nor a fee in lieu of land for recreational purposes will be required. 2 OF5 PHI -TON ENTERPRISESILANDS OF DOMINICIS LAND TRANSFER RESOLUDON OF PRELIMINARY AND FINAL PLAT AP_PRQyAL _ 4. The Planning Board hereby finds that the final plat will. not be substantively changed from the preliminary plat and hereby waives the requirement for a public hearing on the final plat. 5. The Planning Board hereby grants both Preliminary and Final Subdivision Plat Approvals to the Applicants for the 0.17 -acre land transfer Project as described herein subject to the following conditions and modifications which must be satisfied prior to the signing of the final plat by the Chairman of the Planning Board: a. The Owner shall endorse a copy of this resolution and submit it to the Planning .Board for its files. The Applicants shall obtain the review, approval and signature of the Dutchess County Department of Health. The Applicants shall prepare a final subdivision plat in accordance with Section A-5 of the Town of Wappirger Land Subdivision Regulations. The Applicants shall submit .a statement signed by the Town's Tax Collector that all taxes due on the subject property have been paid. 6. Conditional approval of the final plat shall expire one hundred eighty (180) days from the date of this resolution unless all requirements have been certified as completed or unless a written request for an extension of Final Subdivision Plat Approval (not to exceed two (2) ninety (90) day periods) is granted. 7. In accordance with the Town's Schedule of Fees, the Applicants shall be responsible for the payment of all application review fees incurred by the Planning Board in review of this Project which are in excess of the application review fees paid by the Applicants to -date. Such fees shall be paid within thirty (30) days of the notification to the Applicants that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefor 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 not be made until six (6) months after the filing of the subdivision plat. 3 OF5 PHI -TON ENTERPRISES/LANDS OF DOMII,IICIS LAND TRANSFER APPROVALRESOLIMON OF PRELMINARY AND FINAL PLAT S. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Applicants 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 conditions 5, 6 and 7 above have been satisfied, a copy of the final subdivision plat, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, certifying that the plans comply with the terms of this resolution, at which time, the Chairman shall also endorse this resolution in the space provided below, certifying that the applicants has complied with the above conditions of approval and that the Final Plat is authorized for filing with the County Clerk, Division of Land Records. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Philip J. DiNonno, Chairman George Grimshaw Hugo Musto William Parsons June Visconti Robert Walker The resolution is hereby duly declared adopted. Dated: June 21, 1999 Wappingers Falls, New York L--f Philip J. D' onno, Chairman Town of Wappinger Planning Board 4 OF5 Voting: Voting: Voting: Voting: Voting: Voting: /� % 7 Date PHI -TON ENTERPRISES/LANDS OF DOMINICIS LAND TRANSFER RESOLUTION OF PRELIMINARY AND FINAL PLAT APPAQVAL Stella Dominicis, Property Owner r Anthony . Dominicis, Secretary/Treasurer, Phi -Ton Enterprises, Inc. Property Owner lolle�g Date le) 114 Date The following endorsement hereby confirms that the Applicants has fulfilled all of the conditions of this resolution of Final Subdivision Plat approval and authorizes the filing of the Final Subdivision Plat with the County Clerk, Division of Land Records. Philp D— Nonno, Chairman Town of Wappinger Planning Board Upc21syslldocs215001wappinger19.15.phiton.dkw.doc 5 OFs // J171q I Date RESOLUTION APPROVING SITE PLAN PHI -TON ENTERPRISE RESOLUTION NUMBER 267 PAGE 1. DATE: MAY 5, 1991 At a Regular meeting of the Planning Board of the Town of Wappinger, held at the Town Hall, 20 Middlebush Road, Wappinger Falls, N.Y. on the 20th day of May 1991. The meeting was called to carder by Chairman Keller, and upon roll being called the following were: PRESENT:. ABSENT CHAIRMAN: VICE CHAIRMAN: Donald Keller William Parsons Hugo Musto ,lames Mills John Perillo Chris Simonetty Edward Hawksley 4 The following resolution was coffered for adoption by: Mr. Mills who moved this adoption, seconded by: Mr. Perillo to wit: WHEREAS, in accordance with the Town of Wappinger zoning Ordinance as last revised< PHI -TON ENTERPRISES INC. has submitted to the Planning Board an application for the approval of a site plan titled: Proposed Amended Site Plan - PHI -TON Enterpriser located on Sheet 6157-04, parcel 600:170, of the town tax naps; and the applicant has represented to this beard that it is the lawful owner of said lot; and WHEREAS, an application fee of One Hundred. and Fifty dollars ($150.O0) covering as 1.05 acre site and a proposed. floor area of 6,000 square feet has been received by this board; and WHEREAS, pursuant to SEQRA: 1). The Planning Board has identified this action as an UNLISTED action, and declared itself lead agency. 2). A negative declaration has been adopted on May 20, 1991 on the basis of a :short farm EAF s and WHEREAS, the applicant has submitted, as part of his application, the following additional maps and documents: 1) Proposed Floor Plans dated last. revised 3/15/91; 2) Proposed Elevation Vier dated January 1991; 3) PHI -TON Existing Building Elev. dated last revised 3/19/91; arid PAGE 2. WHEREAS, the Planning Board has referred this application to the following Boards and/or Agencies, and has received and considered the following reports of such Boards acid/or Agencies: Conservation Advisory Board: 6/14/91 Fire Prevention Board: 4/24/91,3/5/91,7/1/91 Town Engineer: 4/9/91,2/21/91,4/2/91,5/20/91 Planning Consultant: 5/2/91,5/15/91,3/5/9.,3/29/91 Zoning Administrator: 4/15/91 Dutchess county Department of Planning: 3/4/91 New York State Department of Transportation: No Answer WHEREAS, the requirements of the Town of Wappinger Zoning Law and this Board's regulations have been met except as noted below Nome NOW THEREFORE BE IT RESOLVED; that the application of: PHI -TCN Enterprises Inc. for the approval of a site plan titled: Proposed Amended Site Plan for PHI -TON Enterprises prepared by R.udloph E. Lapar, PE, dated January 1991 and last revised 4/4/91 be approved subject to the modifications and conditions listed below, and that the chairman of this board be and hereby is authorized to endorse this board's approval of said plan upon compliance by the applicant with such modifications and requirements as noted> Modify site plan to show: 1) 2) 3) x) date of modifications; and BE IT FURTHER RESOLVED; that unless a building permit has been issued within 3€60 days of the date of this resolution, this approval will be null and. void. and BE IT FURTHER :RESOLVED, that the approval is contingent upon the applicant complying with the following additional requirements: A) Submission of fees as per town requirements in the form of separate checks made payable to the Town of Wappingers None B) Approval of the Dutchess County Dent. of Health on water supply and sewage disposal shale_ be obtained prior to endorsement of the site plan C) Approval of New York State DOT shall be obtained for entrance and exit prior to endorsement of the site plan. PAGE 3. D) An erosion control plan. shall be approved by the Engineer to the Town prior to approval in accordance with the requirements of the. Town of Wappinger soil Erosion & Sediment Control Ordinance. E) An application shall be made to the Zoning Administrator for a grading per- mit which shall meet the soil Erosion & Sediment Control Ordinance require- ments, including submission of a plan showing design and materials. A Month by month schedule shall. be submitted to the Zoning Administrator prior to final approval. F) A drainage plan shall be approved by the Engineer to the Town prior to endorsement of the site plan. G) A copy of the building plans shall be supplied to the Fire Prevention Bureau for their review prior to the issuance of a building permit. H) The Fire Prevention Bureau shall inspect the premises prior to the isstanc: e of a Certificate of occupancy. 1) Any signs to be located on the premises and./or building shall comply with the requirements of the Town of Wappinger Zoning Ordinance, J) Adequate screening shall. be .required for the refuse enclosure as determined by the Planning Board. K) Site lighting shall by submitted and reviewed by the Zoning Administrator prior to final approval to insure that there wi.l.l be no glare onto roadways and/or adjacent residential areas. L) Landscaping shall be required as determined by the Planning Board. M) fi certified, "AS--Built" plan shall be submitted and approved by the Planning Board prior to the issuance of a Certificate of Occupancy. N) Fully executed Performance Bond to secure construction of waived Parking Spaces. ©) Upon completion of all requirements set forth in the action approving the site plan, 6 copies of the site plan shall be submitted for the Planning Board C:hairmans signature. PAGE 4. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: William Parsons: Aye Chris Simonetty: Aye James Hills: Aye John Perillo: Aye Hugo Agusta : Aye Donald Keller: Aye Edward Hawksley: Absent The resolution was thereupon declared duly adopted. DATED: MAX 20, 1991 WAPPINGER FALLS, NEW YORK HERBERT J. 6NEON, PLANNING BOARD CLERK TOWN OF WAPPINGER PERFORMANCE BOND TO SECURE CONSTRUCTION OF WAIVED PARKING SPACES PURSUANT TO SECTION 473.6 OF THE ZONING LAW WHEREAS, Phi Ton Enterprises Inc., with offices at Broadway, Lomala, Hopewell Junction, New York, has made application to the Planning Board of the Town of Wappinger pursuant to section 473.6 of the Zoning Law, for a waiver of construction of required parking spaces as set forth in a certain letter from Rudolph E. Lapar, P.E., to Albert P. Roberts, Esq. dated May 1, 1991; and WHEREAS, the Planning Board waived construction of 170 square feet of paved -parking area and the striping of 20 parking spaces as set forth on a proposed Amended Site Plan for Phi Ton Enterprises, Inc. dated January 1991, and last revised, April 41 1991; and WHEREAS, the Town of Wappinger Zoning Law section 473.6 requires that a guarantee be given to insure the construction and installation of the waived parking spaces. NOW, THEREFORE, we, Anthony Dominicis, Philip Dominicis, and Joan Dominicis the sole shareholders.of Phi Ton Enterprises Inc., individually and severally guarantee that we will and truly make, construct, and complete the waived parking spaces and striping if ordered to do so by the Town of Wappinger Planning Board in accordance with a Resolution of Conditional Site Plan Approval 24 made by the Town of Wappinger Planning Board on the Vh day of May, 1991, all in accordance with the Zoning Law, Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger, within six months of the date that the Planning Board directs that said waived parking spaces and striping be constructed. s- � -- V The said Anthony Dominicis, Philip Dominicis, and Joan Dominicis further bind their heirs, executors, administrators, successors, and assigns for the faithful performance of this obligation. DATED: Wappingers Falls, New York 19 9 1 0 Y_D �MI N I C I S C QHLi �D 0 � �I fl Put ILVki:*A"prjj 30, 4146�( *AYM 0 M�N I C�IS ACKNOWLEDGMENT STATE OF NEW YORK N York STATE OF NEW YORK t SS. :MCI COUNTY OF DUTCHESS , ) on the day of Nay -id 199,1, before me personally came Philip Dominicis, to me known to be the individual described in and who executed the foregoing document, and acknowledged that he executed the same. STATE OF NEW YORK SS: COUNTY OF DUTCHESS On the day of Ma, 1991, Dominicis, to me known to be the executed the foregoing document, executed the same. Notary Publ-it before me personally came Joan individual described in and who and acknowledged that she R—otary Public HEFIE, aftry SS: �AMCOUM COUNTY OF DUTCHESS On the )(4 day of ty Ma 1991, before me personally came Anthony Dominicis, to me known to be the individual described in he and who executed the foregoing document, and acknowledged that executed the same. Notary Pilbli&, N York STATE OF NEW YORK t SS. :MCI COUNTY OF DUTCHESS , ) on the day of Nay -id 199,1, before me personally came Philip Dominicis, to me known to be the individual described in and who executed the foregoing document, and acknowledged that he executed the same. STATE OF NEW YORK SS: COUNTY OF DUTCHESS On the day of Ma, 1991, Dominicis, to me known to be the executed the foregoing document, executed the same. Notary Publ-it before me personally came Joan individual described in and who and acknowledged that she R—otary Public HEFIE, aftry _NSON New �AMCOUM P FHITON04.NEG State Environmental Quality Review NEGATIVE DECLARATION I - Notice of Determination of Non -Significance Project ; PHI -TON Enterprises - Site Flan Date: May 20, 1991 his notice Ja issued pursuant to Part 617 of the implementing regulations 6rtai.ning to Article 8 (State Environmental Quality Review Act) of the vironmental Conservation Law, and LL # 2-1986 Town of Wappinger NY. Planning Board of the Town of Wappinger, as Lead Agency, has determined that ae proposed action described below will not have a significant effect on the 6ironment and a Draft Environmental Statement will not be prepared. OF ACTION: PHI -TON Enterprises Site Plan STATUS; Type 1 ( } Unlisted (XXX) TIONAL NSGATIVE DECLARATION ( ) yes (XXX) no RIFTION OF ACTION: TION; Proposed to convert 1500 sf -of existing basement storage space into retail use for the sale of uniforms and other Girl scout equipment, Property is located i,n•en existing retail shopping facility. It i.a proposed to add (construct) 10 additional. parking spaces to an existing 45 space lot. No additional access to the public highway is proposed. The property is designated as sheet 6157-04; parcel, 600170 on the Tax. Assessinent map, SUPPORTING THIS DETERMINATION: 1. 'The -Board has considered the Short• form EAP together with comments submitted -by, the Board' -s Planning -Consultant and Engineering Consultant. The potential impacts are minimal. FURTHER INFORMATION: contact person: Mr, Herbert Levenson, Zoning Administrator Wappinger Town Hall, 20 Middlebush Road Wappingers Fall* NY 10590 phone: (914) 297-6256