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Atlantic Mortgage Bankers LTD- Route 9VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: GERALD A. VERGILIS IRA A. PERGAMENT KENNETH M. STENGER (845) 298-2000 LEGAL ASSISTANT: ALBERT P. ROBERTS.. FAX (845) 298-2842 AMY E. DECARLO ` LOUIS I. VIGLOTTI JOAN F. GARRETT*a THOMAS R. DAVIS EMANUEL E SARIS KAREN P. MACNISH KEVIN T. McDERMOTT STEVEN K. PATTERSON JAY B. RENFRO •Ap niw 7+0 pRAMCE W NY a: FLA. "ADNIXTED TO PRACTICE iN NY t CONN. e-mail: VSRP*BestWebnet POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHIcEEPsM NY 12601 (845) 452-1046 PINE PLAINS OMCE 29W CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS IUMY TO: ( ) POUrRKEMIE ( ) WAPPINGERS ( ) PINE PLAINS VIA FACSIMILE (473-2595) AND REGULAR MAIL May 17, 2004 .� Teahan & Constantino 2780 South Road P.O. Box 1969 Poughkeepsie, New York 12601 Attention: Richard L Cantor, Esq. Re: Atlantic Mortgage Properties, Ltd. File No. 12951.0487 Dear Richard: I am in receipt of the recording information regarding the Agreement Limiting and Regulating Use. However, Paragraph 7 refers a Declaration of Covenants and Restrictions to be recorded. It was my original intention that the Declaration --and not the Agreement—be recorded. However, since the Agreement has been recorded and does nd reference a Declaration, a Declaration should be drafted, executed, approved a recorded as soon as possible. Yours, , STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ).ROBERTS 11Vsrp031C0mmonlWappinger\To— Board\Atlantic1051704-cantor.doc RECEIVED MAY 19 2004 TOWN CLERK VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTi, LLP ATTORNEYS AND cOUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS Louis J. VIGLOTri JOAN F. GARRETT** THOMAS R. DAVIS EMANUEL F. SARIS KAREN P. MACNISH KEVIN T. McDERMOTT STEVEN K. PAT17ERSON JAY B. RENFRO *ADMITTED To PRACTICE IN NY & FLA, *'ADMITTED TO PRACTICE IN NY & CONN. May 19, 2004 1136 ROUTE 9 WAppINGERs FALLS, 'NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: VSRP@BestWebnCt Hon, Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Atlantic Mortgage Properties, Ltd. File No, 12951.0487 Dear Gloria: OF COUNSEL: IRA A. PERGAMENT LEGAL ASSISTANT: AMY E. DECARLO POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845)452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9957 ADDRESS REPLY TO: i ) POUC114KEEPS'E )WAPPINGERS )PINE PLAINS I am enclosing, herewith copy of the recorded Agreement Limiting and Regulating Use, recorded in the office of the Dutchess County Clerk on April 13, 2004 at Document No. 02 2004 4319. This Agreement was recorded in connection with the Atlantic Mortgage Bankers rezoning and should be placed in that file. VERGI-L STENGER, ROBERTS, PERGAMENT & VIGLOTT15 LLP A" E' P. ROBERTS APR/bg cc: Hon. Joseph Ruggiero, Supervisor Richard I. Cantor, Esq. Daniel K. Wery, AICP Planning Boardti Z-1 Town Board TONW\� \\V sj-pQ3\('ojiirnon\Wap pin ger\'J'awil Board\Aflanfici051704-GMAoc DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: TEAHAN & CONSTANTINO 2780 SOUTH RD PO BOX 1969 POUGHKEEPSIE NY 12601. RECORDED: 04/13/2004 AT: 14:14:16 DOCUMENT #: 02 2004 4319 RECEIVED FROM: FELDMAN JACOBSON ABSTRACT GRANTOR: WAPPINGER TOWN GRANTEE: ATLANTIC MORTGAGE BANKERS LTD RECORDED IN: DEED TAX INSTRUMENT TYPE: . F A5 f DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 50.00 NUMBER OF PAGES: 6 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER : `'T! 52. E & A FORM: N *** DO NOT DETACH THIS *** PAGE TP -584: N *** THIS IS NOT A BILL COUNTY CLERK BY: DAB / RECEIPT NO: R35293 BATCH RECORD: B00348 -t4- 4"- COLETTE M. LAFUENTE County Clerk a � ax r AGREEMENT LIMITING AND REGULATING USE THIS AGREEMENT dated the day and year hereinafter set forth by and between TOWN OF WAPPINGER, Dutchess County, New York, with offices at Town of Wappinger, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, NY 12590 (Town) and ATLANTIC MORTGAGE BANKERS, LTD., a domestic corporation, with offices c/o Frederic M. Cantor, Century 21 Country Bumpkin, Route 9, P.O. Box D, Fishkill, New York 12524 (Owner) . WHEREAS, Owner owns a certain parcel of real property on the easterly side of U.S. Route 9 with tax grid no. 19-6156-02-73-7984 (the property); and WHEREAS, the property is currently located in an R2F zoning district on the Zoning Map of the Town of Wappinger; and WHEREAS, Owner has requested that Town amend the Zoning Map so as to place the property in an HB zone; and WHEREAS, Owner has offered to limit the uses allowed on the property under HB zoning as hereinafter set forth and to regulate water use and waste water disposal on the property as hereinafter set forth; and WHEREAS, Town finds and determines that the limitations and regulations as hereinafter set forth are appropriate for the property and further finds and determines that the property, with such limitations and regulations is appropriate for HB zoning. NOW, THEREFORE, Town and Owner, on consideration of their mutual agreements agree as follows: 1 4 i�' �r ti. Upon rezoning of the property from R2F to HB, the property shall be used only for the use listed as "professional, banking, business, governmental or other offices" in the HB zone pursuant to the Town of Wappinger Zoning Code. 2. Upon rezoning of the property from R2F to HB, the property may not be improved by a principal building containing more than a three thousand (3,000) square footprint and a total of six thousand (6,000) square feet in a two-story structure. 3. Upon rezoning of the property from R2F to HB, and at such time as a public water supply provided by the Town of Wappinger and/or a Town Water Improvement is placed in the public right-of- way adjoining the property and is physically available for connection to the property, and has an adequate supply of water to serve the property, the owner of the property shall, with all reasonable expedition, cause the property to be connected to such water supply. 4. At such time as a public waste water disposal line (sanitary sewer line) provided by the Town of Wappinger and/or a Town Sewer Improvement is placed in the public right-of-way adjoining the property and is available for connection to the property, and is physically available for connection to the property, and has adequate capacity to receive the waste water produced on the property, the owner of the property shall, with all reasonable expedition, cause the property to be connected to such waste water disposal line. Upon such connection, the owner of the property shall discontinue use of the waste water treatment facility located on the property and shall utilize only the connection with the Town or Town Sewer Improvement waste water disposal line (sanitary sewer line) for disposal of waste water. 5. Owner acknowledges that in order for the Town to provide public water or public sewer services to the subject property, the Town must undertake a public improvement, either by the formation of Sewer and Water Districts (Article XII or Article XII -A of Town Law) or Sewer and Water Improvements Areas (Article XII -C of Town Law) and, accordingly, Owner, for itself, its successors and assigns hereby affirmatively agrees not to object or oppose in any manner the formation of any such Sewer and Water District in any manner the formation of such Sewer and Water District and/or Water and Sewer Improvement Area which would include the subject premises. 6. This Agreement is intended to be a Permanent Agreement which shall inure to the benefit of and be binding upon the parties hereto, their respective successors and assigns, and, all terms, covenants and agreements herein contained shall run with the lands affected hereby and shall be perpetual in duration. 7. Owner shall execute the Declaration of Covenants and Restrictions for recording which Declaration shall be in a form acceptable to the Town Attorney for the Town of Wappinger and which Declaration shall incorporate the substance of this agreement. g. No building permit or other permit authorizing construction at this site will be issued until such time as the above -referenced Declaration of Covenants and Restrictions is recorded in the Office of the Dutchess County Clerk and proof thereof has been provided to the Zoning Administrator of the Town of Wappinger. 9. The premises which are the subject of this agreement are located in the Town of Wappinger, Dutchess County, New York and are described in a certain deed dated January 2, 1993 from William Gross to Atlantic Mortgage Bankers, Ltd., heretofore recorded in Liber 1926 of Deeds at Page 136 in the Office of the Dutchess County Clerk as follows: ALL that certain plot, piece or parcel of land situate lying and being in the TOWN OF WAPPINGER, County of Dutchess and State of New York, more fully described as follows: BEGINNING at a point marked by an iron pin set on the easterly side of the New York State Highway commonly known as Route 9 and at the southwest corner of Marcojohn and running thence along the southerly line of said Marcojohn North 88 degrees 41 minutes 00 seconds East 251.03 feet to a point marked by an iron pipe set at the south east corner of said Marcojohn; thence along lands of Werner Henzler, the grantor herein, South 14 degrees 59 minutes 40 seconds East 151.00 feet to a point marked by an iron pin and South 88 degrees 51 minutes 00 seconds West 251.03 feet to a point on the easterly side of said road; thence along the easterly side of said road North 14 degrees 59 minutes 00 seconds West 151.00 feet to the point of beginning. Dated: %\ 5 , 200 TOWN OF WAPPINGER SOR Dated:?1'r� 2003 ATLANTIC:MORTGAGE BANKERS, LTD. J BY: Y` - FREDERICV M. CANTOR, PRESIDENT STATE OF NEW YORK COUNTY OF DUTCHESS ) On this, day o Two Thousand ee, efore 'w otar Public in and for said State, me, the undersigned, a y personally known to me or personally appeared JOSEPH RUGGIERO, p Y proved to me on the basis of satisfactory evidence to be the individual (s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed this instrument. STATE OF NEW YORK )ss.: COUNTY OF DUTCHESS ) On this day of , , Two Thousand Three, before me, the undersigned, a Notary Public in and for said State, personally appeared FREDERICK[ M. CANTOR,, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed this instrument. Af Notary Public CARL R. YALVMNO WARY PIJBUC, State of Mw YA OIVA6012262 NOW is Dutchess Court C missim Expires &24,1t�c RECORD AND RETURN TOT��HA'a-A C ANTINO 2780 South Road- P.O. Box 1959 Poughkeepsie, New York 12601 3 Dated:?1'r� 2003 ATLANTIC:MORTGAGE BANKERS, LTD. J BY: Y` - FREDERICV M. CANTOR, PRESIDENT STATE OF NEW YORK COUNTY OF DUTCHESS ) On this, day o Two Thousand ee, efore 'w otar Public in and for said State, me, the undersigned, a y personally known to me or personally appeared JOSEPH RUGGIERO, p Y proved to me on the basis of satisfactory evidence to be the individual (s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed this instrument. STATE OF NEW YORK )ss.: COUNTY OF DUTCHESS ) On this day of , , Two Thousand Three, before me, the undersigned, a Notary Public in and for said State, personally appeared FREDERICK[ M. CANTOR,, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed this instrument. Af Notary Public CARL R. YALVMNO WARY PIJBUC, State of Mw YA OIVA6012262 NOW is Dutchess Court C missim Expires &24,1t�c RECORD AND RETURN TOT��HA'a-A C ANTINO 2780 South Road- P.O. Box 1959 Poughkeepsie, New York 12601 7C)NING',30ARD OF APPEALS February 12, 2004 To: Gloria Morse Town Clerk 1@111p pliq 1 1111 'fi, 11 11"1 �"t j A t1=1 81, 1. ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 ($45)297-4373 From, Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: SLD Holdings Appeal No. 04-7214 Attached you will find the original Application/Decision & Order for SLD Holdings, Route 9, wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments Oswald & Gillespie -Mr. Richard Cantor W A. DeDoininicis Zoning Board Town File Town Attorney Building Inspector— Zoning Administrator SUPERVISOR JOSEPH RUGGiER0 TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI RECEIVED, TOWN CLERK JP,,1--10-2003 FR I 11,54 AM 5 _ WAPP.TOWN--OLERK 8452981478 P, 02 SID AREA VAPJANCE+ (S) APPLICATION Cgtt APPLICATION TO ZONING, BOARD OP APPEALS TOWN OF WAPPINGER., DVTCEESS COUNTY, NEW YORK '4 t r� -To a, k o= AppeaI # 1-%- -! 1 Seto; t b�� Fee: - TO THE ZONING BOARD .OF APPEALS, TOWN OF WAPPINGER, NEW YORK: - f I (W'e) :SuD j�sal[�� ,J, �.1 L �lO � v� W—OMIAIC -is of --- . ,.,.. ,a. Name ofAp�reYl�nt(s) ,__ ..,,_.— . w esa m -,m �e� ekh tJ12,48 , 0115-631-515, (MailingAddress) (Tel. Nos. Homel ppork) HEREBY APPEAL TO THE ZONING BOARD OF APPEAL'S FROM THE DECISION/ACTION OF THE ZONING ADAUNISTRATOR, DATED , I9 AND TSO HEREBY APPLY FOR AN AREA. VARIANCE(S). Premis6s 1ocatad at 1" s i_ylP (Address of Property) � 615-6-.0,z- 73796Y 8 (Grid Nos.) • fZoning Aismw) I. RECORD OWNER OF PROPERTY' � � �► � � M64ta c P" rc • 0 1�iin1 -gip C��nn+i�1rN1�►� ��". �Sv11K.ift L �� - �� . (Address) (Phone Number) OWNER CONSENT: Datad: Signature; -- Printed., 2, ! AP"NCE(S) REQUEST., I (Vi E) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A VARIANCES) OF THE FOLLOWIN G REQLMNIENTS OF THE ZONING (Indicate Article, Section, Subsection and ) of Paragraph) JAN -10-2003 FRI 11:55 AM WP, T0VN-CLERK 8452981478 P. 03 ToWn of Wappinger Zoning Board of Appeals Area Valance Applicaiian Appeal No, Page 2 P�EQUMD. ` APPLICANTS) CAN PROVIDE. s MS REQUESTING. TQ ALLOW; r t c + s YA-EMtE NO.2 I (WE) HEREBY APPLY TO TIM ZONING BOARD OF APPEALS FOR A VARIANCE(S) OF TES. FOLLOWING REQUIREMENTS OF THE ZONING ORDINANCE. (1'ndicate .&ttcte, Section, Suhsecticn andParagraph) REQUMD; , - APPLICANT(S). CAN PROVIDE:— THUS REQUESTING: Z ' TO ALLOW: 3• RftQN FOR APPEAL (Please substantiate -the requ�sl by answerin awing question afi %Ise extra sheet, if necessary): A. 1F YOUR V IS (ARE) GRANTE WILL THE CHARACTER OF THE NEIai-moRHOOI? THOSE CHANGES BE I DETAIL C R.TMS CHANGE? WILL ANY OF P.NPLAIN YOUR ANSWER IN ...ui iv "VwW l't11 31 U I A I � I - ruii 1 . LUMI VL.L�1).4 To" of Wappij�ger zoning Board of Appeals Area Variance Application Appeal No, Page 2 �QUI�D� APPLICANT(S) CAN PROMS: THUS REQnSTINCr; TQ ALLOW: Y C PMRMY APPLY TO THE ZONING$OARD OF APPEALS VOR A' 'VARIANCE(S) OF THE FOLLO WANG REQUIREMENTS OF TEE ZONING ORDINANCE. (Iradl we Article, ,S'ection, Subsection and Paragraph) ,QLD; J }- - . MiUS REQUESTING: TO ALLOW. A r 3• SONFOR APPEAL (Please substantiate tha reg4ff by answering the za�g gins ill Use extra sheet, �fnecessary); A. IF YOUR V.0-rANC. GRANTED, IHO L THE CHARACTER OF THE NEIGHBORHOOD OR NE CHANGE? WILL ANY OF THOSE CX NOES BE NBGATI VE? P I�OLTR ANg WER IN DETAIL r. u6 r vil ll 1 r S 4iIM1Y vi.L:l)ll 1J c-vUJ 1'111 i! JJ i'lll - - Town of Wappiager Zonirng Burd ofA.ppa4s Arca Variance APPUcation Appeal No. . Page 2 APPLICANTS) CAN PRO' TUTUS REQLMSTING, TO ALLOW: Y_A . u yo. T (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS!FOR A' VARTANCE(S) OF TIM FOLLOWING REQUIREMENTS OF THE ZONING �ORDINANCF. Zito VIC1� 5� . pnatcate Armie, Lection, LwDsegzon ansa raragrapn) A?PLrcANT(S), CAN PROVI1 E: `1 i TRUS REQUESTING: TQ ALLOW. ' : (,dl L v✓%� _ ..� ✓� fl,r _ :: __ r (� 3. REASON FOR (Please Substantiate -the request by anrNer ing the fal g vestiohs in detail rise eet, if necessary) A. E' YOIM VA.RMCE(S) IS ( RANTED, HOW CHARACTER OF TM NEIGEMORHOOD OR NEARB PERTTE GE? WILL ANY OF THOSE CRANGES BE NEGATM? PLE AIN YOUR ANSWER IN DETAIL, A 3 c.UU%; l'1IS 11 I J Illl yYll1 i 1 S1Wl'1 VLi:I]l1 APPLICANT(S) CAN TETT.IS REQ STING; TO ALLOW —..000 fl'tJG�0141C} Y. �� Town ofwappinger Zoning Hoard of Appeals Arca Variance Application Appeal No. Wage 2 I (AVE) HB'Y' APPLY TO THE ZOMNG7BOAR D OF' APPEALS FOR. A' VAR ANCE(S) OF TTM FOLLOWING REQUIREMENTS OF TEM ZONING, ORDINANCE, (Indicate Ardole, Section, ,SYuArection and Paragraph) APPLICANT(S), CAN PP OVME: THUS REQUESTING: TO ALLOW. �V I-C-dnn-rA-4 3. REASON FOR (Please substantiate the request by awwering the, g question's in detail UP sat, Vnecessary); A. IF YOUR VA.FtMCE(S) IS ( RANTS]'], HUW CHARACTER OF TEE NEIGHBORHOOD OR, NEAR'B PERTME GE? WILL ANY OF THOSE CHANGES BE NEGATI E7 PLEA ATN YO UP, ANSWER IN T DETAIL, 3.` JnN-10-�JuU FRI 11:bb nn WUE TOWN-OLERK 8452981478 P. 03 9t F - Town of Wappinger Zoning Board of�ppeals Area Variance Application Appeal No. . Wage 2 REQ OW APPLICANT(S) CAN TH[TSEQUPSTTNG: TQ ALLOW: I (WE) PSBREBY APPLY TO TnE ZONING.�OARD Off' APPEALS -`OR A' VARrANCE(S) OF Irm FOLLOWNG REQUIREMENTS OF THE ZONING ORDINANCE. (Indicate Article, Section, Subsection and Paragraph) MQLMED: L e s APPLICANT(S), CAN PROVIDE: THUS REQUESTING TO ALLOW: 3, REASON FOR APPEAL (Phase ssibstantiate-the request by answering the following questions in detail. rise extra sheet, tf necessary); A. IF YOUR VARIANCE(S) IS (ARE) GRANTED, How WILL THE CHARACTER OF THE NEIGHBORHOOD OR NEARBY PROPERTIES CHANGE? WILL ANY OF THOSE CRANGE,S BE NEGATM? PLEAS.E MLAIN YOUR ANS WFR IN DETAIL, 01f21/2094 12:45 2261315 OSWALD GILLESPIE PC PAGE 32 8098.1478 P. 03 Town Of Wappiaoer Zomig Hoard Of �Pp Cah Area Yxime Application Appeal Na . Pap 2 REQUEED: APPLICANT(S) CAN PROME: TMUS REQUESTING}, TO ALLOW: I ME) H MMY APPLY TO TM ZONING J40ARD OV APPEALS FOR A' VARiANCWS) OF M FOLL©WNG REQUMM314TS OF THE ZOMNO ORDINANCE, �kd r 31 `' ��GCt Yfont�e , (7ndleate Arnele, Section, &tAmWon and Par h) APPLUCANT(S) CAN PROMS: MUS REQUMTW(3, TO ALLOW. 1er 3. KAON FOR APPEAL (Pleast ssbtfa,nfiate•rAo r+eque,tt by answering t he f¢llawing quastfona th detail Use aura thief, f necess4ry)1 A. IF YOUR VARL4.NC8(S) IS (ARR) GRANTED, HOW WELL THB QWWCM OF RVC��MVED THE NEIGHBORHOOD OR NEARBY FR01'SRTiES L ANY OF Mon CHANGES HT NjXKnVE7, PLEASE OUR ANSWER 119 DETAIL, SAM 21 �Q STRATOR 0 ONJN(� AU 104t TOWN OF %�App'NGER JAN -10-2003 FPI 11:55 AM WAPP.TOWN-CLERK 8452881478 P, 04 Torn of Wappingcr.Zoning Board of Appeals Area Variance Application Appeal No, page 3 E. 'PLEASE E)�PLAIN WHY YOtT NEED THE VARIANCE(S), IS THERB ANY WAY TO RFACH'S'I3E SAME USULT 'WITHOUT A VAPIAN'CE(S)? PLEASE ,13E SPECIFjC IN YOUR ANSWER. C. HOW BIG IS THE CRANGE FROM' THE -STANnARDS SET OUT IN THE ZONING LAW? IS THE REQUESTED AREA VARLWCE(S) SUBSTANTIAL? IF NOT, PLEASE EXPLAIN, IN bETAM, WHY IT IS NOT SUBSTANTL4.L. D. IF YOUR VARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL - ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE M'A,CTED? PLEASE-EY?LA.IN, IN DETAIL, WHY OR WHY NOT. . E, HOW DID YOUR NEED FOR AN AREA VARIANCE(S) COME ABOUT? IS -YOUR DIFFICULTY SELFwCREATED? PLEASE BXPLAIN YOUR ANSWEP, IN DETAIL,. Oro . 11 zle w� � c ✓� o,Ir r 1 JAN -10-2003 FRI 11:55 AM WAPP.TOWN-CLERK 8452081478 P, 05 Tawe of "iW'appinger Zoning Board of Appeals Area Vaxiance A:pplicat on Appeal No. page 4 4. LIST OF ATTACUMENTS ('heck applicable information) r� ( ) SURVEY DATED -� _ _ s LAST REVISED PREPARED BY ( ) PLOT PLAN DATED J (�) DRA.'WTNGS DATED (XLE'TTER OF CONWaMCATSON WHICH RESULTED IST APPLICATION TO 7M ZBA. 0.g,, recommendation from the Planning Board /ZopingDenial) LETTL�R FROM DATED: _ 11._ p � LETTER FROM _ DATED ; . { ) OTHER (please list): S, SIGNATURE AND VERIFICATION pLEASE BE ADVISED THAT ND APPLICATION CAN BE DEEMED COMP-LETE UNLESS SICTNED -BELOW, THE APPLICANT HEREBY STATES THAT ALL INFORMATION GIVEN IS ACCURATE AS OF THE DATE OF APPLICATION SIGNATURE SIGNATURE (Appellant) (If more than one Appellant) DATED: DA' M. MR JAR --10-2003 FRI 1iF55 Alf WAP?,`WDWN-CLERK 8452981479 P1 06 Town of Wappinger Zoni .g Board of Appoals Area Vadatce Application App eal No. 04-7214 Page 5 Y.,,1...1 Y4l.I1..141.1..1.,..1.f.Isa•al.11 YY Iw1...YflIti111 .l.!lY4414f. ..f.4i 41l 1lYalf..11llf lls, ... FY 1, i! ..1a I. Yi..l a,.0 ,.. 41s. a a.. 1111.H.....:•l.11aH ,../lfe Y..l.I...Y;i......-....IiY rrl a.fir ,....rasl... 14.f,1 FOR OFFICE USS ONLY 1. THE REQTJESTLD VAItYAN'CE(S) () WILL )WILL NOT PRODUCE AN UNDRSIRABLE.CHANGE IN THB CHARACTER OF THE NEIGHBORHOOD. ( ) YES / (x) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARLY PROPERTMS:. 2. THERE'( ) IS (.ARE) ! ( x J IS (AI.2E) NU OTHER FEASIBLE METHODS AvATLABLE FOR YOU TO FURSVE TO ACHIEVE THE BEFIT YOU SEEK OTHER. 'THAN TME REQUESTED VARIANCE(S). 3. THE REQUESTED AREA VARIANCE(S) ( X) IS ( ) 1 (} IS (' E') NOT SUBSTANTIAL. 4. THE PROPOSED VARTANCE(S) {) WILL ! ) WILL NOT HAVE AN ADVERSE EFFECT OR NFACT ON THB PHYSICAL OR ENVIRONMENTAL Co n)ITION'S IN THE NEIGHBORHOOD OR DISTRICT. S. THE A.LLBGED DIFFICULTY (x) IS I ( ) IS NOT S.ELF-CIEATFD- 0 A-10--2003 FRI 11;56 AMLAPP, 7OWl-CLERK ".8452981478 P, 07 Town of Wappinger Zoning Board of Appeals Area Variance Application Appeal No. 04-7214 Page 6 CONCLUSION: THEREFORE, IT WAS DETERMWED THE REQUESTED VARIANCE BE M GRANTED ( DENIED. CONWION&STIPTILATYONS: The following conditions and/or stipulations Were adopted by resolution of the Board as part of the action stated above: T1e Zoning Board_ of Appeals has voted to grant the following variances: 1. A rear yard setback of 21 feet for a sewerage treatment system. 2. A 2 foot rear yard setback for a pad for air conditioning. 3: A 2 foot rear yard setback for a pad for a back-up generator. 4. A 34 foot front yard setback for --a pad to support a dumpster.'. 5. A 6 foot side yard setback for a pad" to support a dumpster. 6. A variance of 1.48 acres for an undersized lot. (CONTINUED BELOW) (xx) FINDINGS & FACTS ATTACHED. FATED: February 12, 2004 ZONTNG BOARD OF APPEALS TOWN OF WAPPIN'GER., NSW YORK BY: . (C�rrnctnj . PRINT. 7. 8.04 inches granteA, where a frontage.of 150 feet is required. The Zoning Board of Appeals has also stipulated the following conditions: 1. -That the'dumpster in the front of the site is to be shielded to the satisfaction of the Planning Board: 2.1' That the seven granted variances are subject to the signing of the •.re -zone and its filing with the appropiate agencies. 3. The wetland not be disturbed more than the Law ,allows. SLD Holdin s 12-30-03.doc Page I of 2 P:}Docz�menislWapp (ZBAJ_ S _ December 30, 2003 Robert K Oswald, LS Michael E. Gillespie, PE Town of Wappinger Town Hall attn: Zoning Board Chairman and Boardmembers E 20 Middlebush Road Wappingers Falls, New York 12590 Re: Variances for SLD Holdings LLC Site Plan 1559 SuiteB NYS Route 9 Route 82 Hopewell Jct, NY 12533 Tax # 19-615E-02-737984 (845) 227--6227 Fax 226-1315 Dear Chairman and Boardmembers: Please find enclosed within this submission the following: • Seven (7) copies of site plan (Sheet 1) • One (1) copy of application One (1) copy of resolution approving zoning change by the Town Board (includes SEQRA determination) • One (1) copy of letter from Zoning Administrator dated 9111/03 The subject parcel resides within the HB zone. The Applicant is proposing to construct a 2 -story ±5,100 square -foot building (-+-2,550 SF/floor). The project is currently seeking approval from the Town Planning Board. As is evident by the application, there are several variances being requested. This is based on the fact that the lot is undersized, leaving the parcel with a very limited building envelope. Additionally, there are federally regulated wetlands on and adjacent to the site that further reduces the building envelope size. On December 3, 2003, representatives for the Applicant met with Tatiana Lukianoff and Al Roberts regarding the required variances for the proposed development of the site. There are several appurtenances required in order for the site to properly function. These appurtenances include a sewage treatment system, air conditioning, generator and dumpster. The sewage treatment system has several components, most of which are - -- regiured o have access" final grade: Additiongly,"an accessory building required for sand filtration. It was determined at the aforementioned meeting that the system as a whole required a variance for the rear yard setback. The SLD Holdin s 12-30-03.doc Page I of 2 P:}Docz�menislWapp (ZBAJ_ S _ closest individual component (post -aeration tank) was to determine the requested relief. The post -aeration tank is located such that the distance to the nearest part of the tank from the remaining wetland is 9 feet, therefore the Applicant is seeking relief of 21 feet. It is worthy to note that the site is required to abandon the sewage treatment system and hook into the Town sewer system when it becomes available. It is anticipated by the Town Engineer that the central sewer will be available in approximately seven (7) years. At such time that the site hooks into the sewer system, the individual components are all required to be abandoned. The air conditioning, the generator and the dumpster all require concrete pads that are considered structures. As these structures are located within the setbacks, variances are required. The air conditioning pads are (at closest) 28 feet from the rear line, requiring a relief of 2 feet. The generator pad is also located 28 feet from the rear line, requiring a relief of 2 feet. The dumpster pad is located 4 feet from the side line and 41 feet from the front line requiring a relief of 6 feet and 34 feet, respectively. The final variance sought is for the under -sized lot. Based on the zoning code and on the aforementioned meeting, a variance is required for the lot size. Pre-existing under -sized lots would not require an area variance if all required dimensions with the exception of lot width and lot depth are rnet_ As the street frontage falls 0.67' short, a variance is required. On behalf of our client, we would respectfully request to be placed on the January 13, 2004 agenda to discuss these requested variances. If you have any questions or require additional information, please feel free to call. Thank You. Si cerely, Daniel G. Koehler cc: A. DeDominicis (via fax 845-831-0967) R. Cantor, Esq. (via fax 845-452-1421) file P:lDocuntenlslWapp (ZBA)_SLD Holdings_12-30-03.doc Page 2 of 2 EEP-15-2003 BION 02140 PM ZONIM13 ADMIN[STRATOR TA IANA LUX IANOFF September 11, 2003 WAPP, TOWN --CLERK 8452981478 TOWN OF WAPPINGER Planning Board Members Town of Wappinger ZONING DEPARTME=NT 20 MIDDI-EfWSH ROAD WAPPINGERS FALLS, NY 92590.0324 (845) 2976257 FAX: (W) 297-4558 RE: SLD Holl . in. s LLG- Route 9 Tax Grid # 6186.02-T-37984 Dear Planning Board Members: P. C2 8UPEFW[$0P JOSEPH RUGGIERO TOWN COUNCIL VIN0ENT BE771NA Q8RISTOPHE8 J. CDLSEY J055PH P. PAOLONI R013FR7 L. VALDATI As per your request I have researched the matter of whether an Area Variance would be necessary for the temoorary installation of a sewage disposal system at the above referenced location. Said system, consisting of five subterraneous components with associated piping, as well as a sand filter building, infringes into the setback requirement of the site. The proposed system is definitely a structure. Section 240-5 of 1h9 Co a of the ow of Wa in a defines structure as "anything constructed or�erected, the use. of which requires location on, in or under the ground.,.,,.,... As such 'it will require an Area Variance. Moreover, l will definitely. request that, should the Zoning Board of Appeals grant this appeal, conditions be imposed on the variance so that the structure in question,. particularly the sand filter building, could not be converted and/or adapted for another use once the presentl s ecifia use. is discontinued. Any future changes would first require Planning B6alyd approval, SEP -15-2003 NN 02:40 PM WAPR TNN -CLERK 8452981478 P, 03 Very truly yours, Id@nq _ ftp lanoff Zoning Administrator cc: Dion. Joseph Ruggiero, Supervisor Town Board Members Hon, Gloria Morse, Town Clerk ' Zgning hoard of Appeals Members Mr. Arthur DaDoml.nicus, applicant Mr. Daniel G. Koehler, engineer for Oswald Gillespie, PC Mr. Albert P. Roberts, Esq. Mr. Jay Paggi, Jr., P.E. Mr. Daniel Wery, AIGP file Se By: Teahan & Constantino; ViNC?.Nrr L. TEAHAN JAMES P. CONSTANTINO MARMYN R RF..RSON RICHARD 1. CANTnR MTPHEN CF DIAMOND STEPHEN M. FRIEDBERG ELICIT D. HAWKINS COUNSEL March 15, 2004 VIA FAX 297-4558 845 452 1421; Mar -15-04 12:16PM; Page 111 TEAHAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. 0. BOX 1969 POUGHKE,EPSIE, NEW YORK 12601-0969 (845) 4.52.1834 Fax (845) 452-I4ZI E -Mail PoughkeepsitOTCT=Plan.com Barbara Roberti, Secretary Planning Board and Zoning Board Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 RE: SLD HOLDINGS; APPEAL 04-7214 Dear Barbara: MILLBROOK OFPICE 4 L FRONT STB=,, SUM A PC:. BOX 1 isi MILLBkOOK, NEW YORK ] 2545 Tel (845) 677-2101 Fax (845) 677-10,54 &Mail MillbrvokQTCPaxP1:3n.cgm iNTFRNET HOME PAGE wwwTCTaxPlan.com [REGMWMD MAR 15 210Af ZONING ADMINISTRATOR TOWN Or INAPPINGER Please be good enough to provide me with a copy of the decision of the Zoning Board of Appeals in the above matter certified by you as secretary of the Zoning Board, or, if you prefer, certified by ono of the Mcmbcrs. You previously sent me a copy of the filing that you made with the Town Clerk. For file purposes, however, I need a certified copy of the decision. Very truly yours, STATE OF NEW YORK, COUNTY OF DUTCHESS, t u: TOWN OF WAPFIINGER I, GLORIA J. MORSE, Town Clerk of the Town of Wappinger, N.Y., do hereby certify that I have compared the foregoing copy of the Decision of the Zoning Board of Appeals for SLD Holdings Appeal 04-7214 that was granted on February 12, 2004. with ing on e or this ice and have found the same to be a corrrecord therwi now reectatranscript�therefrfom amend tthhe whole of such original record. IN TESTIMONYVM.REOF, I have to set my hand, and affixed my seal of office, this y lerk By .____ i_, Deputy Clerk VINCENT L. TEAHAN JAMES P. CONSTANTINO MARILYN D. BERSON RICHARD I. CANTOR STEPHEN CT DIAMOND STEPHEN M.FRIEDBERG ELIOT D. HAWIdNNS COUNSEL December 23, 2003 i EAHAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGHKEEPSIE, NEW YORK 12601-0969 (845) 462-1834 Fax (845) 452-1421 E,NWt Poughkeepsie®TCTaxPlan.coin VIA FAX 297-4558 and MAIL Hon. Joseph Ruggiero Town Supervisor Town of Wappinger 20 middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 RECEIVED MILLBROOK OFFICE 41 FRONT STREET, SUITE A P.O. BOX 1181 MILLBROOK, NEW YORK 12545 Tel (845) 677-2101 Fax (845) 677-1054 E -Mail Mi11bIDok0TCTaxPla )-com INTERNET HOME PAGE wwwTCTaxPlan.com 'SUPLI-, `b`0wt RE: PROPERTY OF BEVERLY L. CANTER, ROUTE 9 AND SOUTH FOWLER HOUSE ROAD, TOWN OF WAPPINGER Dear Supervisor Ruggiero: I am writing as a follow up to my meeting with you on Monday, December 22, 2003. As I have indicated to you, my client, Beverly Canter, owns a five acre parcel on the easterly side of Route 9 at its intersection with South Fowler House Road. The client has owned the property since 1988. I enclose a copy of the deed for the property. The property is five acres in size and is zoned R -2F. This zoning for a parcel fronting on Route 9 makes the property virtually unusable. The principal developable area of the parcel is the front two acres - the two acres that front on Route 9. The back three acres have a limited ability for development. Because of topography, drainage, wetlands and the like, the back three acres are amenable to a lower density of development than the front two acres. My client is requesting that the Town rezone the property from R -2F to HB. The HB zoning designation is the standard zoning designation for properties up and down Route 9. TEAHAN & CONSTANTINO Town Supervisor Ruggiero page 2 December 23, 2003 Further, my client is willing to consider a number of variations. For example, my client is willing to consider a rezoning of all five acres to HB, a subdivision of the parcel into a two acre front piece and a three acre back piece, and a donation of the three acre back piece to the Town. The Town would be free to use the back three acres for any purpose that made sense to the Town - open space, drainage area, resale for limited development, or such other use as made sense to the Town. Another possible variation would provide for rezoning of the front two acres only with limited residential development on the back three acres. My client is also prepared to review the.permitted HB uses and to eliminate those HB uses from the rezoning that appear to be inappropriate for the location. My client is prepared to enter into the appropriate arrangements, deed restrictions for example, that would make such limitations enforceable and permanent. I am requesting that you bring this request to the attention of the Town Board and also that you bring this request to the attention of the Master Plan Committee. In my opinion, as I indicated to you, this is not truly a Master Plan issue but, rather, a correction of an anomaly. This small parcel on Route 9 is simply incorrectly zoned. While I understand the need for the Town Board and the Master Plan committee to be apprised of this matter, I am asking that the 'To%,n Boarri _ and. the Master Plan Committee agree that this small rezoning request can proceed on its own merits and that it not be tied to the Master Plan process. The Master Plan process is going to take many months and then a far longer period of time is going to be taken in drafting a revised Zoning Code. My client who has owned this property sine 1988 and paid taxes on it since 1988 (taxes that were based upon a commercial assessment) should not be delayed in obtaining a rezoning by reason of Town -wide Master Plan issues. Again, I make this last point because of my assertion that this request is not truly a Master Plan kind of issue but; rather, a correction of an anomaly. TEAHAN & CONSTANTINO Town Supervisor Ruggiero Page 3 December 23, 2003 I will be pleased to appear before the Town Board and/or the Master Plan Committee to make a presentation. Please be good enough to get back to me as quickly as possible. I thank you in advance for your anticipated courtesy and cooperation. Respectfully submitted, RIC.gg RICHARD I. CANTOR Encs. cc: Ms. Beverly Canter i i i TAX NLS { DEslc��nox TI ol.: 5<r. BIL 4 -- -- - ---- •.� ..�r.r..� --1 1MIS LN7RUMEHT—THIS INSTRUMENT Sijo ULD BE USED 9Y "WYERS OHL\ THIS INDENI'.AiE, made the 1� day of4 "C to �netee,, hundred and EIGHTY'EIGHT BETWEEN MYSLI-M RiIKA residing at P-0. Sox 695, Beacon, NY and LEON STEIN, residing at 31 '� Maple Street, Poughkeepsie, NY party of the fiat part, and i BEVERLY L. CANTER, residing at 128 Ringwood Park, Poughkeepsie, NY party of the second part, %Vr NE,S5ETH, that the party of the first pan, in rnnsideration of TEN DOLLARS ($ l0. o 0 ) and other good and valuable consideration dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party 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 Wappinger known as Lot Nos. 2 and 3, on a map entitled "Subdivision Section 2" lands of Joseph and Connie Rossetti, Route 9, Town of Wappinger, Outchess County, N.Y. prepared February 28, 1973, as revised May 30, 1973 and filed in the Office of the Clerk of Duchess County on June 5, 1973, as flap No. 4146, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the West Line of Route 9, relocated Fishkill-- Wappinger State Highway, said point being a concrete monument at the intersection of said road line with the north line of South Fowler House Road, relocated, thence along said North road line South -83°36'35" West 68.80 feet, and South 42'42'02" West for 110.35 feet, thence North 82149100" West for 719.58 feet, to the East Line of south Fowlerhouse Road, thence along said East road line North 12°01'04" East for 310.00 feet; thence South 82149100" East for 555.58 feet to the northwest corner of lands of D 6 N Realty Corp_, thence along their West and South lines South 07'11'00" West for 125.00 feet, and South 87°32'20" East for 255.65 feet to the West line of the State Highway aforesaid, thence along said highway line South 54139" East for 100,00 feet to the point and place of beginning, Containing 5_004 acres more or less. w ' �• ; • i n�ca 1811. � 321 m � � � •�3�� tled � e�.t ys m� Y V 6. i 1 BLfTCHESS COL;.7T CLER 5 OFFICE RECEIV -2 / E6 ON7HE10AYp I a o AT ---_Z ., TA -.J p „ 0 t �-L "- d...... BOOK ho. F// N EfOFDE rN _y OF c s IE AT PAGE J -2 ! EXAMINED rn N 'SEP? CLERK 21 w ' �• ; • i n�ca 1811. � 321 m � � � •�3�� tled � e�.t ys m� Y V 6. i 1 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, TOG! THER 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 party of the second part, the heirs or successors and assigns of the party of the second part forever- AND orever AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid, AND the party 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost of the imptovcrncnt 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 "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires_ IN WII7ATM WHEREOF, the party of the first part bas duly executod this decd the day and year fist above written. TN PRESENCC OF: -323 F,t X23 iii IS It fct U4 srm OF KEw TOac CoYK1T o/If DUTCH.ESS ..: STATE OF KEW YOnK COUKTY OF 0n the 16 day 0( "-14.,6, 19 88, before me On the day of 3 _7 , before me Personally came MYSLIM KUKA and 1ersomn), came LEON STEIN to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, acknowledged that executed the foregoing 1nctrumcn4 xrd ari nowledged that e{ayted the ane. � � dctatcd the same. NOTARY 11 C Nota -y Pt -2 , S -arc - 0, York Qualified in Gutches County Commission Expires March 30, 1 STATE OF KEW YORK COOMTT OF u: l STATE OF NEW TOM COGKTY OF 0n the day of 19 , before me On the day of 19 , before me persomlly came personally Came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No, whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in acrd which executed the foregoing instrument; that he to be the individual )mows the seal of said corporation; that the sea] affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that h0. said witness, tion, and that he signed in name thereto by bice order. at the same time subscribed h name u witness thereto. J amp tt anb lbale ]Derb WI(H COVENANT AGAINST GRANTOR'S ACTS Tir[E NM MYSLIM KUKA and LEON STEIN TO BEVERLY CANTER sruoAm row a wnV mac W_ er nvr aoaw tPF" v:w.li..eA 1y )e� TITLE GUARANTEE- NEWYORK AmGOR CmAPM7Y SEMON BLOCK LOT COUNTT OR TOWN TAX BTLL[NG ADDRESS 119—ded At Ilea— or Tne Tine G,amnlee company , REMIN BY MAIL TO: 41D llt��y -322 181: ir-�n 322 All that tract or parcel of land situate in the Town of Wappinger, County. of Dutchess, and the State of New York, known and designated as Lots No. 2 and No. 3, as shown on a map entitled "Section 2, Lands of Joseph k Connie Rossetti,' filed in the Dutchess County Clerk's Office on 6/05/73 as Map No. 4146, bounded and described as follows: Beginning at a point in the Westerly line of Route 9 (Relocated Fishkill-Wappinger State Highway), said point being the intersection of the said Westerly line of Route 9 (Relocated Fishkill-Wappinger State Highway) with the Northerly line of South Fowlerhouse Road; thence along the said Northerly and the Northwesterly lines of South Fowlerhouse Road the following two courses: South 83-36-35 West 68.80 feet to a point and South 42-42-02 West 110.35 feet to a point; thence along the Northerly lines of Lots No. 14, No. 15, No. 16, No. 17 and No. 18, as shown on a map entitled 'Section 3, Lots 9 - 10, and 12 - 18 Inclusive, Card Development,' filed in the Dutchess County Clerk's Office on 10/02/56 as Map No. 2716, partially along a stone -wall, and passing over an iron rod found on line, North 82-49-00 West 719.58 feet to a point, said point being 450.00 feet Westerly from the said iron rod found; thence along the Easterly lines of lands now or formerly Zottola (Liber 1621, cp 625) and Peggy Lane North 12-01-04 East 310.00 feet to a point; thence along the Southerly lines of lands now or formerly Vincent (Liber 1677, cp 646), lands now or 'formerly Hirkala (Liber 1318, cp 358), and Lots No. 5, No. 4, No. 31 and No. 2, as shown on a map entitled 'Card Development,' filed in the Dutchess County Clerk's Office on 10/15/53 as Map No. 2524, South 82--49-00 East 555.58 feet to a point; thence along the Westerly and Southerly lines of lands now or formerly Erbesh (Liber 1725, cp 476) the following two courses: South 7-11-00 West 125.00 feet to a point and South 87-32-20 East 255.65 feet to a point in the said Westerly line of Route- 9 (Relocated Fishki--]I�Wappl7iger -Stafe_Hi hLaLaCyT;�-:-JLhen-ce - _.,.__--._ A1-cih the said Westerly i ine of Route 9 (Relocated Fishkill-Wappinger State Highway) South 0-54--38 East 100.00 feet to the paint or place of beginning. Containing 5.004 acres of land, more or less. VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KENNETH M. STENGER (845) 298-2000 IRA A. PERGAMENT ALBERT P. ROBERTS LEGAL ASSISTANTS: LOUIS 7. VIGLOTTI FAX (845) 298-2842 AMY E. DECARLO JOAN F. GARRETT** a -main VSRP@BestWeb.net LISA MARTELL THOMAS R. DAVIS KAREN P. MACNISH KEVIN T. MCDERMOTT STEVEN K. PATTERSON JAY B. RENFRO •ADIMM TO PRACTICE IN NY & FLA. •-ADMr1TED To PRACTICE IN NY & CONN. VIA FACSINIILE (473-2595) A -D REGULAR I AIL February 24, 2003 Teahan & Constantino 2780 South Road P.O. Box 1969 Poughkeepsie, New York 12601 AttentionRichard I. Cantor,_ Esq. Re: Atlantic Mortgage Properties, Ltd. File No. 12951.0487 Dear Richard: POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY r0: ( ) POUGHKEEPSIE () WAPPING -EPS ( ) PINE PLAINS RECEIVED MAR `o. 2003: TOWN CLERK This letter will confirm my conversation with you regarding the Town's formula for Benefit Unit charges for capital expenditures in connection with the creation and formation of Water and Sewer Improvements. The total cost of the project is pro -rated 'between Residential properties as a class and Industrial, Commercial and Institutional properties as a class. The Residential share of costs is then pro -rated among residential properties essentially as follows: Single family dwelling (including condo unit, apartment, etc.) and lot = 1.00 Benefit Unit not exceeding 2 acres Vacant lot less than 2 acres. = 0.8 Benefit Units Additional vacant land over = 0.2 Benefit Units per '2 acres additional acre 0:1WAPPINGE1Town Board\Atlantic1022103-cantor.doe The Industrial, Commercial and Institutional share of costs is then pro -rated among the parcels within that class based on the assessed valuation. This has been the formula used for Improvement Area/Districts in the Town of Wappinger since the 1960s. It has been the Town's practice to form Improvement Areas pursuant to Article 12-c of the Town Law. Article 12-c improvements require approval of the Department of Audit and Control. Should the Town depart from creating a 12-c Improvement Area and create an improvement District under Article 12 or 12-a of the Town Law, the Town would then have to establish that it meets financial thresholds established by the Department of Audit and Control or seek Audit and Control's approval for the proposed cost. Your client will be notified of the proposed formation of any Improvement Area/ District and would, as a matter of course, be invited to attend Public Hearings on the proposed formation of the Improvement Area and comment on same. Unfortunately, costs for the water or sewer lines along Route 9 are expensive. If the Town meets the threshold established by Audit and Control, or otherwise receives Audit and Control's approval for a water or sewer project, it would appear that such approval would satisfy your client's concern that the cost not be excessive. The clause in the Agreement was not intended to inhibit your client from raising legitimate financial concerns at the Public Hearings. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP /s/ ALBERT P. ROBERTS APR/bg Cc: Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town Clerk Town Board rile Joseph E. Paggi, Jr., P.E. Daniel K. Wery, AICP OAWAPPINGE1Town Board\At]antic1022103-cantor.doc 2/10/03 (DRAFT) RESOLUTION NO, 2oo3,- 7 TOWN OF WAPPINGER TOWN BOARD 1K#141 110.1"10 XUAM I DMAWMI 0, )A Do FA,-I;j P F At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 1061 day of February 2003 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor Councilpersons JOSEPH RUGGIERO VINCENT F. BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI -%* kRXx1xxVA1ZMffl Robert Valdati The following resolution was moved by CoWiCilperSOII Bettina seconded by Councilperson colsey WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York has received the petition of Atlantic Mortgage Bankers, Ltd. to rezone a 0.52 -acre parcel from the R -2F 2 -Family Residence District to the HB Highway Business District (the "Proposed Action"); and WHEREAS, the 0.52 -acre parcel is located on the easterly side of Route 9 approximately 600 feet south of the intersection of Route 9 and Smithtown Road in the R -2F 2 -Family Residence Zoning District and is otherwise known as Tax Lot 6156-02- 737984 (the "Site"); and WHEREAS, the rezoning request was accompanied by a full Environmental Assessment Form (Part 1) dated 1115101 and a conceptual site plan entitled "Site Plan for SLD Holdings Ltd.," prepared by Day, Oswald and Gillespie, and dated 12/:5/01; and WHEREAS, at its November 4, 2002 meeting, the Planning Board recommended the rezoning, provided that the development of the site be limited to a 6,000 square foot office building and as set forth in the petitioner's application; and ATLANTIC MORTAGE BANKERS, LTD. RESOLUTION ESTABLISHNG A COORDINATED REVIEW AND LEAD AGENCY WHEREAS, the Proposed Action involves other agencies, including: the Town of Wappinger Planning Board; the Town of Wappinger Zoning Board of Appeals (should an area variance be required); The Dutchess County Health Department; the New York State Department of Transportation; and the New York State Department of Environmental Conservation; and WHEREAS, by Notice of Intent to be Lead Agency dated December 9, 2002, the Town Board circulated its notice of intent to be the Lead Agency with respect to the proposed action, which notice stated that unless an objection is expressed and received in writing from an involved agency by January 8, 2003, (30 days from the date of the notice) the Town Board will assume the role of the Lead Agency; and WHEREAS, no objections were received and the 30 day comment period has expired;. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein, 2. The Proposed Action, as herein defined, together with all other necessary approvals for the construction of a 6,000 square foot office building, is subject to both SEQR and the Town of Wappinger Environmental Quality Review Law (WEQR). 3- The Proposed Action is an Unlisted Action pursuant to both SEQR and WEQR. 4. The Town Board hereby affirms that it has assumed the role of and shall act as Lead Agency for the environmental review of the Proposed Action and shall provide for a coordinated review. 5. The Town Clerk shall circulate a copy of this resolution to the following involved agencies: a. The Town of Wappinger Planning Board; b. The Town of Wappinger Zoning Board of Appeals; C. The Dutchess County Health Department; d The New York State Department of Transportation; and e. The New York State Department of Environmental Conservation. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: ATLANTIC MORTAGE BANKERS, LTD - RESOLUTION ESTABLISH NGY A COORDINATED REVIEW AND LEAD AGENCY JOSEPH RUGGIERO voting Aye VINCENT F. BETTINA voting _Aye CHRISTOPHER J. COLSEY voting Aye JOSEPH P. PAOLONI votingAgee ROBERT L. VALDATI voting , Ah G Pn t The resolution is hereby duly declared adopted. Dated: February 10, 2003 Wappingers Falls, New York Town Clerk Town of W, j.ldocs215001wappingerlathmtic.gmlead2.4©2. dkw.doc C FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/EnvironmentlTransportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 a FAX (914) 967-6615 MEMORANDUM To: Honorable Supervisor Joseph Ruggiero and the Town of Wappinger Town Board Date: February 10, 2003 David H. Stolman, AICP, PP Michael A. Galante Joanne P. Meder, AICP Daniel K Wery, AICP David J. Portman, FA/CP Howard 1. Reynolds, PE Subject: Atlantic Mortgage Bankers, Ltd. Proposed Rezoning — Resolution Affirmine the Town Board to be the Lead Agency As requested, we have prepared the attached resolution for the above captioned matter for the Board's review and consideration. Daniel K. Wery, AICP Vice President/Plamung Attachment cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Gloria Morse, Town Clerk j:%docs215oo1wappingerratlarEtic.prn.Iead.cov.".doc TEAaAN & CONSTANTINO VINCENT L. TEAHAN COUNSELLORS AT LAW MILLBROOK OFFICE JAMES. P-OONSTANTINO 2780 SOUTH ROAD 41 FRONT STREFr: SUITE A P.O. Box 1181 RICHARD I. CANTOR JAMES E. COOMBS R O. BOX 1969 MILLBROOK, NEW YORK 12545 STEPHEN C.F DIAMOND POUGHKEEPSIE, NEW YORK 12601-0969 Tex (845) 677-2101 STEPHEN M. FRIEDBERG Fait EL.IOT D. HAWKINS (845) 452-1834 E -Mail 1054 MillbrookOTCTaxPlancom COUNSEL Fax (845) 452-1421 INTERNET HOME PAGE January 23, 2003 E -Mail Poughkeepsie®TCTaxPlan.com wwwTCTaxPlart.com Hon. Joseph Ruggiero, Town Supervisor and Members of the Town Board of the Town'of Wappinger COPY 20 Middlebush Road -- P.O. Box 324 JAN 2 7 2003 Wappingers Falls, NY 12590 SUPERVISOR'S OFFICE RE: APPLICATION OF ATLANTIC MORTGAGE BANKERST I70MINTe1311 DETERMINATION OF LEAD AGENCY; TOWN BOARD MEETING OF FEBRUARY 10, 2003 Dear Supervisor Ruggiero and Members of the Town Board: I previously wrote to you by letter dated December 16, 2002 asking that you place the above matter on your upcoming meeting agenda for Monday, January 27, 2003. I am now advised that the January 27 meeting is going to.,be limited to a.statement by the Supervisor vis-a-vis the state of the Town. I am further advised that the next general meeting of the Town Board will be February 10, 2003. Accordingly, I am asking that the subject matter of the requested rezoning and the establishment of lead agency be placed upon the Town Board agenda for the 10' of February. Assuming that no other involved agency has requested to be lead agency,I am.hoping that the Town Board will confirm its lead agency status and, further,. I am hoping that the Town's consultants, Mr. Wery, Mr. Paggi and Mr. Roberts, will have had an opportunity to prepare a report to you on the. environmental review and a proposed negative declaration that you may review so that you may be in a position to act on it on your meeting following the February 10 meeting. Respectfully submitted, RIC:gg RICHARD I CANTOR cc: Al Roberts, Esq. VIA FAX 298-2842 Dan Wery VIA FAX 967--6615 Jay Paggi, P.E. VIA FAX 471-0905 Mike Gillespie and Dan Koehler VIA FAX 226-1315 Arthur DeDominicis VIA FAX 831-0967 Matt Rudikoff VIA FAX 831-2696 VINCENT L. TEAHAN JAMES P CONSTANTINO RICHARD L CANTOR JAMES E. COOMBS S7EPkiEN C.E DIAMOND STEPHEN M.FRIEDBERG ELIOT D. HAWKINS COUNSEL January 23, 2003 VIA FAX 297-4558 TEAHAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGHI<F-EPSIE, NEW YORK 12601-0969 (845) 452-1834 Fax (845) 452-1421 E -Mali Poughkeepsie®TCTaxPlan.com Attention: Gloria Morse, Town Clerk Town of Wapping-er 20.Middlebush Road - P.O. Box 324 Wappingers Falls, NY 12590 MILLBROOK OFFICE 41 FRONT STREET, SUITE A P.O. BOX 1181 MILLBROOK, NEW YORK 12545 Tel (845) 677-2101 Fax (845) 677-1054 E -Mail Millbrook®TCTaxPlan.com INTERNET HOME PAGE wwwTCTaxPlan.corn RE: TOWN BOARD MEETING OF FEBRUARY.10, 2003 ATLANTIC MORTGAGE BANKERS PROPERTY; ROUTE 9, TOWN OF WAPPINGER Dear Town Clerk Morse: I enclose a copy of my letter of this day to the Town Board. I am requesting that an agenda entry be made for Atlantic Mortgage Bankers for determination of lead agency and discussion of environmental review for the Town Board meeting of Monday, February 10, 2003. Respectfully submitted, RICHARD I. CANTOR RIC:gg Encs. cc w/encs Al Roberts, Esq. VIA FAX 298-2842 Dan Wery VIA FAX 967-6615 Jay Paggi, P.E. VIA FAX 471-0905 Mike Gillespie and Dan Koehler VIA FAX 226=1315 Arthur DeDominicis VIA FAX 831-0967 Matt Rudikoff VIA FAX 8312696 TOWN CLERK GLORIA J. MORSE February 25, 2003 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 Re: Atlantic Mortgage Bankers Ltd. Proposed Rezoning SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI To Whom It May Concern: Enclosed for your records is Resolution No. 2003-71 that was adopted at the Town Board Meeting of February 24, 2003, establishing the Town of Wappinger as Lead Agency for the above captioned petitioner. Sincerely, Glori . M rse Town Clerk gjm/fh enclosure VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 GERALD A. VERGILIS* FAX (845) 298-2842 OF COUNSEL: KENNETH M. STENGER a-ma17: VIRA A. PERGAM.MENT ALBERT P. ROBERTS � \ / C LEGAL ASSISTANTS_: LOUIS J. VIGLOTTI [ 1/ G JOAN F. GARRETT** THOMAS R. DAVIS PHILIP GIAMPORTONE KAREN P. MACNISH •AMUrT <D TO PRACTICE IN NY & FLA. •*ADNff= TO PRACITCE IN NY & CONN. FEB 2 0 2003 TOWN CLERK VIA FACSIMILE (473-2595) AND REGULAR MAIL February 19, 2003 Teahan & Constantino 2780 South Road P.O. Box 1969 Poughkeepsie, New York 12601 Attention: Richard I. Cantor, Esq. Re: Atlantic Mortgage Properties, Ltd. File No. 12951.0487 Dear Richard: AMY E. DSCARLO LISA MARTELL POUGBI EEPSIE OFFICE 276 MAIM MALL POUGHKEE.PSIE, NY 12601 (845) 452-1046 ADDRES?REPLYTO: ( } POUGEziWpSm ( } WAPPINGERS RErEIVED Attached please find my proposed amendments to your Agreement Limiting and Regulating Use. I am not anticipating any objections by you and accordingly, I am submitting same to the Town Board. I do not believe we will have any difficulties transferring the contents of this Agreement into a Declaration of Covenants and Restrictions, which I would prefer be recorded immediately after a Local Law is introduced approving the rezoning. Very truly ours, VERGILTENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP -ALBERT BERTS APR/b&/ Enclosure 0:IWAPPINGE1Town Board\Atlantic1021903-cantor.doc Dictated but not proof read by Albert P. Roberts cc w/ copies of Agreement and amendments: Hon. Gloria Morse, Town Clerk Town Board File Planning Board Joseph E. Paggi, Jr., P.E. Daniel K. Wery, AICP O:IWAPPINGE1Town BoaTd\Atlantic\021903-cantnr.doc Dictated but not proof read by Albert P. Roberts AGREEMENT LIMITING AND REGULATING USE between Town of Wappinger and Atlantic Mortgage Bankers, Ltd. CHANGE IN PARAGRAPH 1: Change "Town of Wappinger Zoning Ordinance" to "Town of Wappinger Zoning Code" NEW PARAGRAPH 5. Replace Paragraph 5 with: Owner acknowledges that in order for the Town to provide public water or public sewer services to the subject property, the Town must undertake a public improvement, either by the formation of Sewer and Water Districts (Article XII or Article XII -A of Town Law) or Sewer and Water Improvement Areas (Article.H-[-C of Town Law) and, accordingly, Owner, for itse f its successors and assigns hereby aff rmatively agrees not to object or impose in any manner the formation of any such Sewer and Water District and/or Water and Sewer Improvement Area which would include the subject premises. NEW PARAGRAPH 6.- Replace : Replace Paragraph b with: This Agreement is intended to be a Permanent Agreement which shall inure to the benefit of and be binding on the parties hereto, their respective successors and assigns, and, all terms, covenants, and agreements herein contained shall run with the lands affected hereby and shall be perpetual in duration. :sr •ll-• No building permit or other permit authorizing construction at this site will be issued until such time as the above -referenced Declaration of Covenants and Restrictions is recorded in the Office of the Dutchess County Clerk and proof thereof has been provided to the Zoning Administrator of the Town of Wappinger. 0:1WAPPINGE\Town Board\Atlantic\Agreement - Revisions.doe DICTATED BUT NOT PROOF READ BY ALBERT P. ROBERTS vLiI470315:1`1 YA1 41144T32"6 &C CANfOK AGREEMENT LIMITING AND REGULATING USE THIS AGREEMENT dated the day and year hereinafter set forth by and between TOWN OF WAPPINGER, Dutcheas County, New York, with offices at Town of Wappinger, 20 Middlebush Road, P.O. Box 324 Wappingers Fails, NY 12590 (Town) and ATLANTIC MORTGAGE BANKERS, LTD., a New York corporation, with offices c/o Frederick M. Cantor, Century 21 Country Bumpkin, Route 9, P.O. Box D, Fishkill, New York 12524 1002 (Owner) . WHEREAS, Owner owns a certain parcel of real property on the 1 easterly side of U.S. Route 9 with tax grid no. 19-6156-02-73-7964 (the property); and i WHEREAS, the property is currently located in an R2F zoning district on the Zoning Map of the Town of Wappinger; and WHEREAS, Owner has requested that Town amend the Zoning Map so as to place the property in an HB zone; and WHEREAS, owner has offered to limit the uses allowed on the property under HB zoning as hereinafter set forth and to regulate water use and waste water disposal on the property as hereinafter set forth; and WHEREAS, Town finds and determines that the limitations and regulations as hereinafter set forth are appropriate for the property and further finds and determines that the property, with such limitations and regulations is appropriate for HB zoning. NOW, THEREFORE, Town and owner, on consideration of their mutual agreements agree as follows; i 1 oz/14/03 15:22 FAI 9144732595 T&C CANTOR INTRODUCED BY TOWN BOARD MEMBER: RESOLUTION FOR COORDINATED REVIEW AND ESTABLISHMENT OF LEAD AGENCY WHEREAS., the Town Board of the Town of Wappinger has received a request to change the zoning of a 0.52 acre parcel located on the easterly side of Route 9 from R -2F to HB (parcel 19-6156-02- 737984); and WHEREAS, the request was accompanied by a full Environmental Assessment Form with supporting material; and r WHEREAS, the Planning Board of the Town. of Wappinger has recommended rezoning of the parcel; and WHEREAS, it is necessary to undertake and complete environmental review requirements pursuant to the New York State Environmental Quality Review Act (NYSEQRA) (ECL Article 8 and 6 NYCRR Part 617) prior to acting on the requested zoning change; and WHEREAS, the Town Board of the Town of Wappinger is desirous of initiating the environmental review process by means of this resolution, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The action, the request for change of zoning as aforesaid together with the other approvals necessary to construct a 6,000 square foot office building on the parcel is subject to the provisions of NYSEQRA. 2. The action does not involve a federal agency. 3. The action involves one or more other agencies including the Town of Wappinger Planning Board, the Town of Wappinger Zoning Board of Appeals (if an area variance is required), the Dutchess County Health Department, the New York State Department' of Transportation, and the New York State Department of Environmental Conservation, 4. The action is preliminarily classified as unlisted. 5. The Town Board states its intention to provide for a coordinated review and to serve as lead agency for such coordinated review. 6. The Town Clerk shall circulate a copy of this resolution together with the application package including the application for change in zone, the EAF and the supporting materials to the other involved agencies: a) 'Town of Wappinger Planning Board; b) the Town of Wappinger Zoning Board of Appealsp C) the Dutchess County Health Department; d) the New York State Department of Transportation; and e) the New York State, Department of Environmental Conservation, 4 lc 03 02/1403 13:22 FA% 9144732595 T&C CANTOR 1906 7. Pursuant to applicable law, the other involved agencies have a period of 30 calendar days to agree to the establishment of the Town Board as the lead agency. in the event that any one or more of the other involved agencies recites an intention to serve as lead agency, then, and in such event, the procedures applicable to the establishment of a lead agency when two or more involved agencies seek to serve as lead agency shall be effectuated. In the event that none of the other involved agencies indicate a desire to serve as lead agency within the 30 day period, then, and in such event, the Town Board shall consider an additional resolution confirming its establishment as lead agency. SECONDED BY TOWN BOARD MEMBER: C Sent By: Teahan & Constantino; 6 � h vwcrxr L TEAHAN JAMBS V CONSTANTINO RICHARD L CANTOR JAMES &. L7()E)MB8 STEPHEN CE DIAMOND STMgiBN M, FRIEDBERG EUOT n HAWKINS C0V) eL December 16, 2002 845 452 1421; Dec -16-02 3:17PM; T E&HAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGHKEEPSIE, NEW YORK 12601.0969 (845) 452-1934 Fnx(545) 452.1411 &Mail Poughkeep*4TCTaxF1an.cvm Hon. Joseph Ruggiero, Town supervisor and Members of the Town Board of the Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 Page 213 CIC rZ/W� MILLBROOK OFFICE 41 TnUff, SUrrE A ra Bax 1181 1Mul$ROM NEW YORK I1545 Tel (845) 677-2101 Rz (845) 617-1054 &Mari 1011btt*A*TCTk F%n-wm INTERNET HOME PAGE www,TCTaxPtm.com DEC r TOWN CLERIC RE: APPLICATION OF ATLANTIC MORTGAGE BANKERS (DEDOMINICIS): DETERMINATION OF LEAD AGENCY TOWN BOARD MEETING OF JANUARY 27, 2003 Dear Supervisor Ruggiero and Members of the Town Board: I am writing to roquest that you place the request of Atlantic Mortgage Bankers on your agenda. Lor your upcoming meeting of Monday, January 2'1, 2003, for the purpose of determining lead agency staCus. The `Down Board adopted a resolution at its meeting of December 9, 2002 providing for circuldLivn for lead agency purposes and stating the intent of the Town Board to serve as lead agency. Town Clerk Morse was good enough to promptly mail the circulation documents. The 27" date will 1►ave allowed the 30 day time period for all involved agencies to have expired so that by the 27th you will know whether there is any other involved agency that wishes to serve as lead agency. I am presuming, altliuugh obviously I do not know, that there will not be any other involved agency seeking to serve as lead agency. Sent By: Teahan & Constantino; I'UhAN & CONSTANTINO 845 452 1421; Dec -16-02 3:17PM; Page 313 Town of Wappinger Town Board Page 2 December 16, 2002 Based upon the above, I am requesting that a resolution be placed on the agenda declaring the Town Board to be lead agency so that the environmental review may proceed forward. Respectfully submitted, U j—,2 " ('-/' RIC:gg RICHARD I. CANTOR cc: Al Roberts, Esq. VIA FAX 298-2842 Dan Wery VIA FAX 967--6615 Jay Paggi VIA FAX 471-0905 Make Gillespie VIA FAX 226-1315 Arthur DeDominici5 VIA FAX 831-0967 Matt Rudikoff VIA FAX 831--2696 Sent By: Teahan & Constantino; VINCENT it TEAHAN IAMFS P CONSTANTINO RICHARD 1. CANTOR JAMES E, COOMBS SMYNEN UK DIAMOND SLE "W M. FNEDBERG 9LKY ' D. HAR7{(W$ courm December 16, 2002 VIA FAX 298-1478 845 452 1421; Dee -16-02 3:16PM; Page 113 TL HAN & CONSTANTINO CXXJNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGHKE MIF, NEW YORK IZW1-M9 (845) 452.1834 Fix (845) 452-1.421 E -Mail PouEhkeeps1e*TCTxxP1&n.eam MUIBROOIC OMC8 41 FROM STREET, SAM A !O_ BOX Ilet NEUBROOK, NEW YOM IM$ Tel (845) 677-2101 Fax (845) 677-I054 E -Mad Mi11waok*TL-rikxFlzn.nvm INTERNhT HOME PAGE anew:I"CT4Flmc= Ms. Gloria Morse, Town Clerk R 'own of Wappinger C�l�� 20 Middlebush Road P.O. Box 324 DEC 1620 Wappingers Falls, NY 12590 2 RE: APPLICATION OF ATLANTIC MORTGAGE BANKERS FOR w ,. REZONING/ROUTE 9 PROPERTY Dear Town Clerk Morse: Thank you for your prompt mailing of the circulation materials. I enclose a copy of my letter of this day to the Town Board. I am requesting that an agenda entry be made for Atlantic Mortgage Bankera for determination of lead agency for the Town Board meeting of Monday, January 27, 2003, Very truly yours, M t04�- RICHARD I_ CANTOR RIC:gg Encs. cc w/encs:Al Roberts, Esq. VIA FAX 298-2642 Ran Wery VIA FAX 914/967-661.5 Jay Paggi VIA FAX 471-0905 Arthur DeDorni.nl-cis VTA FAX B31-0967 Mike Gillespie VIA FAX 226-1315 Matti Rudikoff VIA 831-2696 DEC -03 02 15:27 FROM: TO:914 297 4558 PRGE:03/07 12/3/02 MR,4FT) RESOLUTION NO. 2002-3�3? TOA' _ TOWN OF WAPPINGER HOARD ATLANTIC MORTGAGE ]BANKERS, INC. — COORDINATED REVIEW AND ESTABLISHMENT OF LEAD AGENCY At a regular meeting of the Town Board of the Town of app ager, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9h day of December 2002 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT'- Supervisor Councilpersons JOSEPH RUGGIERO VTNCENT F. BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI The following resolution was moved by Councilperson seconded by COUncilperson Vn I dati Colsey !. M WHEREAS, the Town Board of the "town of Wappinger, Dutchess County, New York has received the petition of Atlantic Mortgage Bankers, Ltd. to rezone a 0.52 -acre parcel from the R -2F 2 -Family Residence District to the HB Highway Business District (the "Proposed Action"); and WHEREAS, the 0.52 -acre parcel is located on the easterly side of Route 9 approximately 600 feet south of the intersection of Route 9 and Smithtown Road in the R- 2F 2 -Family Residence Zoning District and is otherwise known as Tax Lot 6156-02- 737984 (the "Site"),- and WHEREAS, the rezoning request was accompanied by a full Environmental Assessment Form (Part 1) dated 111510.1 and a conceptual site plan entitled "Site Plan for SLD Holdings Ltd.," prepared by Day, Oswald and Gillespie, and dated 12/5/01; and W11EREAS, at its November 4, 2002 meeting, the Planning Board recommended the rezoning, provided that the development of the site be limited to a 6,000 square foot office building and as set forth in the, petitioner's application; and DEC -03 02 15:27 FROM: T0:914 297 4558 PAGE:04107 ATLANTIC MORTAGE BANKERS, LTD. RESOt. 10 EST LIS NG6 COORDINATED REV - W AND LEAD AGENCY WHEREAS, the Proposed Action involves other agencies, including: the Town of Wappinger Planning Board; the Town of Wappinger Zoning Board of Appeals (should an area variance be required); The Dutchess County Health Department; the New York State Department of Transportation; and the New York State Department of Environmental Conservation; and WI-MREAS, the Town Board proposes to be the Lead Agency with regard to the Proposed Action under the procedures and requirements of the New York State Environmental Quality Review Act (SEQR). NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: I • The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Proposed Action, as herein defined, together with all other necessary approvals for the constriction of a 6,000 square foot office building, is subject to both SEQR and the Town of Wappinger Environmental Quality Review Law (WEAR). 3. The Proposed Action, is an Unlisted Action pursuant to both SEQR and WF -QR. 4. The Town Board hereby declares its intention to act as Lead Agency for the environmental review of the Proposed Action and to provide for a coordinated review. 5. The Town Clerk shall circulate a copy of this resolution, a lead agency notice and the application materials to the following involved agencies: a. The Town of Wappinger Planning Board; b. The Town of Wappinger Zoning Board of. Appeals; C. The Dutchess County Health Department; d. The New York State Department. of Transportation; and e. The New York State Department of Environmental Conservation. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RIJGGII;ROvoting _ Axe VINCENT F. BETTI�IA voting Aye CHRISTOPHER. J. COLEY voting � Ave _ JOSEPH P. PAOLONI voting Ave_ ROBERT L. VALDATI voting Ave 2of3 DEC -03 02 15:28 FROM: TO:914 297 4558 PAGE:05/07 ATLANTIC MORTAGE BANKERS, LTD. RFSU�(1T10N 1JSTAALIS G A COMINAT>rD REVIEW AND LEAD AGENCY The resolution is hereby duly declared adopted. Dated: December 9, 2402 Wappingers Fails, New York j;idocs215001wsp pingerWiantic, prn.lcad.402.1 kb.doe 3of 3 G GLO1 A7rk Town Cl Town ofer I' DEC -03 02 15:28 FROM: TC:914 297 4558 PAGE:06/07 NOTICE SEQR DESIGNATION OF INTENT TO DE LEAD AGENCY and CLASSIFICATION OF ACTION ATLANTIC MORTGAGE HANKERS, LTD. Rezoning Town of Wappinger, Dutchess County, New York GENERAL INFORMATION The Town Board of the Town of Wappinger, Dutchess County, New York has received a request to rezone a 0.52 -acre parcel located on the easterly side of Route 9, known as Tax Lot 6156-02-737984, from R -2F 2 -Family Residence to HH Highway Business. The propsoed rezoning would limit development of the site to a 6,000 square foot office building. PROPOSED LEAD AGENCY The Town of Wappinger Town Board proposes to be the Lead Agency with regard to this proposed action under the procedures and requirements of the New York State Environmental Quality Review Act (SEQRA). Unless an objection is expressed and received in writing from an involved agency by January 8, 2003, (30 days from the date of this notice) the Town .Board will assume the role of the Lead Agency. Please respond to the Town Board in writing or by fax at (845) 297-4558. CLASSIFICATION OF ACTION The Town Board has determined that the proposed action is an Unlisted Action in accordance with New York State Environmental Quality Review Law and the Town of Wappinger Environmental Quality Review Law (WEAR.). PROPOSED LEAD AGENCY: ':Gown of Wappinger Town Board TITLE OF ACTION: Atlantic Mortgage Bankers, Ltd. Rezoning DESCRIPTION OF ACTION; The rezoning of a 0.52 -acre parcel located on the easterly side of Route 9, known as Tax Lot 6156-02-737984, from R-217 to HB. The DEC -03 02 15:28 FROM: TO:914 297 4558 PAGE:07/07 ATLANTIC MORTGAGE BANKERS, L'I'D. - REZONING LEAD AGENCY NQTICE rezoning would limit development of the site to a 6,000 square foot office building. LOCATION: The 0.52 -acre parcel is located on the easterly side of Route 9 approximately 600 feet south of the intersection of Route 9 and Smithtown Road in the R -2F 2 -Family Residence Zoning District. DATED: December 9, 2002 A copy of this Notice, Part 1 of the Full .Environmental Assessment Form and a conceptual site plan prepared by the Applicant have been sent to the following involved agencies: 1. The Town of Wappinger Planning Board 2. The Town of Wappinger Zoning Board of Appeals 3_ The Dutchess County Department of Health 4. The New York: State Department of Transportation 5. The New York State Department of Environmental Conservation Attachments: Full Environmental Assessment Form (Part I) Conceptual Site Plan i ldocs215001wappinge6dilewflu.4112,Iead,lkb.doe 7 TOWN CLERK GLORIA J. MORSE December 10, 2002 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-5771 New York State Department of Transportation 4 Burnett Boulevard Poughkeepsie, NY 12603 To Whom It May Concern: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J_ COLSEY JOSEPH P. PAOLONI ROBERT L VALDATI The enclosed Resolution was adopted by the Town Board of the Town of Wappinger at their meeting of December 9, 2002. Sincerely, AFS Gloria J. Morsej-,To n Cle GJMlfh enclosure TOWN CLERK GLORIA J. MORSE December 10, 2002 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 Dutchess County Health Dep't. 387 Main Street Poughkeepsie, NY 12601 To Whom It May Concern: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI The enclosed Resolution was adopted by the Town Board of the Town of Wappinger at their meeting of December 9, 2002. Sincerely, r Gloria J. Morsey'Town le GJAVfh Ll enclosure TOWN CLERK GLORIA J. MORSE December 10, 2002 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 Town of Wappinger Zoning Board of Appeals 20 Middlebush Road Wappingers Falls, NY 12590 To Whom It May Concern: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI The enclosed Resolution was adopted by the Town Board at the Town Board meeting of December 9, 2002. Sincerely, l' f leaf t Gloria J. Mo-rSe Town lerk GJM/fh LZ enclosure TOWN CLERK GLORIA J. MORSE December 10, 2002 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590.0324 (845)297-5771 Town of Wappinger Planning Board 20 Middlebush Road Wappingers Falls, NY 12590 To Whom It May Concern: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI The enclosed Resolution was adopted by the Town Board at the Town Board meeting of December 9, 2002. Sincerely, O Gloria J. Morse, GJM/fh enclosure .= d TOWN CLERK GLORIA J. MORSE December 10, 2002 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-D324 (845) 297-5771 New York State Department of of Environmental Conservation 21 S Putt Corners Road New Paltz, New York 12561 To Whom It May Concern: SUPERVISOR ,JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI The enclosed Resolution was adopted by the Town Board of the Town of Wappinger at their meeting of December 9, 2002. Sincerely, Gis J. More /Town Clerk GJMIfh enclosure Sent By:, Teahan & Constantino; VO4CPNT L T kli" 1AMU F OONSTANMO RICRAAn 1. CAMM JAMES E 0=,= STUFtW CA DIAMOND STMEN M. RUEDBERG E7. Ur D. HAWKINS December 10, 2002 VIA FAX 298-1978 845 452 1421; Dec -11-02 10:37AM; Page 1/1 TEAHAN & CoNsTAN-nm C OLINSELLORS AT LAW 2780 SOUtH ROAD R O. SOX 1969 POUGHKEUSIF, NEW YORK 12601-0969 (845) 452.1834 1u (845) 4524421 E -Mail P0ughkeepeie0TCTRXP12n.com Ms. Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road-P.O. Box 324 Wappingers Falls, NY 12590 MILLBROOK omcE 41 PROKrSTRF i; WrMA P.O. ear 1181 Mll.[.NUXW, MW YORK 12)45 Tel (845) 677-1101 Am (845) 679-1054 TEMmil MWbtookWrCI'axphn.oam ETrMNE`r HOME PAGE www-TCTaxPlin.com RE: REZONING APPLICATION FQR ATLANTIC MORTGAGE BANKERS Dear Town Clerk Morse: I write as a follow up to Monday night's Town Board meeting and the adoption of a resolution setting forth the intent of the Town Board to serve as lead agency. First, please be good enough to provide me with a copy of the resolutl.on actually adopted by the Town Board. Next, will you be providing the circulation to the other involved agencies? The circulation requires the submission of the rezoning application together with the rezoning package including the SFQRA material to the other involved agencies. Please let me know. If you will. be providing the circulation, please provide me with copies of the transmittal letters. In the alternative, do you wish the applicant to undertake the actual circulation on behalf of your office? Please let me know. Finally, what is the date of the first January meeting? I want to try to figure it out whether it is possible to be on the agenda for the first January meeting for lead agency designation. In connection with this last request, timely service of circulation materials is essential since the other involved agencies have a period of up to 30 days within which to set forth a request tQ serve as lead agency. Very truly yo rs, RIC:gg RICHARD 1. CANTOR cc: Arthur DeDominieis VIA FAX 831-0967 Mike Gillespie VIA FAX 226-1315 I4w�C�ERK TOWN OF WAPPINGER TOWN CLERK GLORIA J. MORSE December 11, 2002 Richard Cantor 2780 South Road Poughkeepsie, NY 12601 TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-8771 Re: Rezoning application for Atlantic Mortgage Bankers Dear Mr. Cantor: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Enclosed as requested are copies of letters that were transmitted to the other involved agencies including the submission of the rezoning application together with the rezoning package including the SEQRA material, Sincerely, a tC Gloria J. Mo e,own Cl rk GJM/fh enclosure Sent. By: Teahan 8 Constantino; VbKZN T L T7?11HAN JAMES P OONSTANTWO RRM4ARD L CANT OP, JAMER E. CSS ST WHW GE: DLkMCWD SrEKM M. PRMDNBRG RJOT M HAWKbIS December 10, 2002 VIA FAX 298-1478 845 452 1421; Dec -11-02 10:37AM; Page 1/1 TEA m & CONsTANTwo COUNSELLORS AT LAW 2780 SOUTH ROAD R 0. BOX 1%9 POUC3HMiiPSM NEW YORK 12601 -OW (845) 452-1834 Fox (845) 4324411 E -Mail P0U9hkeePQC0 `GTsxPlan.com Ms. Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road-P.C. Box 324 Wappingers Falls, NY 12590 MILLBROM (IMCE 41 PRONT STRJt; SLRM A P.O. Wx 1381 MILMD01r, NSW MRK 12543 Tel (845) 677-210I PME (945) 677 -IM T -MMI cae »RNBT HOME PAGE vw w.TCTaxPlencam RE: REZONING APPLICATION FOR ATLANTIC MORTGAGE BANKERS Dear Town Clerk Morse: I write as a follow up to Monday night's Town Board meeting and Lhe adoption of a resolution setting forth the intent of the Town Board to serve as lead agency, First, please be goad enough to provide me with a copy of the resolution actually adopted by the Town Board. Next, will you be providing the circulation to the other involved agencies? The circulation requires the submission of the rezoning application together with the rezoning package including the S4QRA material to the other involved agencies. Please let me know. If you will, be providing the circulation, please provide me with copies of the transmittal letters. In the alternative, do you wish the applicant to undertake the actual circulation on behalf of your office? Please let me know. Finally, what is the date of the first January meeting? I want to try to figure it out whether it is possible to be on the agenda for the first January meeting for lead agency designation. In connection with this last request, timely service of circulation materials is essential since the other involved agencies have a period of up to 30 days within which to set forth d request: to serve as lead agency. Very truly yo rs, RIC: gg RICHARD I. CANTOR cc; Arthur DcDominicis VIA FAX 831-0967 Mike Gillespie VIA FAX 226-1315 TowN ��ERK Sint By: Teahan & Constantino; viNC.i~TIT I.. TVi04AN JAMES P CONSTANT1NO PlC HARD I. QA NTOR JAMES B. COOMBS STEPHEN GI? MAMOND :rMREN M. FRIEDMRG EUOT D. HAWYJNS COUNSEL November 6, 2002 VIA FAX 297-4558 845 452 1421; Nov -6-02 11:25AM; Page 1 TEAS- AN & CONSTANTINO COUNSEUORS AT'iAW 2780 SOUTI•i RUAD F 0. BOX 1969 POUGHKEEPSIE, NEW YORK 12601.0969 (845) 4.52.1834 Pax (845) 4.52.1421 E -Mail Poughkeepsie®TCTaxPlan.corn Hon. Joseph. Ruggiero, Town Supervisor and MEmbers of the mown Board. of the Town of Wappinger 20 Middlebush Road I.O. Box 324 Wappingers Falls, NY 12590 MIJIBROOK OFFICE 41 moNT STPlE . SUITE A P.O. box 1191 MILLBROOK, NSW YORK W45 Td (845) 677.2101 Pax (845) 677.1054 &Mail M,[IbrookWrCTax?I=,com INTERNBT HOME PAGE wwwTCTnPlan com RE: ATLANTIC MORTGAGE BANKERS PROPERTY (DEDOMINICIS) ROUTE 9 REZONING Dear Supervisor Ruggiero and Members of the.Town Board: I last wroLe to you by letter dated October 9, 2002 to advise you of the status of the Rtl..antic Mortgage'Bankers rezoning raque6L. At that time, I advised that the matter was on the Planning Board amends for November 4, 2002 .fox recommendation and that I planned to bring tho rezoning application back to the Town Board p.romplty up Uri action by the Planning Board. I am pleased to advise that the Planning Board aged on the evening of November 4, 2002. By a vote of 5 in favor and 0 against, the Planning Board adopted a resolution recommending .cezolliilg of the Atlantic Mortgage Bankers property from its current zoning of R -2r to H5. When the application was initially submitted to you, and then referrod to the Planning Board, the applicant submitted a - aacuinent entitled "Agreement L.Miting and Regulating Use". In paragraph 1 of this document, 1_.he applicant volunteered Lo a provision limiting the use of the property if, and when rezoned to `HB, to the use listed as ,professional, banking, business, governmental or other offices". In other words, the applicant voluntarily offered a restriction on use that would limit the use to this general office use and would exclude, by agLeement, all other HB uses. I gent. By: Teahan & Constantino; 845 452 1421; Nov -6-02 11:25AM; Page 213 supervisor and Members of the Town Board of the Town of Wappinger Page 2 November 61 2002 in paragraph S of the document as submitted, the applicant proposed that the limitation that I have just described shall terminate at such tame -as the property is connected to a public water supply system and a public waste water system. The Planning Board added a proviso to its recommendation. This proviso recommends that the limitation on use in paragraph 1 of the proposed agreement be made permanent and that the termination language in paragraph 5 of the agreement be amended to delete termination of the use limit. The applicant was present at the Planning Board and indicated that such a permanent use limitation is acceptable. In view of the preceding, I am asking that this rezoning application be placed upon the agenda of the Town Board at its upcoming meeting of November 25, 2002 for further consideration. 7 am sending a copy of this letter to -the Town Clerk with a request that the matter be placed on the agenda. Respectfully submitted, a'AJ4 64�'_ RICHARD I. CANTOR RIC: g9' cc: Al Roberts, Esq. VIA FAX 298-2842 Jay Paggi, P.E. VIA FAX 471--0905 -Mike Gillespie VIA FAX 225-1315 Arthur DeDominicis VIA FAX 831-0967 Gloria Morse, Town Clerk VIA FAX 237-1478 Sant By: Teanan & Constantino; vINCENT L. TFARAN JAMES P. CONSiANI No WCHARD I. CAN!'Oi1 JAMES E, COOMBS STEPHEN CF. I)TAMCND SMPHEN M. MEDSERG ELICIT D. HAWKINS WUNSEL November 6, 2002 VIA FAX 297-1478 gob 4!)2 1421 NOV-b-Uie 11:11 -AM; rage 3/J TEAR, N & CONSTANTINO COUNSE-LORS AT LAW 2780 SOUTH ROAD P. Q BOX' 1969 p0UGHjSHPSlE, NEW YORK 12601.0969 (8#5) 452,1834 Fax (645) 452-1421 E -Mail Poughkeepsie@TCTaxPlanxom Gloria Morse, Town Clerk Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 MILLBROOK OFFICE 4I FRONT SIRkIT, SUITE A k?o. BOX 1141 WLLAROOK, NEW TOILK 12545 Tel (845) 677-2101 Fax (845) 677-1054 E Gil MIUbeook*TCTaxPGnn.eom IN'TERNE'T' HOME PAGE www.TCTuPlen.com RE: ATLANTIC MORTGAGE BANKERS PROPERTY (DEDOMINICIS) ROUTE 9 REZONING Dear Town Clerk Morse: I enclose a.copy of my letter of this day to Supervisor Ruggiero and Members of the Town Board. It is respectfully requested that you place the subject of the requested rezoning on the Town Board agenda for its upcoming meeting of November 25, 2002. Respectfully submitted, RICHARD I. CANTOR RIC:gg Encs. cc: Supervisor Ruggiero VIA FAX -297-4556 Al Roberts, Esq. VIA FAX 298-2842 Jay Paggi,.P.E. VIA FAX 471--0905- Mike Gillespie VIA FAX 226-1315 Arthur DeDominicis VIA FAX 831-0967 VINCENT L. TEAHAN JAMES P. CONSTANTINO RICHARD 1. CANTOR JAMES E. COOMBS STEPHEN C.E DIAMOND STEPHEN M. FRIEDBERG ELIOT D. HAWKINS COUNSEL October 9, 2002 TEAHAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGHKEEPSIE, NEW YORK 12601-0969 (845) 452-1834 Fax (845) 452-1421 E -Mail Poughkeepsie®TCTaxPlan.com MII-LBROOK OFFICE 41 FRONT STREET, SUITE A P.O. BOX 1181 MII.LBROOK, NEW YORK 12545 Tel (845) 677-2101 Fax (845) 677.1054 E -Mail Millbrook0TCTaxPlm.com INTERNET HOME PAGE www.TCTaxPlan.com Hon. Joseph Ruggiero, Town Supervisor and Members of the Town Board of the Town of Wappinger 20 Middlebush Road OCT P.O. Box 324 Wappingers Falls, NY 12590 i_: RE- ATLANTIC MORTGAGE BANKERS PROPERTY; ROUTE 9, TOWN OF WAPPINGER Dear Supervisor Ruggiero and Members of the Town Board: I am writing to communicate the status of the Atlantic Mortgage Bankers request for rezoning. The request was presented to you late in 2001. It was referred to the Planning Board for review and recommendation. At the Planning Board, a number of questions were raised concerning the physical nature of the site'and the impacts that would be associated with the proposed rezoning. There has been a significant amount of communications between the applicant's engineer, Michael Gillespie, and my office and the Planning Board's consultants, Mr. Roberts, Mr. Wery and Mr. Paggi. At this point, all questions raised by the Planning Board's consultants have been answered to the satisfaction of these consultants and I have requested tihe issue of review and recommendation to be placed back on the Planning Board agenda for the Planning Board's meeting of November 4, 2002. Once the Planning Board has made its recommendation, I will request to be placed back on the Town Board agenda. Respectfully submitted, 9} _A v RIC:gg RICHARD I. CANTOR cc: Chairman and Members of the Town of Wappinger Planning Board Al Roberts, Esq. VIA FAX 298-2642 Jay Paggi, P.E. VIA FAX 471-0905 Mike Gillespie VIA FAX 226-1315 Arthur DeDominicis VIA FAX 831-0967 Dan Wery VIA FAX 914/967-6615 PLANNING BOARD November 6, 2002 Town Board Town of Wappinger P. O. Box 324 Wappinger Falls, N. Y. 12590 Attn: Hon. Joseph Ruggiero TOWN OF WAPPINGER PLANNING BOARD 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 FAX: (845) 297-4558 Re: Atlantic Mortgage Bankers, Ltd. — Proposed Zone Change Dear Mr. Ruggiero and Board Members: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI At the November 4, 2002 meeting of the Planning Board, a discussion took place regarding the application for a re -zone for Atlantic Mortgage Bankers, Ltd.. A motion was passed recommending the re -zoning, with the proviso that the building stay as a professional building, even after central water and sewer is made available. Very truly yours, Mrs. Barbara Roberti Planning Board Secretary cc: Hon. Robert Valdati Hon. Vincent Bettina Han. Joseph P. Paoloni Hon. Christopher Colsey ORIGINAL 417/86 TOWN OF WAPPINGER N V0 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 reivew. Your request may also require referral to the Dutchess County Planning Department. In order tominimize 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, ELAINE SNOWDEN', TOWN CLERK I 1. RECORD OWNER: ATLANTIC MORTGAGE BANKERS, LTD, 2. OWNER'S ADDRESS: C/O FRED CANTOR, CENTURY 21 COUNTRY BUMPKIN ROUTE 9, P.O. BOX D, FISHKILL, NY 12524 3. OWNER'S TELEPHONE: (days) 845/896-6773 .(evenings) 4. APPLICANT (If other than Owner) N/A S. APPLICANT'S ADDRESS: (if other than Owner) N/A 6. APPLICANT'S TELEPHONE: (days) N/A (evenings) 7. PROPERTY ADDRESS (if different): EAST SIDE OF ROUTE 9 TOWN OF WAPPINGER N/A 8. TAX MAP GRID NUMBER OF PROPERTY: 19-6156-02-737984-00 9. PRESENT ZONE OF PROPERTY:— R -2F 10. REQUESTED ZONE OF PROPERTY' HB (LIMITED WITH PROPOSED AGREEMENT ANNEXED AS EXHIBIT A) 11. TOTAL AREA OF PROPERTY: square feet or 0_5 acres 12.' DIMENSIONS OF PROPERTY: 152.6' ON THE NORTH; 151' ON THE EAST 1671 ON THE SOUTH; 149.33' ON THE WEST 13. LIST AN'Y ROAD FRONTAGES ON YOUR PROPERTY: 149.33 FOOT OF FRONTAGE ON FOOT OF FRONTAGE ON US ROUTE 9 14. IS PROPERTY VACANT LAND?. YES EAST: OWNER: 13IRCHWOOD MOBIL HOME 1094` ROUTE 9) C/O GLORIA LINDEN ADDRESS: 1094 ROUTE 9, LOT #21, FISHKILL, NY 12524 PROPERTY USE: TRAILER PARK SOUTH: OWNER 13IRCHWOOD MOBIL HOME -ADDRESS: SAME AS ABOVE PROPERTY USE: DRIVEWAY FOR TRAILER PARK AND VACANT LAND WEST: OWNER: NEW YORK STATE DEPARTMENT OF TRANSPORTATION ADDRESS:REGION 8 OFFICE: 4 BURNETT BOULEVARD, POUGHKEEPSIE, NY 6-0 3 PROPERTY USE:_ ESTATE HIGHWAY- •- ROUTE 9 23. IS THERE ANY STATE OR COUNTY OWNED PROPERTY WITHIN 500 FEET OF PROPERTY? YES 24. DESCRIBE THE NATURE OF YOUR PROPERTY: WHAT TYPES OF SOILS DOES YOUR PROPERTY CONTAIN? SEE ADVANCED TESTING COMPANY, INC. REPORT DATED FEBRUARY 28, 2000 A COPY -IS A PART OF THE EAF. DOES IT CONTAIN ANY PONDS? NO DOES IT CONTAIN ANY STATE DESIGNATED WETLANDS OR ADJACENT AREAS? NO 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? NUMBER OF WELLS ON PROPERTY: NONE DEPTH OF WELLS ON PROPERTY: NUMBER OF SEPTIC SYSTEMS ON PROPERTY: NONE HAVE ANY WELL TESTS INDICATED UNSATISFACTORY WATER QUALITY? NO 25. ANY ADDITIONAL COMMENTS OR INFORMATION YOU WOULD LIKE INCLUDED WITH YOUR APPLICATION? SEE ANNEXED PROPOSED AGREEMENT EXHIBIT A 3 .. AGREEMENT LIMITING AND REGULATING USE THIS AGREEMENT dated the day and year hereinafter set forth by and between TOWN OF WAPPINGER, Dutchess County, New York, with offices at Town of Wappinger, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, NY 12590 (Town) and ATLANTIC MORTGAGE BANKERS, LTD., a New York corporation, with offices c/o Frederick M. Cantor, Century 21 Country Bumpkin, Route 9, P.O. Box D, Fishkill, New York 12524 (owner). WHEREAS, Owner owns a certain parcel of real property on the easterly side of U.S. Route 9 with tax grid no_ 19-6156-02-73-7984 (the property); and WHEREAS, the property is currently located in an R2F zoning district on the Zoning Map of the Town of Wappinger; and WHEREAS, Owner has requested that Town amend the Zoning Map so as to place the property in an HE zone; and WHEREAS, Owner has offered to limit the uses allowed on the property under HB zoning as hereinafter set forth and to regulate water use and waste water disposal on the property as hereinafter set forth; and WHEREAS, Town finds and determines that the limitations and regulations as hereinafter set forth are appropriate for the property and further finds and determines that the property, with such limitations and regulations is appropriate for HB zoning. NOW, THEREFORE, Town and Owner, on consideration of their mutual agreements agree as follows: 1. Upon rezoning of the property from R2F to HB, the property shall be used only for the use listed as "professional, banking, business, governmental or other offices" in the HB zone pursuant to the Town of Wappinger Zoning Ordinance. 2. Upon rezoning of the property from R2F to HB, the property may not be improved by a principal building containing more than a three thousand (3,000) square footprint and a total of six thousand (6,000) square feet in a two-story structure. 3. Upon rezoning of the property from R2F to HE, and at such time as a public water supply provided by the Town of Wappinger and/or a Town Water Improvement is placed in the public right-of- way adjoining the property and is physically available for connection to the property, and has an adequate supply of water to serve the property, the owner of the property, shall, with all reasonable expedition, cause the property to be connected to such water supply. 4. At such time as a public waste water disposal line (sanitary sewer line) provided by the Town of Wappinger and/or a Town Sewer Improvement is placed in the public right-of-way adjoining the property and is available for connection to the property, and is physically available for connection to the property, and has adequate capacity to receive the waste water E produced on the property, the owner of the property shall, with all reasonable expedition, cause the property to be connected to such waste water disposal line. Upon such connection, the owner of the property shall discontinue use of the waste water treatment facility located on the property and shall utilize only the connection with the Town or Town Sewer Improvement waste water disposal line (sanitary sewer line) for disposal of waste water. 5_ Paragraphs 1 and 2 of this Agreement shall terminate and shall be of no effect at such time as the property is connected to the aforesaid public water supply system and aforesaid waste water disposal line (sanitary sewer line). Such termination shall be self -effectuating and does not require any further document or enactment provided, however, that the Town of Wappinger, at the request of owner, agrees to effectuate a document confirming the termination of said paragraphs 1 and 2. 6. This Agreement shall be binding upon and enure to the benefit of Town and Owner and their respective successors and assigns. 7- This Agreement is intended to be a permanent agreement to run with the land except as it may terminate as provided above. TOWN OF WAPPINGER Dated: 2001 BY: CONSTANCE 0. SMITH, TOWN SUPERVISOR Dated: , 2001 ATLANTIC MORTGAGE BANKERS, LTD. BY: FREDERICK M. CANTOR, PRESIDENT 3 ------ ate, 11121 100 10 : 05AM; #927; Page 313 i ij I i 71 ra►1 ...aw 1a'rr ►.r■alts IW�.aa „r j,+il �S• ..R ..�•,yr .4,......M. Mr IM4 4 !' !1-r .yr.�... l.n.w6a..■a&r. l.s _4,�>t.sr+..r.w.f.■ . l 1i 1 � «rlWIiYOW uwrul f ��= _, MR1M ir' W4 Tku Wr THIS IMsTsuiA MT Swwke III VMD 'IT tAwms P %V TFll3 t19DE>rfi1JRE. lM■rleilxr2nJ' JAY ]enuory 14iac4re4. I,..,i,,,l ,. t Hiner + � Y-three SE'}3YF�1 WILLIAM GROSS- residing RASS-residing at 12 Harmer Drive, Fiopesvcl2 1„netian. Sew York 12533 J t p.trty of the lint pail, &ad AT1,A1a'"C MORTGAGE UMXERS LTD. .a p4Tlleatic Carporatsan, haviaq an Office at Opt Columbus Avenuc, valhalla,New York. i 1w11 ,d rhe --wwl pari, . 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In- Ilgrtinl 141,1 fl•i 11,.1 p,41l.r.r +d .r+inti the, t,.i .1 torr 4t1lr..seFnea e. +.Mt will d4olJ1 low .■wl Loy 1. i' T I *P 1pd"N'M to lir .hwl tQ rt ulr r■title. pq1 j.1 4,e. thf, 1•.1&1 ,.{ 9w ...rsv %--lNY 'aw 1110-1 :if Pl .; Yet. �.tr.1 `pONt" r►.11 1rrt�n • II •1 ";r,llflrr w hrrtrlri Illi trw,tt oil !itr:1«1lrlHlil• +.1 la■ r4 !+ 1 �rjjIA , i }' 1M1T>�is Yt'IIiLfA<i � l IA i 1 AF1'f 1af1 ,N. •Iwi+r«Yt'rr,-1 f•e.-..:r.l ,�. «.7l _...: 7.r %.J ! :� 1 L: i ur1Mr11. - �1,' n104%119t fool 111 �e� WILLIAM GROSS EXHIBIT B 5gnt By: Teahan & Constantino; VINCENT L TEAHAN JAMES P ODNSTANTINO RICHARD I. CANIDR JAMS L COOMBS 5T1FM CE DIAMOND STEPHEN M. MEDBEAG E OT D- HAVNNS MUNSEL November 26, 2002 VIA FAX 298-1478 Ms. Gloria Morsel Town of Wappi.nger 20 Middlebush Road P.O. Box 324 Wappingers Falls, 945 452 1421; Nov -26-02 5:10PM; TEAHAN & CONsr ANTINo COUNSELLORS AT LAW 2780 SOUTH WAD P. C). R -)x 1949 POUGHXWSM NEW YORK 12501-0969 (845) 451.1834 Fac (845) 452-1421 E -Mail, Poaghkeep6te 0TCTaxF1an.com Town Clerk NY 1'2590 Page 1/9 if MILLBROOK DEFILE 41 FR.CNT STREET, SUM A GO, Box 1181 MMLBR0C*,NEWY0RK 12949 Td (845) 677.2101 F" ($43) 677.1054 E -M&A Millbro0&0'TCTaxPlm-w n INTE RXFT HOME PAGE wwwTCTaxPliLn.com RF: APPT,TC;ATION OF ATLANTIC MORTGAGE BANKERS FOR REZONING/ROUTE 9 PROPERTY Dear Ms. Morse: I am writing a$ a follow up to the Town Board meeting of Monday, November 25, 2002. it is respectfully requested that you place the Atlantic Mortgage Bankers matter back on the Town Board agenda for its meeting of December 9, 2002. The entry should note a resolution under NYSEQRA fox establishment of a coordinated review and designation of a lead agency. I am in direct communications with Mr. Roberts for the purpose oY arranging to have the necessary resolution before the Town Board for the December 9 meeting. Very truly yourst " .. 64- RICHARD I. CANTOR RIC:gg cc: Al Roberts, Esq. VIA FAX 298-2842 Dan Wery VIA FAX 9141967--6615 Jay Paggi VIA FAX 471-0905 n Arthur PeDominicis VIA FAX 831-0967 Mike Gillespie VIA FAX 226-1;315 Matt Rudikott VIA 831-2696 1� �.� � IOWA G��R� Sent By: Teahan & Constantino; Vl>CENr L TEARM W6W. P. GDKSANTINO WHABD 1. CANDOR 1ANW 1;. COOMBS SIMMEN C[? DIAMOND Sii3P1i w M. rpmBmc; lif ICT D. HAVIMS COUNS9L November 26, 2002 VIA FAX 298-2542 Albert P. Roberts, VERGILIS, STENGERr 1136 Route 9 Wappingers Falls, 845 452 1421; Nov -28-02 5:10PM; Page 218 TEARAN & CoNSTANTwo . COUNSEL ORS AT LAW 2780 SOUTH ROAD P.. O. BOX 1969 POWHICEEPSI£, NEW YORK 11601-0969 (845)457.1834 Frau (645) 452.1471 E -Mail FoughkeepsitUTCTaxPlan.com Esq. ROBERT$, PFRGAMENT & VICLOTTI NY 12590 1a.1MOOK OFFICE 411+RWr STREEL SULTS A eo. BOX 1101 L+Iit M001G NM YOM 12515 Tel (845) 677.2101 Fu 045) 677-1054 E,MW MA%rQ WC hQtPl n.com INIUNET H01dE PACE www,TGT&tP1Pa.eom RE: APPLICA'T'ION OF ATLANTIC MORTGAGE RANKERS (DEDOMTNTCTS) FOR ZONING CRANGEJROUTE 9 Dear Al ; I am writing as a follow up to the Town Beard meeting on Monday, November 24, 2002, At that time, the Town Board indicated a willingness to entertain a resolution to establish a coordinated environmental review for the Atlantic Mortgage Bankers application for a zoning change and an intention to serve as lead agency. As a follow up, I have taken the liberty of preparing a proposed resolution for your assistance. A copy of the resolution is enclosed. If you have some other form that you prefer to use, please feel free to use your form or to modify the enclosure. It is respectfully submitted that the enclosed resolution accurately trucks the provisions of the SEQRA regs. I am also enclosing a copy of the proposed agreement limiting and regulating use. This agreement is Appendix A in the initial submission of the EAS'. The enclosed draft is revised to delete the provisions of paragraph 5 in the earlier draft. Paragraph 5 in the earlier draft recited a termination of the use and size restrictions upon connection to public water and sewer. In accordance with the Planning Board's suggestions, this termination period has been removed so that the agreement and limiting and regulating use contains a prominent limitation on use and size for so long as the property remains HB. I have also added a new paragraph 7 reciting the agreement of the applicant to execute a declaration of covenants and restrictions for recording which embodies the content of the agreement limiting and regulating u3s. Sent By: Teahan & Constantino; 845 452 14213 Nov -26-02 5:10PM; Page 3/8 Al Roberts, Esq. page 2 November 26f 2002 Please be good enough to submit the appropriate material for the December 91 2002 Town Board meeting so that we can be on the agenda and moue forward with the adoption of an initial SEQRA resolution. Very truly yours, 4' RICHLW I. CANTaR RIC:gg Encs. cc w/encs,: Dan Wery VIA FAX 914/967-6615 Jay Paggi VIA FAX 471-0905 Arthur DeDQminicis VIA rAx 831-0967 Mike Gillespie VIA FAX 226-1315 Matt Rudikoff VIA 831-2696 Sent By: Teahan & Constantino; 845 452 1421; Nov -26-02 5:10PM; Page 416 INTRODUCED BY TOWN BOARD MEMBER: RESOLUTION FOR COORDINATED REVIEW AND ESTABLISHMENT OF DEAD AGENCY WHEREAS, the Town Board of the Town pf Wappinger has received a request to change the zoning of a 0.52 acre parcel located on the easterly side of Route 9 from R -2F to HE (parcel 19-6156-02- 737984); and WHEREAS, the request was accompanied by a full Environmental Assessment Form with supporting material; and WHEREAS, the Planning Board of the Town of Wappinger has recommended rezoning of the parcel; and WHEREAS, it is necessary to undertake and complete environmental review requirements pursuant to the New York State Environmental Quality Review Act. (NYSEQRA) (ECT Article B and 6 NYCRR Part 617) prior to acting on the requested zoning change; and WHEREAS, the Town Board of the Town of Wappinger is desirous of initiating the environmental review process by means of this resolution, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The action# the request for change of zoning as aforesaid together with the other approvals necessary to construct a 6,000 square foot office building on the parcel is subject to the provisions of NYSEQRA. 2, The action does not involve a federal agency. 3. The action involves one or more other agencies including the Town of Wappinger Planning Board, the Town of Wappinger Zoning Board of Appeals (if an area variance is required), the Dutchess County Miealth Department, the New York State Department of Transportation, and the New York State Department of Environmental Conservation, 4. The action is preliminarily classified as unlisted. 5. The Town Board states its intention to provide for a coordinated review and to serve as lead agency for such coordinated review. 6. The Town Clerk shall circulaLe a copy of this resolution together with the application package including the application for change in zone., the EAF and the supporting materials to the other involved agencies: a) Town of Wappinger Planning Board; b) the Town of Wappinger-Zoning Board of Appeals; c) the Dutchess County Health Department; d) the New York State Department of Transportation; and e) the New York State Department. of Environmental Conservation. 4 Sent By: Teahan & Constantino; 845 452 1421; Nov -26-02 5:11PM; Page 518 7. Pursuant to applicable law, the other involved agencies have a period of 30 calendar days to agree to the establishment of the Town Board as the lend agency. In the event that any one or more of the other involved agencies recites an intention to serve as lead agency, then, and in such event, the procedures applicable to the establishment of a lead agency when two or more involved agencies seek to serve as lead agency shall be effectuated. In the event, that none of the other involved agencies indicate a desire to serve as lead agency within the 30 day period, then, and in such event, the Town Board shall consider an additiornal resolution confirming its establishment as lead agency, SECONDED BY TOWN BOARD MEMBER: 5 $ent By: Teahan & Constantino; 845 452 1421; Nov -26-02 5:11PM; Page 6I8 AGREEMENT LIMIT1W AND REGULATING USS THIS AGREEMENT dated Che day and year hereinaf Ler set forth by and between TOWN DP WAPPINGER. Dutchess County, New York, with offices at Town of,Wappinger, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, NY 12590 ('Town) and ATLANTIC MORTGAGE BANKERS, LTD., a New York corporation, with offices c/o Frederick M. Cantor, Century 21 Country bumpkin, Rosjte 9, P.O, Box D, Pishkill, New York 12524 (owner) - wiiEnAS, owster owns a certain parcel of real properry on the easterly aide of U.S. Route 9 with tax grid no. 19.4155-02-73-7984 -iwo' (the property); and WHEREAS, the property 'is currently located iTj aux R2p zoning district on the Zoning Nap of the Town of Wappingers and WHEREAS, Qwner has requested that Town amend the Zoning Map so a$ to place tilt property in an IID zone; and wHEREAs, Owner has offered to limit the uses allowed on the property under HO zoning as hereinafter set Forth and to regulate water use and waste water dispoaal on the property as hereinafter set forth; and WHUZU, Town finds and determiner, that t -he 1imiLatfons and regulations as hereinafter set forth are a1ppropriate for the property and further finds and determines that the property, with such limitations and regulations is appropriate for HB zoning - 1 Sent By: Teahan & Constantino; 845 452 1421; NOV-26-02 5:11PM; Page 718 <,6r 1p NOW, THERUPORE, Town and Owner, on .conisiderntion of their mutual agreements agree as follows: 1. Upon rezoning of, the property from R2F to Hi3, the property shall be used only for Oe use listed aux "professional, banking, business, governmental or• OtheY of-iic"O in the H8 zone pursuant to the Town of Wappingcr Zoning Ordinance. 2. Upon reroning of the property from R2F to HB, the property may not be unproved by a principal building containing more than a three thousand 0,0003 square footprint and a total of six thousand (6,000) square feet in_a two-story structure - 3 . Upon rezoning of the property from R2F to HS, and at such ti.ma as a public Water supply provided by the Town of Wappinger and/or a Town water Improvement is placed in the public right-of- way adjoining the property and is physically Available for connection to the property, And haA an adequate supply of water to serve the properey, the owner of the property shall, with all reasonable expedition, cause the property to be connected -to such water supply. 4. At aruch tints as a public waste water disposal line (sanitary sewer line) provided. by the Town of Wappinger and/or a Town Sewer Improvement is placed in the public right-ot-way adjoining the property and is available for connection to the property, and is physi,aaily available for gonnection to the property, and has adequate capacity to receive the waste water" 2 Se""nt By: Teahan & Constantino; 845 452 1421; Nov -28-02 5:11PM; Page 8/8 produced on the property, the owner of the property shall., with all reasonable expedition, cause the property to be connected to such waste water disposal line. Upon such connection, Lhe owner of the property shall discontinue use of the waste water treatment facility located on the property and shall utilize only the connection with the Totrn or Town Sewer Improvement waste water disposal line (sanitary sewer line) for disposal of waste water. 5. This Agreement shall be binding upon and enure to the benefit of Town and owner and their respective successors and assigns. 6. This Agreement is intended to be a permanent agreement to run with the land except as it may terminate as provided above. 7. Owner shall execute the Declaration of Covenants and Restrictions for recording which Dpcl$ration shall be in a farm acceptable to the Town Attorney for the Town of Wappinger and which Declaration shall incorporate the substance of this agreement. Dated: , 2003 Dated; , 2003 TOWN OF WAPPINGER BY: JOSEPH RUGGIERO, TOWN SUPERVISOR ATLANTIC MORTGAGE BANKERS, LTD. BY: FREDERICK M. CANTOR, PRESIDENT R3 Sent By: Teahan & Constantino; YWCENT G zEAHnN JAMBS P. QONSrANT1NO R KMARD LOAN OR JAWS Ls STEPHEN GR DIAMOND $ Tp5 tum 11.1 REMBERo ELM D. HAWTS a0UNRL November 6, 2002 VIA FAX 297-5478 845 452 1421; Nov -6-02 11:41AM; Page 113 TEAHAN & CONSTANnNO C CkMSUWFLS AT LAW 2780 SOUTH ROAD P. 0. BOX 1%9 Pi7UGHKRE 18, NEW YORK 12601.0969 (845) 452.1834 Rx (845) 452-1421 E -Mal! Pauchkecpsie®TCMkxPlan.com Gloria Morse, Town Clerk Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 M111BROOK OMC E 41 FRONT SYS!`, SLAB A POS am 1161 MI1L6800K NEW YOU 12545 Tel 043) 677.2101 Fax (845) 6771054 EMa11 Md&mak*TCT*mP6n c m WTERNFT HOW PAGE w"=lC:TMftmom RE: ATLANTIC MORTGAGE BANKERS PROPERTY (DEDOMINICIS) ROUTE 9 REZONING Dear Town Clerk Morse: cs �y ,o F. I enclose a copy of my letter of this day to Supervisor Ruggiero and Members of the Town Board. It is respectfully requested that you place the subject of the requested rezoning an the Town Board agenda for its upcoming meeting of November 25, 2002. Respectfully submitted, W 64—. . RICHARD I. CANTOR RIC.gg Encs.. cc: Supervisor Ruggiero VIA FAX -297-4558 Al Roberts, Esq. VIA FAX 298-2842 Jay Paggi, P.E. VIA FAX 471-0905 Mike Gillespie VIA FAX 226-1315 Arthur Debominicis VIA FAX 931-0967 'Caws CLERK Sent By: Teahan & Constantino; VR4CEN T L. TEAHAN JAMBS R aoNSrANTINp RICHARD L CANTOR JAMES E. COOMBS STEPHEN CR DIAMOND sTFPHI N 141. PR11 9ERG BuOT D. HAV KNS CXXjNW November 6, 2002 VIA FAX 297-4558 845 452 1421; Nov -6-02 11:41AM; Page 213 TFAHAN & CONsTANTmo COUNSEl.WRS AT LAW 2780 SOUTH ROAD R O. BOX I964 POUGHKEEPSIE, NEW YORK 12601.0464 (845) 452.1834 Fox (945) 452-1421 E -Mail Poughkeepsie*TMxPlanxom 14on. Joseph Ruggiero, Town Supervisor and Members of the Town Board of the Town of Wappinger 20 Mi.ddlebush Road P.D. Box 324 Wappingers Falls, NY 12590 NnMOOK OFFICE 41 FRC7WT 57A&M SUMEA P.O. WX Itai WUBROOL NEW YORK 11515 IN (845) 677-2101 Fox (645) 677.1054 E,Mail Mi9blb0itWlCCwWWmo= WTERNET HOME PAOE www-llr- cPl Com RE: ATLANTIC MORTGAGE BANKERS PROPERTY (DEDOMINICIS) ROUTE 9 REZONING Dear Supervisor Ruggiero and Members of the Town Board: i� 1(eCep - - 2 . ADS: I last wrote to you by letter dated October 9, 2002 to adviso you of the status of the Atlantic Mortgage Bankers rezoning request. At that time, I advised that the matter was on the Planning Board agenda for November 4, 1002 for recommendation and that I planned to bring the rezoning application back to the Town Roard promplty upon action by the Planning Board. I am pleased to advise that the Planning Board acted on the evening of November 4, 2002. By a vote of 5 in favor and 0 against, the Planning Board adopted a resolution recommending rezoning of the Atlantic Mortgage Bankers property from its current zoning of R -2F to III3. When the application was initially submitted to you, and then referred to the Planning Board, the appl l,cant submitted a document entitled "Agreement Limiting and Regulating Use". In paragraph I of this document, the applicant volunteered to a provision limiting the use of the property if, and when rezoned to `HB, to the use listed as "professional, banking, business, governmental or other offices". in other words, the applicant voluntarily offered a restriction on use that would limit the use to this general office use and would exclude, by agreement, all other HE uses. Sent By: Teahan & Constantino; 845 452 1421; Nov -6-02 11:42AM; Page 313 Supervisor and Members of the Town Board of the Town of Wappinger Page 2$�� November 5, 2002 �NQ A DJVjjb: ;,N OF ..d In paragraph 5 of the document as submi1.Led, the applicari proposed that the limitation that I have just described shall terminate at such time as the property is connected to a public water supply system and a public waste water system. The Planning Board added a proviso to its recommendation. This proviso recommends that the limitation on use in paragraph 1 of the proposed agreement be made permanent and that the termination language in paragraph 5 of the agreement be amended to delete termination of the use limit. The applicant was present at the Planning Board and indicated that such a permanent use limitation is acceptable. In view of the preceding, I am asking that this rezoning application be placed upon the agenda of the Town Board at its upcoming meeting of November 25, 2002 for further consideration. I am.sending a copy of this letter to the Town Clerk with a request that the matter be placed on the agenda. Respectfully submitted, a)4 64,— RICHARD I. CANTOR RIC.gg cc: Al Roberts, Esq. VIA FAX 298-2842 Jay Paggi, P.E. VIA FAX 471-0905 Mike Gillespie VIA FAX 226-1315 Arthur DeDominicis VIA FAX 831-0967 Gloria Morse, Town Clerk VIA FAX 297-1478 PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) June 24, 2002 Planning Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Atlantic Mortgage/SLD Holdings Dear Board Members: RECEIVED JUN Z 6 2002 7`0 VVN CLERK I am in receipt of a Drainage Plan and submittal for the above referenced project dated May 23'd, 2002. As you are aware, the Applicant is seeking a rezoning from Multi -family to HS zone. Our office has identified drainage impacts as one issue that should be considered during the review of the zoning application. With respect to the drainage related impact, the fact that the size of the building, whether it be two-family or commercial, will essentially be the same. The addition of impervious areas associated with the commercial use is associated with the additional amount of parking that will be necessary to sustain the office building. With that in mind, we have asked that the Applicant to attempt to mitigate the drainage impacts associated with this increase. The Applicant's Engineer has attempted to that in the report submitted. We have reviewed this report and find it conceptually acceptable, however, we raise the following issues: 1. The Applicant has proposed a substantial amount of subsurface detention/retention facilities under the parking area. It is difficult from the report to determine what they consist of, and we would recommend that they be better detailed. We also question whether or not the bottom elevation of these units are in existing groundwater, therefore, rendering that volume unusable. 2. The Applicant proposed to place fill along the southerly side of the site in the existing wetland area. It would appear as if this existing wetland area is now used for flood storage purposes. When this is filled, it is difficult to determine if the height of the flooded area immediately to the south will be raised. This will need to be determined. As stated above, the drainage related impact appears to be the only difference in the development of the site on a multi -family zone vs. a commercial zone. Joseph E. Paggi, Jr, P.E. Ernst Martin, Jr, P.E., L. S. Charles R_ Del Bene, Jr., P.E. Planning Board - 2 - June 24, 2002 RE: Atlantic Mortgage Traffic will be increased, however, direct access to Route 9 should mitigate that. Sewage disposal and water supply shall be about equal. I am taking the liberty of copying the Applicant's Professional. on the above comments. If there are any questions or concerns, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., JEP:Iaw cc: Daniel Wery, AICP Albert P. Roberts, Esq. Michael Gillespie, P.E. Richard Cantor, Esq. Town Board Hon. Gloria Morse PAGGI, MARTIN &.DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) December 18, 2001 Planning Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: rezoning Application for Atlantic Mortgage Bankers Dear Board Members: At the December 3`d, 2001 meeting, we were asked to review the Conceptual Site Plan for the above referenced rezoning application. The Attorney for the project, Richard Cantor, transmitted the site plan to our office prepared by Michael Gillespie, L.S. and dated December 5th, 2001. have reviewed the same and advise the following: 1. The application calls for the construction of 6,000 s.f. (3,000 s.f. per floor) office building along with twenty (20) parking spaces. 2. The current property is zoned R2F. The water necessary for a two-family house and the water necessary for 6,000 s.f. office building is essentially the same. Therefore, the difference in impacts is negligible. 3. We have already gone on record as stating we are against a sewer point discharge at the northwest corner of the property to the existing drainage ditch along Route 9. However, I would point out that the flows generated from the 6,000 s.f. office building are essentially the same as the flows that would be generated from a two-family home. 4. We have looked at the site development plan and note that there is a considerable amount of fill in wetland area that I will believe will have adverse impacts if built as planned. The area to the south will be affected by placing fill right to the property line by forcing floodwaters onto that property. The elevation of the waters flowing in the closed/opening storm drainage system of the New York State Department of Transportation will be impacted by the development of the site also. I think it can be stated that a comparison of the amount of impervious that will be required to develop this site for a commercial office building vs. a two-family house would be a lot higher for the commercial use. Joseph E. Paggi Jr., P.E. Ernst Martin, Jr., PE., L. S. Charles R- Del Bene, Jr., EE. Planning Board - 2 - December 18, 2001 RE: Atlantic Mortgage Bankers I think before the Planning Board makes a recommendation, the Applicant should be asked to address these issues to the Board's satisfaction. If there are any other questions of comments, please do not hesitate to contact this office. Ver ruly yours, Joseph E. Paggi, J ., P. . JEP:law cc: Daniel Wery, AICP Albert P. Roberts, Esq. Richard Cantor, Esq. Michael Gillespie 12/17/01 12!10 FAX 91447325SS T&C CANTOR VLNCENT L TEARkN WAES P CONSTAN IMO RICHARD L G1.VrOR STEPHEN CE DLAIMOND ELIOT D. HAWnQ S S OIHEM 2.i FPMBFRG COUNSEL December 17, 2001 VIA FAX 297-4558 TIAHAN & CoNSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGH)SFPSM, ZtiTW YORK 12601-0969 (645) 452-1834 F: (845) 452,1421 E -Mail candcOidsi-nec Attention: Barbara Roberti, Secretary Chairman DiNonnc and Members of the Planning Board of the Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 Z 0 1 MIILLBPjWK OFFFCE 41 FROVT STR=. SJriE A Po. BOX 1191 r. UZROOK. NET IORX fats TcL(545) 677-2101 Fax (545) 677.1054 fr?,Ld =baaezLne: LN77-RINET HOi-G PAGE ha;:1/TCTaxP1an.com RE: APPLICATION OF ATLANTIC MORTGAGE BANKERS, LTD. FOR REZONING; PLANNING BOARD REV=EW Dear Chairperson DiNonno and Members of the Planning Board: At your last meeting, and at my request, you agreed to place tale above matter on your agenda for Decem.ber 17, 21-0=. Your agreemen- to do so was predicated upon a reviet4 of the applicaticn by the Flannina Board's consultants in time =o= a report on the 17=r_ Michael Gillespie, the engineer for the proposed project, and I did meet with Jay Paggi, Dan Wehry and Al Roberts last week. Several questions were raised by `;ay Paggi and Dan Wehry. Nike Gillespie is in the process of putting together infor:natior to answer these questions. Accordingly, I am writing to ask that the Atlantic Mortgage matter be removed from, your agenda for this e: -ening- I will report back to you as soon as I have the requested information so that this matter can be rescheduled at the earliest possible opportunity. At your last meeting, one or more of the ;embers reauested copies of a site plan. I note my letter of December 7, 2001 to Earbara Roberti transmitting copies for distribution =o the Eoard. very trljly yours, RICHARD I. CAAOR RIC :gg cc: Al Roberts, Esq. VIA FAX 298-2842 Jay Paggi, P.E. VIA FAX 471-0905 � Mike Gillespie VIA FAX 225-1_1_� -- Dan Wehry VIA FAX 967-551.5 TOWN OF WAPPINGER PLANLNING BOARD PROJECT NAME: _ A r I nnf-f c Mnrrgaoa Bazike-c, T td Rezanin$ R@tit ona r-IEETING DATE: DATE PREPARED: DATE DUE: December 17, 2001 December 12, 2001 X SITE PLAN SPECIAL USE PER::IIT SUBDIVISION THE ATTACHED HAS BEEN REFERRED TO YOU FOR YOUR CO` ME\'TS AND RECOMMENDATIONS. PLEASE SUBMIT ANY COMMENTS TO THE TOWN OF NVAPPINGER PLANNING BOARD, ATTti.: ZONING ADMINISTRATOR, 20 IMIDDLEBUSH ROAD, WAPPINGERS FALLS, NY 12590 WITHIN FIFTEEN (15) DAYS. I TOWN FILE 7 TO%WW1' OF WAPPINGER PLANNrINTG BOARD ENGINEER TO THE TO%I N PLANNER TO THE TOVrN _ ATTORNEY TO THE TOWN 1 HIGHWAY SUPERINTENDENT sill FIRE PREVENTION BUREAU RECREATION CONSERVATION ADVISORY COUNCIL DUTCHESS COUNTY DEPT. OF PLANKL G DUTCHESS COUNTY DEPT. OF PUBLIC �VOR.KS NE1%' YORK STATE DEPT, OF TRANSPORTAT[ON _ DUTCHESS COUNTY DEPT. OF HEAL T H T NTYS DEPT OF D.E.0 VILLAGE OF WAPPINGER PLANNING BOARD TOVil OF FISHKILL PLANNING BOARD TOWN OF EAST FISHKILL PLANNNG BOARD T0W`NOF LAGRANGE PLAI`TIN'G BOARD TOWN OF POUGHKEEPSIE PLAt,Ni FN'G BOARD PLEASE i�rOTE ANY VIOLATIONS UPON TOUR RE` " ****** i r OR SUBDIVISION THE ATTACHED HAS BEEN REFERRED TO YOU FOR YOUR CO` ME\'TS AND RECOMMENDATIONS. PLEASE SUBMIT ANY COMMENTS TO THE TOWN OF NVAPPINGER PLANNING BOARD, ATTti.: ZONING ADMINISTRATOR, 20 IMIDDLEBUSH ROAD, WAPPINGERS FALLS, NY 12590 WITHIN FIFTEEN (15) DAYS. I TOWN FILE 7 TO%WW1' OF WAPPINGER PLANNrINTG BOARD ENGINEER TO THE TO%I N PLANNER TO THE TOVrN _ ATTORNEY TO THE TOWN 1 HIGHWAY SUPERINTENDENT sill FIRE PREVENTION BUREAU RECREATION CONSERVATION ADVISORY COUNCIL DUTCHESS COUNTY DEPT. OF PLANKL G DUTCHESS COUNTY DEPT. OF PUBLIC �VOR.KS NE1%' YORK STATE DEPT, OF TRANSPORTAT[ON _ DUTCHESS COUNTY DEPT. OF HEAL T H T NTYS DEPT OF D.E.0 VILLAGE OF WAPPINGER PLANNING BOARD TOVil OF FISHKILL PLANNING BOARD TOWN OF EAST FISHKILL PLANNNG BOARD T0W`NOF LAGRANGE PLAI`TIN'G BOARD TOWN OF POUGHKEEPSIE PLAt,Ni FN'G BOARD PLEASE i�rOTE ANY VIOLATIONS UPON TOUR RE` " ****** VINCENT L. TEAHAN JAMES P. CONSTANTINO RICHARD I. CANTOR STEPHEN C.F DIAMOND MOT D. FOWKINS STEPHEN M.FRIEDEERO COUNSEL November 27, 2001 TEAHAN & CONSTANTINO COUNSELLORS AT LAW 250 SOUTH ROAD P. O. BOX 1969 POUGHKEEPSIE, NEW YORK 12601-0969 (846) 452-1834 Fax (845) 4511421 E -N -fail tandcGidsi.net VIA FAX 297-4558 and MAIL Attention: Barbara Roberti, Secrerary MILLEROOK OFFICE 41 FRONT STREET, SUITE A P.O. BOX Hsi %11LL8A0OK, NEW YORK 12545 Tel (845) 677-2101 Fax (845) 677-1054 E -Mail teahanrdidsi.net INTERNET HON-iE PAGE hapl/TCTaxPlan.com Planning Board of the Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY" 12590 RE: APPLICATION OF ATLANTIC MORTGAGE anNKERS, LTD. FOR REZONING _ear Ms. Rober-i . .-"-.t the Town Board meeting on, Novi ber 26, 2001, the Town Board adopted a resolution referring a request for ✓ning t� _'ne Planning Board for recommendation (as provides it the Lon -n;. Code). I am the attorney for the applicant. Please be good enough to let me know when the referral is received and the date on which this matter ,.ill be presented to the Manning Board. i ask for the courtesy of the most advance notice possible. Very truly yours, RICHARD I. CANTOR RIC:gg cc Al Ro': ertS, Esq Client. VINCENT L TEAHAN JAMES P. CONSTANTINO RICHARD I. CANTOR STEPHEN CE DIAMOND ELIOT D. HAVAGNS STEPHEN M_ FRIEDBERG COUNSEL November 29, 2001 Jerry Terwilliger, Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, TEA uN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P O. BOX 1969 POUGHICEEPSIE, NEW YORK 12601-0969 (845)452-1834 Fax (845) 452-1421 E -Mail tandc®idsi.net Comptroller NY 12590 RE: ESCROW FUND; APPLICATION OF ATLANTIC MORTGAGE BANKERS, LTD. FOR REZONING Dear Town Comptroller Terwilliger: MILLBROOK OFFICE 41 FRONT SMEE , SUITE A PO: BOX 1181 MILLBROOK, NEW YORK 12545 Tel (845) 677-210I Fax (845) 677-1054 E -Mail teahanCidsL.net INTERNET HOME PAGE hmp:]/TCTaxPlan.com The Town Board of the Town of Wappinger established a $2,500 escrow fund for payment of professional fees in connection with the review of the Atlantic Mortgage Bankers applica-ion for rezoning. I am enclosing a $2,00 check payable to the order of the Town of Wappinger to fund this account. Please be good enough to deposit the check in the appropriate escrow fund. Very truly your , �_u . RICHARD I. CANTOR RTC: gg ,� ` V Encs. (��V� cc: Supervisor Smith and Members of the ''Town Boa►rt1 ��a1 Town Clerk Morse 0 3 Al Roberts, Esq. Client .CO\j\iN RECEIVED TOWN CLERK TOWN OF WAPPINGER TOWN CLERK GLORIA J. MORSE (845) 297-5771 November 28, 2001 Richard I. Cantor 2780 South Road Poughkeepsie, NY Dear Mr_ Cantor: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 12601-0969 SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL VINCENT BETTINA JOSEPH P. PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI As per your request, I have enclosed copies of the transmittal letters that were forwarded to Roger Akeley of the Dutchess County Department of Planning and the Town of Wappinger Planning Board. in regard to the rezoning petition presented to the Town Board on November 26, 2001. If I can be of further assistance, please do not hesitate to contact me. Sincerely, Gloria J. Mor Town Clerk GJM/fh encl. Sent By: Teahan & Constantino; VINCENT L TEAHAN JAMES P. C'ONSTANTINU RICHARD L CANTOR STEPHEN C.F DIAMOND EL IOT D. HAWKINS STEPHEN M.RUEDBERG [XXJNSEL November 27, 2001 VIA FAX 297-4558 Ms. Gloria Morse, Town of Wappinger. 20 Middlebush road P.O. Box 324 Wappingers Falls, 845 452 1421; Nov -27-01 3:31 PM; Page 111 T)F,AHAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGHKEEPSIE, NEW YORK 12601.0969 (845) 452-1.834 Fax (845) 452.1421 E -Mail tandc®idsi.net Town Clerk NY 12590 MILL.BROOK OFFICE 41 FRONT 5 REFr, SUITE A PC: Box 1181 M1L1BRoo1C. NEW YORK 12545 Tel (845) 677.2101 Fax (845) 677.1054 &Mal[ ftdmnGidkf.ne[ INTERNET HOME PAGE http./=axPlan.com RE: APPLICATION OF ATLANTIC MORTGAGE, BANKERS, LTD. FOR REZONING OF ROUTE 9 PROPERTY Dear 'Town Clerk Morse: At the Town Board meeting last night, the Town Board adopted a motion to rQfPr the applicat.i.ort for rezoning, including both my transmittal letter with attached application, and the looseleaf book EAF, to both the Town of Wappinger Planning Board and Dutchcsz; County Planning. Do you need any additional copies of the material? Please be good enough to provide me with a copy of the transmittal memoranda or transmittal letters. I thank you in advance for your anticipated courtesy and cooperation. Very truly you rL&-- RICHARD �6A I. CANTOR RIC:gg CC: Al Roberts, Esq. VIA FAX 298-2842 Arthur Dadominicis VIA FAX 831-0967 TOWN OF WAPPINGER TOWN CLERK GLORIA J. MORSE (845)297-5771 November 27, 2001 TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS. NY 12590-0324 Roger Akeley: DC Department of Planning 27 High Street Poughkeepsie, NY 12601 Dear Mr. Akeley: SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL VINCENT BETTINA JOSEPH P. PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI Enclosed is a rezoning petition from Atlantic Mortgage Bankers Ltd., that was presented to the Town Board at their Regular Meeting of November 26, 2001. In accordance with the General Municipal Law, Section 239-1, this petition has been referred to your Board for their review and recommendations. Yours truly, Cl t J. loria ` rse Town C erk GJM/fh enol TOWN OF WAPPINGER TOWN CLERK GLORIA.!. MOPSE (8451297-5771 November I27, 2001 Town of V Planning 20 Middle Wappinge TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS. NY 12590-0324 3.ppinger oard ush Road s Falls, NY 12590 SUPERVISOR CONSTANCE 0. SMITH TOWN COUNCIL VINCENT BETTINA JOSEPH P. PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI Re: Rezoning Petition Atlantic Mortage Bankers, Ltd. 19-6156-02737984-00 Route 9, Wappingers Falls, NY Enclosed herewith is a rezoning petition from Atlantic Mortgage Bankers, Ltd. that was presented to the Town Board at their Regular Meeting of November!, 26, 2001. These docun informal reg Yours truly, o' Gloria J c Town k GJM/fh encl lents have been referred to the Town Planning Board for your iew and recommendations. VINCENT L. TEAHAN JAMES P. CONSTANTINO RICHARD I• CANTOR STEPHEN C_E DIAMOND ELIOT D. HAWKINS STEPHEN M.FRIEDBERG COUNSEL November 15, 2001 TEAHAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P O_ BOX 1969 POUGHKEEPSIE, NEW YORK 12601-0969 (845) 452-1834 Fax (845) 452-1421 E -Mail tandc®idsi.net Ms. Gloria Morse, Town Clerk Town of Wappinger Town Hall 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 MILLBROOK OFFICE 4 NORTH AVENUE WASHINGTON PLAZA PO. BOX 1104 MILLBROOK, NEW YORK 12545 Tel (845) 677-2101 Fax (845) 677-1054 E -Mail teahatn®idsi.net INTERNET HOME PAGE http:/ITCTaxPlari.com RECEIVED Nov t 6 2001 TOWN CLERK RE: APPLICATION OF ATLANTIC MORTGAGE BANKERS, LTD FOR REZONING OF ROUTE 9 PROPERTY Dear Town Clerk Morse: I am submitting an application for rezoning of a parcel of land located on the east side of Route 9, a relatively short distance south of the intersection of Route 9 and Smithtown Road. The request is to rezone the property from its present zoning designation, R2F, to a new zoning designation, HB. Accordingly, I am transmitting 7 copies of the Town form 'Application for Change of Zone'. The applications have been signed by Frederick M. Cantor as President of Atlantic Mortgage Bankers, LTD. Please note that each of the applications has an attached Exhibit A. The attached Exhibit A is entitled 'Agreement Limiting and Regulating Use'. The purpose of Exhibit A is to limit the scope of the use of the property as recited in the agreement. Even though the property is requested to be rezoned HB, the applicant is prepared by agreement to limit the use and scope of the property as set forth in the agreement. In addition, each copy of the application has a copy of the owner's deed affixed as Exhibit B. Seven copies of a Full Environmental Assessment form prepared by Matthew D. Rudikoff Associates, Inc. accompany the application. Exhibits C, D, E and F of the EAF all include a sketch or map showing the location of the property. The request is to rezone the entire property. Calls were placed by my office to your office, the Planning office and the Zoning office inquiring as to the necessary fee for the application. We were advised that there is no fee. If this is incorrect please advise. I will remit the required fee. TEAHAN & CONSTANTwo Gloria Morse, Town Clerk November 15, 2001 Page 2 This application is a petition of the owner of the property for a change in zone. The requirement for a metes and bounds description of the property is satisfied by the deed annexed to the application. The names and addresses of adjacent abutting property owners are shown in the application. The requested rezoning is submitted because the property, given the Route 9 location, cannot reasonablely be used for R2F purposes. Exhibit F of the EAF contains a statement elaborating on this point. It is understood that the Town Board will require the establishment of an escrow account deposit to reimburse the Town for the professional review charges in connection with the review of the application. It is requested that this application be referred to the Town of Wappinger Planning Board for its advisory report pursuant to § 240- 112(B) of the Wappinger Zoning Code. It is also requested that referral be made to the Dutchess County Department of Planning pursuant to the applicable provisions of the General Municipal Law. I do not know if the property is within 500 feet of the town boundary. If it is, notice must also be provided pursuant to Town Law §264 (2) (b). It is my intention to appear at your meeting to offer an initial discussion and explanation of this application. Respectfully submitted, R-t-_� RICHARD I. CANTOR RIC:pc Encs. CC: Frederick Cantor (w/full set of encs Arthur DeDominicis (w/application) Michael Gillespie (w/application) Matthew D. Rudikoff (w/application) Albert Roberts, Esq. Tay Paggi Daniel K. Wehry Jble 0 ; 11 n� G' 2�3 "A PJ �L �G�v / 300910 S,Aci 777882 2 5 Ac ti aJs�r �1r�vi 771855 n !' 794847 0 2 00 Ac - F n,, 7776, � �,' �C gn94 L+13976 �N G �rl b91�3�� y 3 52 A, ^- ' 3S 11{ .1 G h fY `� 939913 7G898 153 .. I z . I I M• SEQR FULL ENVIRONMENTAL ASSESSMENT FORM A r MATTHEW D. RUDIKOFF ASSOCIATES, INC. 11 Beekman Street - P.O. Box 271 Beacon, New York 12508 Phone - (845) 831-1182 F'ax - (845) 831-2696 www.rwudikoff.com Atlantic Mortgage Bankers, Ltd Rezoning TOPIC Matthew D. Rudikoff Associates, Inc. ATLANTIC MORTGAGE BANKERS, LTD. REZONING ROUTE 9, TOWN OF WAPPINGER, NEW YORK: DUTCHESS COUNTY TABLE OF CONTENTS PAGE ENVIRONMENTAL ASSESSMENT FORM ....................................... 1 SITE LOCATION MAP ............................. ........................... b APPENDICES Appendix A Agreement Limiting and Regulating Use Application For A Change of Zone Appendix B Correspondence Appendix C Appendix D Appendix E Appendix F Appendix G Streams & Wetlands Agricultural District Map Excerpt Flood Insurance Rate Map (FIRM) Zoning of Properties Fronting on Route 9 Map Zoning and Land Use Soil Data Geotechnical Report Atlantic Mortgage Bankers, Ltd Rezoning /Full Environmental Assessment /RC01190 /November 5, 2,001 i 14-16-2 (9195)-7c SEQR 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 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 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 dates, 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 projector action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially -large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 'I and Unlisted Actions Identify the Portions of EAF completed for this project: ■ Part 1 ❑ Part 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. ❑ B. 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 ATLANTIC MORTGAGE BANKERS LTD REZONING Name of Action Town of Wappinaer Town Board Name of Lead Agency Constance o. Smith Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) November 5 2001 Date Atlantic Mortgage Bankers, Ltd Rezoning /EAFIRC01190/November 5, 2001 Page 1 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 OF ACTION Atlantic Mortgage Bankers, Ltd Rezo LOCATION OF ACTION (Include Street Address, Munkc pality and County) State Route 9, Town of Wappinger, New York; Dutchess County; Tax Parcel 19-6156-02-737984 NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Atlantic Mortgage Bankers, Ltd (845) 896-6773 ADDRESS Route 9, P.O, Box D CITY/PO Fishkill NAME OF OWNER (If dlHerent) Same ADDRESS STATE ZIP CODE 1, 1 12524 BUSINESS TELEPHONE STATE I vp CODE DESCRIPTION OF ACTION Rezoning classification of an existing 0.52 acre parcel (designated as tax grid parcel #19-6156-02.737984) from R -2F to HB District which would join existing HB zoned and developed lands. The subject parcel is located on the easterly side of NYS Route 9, approximately 350 feet south of the intersection with Smithtown Road. The parcel's location on Rt 9 which Is adjacent to and nearby other business uses and its unsuitability for the allowed residential use supports the reason for the zone change. Future potential site development would consist of the development of a two (2) story office building (6,000 square foot of gross floor area), associated parking, site access via NYS Route 9 (northbound lane), and site landscaping and utilities. The rezoning action by the Town Board is being considered In the light of the applicants agreement to limit all future development to 6,000 square feet of office development and related facilities so that the full potential impact of the rezoning action is evaluated herein. Although the parcel is below the minimum lot size required for the HB zone, the appropriateness of the proposed use in that location and the applicant's agreement to forever limit the potential development thereon, and the plan's compliance with all other development and environmental regulations support the rezoning as the means to allow the development of this parcel to It's highest and best use. 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) ■ Wooded ❑ Agriculture ■ Other Federal wetlands (refer to Anaendix„B, ACOE letter) 2. Total acreage of project area: 0.52 acres. APPROXIMATE ACREAGE: PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres FeFested Woodlands 0.08 acres 0.03 acres Agricultural (includes orchards, pasture, etc.) 0 acres 0 acres Wetland Federal 0.14 acres 0.04 acres Water Surface Area 0 acres 0 acres Unvegetated (rock, earth or fill) 0.30 acres 0 acres Atlantic Mortgage Bankers, Ltd Rezoning IEAFIRC01190/November 5, 2001 Page 2 Roads, buildings and other paved surfaces 0 acres 0.28 acres Other Grassed surface 0 acres 0.17 acres 3. What is predominant soil type(s) on project site? DwB - Dutchess 1 Cardigan Complex: Refer to Appendix G a. Soil drainage: ❑ Well drained _ % of site ■ Moderately well drained 100 % 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 System? 0 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes ■ No a. What is depth to bedrock? 15.5' to 17.5'+ (in feet) Per soil testing on subject site conducted by Kevin L Patton P.E. Re ort dated 2128100 refer to ARDendix G Soil Data and Geotechnical Report). b. Approximate percentage of proposed project site with slopes: 00-10100% ❑ 10-15�% ❑ 15% or greater _% 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes ■ No Refer to Appendix B Correspondence - OPRHP Letter 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes ■ No 8. What is the depth of the water table? Varies (in feet) Surface to 10' below surface. 9. Is site located over a primary, principal, or sole source aquifer? ❑ Yes ■ No Per Kevin L. Patton P.E. Report dated 2128100 refer to Appendix G Soil Data and Geotechnical Report). 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes ■ No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes ■ No According to Refer to Appendix B, Correspondence. _NYSDEC Letter. Identify each species NIA 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)? ❑ Yes t No Describe NIA 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes ■ No If yes, explain NIA 14. Does the present site include scenic views known to be important to the community? ❑ Yes ■ No 15. Streams within or contiguous to project area: NONE: Refer to Appendix C. a. Name of Stream and name of River to which it is tributary: NA 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Unnamed Federal Wetlands. b. Size (in acres) 0.1-4- refer to Appendix C. 17. Is the site served by existing public utilities? ■ Yes ❑ No a. If Yes, does sufficient capacity exist to allow connection? XYes ❑ No b. If Yes, will improvements be necessary to allow connection? ■ Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? ❑ Yes ■ No Per review of Agricultural District Maps; refer to Appendix D. 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑ Yes ■ No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑ Yes ■ No Construction Debris previously laced on site. B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate): a. Total contiguous acreage owned or controlled by project sponsor 0.52 acres. b. Project acreage to be developed: 0.52 acres initially; 0.52 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: NIA (if appropriate). e. If the project is an expansion, indicate percent of expansion proposed NIA . f. Number of off-street parking spaces existing 0 ; proposed 20 . g. Maximum vehicular trips generated per hour 9 (upon completion of project)? AM and PM Peak hours trips generated based upon ITE trip genratio,n rates for office buildings (ITE G` Ed.). h. if residential, number and type of housing units: One Family Two Family Multiple Family Condominium Initially NIA NIA NIA NIA Ultimately NIA NIA NIA NIA Atlantic Mortgage Bankers, Ltd Rezoning /EAF/RC01190/November S, 2001 Page 3 i. Dimensions (in feet) of largest proposed structure 35 feet height; 40 feet width; 75 feet length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 149.3 ft. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed? ■ Yes ❑ No a. If yes, for what intended purpose is the site being reclaimed? _Building, Parking. Access, Landscaping. b. Will topsoil be stockpiled for reclamation? ■ Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ■ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from the site? 0.28 acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑ Yes ■ No 6. If single phase project: anticipated period of construction 8 months (including demolition). 7. if multi -phased: NIA. a. Total number of phases anticipated NIA (number). b. Anticipated date of commencement phase 1 NIA month NIA year (including demolition). c. Approximate completion date of final phase NIA month N/A year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No NIA 8. Will blasting occur during construction? ❑ Yes ■ No None anticipated. 9. Number of jobs generated: during construction 15 , after project is complete 10 new office employees). 10. Number of jobs eliminated by this project 0 . 11. Will project require relocation of any projects or facilities? ❑ Yes ■ No If yes, explain NIA . 12. Is surface liquid waste disposal involved? ■ Yes ❑ No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount Treated Sewage 600 GPD. b. Name of water body into which effluent will be discharged TempoEiij7discharge into an unnamed stream/drainage feature In the Route 9 ROW. NYSDEC and DC DOH correspondence is.included in Appendix B. When a central sewer district and treatment capability is made available the Prolect will hook up to It. 13. is subsurface liquid waste disposal involved? ❑ Yes ■ No Type N/A. 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes ■ No Explain 15. Is projector any portion of project located in a 100 year flood plain? ❑ Yes ■ No Refer to Appendix E.- 16. Will the project generate solid waste? ■Yes ❑ No a. If yes, what is the amount per month 0.2 tons. Estimated by applicant b. if yes, will an existing solid waste facility be used? 9Yes ❑ No c. if yes, give name Variable; location Variable MYS apRroved facility). d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? EYes ❑ No e. If yes; explain Rec clables Alum. cans lass newspapers, etc... . 17. Will the project involve the disposal of solid waste? O Yes ■ No a. If yes, what is the anticipated rate of disposal? NIA tons/month. b. If yes, what is the anticipated site life: NIA years. 18. Will project use herbicides or pesticides? ❑ Yes ■ No 19. Will project routinely produce odors (more than one hour per day)? ❑ Yes ■ No Except potential temporary, short term construction related odors. 20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes ■ No Except potential temporary, short term construction related noise. 21. Will project result in an increase in energy use? ■ Yes ❑ No If yes, indicate type(s): Fuel oil, electricity, etc.... 22. If water supply is from wells, indicate pumping capacity 5 DCHP Min. gallons/minute (as per Day, Oswald, & Gillespie). 23. Total anticipated water usage per day 600 gallons/day. 24. Does project involve local, State or Federal funding? ❑ Yes ■ No If yes, explain N/A. 25. Approvals Required: Type Submittal G#y, Town, Village Board ■ Yes ❑ No Rezoning Date The subject application before the Town of Wappinger Town Board is for the rezoning of the parcel as described herein. in the event that the Town Board approves the rezoning request, the following approvals will subsequently be required for the project to proceed. Atlantic Mortgage Bankers, Ltd Rezoning/EAF/RC01190 /November S, 2001 Page 4 Town, Village Planning Board ■ Yes ❑ No ' Site Plan Gity, Town, Village Zoning Board ■ Yes ❑ No Lot Area 1 Setback Variances` Gity, County Health Department ■ Yes ❑ No Sewa a disposal I water supply Other Local Agencies ❑ Yes ■ No Other Regional Agencies ■ Yes ❑ No County 239-L&M Referrals State Agencies ■ Yes ❑ No NYSDOT - Entrance NYSDEC - SPDES1Water uaiCert Federal Agencies ■ Yes ❑ No ACOE Nationwide Wetland Permit C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ■ Yes ❑ No If yes, indicate decision required: ■ zoning amendment ❑ zoning variance ❑ special use permit ❑ subdivision ❑ site plan ❑ new/revision of master plan 0 resource management plan ❑ other See Appendix F for a discussion of the land use and zoning Impact considerations and the development limitations agreed to by the applicant in seeking the proposed zone change. 2. What is the zoning classification(s) of the site? R -2F 3. What is the maximum potential development of the site if developed as permitted by the present zoning? One - Two 2 family residences. 4. What is the proposed zoning of the site? HB Zoning District. 5. What is the maximum potential development of the site If developed as permitted by the proposed zoning? NA. The aRplicant has agreed to limit development on the site to one 1 6,000 sci. ft. office building and the related site Improvements. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ■ Yes ❑ No Please turn to Appendix F for a discussion of this tonic, 7. What are the predominant land use(s) and zoning classifications within a 114 mile radius of proposed action? Subject Parcel is Immediately ad scent to MB other R -2F & R-80 Zoning District ro erties• Adjacent land uses Include business/commercial uses & trailerpark: refer also to Appendix F. 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ■ Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? NIA . a. What is the minimum lot size proposed? NIA. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yes ■ No Please see the corres ondence concerning the on-site treatment of wastewater and discharge authorization contained in Appendix B Correspondence. 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ■ Yes ❑ 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 road network adequate to handle the additional traffic? ❑ Yes ❑ No NIA 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, piease discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the Information provided above is true to the best of my knowledge. Applicant/Sponsor Name Atlantic Mortgage Bankers Ltd Federick M. Cantor Date October 31, 2001 Signature Title President If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with the assessment. AtlandcMartgage Bankers, Ltd Rezoning/EAF/RC01190/November 5, 2001 Page 5 I ,r 1\ BASE MAP SOURCE: I NOS, 1 U.S.G.S. Wappingers Falls, NY Quadrangle, dated 1956, photo revised 1981 and Property Tax Map MATTHEW D. RUDIKOFF ASSOCIATES, INC. RIVERSIDE AT BEACON P.O. BOX 271 -7-11 BEEKMAN STREET BEACON, NEW YORK 12508 TEL (845) 831-1182 - FAX (845) 831-269$ www.rudikoff.com SITE LOCATION MAP ATLANTIC MORTGAGE BANKERS, LTD REZONE NYS ROUTE 9 WAPPINGERS FALLS, NY DATE NOVEMBER 5, 2001 SCALE NTS FILE # RC01190 FIGURE 1 • � w APPENDIX A AGREEMENT LIMITING AND REGULATING USE APPLICATION FOR A CHANGE OF ZONE t.` AGREEMENT LIMITING AND REGULATING USF THIS AGREEMENT dated the day and year herei-nafter set forth by and between TOWN OF WAPPINGER. Dutchess County, New York, with offices at Town of-Wappinger, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, NY 12590 (Town) and A'T'LANTIC MORTGAGE BANKERS. LTD., a New York corporation, with offices c/o Frederick M. Cantor, Century 21 Country Bumpkin, Route 9, P.O. Box D, Fishkill, New York 12524 (owner) . WHEREAS, owner owns a certain parcel of real property on the easterly side of U.S. Route 9. with tax grid no. 19-6156-02-73--7984 (the property) ; and WHEREAS, the property is currently located in an R2F zoning district on the Zoning Map of the Town of Wappinger; and WHEREAS, owner has requested that Town amend the Zoning Map so as to place the property in an I1B zone; and WHEREAS, Owner has offered to limit the uses allowed on the property under. HB zoning as hereinafter set forth and to regulate water use and waste water disposal on the property as hereinafter set forth; and WHEREAS, Town finds and determines that the limitations and regulations as hereinafter set forth are appropriate for the property and further finds and determines that. the property,- with such limitations and regulations is appropriate for RB zoning - 1 If MOW, THEREFORE, Town and Owner, on ,consideration of their mutual agreements agree as follows: I.. Upon rezoning of, the property from. R2F to HB, the property shall. be used only for the use listed av "professional, banking, business, governmental or ether offices" in the HB zone pursuant to the Town of Wappinger Zoning Ordinance. Z. Upon rezoning of the property from R7.F to HB, the property may not be improved by a principal building containing more than a three thousand (3,000) square footprint and a total of six thousand (6,000) square feet in.a two-story structure. 3. Upon rezoning of the property from R2F to HB, and at such time as a public water supply provided by the Town of Wappinger and/or a Town Water Improvement is placed in the public right -of - .way adjoining the property and is physically available for connection to the property, and has an adequate supply of water to serve the property, the owner of the property shall, with all reasonable expedition, cause the property to be connected to such water supply. 4. At such time as a public waste water disposal line (sanitary sewer line) provided by the Town of Wappinger and/or a Town Sewer Improvement is placed in the public right-ot-way adjoining the property and is available for connection to the property, and is physically available for connection to the property, and has adequate capacity to receive the waste wages' E Ej produced on the property, t}hc!t owner of the property shall, with all. reasonable expedition, cause the property to be connected to such waste water disposal line. Upon such connection, the owner of the property shall discontinue use of Che waste water treatment facility located on the property and shall utilize only the connection with the Town or Town Sew('.,- improvement waste water disposal Line (sanitary sewer line) for c?_;;F unAl of waste water. S. paragraphs 1 and 2 of this Agreement uhaii Lerminate and shall be of no effect at such time as the' property is connected to the aforesaid public water supply system and aforesaid waste water disposal line (sanitary sewer line)_ Such termination shall be self -effectuating and does not require any further document or enactment provided, however, that the. Town of Wappinger, at the `°='n , request of owner, agrees to effectuate a document confirming the termination of said paragraphs 1 and 2. 6. This Agreement shall, be binding upon and enure to the hanef it of Town and Owner and their respective successors and assigns. 7, This Agreement: is intended to be a permanent agreement to run with the land except as it may terminate as provided above. TOWN OF WAPPTNGER Dated: 2001 BY: CONSTANCE O. SMITH, TOWN -SUPERVISOR ATLANTIC MORTGAGE BANKERS, LTD Dated: 2001 BY: FREDERICK M. C4NTOR, PRESIDENT 3 00 4/7/86 TOWN OF WAPPINGER 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 environmenta('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 reivew. 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 ELAINE SNOWDEN', TOWN CLERK I. RECORD OWNER: ATLANTIC MORTGAGE BANKERS LTD. 2. OWNER'S AD-DRESS:_r,/0 FIR D CANTOR, CENTURY 21 COUNTRY BUMPKIN ROUTE 9 P.O, BOX D, FISHKILL, NY 12524 r` 3, OWNER'S TELEPHONE: (days) 845/896-6773 .(evenings) N/A 4. APPLICANT (if other than Owner) N/A 5. APPLICANT'S ADDRESS: (if other than Owner) N/A 6. APPLICANT'S TELEPHONE: (days)N/A (evenings) 7. PROPERTY ADDRESS (if different): EAST SIDE OF ROUTE 9 TOWN OF WAPPINGER 8, TAX MAP GRID NUMBER OF PROPERTY: 19-6156-02-737984-00 9. PRESENT ZONE OF PROPERTY: R -2F .10, REQUESTED ZONE OF PROPERTY: HB (LIMITED WITH PROPOSED AGREEMENT ANNEXED AS EXHIBIT A) 11. TOTAL AREA OF PROPERTY: square feet or 57 acres 12.- DIMENSIONS OF PROPERTY: 152.61 ON THE NORTH; 151' ON THE EAST 13. 1671 ON THE ; LIST ANY ROAD FRONTAGES ON YOURUTHPROPERTY: ON THE WEST r 149.33 FOOT OF FRONTAGE ON US ROUTE 9 ROAD. FOOT OF FRONTAGE ON` ROAD. -14. IS PROPERTY VACANT LAND? YES r - I 15, IF NOT,: IDENTIFY ANY STRUCTURES PRESENTLY ON THIS PROPERTY: 16. DESCRIBE THE PRESENT USE(S) OF THE PROPERTY; 17. IS PROPERTY NOW SUBJECT TO ANY RIGHTS-OF-WAY OR EASEMENT(S) IN FAVOR OF OTHER PROPERTIES? rrn 18. IS THE PROPERTY PRESENTLY WITHIN A PUBLIC OR PRIVATE WATER DISTRICT?' Ho WHICH ONE? 19. IS PROPERTY PRESENTLY WITHIN A PUBLIC OR PRIVATE SEWER DISTRICT? WHICH ONE? 20. DESCRIBE THE PURPOSE OF YOUR REZONING REQUEST AND THE GENERAL NATURE OF DEVELOPMENT PLANS:. PROPOSED CONSTRUCTION OF A 2 -STORY OFFICE BUILDING AS SET FORTH IN PROPOSED AGREEMENT ANNEXED AS EXHIBIT A 21. DESCRIBE .PROPOSED SIZE OF ANY BUILDINGS TO BE CONSTRUCTED; E.G.: RESIDENTIAL UNITS OF APPROX. _ SQ. FT. EACH SQ. FT. RETAIL SPACE 6 000 SQ. FT. OFFICE SPACE SQ. FT. INDUSTRIAL SPACE 22. LIST OWNERS AND ADDRESSES OF ABUTTING PROPERTY AND EXISTING USES OF PROPERTY: NORTH: OWNER: PINON120.1PHILIP J. 11.06 ROUTE 9 ADDRESS: 31 WTUMEINGERS FALLS NY 12590 PROPERTY USE: MOr0R VEHICLE FACILITY - 2 - EAST: OWNER:BIRCHWOOD MOBIL. HOME(1094-- ROUTE 9) C/O GLORIA UNDEN ADDRESS: 1094 ROUTE 9 LOT 2I FISHKILL NY 12524 PROPERTY USE: TRAILER PARK - SOUTH: OWNER BIRCHWOOD MOBIL HOME -ADDRESS: SAME. AS ABOVE PROPERTY USE: DRIVEWAY FOR TRAILER PARK AND VACANT LAND WEST: OWNER: NEW YORK STATE DEPARTMENT OF TRANSPORTATION ADD-RESS:REGION 8 OFFICE: 4 BURNETT BOULEVARD, POUGHKEEPSIE, NY PROPERTY USE: 6.03 HIQHWAY - ROUTE 9 23. IS THERE ANY STATE OR COUNTY OWNED ' PROPERTY WITHIN 504 FEET OF PROPERTY? YFIS 24. DESCRIBE THE NATURE OF YOUR PROPERTY: WHAT TYPES OF SOILS DOES YOUR PROPERTY CONTAIN? SEE ADVANCED TESTING_COMPANY, INC. REPORT DATED FEBRUARY 28, 2000 A COPY -IS A PART OF THE EAF DOES IT CONTAIN ANY PONDS? NO DOES IT CONTAIN ANY STATE DESIGNATED WETLANDS OR ADJACENT AREAS? NO DOES IT CONTAIN ANY FLOODWAY OR FLOODPLAIN LANDS? NO DOES 1T 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? NUMBER OF WELLS ON PROPERTY: NONE DEPTH OF WELLS ON PROPERTY: NUMBER OF SEPTIC SYSTEMS ON PROPERTY: E HAVE ANY WELL TESTS INDICATED UNSATISFACTORY WATER QUALITY? NO 25. ANY ADDITIONAL COMMENTS OR INFORMATION YOU WOULD LIKE INCLUDED WITH YOUR APPLICATION? SEE ANNEXED PROPOSED AGREEMENT EXHIBIT A -3w r SEE ANNEXED PROPOSES cuffkE ltilr;NT ---EXHIBIT A ATTACHMENTS THE FOLLOWING MUST BE SUBMITTED WITH YOUR WRITTEN APPLICATION: 1. PARTS l E 11 (AND PART 111, 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 OF YOUR PROPERTY AND THE SECTION(S) OF IT THAT YOU WISH TO HAVE REZONED. 4. COPY OF OWNERS DEED, DATE OF SUBMISSION. ~~M y DATE RECEIVED BY TOWN CLERK: 8TLANTTrJM()Drrr_mr'rE BANKERS LTD. 7 Signature of Owner(s) FREDERICK[ M. CANTOR, PRES. Signature of Applicant(s) -.4_ APPENDIX B CORRESPONDENCE Donald J. Faucher (NYS Department of Transportation) dated November 29, 1999 and October 12, 2000 Ted Kerpez (NYS Department of Environmental Conservation) Ruth L. Pierpont (NYS Office of Parks, Recreation & Historic Preservation) Department of the Army, Permit Application No. 2000 -00568 -YS Joseph Marcogliese, P.E. (NYS Dept. of Environmental Conservation), dated March 17, 1999 & January 13, 2000 NYS Dept. of Environmental Conservation Discharge Permit Daniel O'Connor, P.E. (DC Department of Health) J 11/30/99 TOE 16:27 PAZ 914 226 131s I i r � i STATE OF r ER lw YORK DEPARTMENT OF TRANSPORTATIQN 4 BURNETT BOULEVARD POUGHKEEPSII=; N.Y. 12603 Roeca'rA. DeNNIsoN In, pg, - RZ12IONAL DIRECTOR h JosEPN m. HoARRMAN WiLuAm 0. FffVATr4m i COIfM15510NER REMONAL TXAM9C EMaVaM i a � i November 29, 1999 ! Michael Gillespie Day, Oswald & Gillespie 10-65 Route 82 Hopewell Junction, NY 12533 I i Re: Site Ian for DeDominicus Route 9 5H 5154 Town of Wappinger Dear Mr. Gillespie: County of Dutchess i • F This letter is in reply to your submittal of a preliminary site plan f4 the above referenced project, We offer the following: t 1) The concept of a commercial access at this point is acceptable. 2) The concrete curb should be at the:same distance fr m the travel lane and be attached to the concrete curb on both sides of the proposed access. 3) A culvert extension detail must be shown. 4) A One Way sign (R3-11) must be installed in the n4edian. 5) The guarantee deposit is 53,000.00 in the form, of a certified,check'orperformarice bond. Please submit three (3) sets of revised plans with the permit application. i Very truly yours, �f Donald J. Faucher Permit Erigineer-Dutchess County DJFAml cc: Town of Wappinger Planning Board X001 11/30/99 TITS 19:27 FAI.914 226 1315 '§ 213.4 ' 213.d One-way slgna. f ' ':= :=WAY ONE wAY I k will % ALL i I I - F BackgFaund: sae #ext • kegand. see text ONCE ONE WARY ! WAY TRAM 8315 - �DIViiDE•D� HIGHWAY R3.14 R3.17 i t li R3-15 DIVIDED HIGHWAY R3.11 7-1-83 1 r, X002 New York State Department of Environmental Conservation rXVISlon of Fish, Wildlife and Marine Resources, Region 3 Jureau of Wildlife 21 South Putt Corners Road, New Paltz, New York 12561-1696 Phone: (845) 256-3091 • FAX: (845) 255-4659 Website: www.dec.state.ny.us John hill Commissioner July 26, 2000 Michael E. Gillespie Day, Oswald & Gillespie 15559 Suite B Route 82 Hopewell Jct., NY 12533 RE: Dedominicis Site plan Town of Wappinger, Dutchess County Dear'Mr. Gillespie: We have reviewed the Significant Habitat and Nataral Heritage Program files with respect to the above refereed project'as described and located in your Ietter and map. We found no records of endangered or threatened. species in the area which you indicated the project would be located. The absence -of records does not necessarily mean that endangered or threatened species -do not exist on or adjacent to the site, but rather that our fifes currently do not contain any information on the presence of these species. - Our files are continually growing as new occurrences of endangered and threatened species are discovered. In most cases site- , specific or comprehensive surveys have not been conducted, For these reasons, we cannot provide a definitive statement on the presence or absence of species. Therefore, this information should not be substituted for on- site surveys that may be required for environmental impact assessment. Sin;,.erely, 0 4 � Ted Kerpez Senior Wildlife Biologist Region 3 New York State Office of Parks, Recreation and Historic Preservation Field Services Bureau Historic Preservation i5 NEW YOM STATE Peebles Island, PO Box 189, Waterford, New York 12188-0189 rn Beadette Castro 518-237-8643 COM &SSIOner September 29, 2000 !, Michael E. Gillespie, P -E. Day, Oswald & GiIlespie 1.559 Suite B Route 82 Hopewell Junction, New York 12533 Dear Mr. Gillespie: Re: lt!E RE Arthur Dedominicis Site PIan Expansion/US 9 WaPpinger, Dutchess County OOPROO14 Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation <OPREF). We have reviewed the project in accordance with the New York State Parks, Recreation and Historic Preservation Law, Section 14.09. Based upon. this review, it is theyourjectwill- have No upon cultural resources is or eligible for inc usion the. and NahonaI Regr'siers of Himpact Places. - If further correspondence is required regarding this project, please be sure to refer to the OPRIOP Project Review (PR) number noted above. RLP:bsd 3 Sincerely, 04'c'A' PwFod— Ruth L. Pierpont Director An nnn"rh"HU, K REPLY TO ATm nON OP Regulatory Branch DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORFtS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278 -DM SUBJECT: Permit Application Number 2000 -00568 -YS by Arthur Dedominicus Michael E. Gillespie Day, Oswald & Gillespie 10-65 Route 82 Hopewell Junction, New York 12533 Dear Mr. Gillespie, SEP 0 6 2000- . On January 3, 2000, the New York District Corps of Engineers received'a request for a Department of the Arany jurisdictional determination and authorization for the above referenced project. This request was made by Day, Oswald & Gillespie, as consultant for Arthur Dedominicus.. The area within the project boundary consists of approximately 0.70 acres, in the Hudson River basin; located on New York State Route 9 in the Town of Wappinger, Dutchess County, New York. The proposed project would involve the construction of a commercial building. In the letter received on January 3, 2000, your office submitted a -proposed delineation of the extent of waters of the United States within the project boundary. A site inspection was conducted by a representative of this office on May 3, 2000, in which it was agreed that changes would be made to the delineation and that the modified delineation would be -submitted to this office. On August 18, 2000, this office received the modified delineation. Based on the material submitted and the observations of the representative of this office during the site visit, this site has been determined to contain jurisdictional waters of the United States based on: the presence of wetlands determined by the occurrence of hydrophytic vegetation, hydric soils and wetland hydrology according to criteria established in the 1987 "Corps of Engineers Wetlands Delineation Manual," Technical Report Y--87-1. Based on the above, it has also been determined that the drawing entitled "Site Plan For: Arthur Dedominicus Town of Wappinger Dutchess County, New York", prepared by Day, Oswald .& Gillespie, dated December 21, 1999, and last revised August 12, 2000, appears to be an accurate depiction of the extent of the waters of the United States within the project boundary. This drawing indicates that there are three (3) principal wetland areas on the project site. The first wetland (Fed. Wetland "A") is located in the northeastern corner of the site and is approximately 0.003 acres within the project boundary. The second wetland (Fed. Wetland "B") is located along the southern edge of the site and is approximately 0.11 acres within.the project boundary. The third wetland (Fed. Wetland "C") is located near the northwestern corner of the site and is approximately 0.03 acres within the project boundary. These wetlands are considered to be above the headwaters. This determination regarding the delineation shall be considered valid for a period of five years from the date of this letter. Enclosed is a -Notification of Administrative Appeal options which provides information on your acceptance of this approved jurisdictional determination. The above referenced drawing also indicates that the total proposed impacts to waters of the United States would involve the discharge of fill material into approximately 0.10 acres of wetlands. Based on the information submitted -to this office, our review of the project indicates that an individual permit'isnot required. It appears that the activities.within the jurisdiction of this office could be accomplished under Department of the Army Nationwide- General Permit Number 39. The nationwide permits are prescribed as a Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits in the Federal Registers of December 13, 1996 (61 FR 6.5874) and March 9, 2000 (65 FR'12818). The -work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B., No. -39, Section C, acid any applicable regional conditions added by the State of New York, copies enclosed. This determination covers only the work described in the submitted material. Any major changes in the project may require additional authorizations from the New York District. Care should be taken so that construction materials, including debris, do not enter any waterway to become drift or pollution hazards. You are to contact the appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements. This verification is valid -for a period of two years from the date of this letter, unless the nationwide permit is modified, suspended or revoked. This verification will remain valid for two years from the date of this letter if the activity complies with the terms of -any subsequent modifications -of the nationwide permit authorization. If the nationwide permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a nationwide permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. Within 30 days of the completion of the activity authorized by this permit and any mitigation required by this permit, you are to sign and submit the attached compliance certification form to this office. If any questions should arise concerning this matter, please contact Brian A. Orzel, of my -staff, at (212) 264-0183. Sincerely, fa, George Nieves Chief, Western Permits Section Enclosure cf: NYSDEC - Region 3 Town of Wappinger File Number. 2000-00568 Date: September 6, 2004 Applicant` Arthur Dedominieus ' See Section Below Attached is: INIIIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMI (Standard Permit or Letter of Permission) B ,+ C PERMIT DENIAL X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT. If you received a Standard Permit, You may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signatm on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations (JD) associated with the permit • OBJECT-. If you object to the permit (Standard or LOP) because of certain terms and conditions therein, You may request that the permit be modified accordingly. You must complete Section H of this form and return the form to the New York District Engineer. Your objections roust be received by -the New York District Engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the Perrin rm the fug' Upon receipt of your letter, the New York District Engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued -as previously written. After I evaluating your objections, the New York District Engineer - will send you a proffered permit for your reconsideration, as indicated in Section B below_ B: PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the New York District Engineer for final authorization_ If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its MdTet} ; and waive in rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • decline the proffered APPEAL: If you choose to d permit (Standard or LOP) because of certain terms and conditions therein, you of Engineers Administrative Appeal Process by completing Section H of this may appeal the declined permit under the Corps Engineer, ATTN: CENAD-ET-0, Fort Hamilton Military Community, form and sending the form to the North Atlantic Division Building 301, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Division Engineer wither 60 days of the date of this notice_ C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-0, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252-6700_ This form must be received by the Division Engineer within 60 days of the date of this notice_ D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information - ACCEPT. You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD_ • ed JD, you may appeal the approved JD under the Corps of Engineers Administrative APPEAL: If you disagree with the approv Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must e New received by the North Atlantic Division Engineer within 60 days of the date of this notice with a copy furnished to the York District Engineer. pI2£i l]v 1NARY JURISDICTIONAL DETBRIMIINAMN: You do not need to respond to the Corps regarding the _pieliminary, JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to �~ � reevaluate the JD. R I -. - W+'.?eXr.-.. .,vq? � � +��1I?rkik -:. i,�`,'�v,:'�.u$'��'�t`��`•�},� y v- / �""-•' �'%.~%,. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may Attach additional infonmation to this form to clarify where your'reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. _ _ _ _ � �3:1�:i�'-3`.s,':�A'f.: •sYc�:.:rM1-`.'.S,o ??�.A:¢ ...y ��y�;fJ ...fqtah ry__ir 3G 'i�9 4-:v: }-i•_F:'4"'"' ff you have questions regarding this decision and/or the appeal process If you only have questions regarding the appeal process you may contact: you may also contact: Richard L. Tomer Review Officer U -S. Army Corps of Engineers, New York District U.S. Amey Engineer Division - North Atlantic Jacob K. Javits Federal Building Fort Hamilton Military Community New York, NY 1027"090 Burilding 301, General Lee Avenue (212) 264-9053 or 3996 Brooklyn, NY 11252-6700 (718) 491-8728 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day -notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K JAMS FEDERAL BUILDING „, NEW YORK, N.Y. 102784)M NATIONWIDE PERMIT COMPLIANCE CERTIFICATION AND REPORT FORM Permittee: Arthur Dedominicus. Permit No. 2000-00568 Date Permit Issued: -SEP Q 6 2000 Location: Town of Wa in er Dutchess County, New York Within 30 days of the completion of the activity authorized by this permit and any mitigation required -by the permit, sign this certification and return it to the address at the bottom of this form. Please note that your permitted activity is subject to a compliance inspection by a U.S. Army_Corps of Engineers representative_ If you fail to comply with this permit you are subject to permit suspension, modification or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape -it together and mail to the address below or FAX to (23-2) 264-4260. Place Stamp Here Department of the Arany New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090 ' 10/25/2001 12:19 8452261315 DAY OSWALD GILLESPIE NeW York State Department of Environmental Conservation - Division of Water, Region 3 200 White Plains Road - 6th Floor, Tarrytown, New York 10581.5a05 Phone: (814) 332-1$35 FAX: (914) 332-4870 March..17, 1999 Mr. Michael E. Gillespie, P.E. Day, Oswald & Gillespie Consulting Engineers & Land Surveyors 10-65 Route 82 Nopewell Juncti.onr N -Y. 12533 Re: Joseph De Domini.cus PAGE 02 AM fto John P. Cahill Commissioner Dear Mr. Gillespie: This.is in response to your letter regarding a proposed surface discharge at Rt. 9 and Smithtown Road in the Town of Wappinger. The following effluent limitations would be applicable: CBOD5 - 5.0 mg/l Suspended Solids -- 10.0 mg/l Settleable Solids - 0.1 Ml/1 n Chlorine Residual - 0.1 mg/1 11 Ammonia, -- 2.2 mg/1 S 555��------ ias NH3) Ammonia -- Winter 1.5 mg/3 0 - Summar � Chlorine Residual - 0.1 mg/l PH -- 6.0-9.0 SU For your information, the Water Index Number for the stream is HR - 101 - l - la -- 2. Very truly yours, jo eph Marcogliese, P.E. iR giona.l Water Engineer JM: dc 10/25/2001 12:18 8452261315 DAY OSWALD GILLESPIE PAGE 03 a[ev York State Department of Environmental Conservation Division of water, Legion 3 T New York 10591-5805 � 200 White Plains Road — 5th Floor, arry u�►n, John F. Phone: (914) 332-1835 - PAX: (914) 332-4670 Website. www. ww.dmstate.ny.us commissioner jwmary 13, 2000 Mr. "chacl E. Giiicspic, P -16 - Day, Oswald SL Gillespie Cortsulting pngincers & band Surveyors 10-.65 Route 82 Plopewell Junction NY 12533 RE: DeDonninicus (T) Wappinger Dear Mr. Gillespie: This is to clarify my letter off' March 17, 1999, The local Health DepartnRent is correct iit that the dissolved oxygen should be >7,0 mf 1• We are only concerned with the chlorine residual in the final effluenteluded the �rOa)).. I would also add a fecal col�lfonm limit of 200/100 n-1 would be permit. Please accept my apology for what was clearly an inaccurate and {rankly sloppy letter. very truly yoursk h Marcogiicsc, P E. - k4onal Water Engineer 10/25/2001 12:18 8452261315 DAY DSWALD GILLESPIE PAGE 04 This SPDFS petatft is issued In e+ *iiaMce with Title S of Arddc 17 ofthe BaviroatamW Consavatioo Lav a[ New York Sirs and ootatpIiance wilt the Gree Watu Act. as sutrndcd. (33 U.B.C_ § 1251 cueq Xieercinat�T r4 m -ad w as PEYJVHT= NAME AND ADDRESS Name: Astbur DeDotkinicMs Stress 7 Wea Maio Sheet city Beacon is authmimd to dischup from the facility dcsuibed Wow- )=AC try NAM AMID ADDRESS AtmWom Attbkw DeDcMinicis Stare: NY DeDotnialcis Office BuUm-' L U40A� (C.T.�: wmdwr in CO1m ` Faaititp Address: Route 91Sllut)i OM head City. Wappimger start: NY NYTM - N: zip Coda: 12508 Dutrhns zip Code: NYIU -E: at I.atiuwc 41 ' 33, 50 " Se Lorgiisuk: 73 ' 34 ' 20 " pr= outfall No.: 001 into rzecivist4 watns known= Ta of hMb of Ta of Wappbj r Creek Class: D +n,d; 016t other Outfalls~ S=ehfimC Watnes d: Weer C'lassifieadoas) in u.dance wick *v eMMI Mitttitatiotts. moQlcft M* items= xnd other caladiti W Sat forth in Special Condwo05 (Pffit 1) and (3ene;al Gemditfw (Part I[? of this pt*A t. DISCRARGE MONITORING REPORT (DMR) MAILING ADDR.M )4zMnSNwna: 5uvet: CnY= R.cspwnibIc Official orAPO: Sean: Zip Code: pbona oftbe infiian data sh*vM above and tine p=itrte sha F ibis pestnit olid the aurltorization to disc! shah! rxpire �Igm• �p not &wbarCe aftcrths explranon data tm[esstlds POMtu has been tene wod. or extended pursuant to law. To bs autlecrized t0 disdsarga V.- —,,, i nnr less {bass Ito lova tnior to the expiration dare lbown above. btyoted ti+e exptratioa date, rix percnitzee � apply i =R1H11't't(% Fj ra.iewr�ae�wr. - ' rldawwe Ze 5�yp7aRa.taantlen/ }r�+.Yaly, Pt�.r YwC {lilt Ste¢ D•nc / / . NEW YM STATE DEPAMMENT OF EN1tI"ENTAL WKSMAT)ON State Pothutant Discharge Efimindon System (SPDES) DISCHARGE PERM Spe6al Conditioma (Part 1) �Mwp Iadastrial Code: 9999 SPDES Ntuaber. NY-o2G138S Dish Clans (CL) D2 DEC Number. 3-1356-003.1;11 T04C Class crx): N F.ii'ett" Date (EDI): Date (WD):- Malar D�.'� Bash{: 13 AFT Sub Dranage Basil{: 05 Mo&fieatiW DNes; b Water Index Nturecr. HR-101-1-la-2 Attaehtoeno), GmaW Coadibms net 201ne: DaI IM CWqv= Arm This SPDFS petatft is issued In e+ *iiaMce with Title S of Arddc 17 ofthe BaviroatamW Consavatioo Lav a[ New York Sirs and ootatpIiance wilt the Gree Watu Act. as sutrndcd. (33 U.B.C_ § 1251 cueq Xieercinat�T r4 m -ad w as PEYJVHT= NAME AND ADDRESS Name: Astbur DeDotkinicMs Stress 7 Wea Maio Sheet city Beacon is authmimd to dischup from the facility dcsuibed Wow- )=AC try NAM AMID ADDRESS AtmWom Attbkw DeDcMinicis Stare: NY DeDotnialcis Office BuUm-' L U40A� (C.T.�: wmdwr in CO1m ` Faaititp Address: Route 91Sllut)i OM head City. Wappimger start: NY NYTM - N: zip Coda: 12508 Dutrhns zip Code: NYIU -E: at I.atiuwc 41 ' 33, 50 " Se Lorgiisuk: 73 ' 34 ' 20 " pr= outfall No.: 001 into rzecivist4 watns known= Ta of hMb of Ta of Wappbj r Creek Class: D +n,d; 016t other Outfalls~ S=ehfimC Watnes d: Weer C'lassifieadoas) in u.dance wick *v eMMI Mitttitatiotts. moQlcft M* items= xnd other caladiti W Sat forth in Special Condwo05 (Pffit 1) and (3ene;al Gemditfw (Part I[? of this pt*A t. DISCRARGE MONITORING REPORT (DMR) MAILING ADDR.M )4zMnSNwna: 5uvet: CnY= R.cspwnibIc Official orAPO: Sean: Zip Code: pbona oftbe infiian data sh*vM above and tine p=itrte sha F ibis pestnit olid the aurltorization to disc! shah! rxpire �Igm• �p not &wbarCe aftcrths explranon data tm[esstlds POMtu has been tene wod. or extended pursuant to law. To bs autlecrized t0 disdsarga V.- —,,, i nnr less {bass Ito lova tnior to the expiration dare lbown above. btyoted ti+e exptratioa date, rix percnitzee � apply i =R1H11't't(% Fj ra.iewr�ae�wr. - ' rldawwe Ze 5�yp7aRa.taantlen/ }r�+.Yaly, Pt�.r YwC {lilt Ste¢ D•nc / / . 10/25/2001 12:18 8452261315 DAY OSWALD GILLESPIE PAGE 05 jr 912D (t } SPDESNo.: NY X64385„ Part 1, Page �2of FINAL EI=FLUENT LIMTMTIONSAND MONITORING REQUIREMENTS CRAFT During the period beginning and lasting until the discharges k= the pwTralad fg and menitored by the permittee as spwftcl below. umrTATioNs APPLY: M A!l Year I I Seasonal from Ourlhll Number 081 EFFLUENT LIMITATIONS to [Xj Flow 30 day 3n1=*fir mean [ .I MGD Pq GPD ' g.025 IngA (j oo,6 -Day � tMmetie mean rrand � [ j UODM mo and lbs/day [X] Solids, Suspended Daily 14.0 - I1V and 0,95 lbs/de) [ I SoW- Suspended 7 day mithmotic inean tr%4 and Ibsfday [Xj Efflueadislrftctladrequired. (jAnYear [ ]Seasonatfrom to PSI Cofiiorm, Fecal 30 daygeonretric mean spall not exceed 2001100 ml El Co"Orm Fecal 7 day geometric mean Sha# not exceed 400MOD nil. [X) Chlo e, Total Resldual Daily Ma)dmvm 0.3, -- rrLgl PQ pH Range -9, Q SU rx) Solids, Settleable Dally l�laadrrrurri 4.1 MOT x $mrania - - Da i jX Maximum 1, 5 nVA as. jig: { �r 1X) ammonia _ _ Dai1v Maximum 2.2 ma/1 as Ns, Pq Dissolved QXygen— 11 El Daily Minimum _- 7.0 _Oizi Farameter [xl Flow. [ I W-0 CA GPD pQ CDDD. S -Day, nVA Pq Sor*, Suspended, mgA Pq CoIrfomm Fecal. NoJ100 grim (j Nitmen. TKN (as NJ mO ()c) Am=nla (as NHJ, m9fi Pg. pH, SU (standard unb) [xl solids. Sedlealib. am Fel Chlorine. Total Residual, Mo* ( ) Phasphorur' Totai (as F% Mglt Pq Tempetatum Deg -E_ tl MOIJiTORMG REMUREMEWS Frequency u!A - 2/vear 2LY—ear 2 /Year 2.jXcair I/Month iflonthIzpay - Sample Type satImiltC GrjL_b Grab Grab Graig (arab a b G,�ab -Sample location Influent Effluent X or X x . X I IKont� Dzab X NOTES! "' and eftmt value snap not e=eed__L5_ % and 9 S % of irrffuent values for BODj & TSS respectively_ ultimate Omen Demand shag be Computed as follows: UOD =1 112 x CDODS + 4112 x TKN (Total KCeldahl Nltrogert) o° Mortitocing of these parameters is only required during the'period when disinfection is raquired.. t`r Duna i r October 31 November 1 - May 31 10/25/2001 12:19 8452261315 DAY OSWALD GILLESPIE PAGE 0i; lltklorne+ar.4rpd (Tues) SPDES Permit NO.: NY OZ 64'l It *. Part 1, Page 3� of - .ORSMIARGE-NOTIF[CATiOiV R8 U Effective l}rC`ofl'emvt Q IREMENITS T (a) &cePt as prwided In (c), M and (g) of these Discharge Notification Act mquiremmts. the permittee shag install aN maintain iderttidCaiiOrr signs at all outfalls to surfaaa waters listed in this penal Wdation of any discharge. ch signs shalt be f►stalied before (b) Subsequent mD&kcatians to or renewal of this perm$ does not reset or revise the Ideadgne set lerth pn (a) above. unless a rj*w deadline Is set expk y by greh iron* rno&ficatbn Cr renewal. (c) The Discharge Nobfcation RequErOMM$ described herein do not apply to outfalls fmm which the discharge is composed Exciusivety of siwrtt water, or 1jischarges to ;round water, (d) The sign(s) shA be mss, legrbla and In as dose prc dmly to the: point of tilt is rea3onzbly passible white ensuring the w=dnvjm visibaity fiwn the srxface Water and shote" IThhe s))g s�SW be Installed Irl such a manner to pose minln* hazard lb navigation, bathing or other water related acrMtles. If the public has access to the wager km the bnd In the vkNty of flit oUdsk an Identical sign shad be Posted to be visible from the Bred on approaching the surface umber. The signs shall have mkim m d[rrx=10rss of *lrteen inches by Wmty four Inches (t 8" x 24') and &half have wWtp ' Iett2rs on a green background and contain the fbgawing iniwmdnn: N.Y.S. PERMIT`MD DISCHARGE POINT SPDE3 PERMIT No.: NY -D264385 OMALL No.; DOI For informatiDn about this permitted disaharge coMaot Permittee Name: Permittee Contact; Permtttee Phone, OR: NYSDEC Division of Water Reglonal Office Address; 200 White Plains Road, Floor, Tarrytown, NY IMI NYSDEC DNislon of Water Regional Phone: (914) - 332-1 635, Ext 35.9 (e) Fcr each discharge required to baave a sign In accordance with a). the Permittee shWL concurrent +with the InstalWon of the sign, provide 8 repository of copies of the Discharge Monitoring Reports (DMR&}r as req*eel by tltie R COWNG, REPORTING AND ADDITIONAL MONrfORING RSQUIREMENTS page athfs permit This repository shall be open to the public, at n mWrmm, during normal daytime business hours. The repository may be at the business oto repository of the perrifte or at an off -pretenses location of its !choice (such location shag be tha village, town, city or cowV elerKs ott9ca, the loot $beery or other k=don as approved by the Deparim nl ). In W;oordanee with the RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIRE ENTs page of yaw permit, each DMR shall be nmh-aafned on record for a period of thn years, (ConnL" 10/25/2001 12:18 8452261315 DAY OSWALD GILLESPIE PAGE 07 :lot SPDES Perms No,; 3 Part 1, Page . 4 Of 5 (I) M. upon November 1, 1997. the perrnittee has instaned Vans that irxlude the inforrn0on req 7 of the ECL. but do not meet the sP&edk:aWr)s listed above, thea period of up to fve years~ after which the twee MY oontlrrue to use me P�dsting slgr�s fere signs shad comply with the �or�s rested above. (9) All ragukaments of dw Discharge Notification Act, including public reposfto7 reyukMents, are W2JV2d for arty outfaU mQafrng any of the foikvft circumstances, provided Department notdsation is msda in accordance Wfth (by (f) • such sign would be inconsistent Vft any olhw state or federal statute; (10 the Discharge Notiflcatfon RegWrremems contalno-d herein would require that Ouch sign could only be located ki an area that Is damaged by ice or floo ft due to a one-year t:tomt or storms of less seVelity; 011) tnswu*s in whirl, the outfall to the mcehrtng water is heated on private or government properly which is resMcted to Me Pub%ttt"h fencing, pa&ojrjruJ, or ow coa" tnechanfsrns. Property which is posted only, without additional =00(mechaniisms, does not qualify for flits provision'► Ov) kistances where ftte outfall pipe or channel discliargea to another otttiatl pipe or channel, before discharge to a receiving water or M instances in which the discharge from the outfall is located in ow receWO9 water, two -hundred or mare feet from the shorerm of Um rocelving wzter. (h) If the permftee believes that any outfall WlUch discharges wastewater from the permitted facility meets any of the waiver witeria listed in (g) above. notification (form enclosed) nwst be made to the Department's Bureau of Vywor Permits, CentraI Mice, asuch fact, and, provided there is no ob) oa by the Deparbttent, a sign and DMR reposibxy for the Involved outfall(s) are not required. Tris. Ntdfca Son must incwde the facikty's name- address, telephone number, contact, permEt number, outfall number(s), aid reason why such ovtfalks) Is Waived fru1 the requirements of discharge ri bT4ation. The Department may evaluate the applicabflity Qf a waiver at any time, and take appropriate measures to assure that the ECL and associated regulations are oonwed with. (i) The permitt a shall periodically inspect tate outfall idenirfication signs in order to ensure that they are maintained, are still vL%Ne and contain iniormadon that is current and factuany carred. 10/25/2001 12:18 6452261315 91.20-Zf (11a9) DAY OSWALD GILLESPIE RECORDING, REPORTING AND AL?UMNAL 14ICMTORNt3 REQUIUMMENTS SPDM ND.' NY 0264-3es Part 1, Page S of 5 a) The permittee shall also refer to the General "nd!Wns (Part If) of this pemut for addMonal inarrrw6on concerning Monitoring and reporting regvirir►ter+ts and CondWom. b) Ter_+ MOMICIM9 information required by this permit shad be sturnrrrarkP-d, signed and retained Fora period of threes yeari from the date of the setup% for subsequent knpecWn by the DepaftW or ft designated agent. Also; l 1 (if box is chedo d} molt todrig lit wmaiion required by this Perna shaft besuMMirked and reported by submitting oornpk4ed and signed Discharge Mori todnq Report (DMR) forms for each month repotting period to the locations specffied below. Blank farms arae MVa* et the Des Agmny *nice gno below. The first repwft period begins on the effective date of this permit end the re than the 28th day of the month following the errd of each re Ports win be due no tater porting period. Send the o, rigir (top sheet) of each DMR page to: Departrrvwd of Envlronrriental Conseryatfan Division of VVM w DLXi rt of Watcrahed Corrrpriarux Programs 50 V" Road Albsny. Naw York 12233-3506 Phone: (518) 457.3968 Send the first gggy (second sheet) of each DMR page to: DgxutRmnt Of E ivi"Mental Conservation Regbrial Water Enoruter 200 Blains Road 6th Floor Tarrytown, New York 10591 Phone: (914) 3321838 c) A mosrthly Vftte'arater Faulty operation Report.." (arm 92-15-7) shall be submitted (if Dox is Chadca* to tete Pg Realorral Water l-ngineer andJor () County Health Depa binni ar Er,Vwbnmental Cm*Ol Agonal listed above. d) Noncompliance with the Pro*iens of this permit shall be mpoywd to the DepartrrMt as prescribed in the attached Generaf Corxr&ons (Part ll) e) Monbrir g must be conducted accord -mg to test procedures approved under AFD CFR Part 138, Unless other test pre-aedures have been specl&d in this permit f) If tete pera trm monitors any poPutant more frequently than required by the permit, us V test procedures approved under 40 CFR Part 136 or as specified in this pemA the results of this manly nq " be InGuded In the CBhUffbM and mording of the data on the Discharge Maltttoring Reports. g) Calculation for all Imitations which require averaging of rneasurerriwb "I u4igze an arfihmetic mean unless otherwise specified in this permit. h) UM¢ss otherwise specified, all-k&nnabon recorded on the Discharge Monitadrig Report shall be based upon measuremems and Sampling Carried out during the most recently ownpWW mp"rg period Any laboratory test or sample analysis required by this porn* for which the State Commissioner of Reafth issues certificates of approval pursuant to section five hundred two of the Pub% Health Law shat be conducted by a laboratory which has been issued a Certirrcate of a.pprovai. Inqukies regarding labombry cEnftadon should be sent -� to the Environmental Laboratory A=ed tatlon program, Now York Spate Health Depatrw=x Centar for Lnbwatoriss and Researck Division of Environmental Scitnoes , The Nelson A. Rockefeller Empire Spate Plaza, Albany, New York 19/25/2901 12:18 8452261315 11:z9 1U 914472595 13:51 8454853545U1 omtobem ae Vx%w L awwwmn coay R w 0 s1doa c cAlwa ]mum coffwduAmw 3V WE Sb= NVw Vq%t 17605 040 Parc 040 d&W" Septerrdw 17, 3Qp1 Ridwd I. Cantor, Esq, P.Q. Box t969 Poughkeepsie, NY 12601-090' DAY OSWALD GILLESPIE T&C CANTOR Re: SW Holdcngs, LLC Offce Building, Route -9 1 Tax Map No.: 1"IS6-02737984 Yawn of Wappinger Dear Mr. Cantor, PAGE 09 rVA3& da W uz HopefuUy, this fatter will provide final clafflMdon of this d"rt menes posftn on the above retrenced pr*a The above pnaiect is being proposed with a surface d'mh8tge wastewater treatment systerm The engineering plans forthis system were conceptually reWVWed, twig. with Review I tWm being issued on UMI and 7116101; a copy Of each letter is adaehed. A.Wow of#ese legs should enable wren the technically un#rained to eompohend this departmear, position_ The propose! for a surface discharge wwtmmter teatment syr#em as wttlir d on documents submitted by Michael Gillespie, P.E. is cpnceptua»Yacaceptable: TWO coal aece&nce iS of course based on the premise that a SPDES permit for the discharge Wig be issued by the NYS DEC. If you have any ques *ns, please call me at 486 3404 V truly you F Daniel UConnor, RE Sr. Public Health Engineer Envkcnmertal Health Sarvices Eno. Cc: Pile #33-22138 Wane) bt2PN%Vww.dxa9ft "74ftw WF --:-8 3� I • 'r 414 O~ 00 -zl 253 4 �'"•- -n l '• I "• ® SITE: +r r • ■ O .WFso41 0 • C+ a • • f r■ ■ •,ter • Trailer - 'rie��a'r Park o , 40 • •,—�� Oso 98 — ,' • • • ~ • • • - «k- t f 1 s1 • • • • _%: 1 • °�� • — • Trailer 1 X64 �6al- a f .'11^ • • • 17 • .• • -ilk- �- .. �- '� ' � - BASE MAP SOURCE: STH USGS Wappingers Falls, NY Quadrangle, dated 1956, photo revised 1981 MATTHEW D. RUDIKOFF ASSOCIATES, INC. RIVERSIDE AT BEACON P.O. BOX 271 - 7-11 BEEKMAN STREET BEACON, NEW YORK 12508 TEL (845) 831-1182 • FAX (845) 631-2696 www.rudikoff.com NYSDEC WETLANDS DATE NOVEMBER5,2001 MAP SCALE 1" = 1,000' ATLANTIC MORTGAGE BANKERS, LTD REZONE FILE# RC01190 NYS ROUTE 9 WAPPINGERS FALLS, NY FIGURE 3 . 4L • WF --:-8 3� I • 'r 414 O~ 00 -zl 253 4 �'"•- -n l '• I "• ® SITE: +r r • ■ O .WFso41 0 • C+ a • • f r■ ■ •,ter • Trailer - 'rie��a'r Park o , 40 • •,—�� Oso 98 — ,' • • • ~ • • • - «k- t f 1 s1 • • • • _%: 1 • °�� • — • Trailer 1 X64 �6al- a f .'11^ • • • 17 • .• • -ilk- �- .. �- '� ' � - BASE MAP SOURCE: STH USGS Wappingers Falls, NY Quadrangle, dated 1956, photo revised 1981 MATTHEW D. RUDIKOFF ASSOCIATES, INC. RIVERSIDE AT BEACON P.O. BOX 271 - 7-11 BEEKMAN STREET BEACON, NEW YORK 12508 TEL (845) 831-1182 • FAX (845) 631-2696 www.rudikoff.com NYSDEC WETLANDS DATE NOVEMBER5,2001 MAP SCALE 1" = 1,000' ATLANTIC MORTGAGE BANKERS, LTD REZONE FILE# RC01190 NYS ROUTE 9 WAPPINGERS FALLS, NY FIGURE 3 efi j Azi f WATH. BASE MAP SOURCE: National Wetland Inventory,1990; Base Source. USGS Topographic Map of Wappingers Falls, N.Y., 1.973_ MATTHEW D. RUDIKOFF ASSOCIATES, INC. NWI WETLANDS MAP DATE NOVEMBER 5, 2001 RIVERSIDE AT BEACON SCALE 1" = 1,000' P.0- BOX 271 - 7-11 BEEKMAN STREET ATLANTIC MORTGAGE BEACON, NEW YORK 12508 BANKERS, LTD REZONE FILE # RC01190 TEL (845) 831-1182 • FAX (845) 831-2696 NYS ROUTE 9 www.rudikoff.com WAPPINGERS FALLS, NY FIGURE 4 SITE .r Uf no � a Ff_ •r • t � 4 t Q � �. • Osborne fr Hill �E NORTH BASE MAR SOURCE: Agricultural District Map - Dutchess County MATTHEW D. RUDIKOFF ASSOCIATES, INC. AGRICULTURAL DATE NOVEMBER 5, 2001 RIVERSIDE AT BEACON DISTRICT MAP EXCERPT P.O. BOX 271 - 7-11 BEEKMAN STREET SCALE 1" = 2,000' BEACON., NEW YORK 12508 ATLANTIC MORTGAG E TEL (845) 831-1182 • FAX (845) 831-2696 BANKERS, LTD REZONE FILE # RC01190 www.rudikoff.com NYS ROUTE 9 WAPPINGERS FALLS, NY FIGURE 5 APPENDIX E FLOOD INSURANCE RATE MAP (FIRM) NORTH SITE _ l ZONE C LEET �..- WOOD KRETcN a ` _ _ FAY•:,.,- ZON _ - - .• _ 9 � r Gap _ _ Z_ ONE-B_ BASE MAP SOURCE: Flood Insurance Rate Map, Town of Wappinger, New York, Dutchess County; Panel 10 of 15, Community Panel 361387 0010 A; Effective Date June 15, 1979; U.S. Deptartment of Housing and Urban Development, Federal Insurance Administration, MATTHEW D. RUDIKOFF ASSOCIATES, INC. FIRM _ 100 YEAR DATE NOVEMBER 5, 2001 RIVERSIDE AT BEACON FLOODPLAIN MAP P.O. BOX 271 - 7-11 BEEKMAN STREET SCALE 1" = 800' BEACON, NEWYORK 12508 ATLANTIC MORTGAGE TEL (845) 831-1182 • FAX (845) 831-2696 BANKERS, LTD REZONE FILE# RC01190 www.rudikoff.com NYS ROUTE 9 WAPPINGERS FALLS, NY FIGURE 6 APPENDIX F ZONING OF PROPERTIES FRONTING ON ROUTE 9 MAP ZONING AND LAND USE www.rudikoff.com Matthew D. RudikoffAssociates, Inc. APPENDIX F ZONING AND LAND USE The proposed amendment to the Town of Wappinger Zoning Map which would rezone the subject parcel from R -2F to HB is appropriate based upon an analysis of neighboring land uses and is fiuther supported by the Town of Wappinger Comprehensive Plan and is consistent with the existing land -use patterns discussed in DIRECTIONS: The Plan for Dutchess County. DIRECTIONS discusses the prevailing land use patterns along Route 9 in southern Wappinger as being primarily retail and commercial development. The Land Use Map contained in the Town of Wappinger Comprehensive Plan dated August, 1988 identifies the subject parcel as commercial with nearby office and high density residential uses. Under R -2F, the subject parcel could contain one (1) - two (2) family homes with ingress and egress off of Rt. 9 which would generate a higher water use and wastewater generation rates then the office building which would be developed under the proposed rezoning scenario. Most significantly, one (1) stand alone 2 family houses with ingress and egress on Route 9 is not an economically viable residential location. This conclusion is based upon the extraordinary high cost of providing the septic system and maintaining it and the location's impact on finished real estate value in the subject's location. The rezoning of the subject parcel will have no negative land use or zoning impacts on the character of the surrounding neighborhood which is firmly established as Highway Business. Based upon a report dated January 23, 2001 prepared by R.R. Cautela Realty, Inc., there are approximately 30,524 linear feet of frontage on Route 9 in the Town of Wappinger. Only 835 linear feet of that Route 9 frontage is zoned residential. This figure excludes the large R-80 parcel on the west side of Route 9 containing State regulated wetland WF -11 and trailer parks which are considered by the Building Department to be a commercial use. The Cautela Report further states that the Route 9 corridor in the Town contains 13 residential structures. These are four (4) - one (1) or two (2) family homes and four (4) other residential . buildings containing a total of nine (9) residential units. The units generally appeared to be in fair to poor physical condition. It is evident that the residential uses along Route 9 frontage are vestiges of former land use patterns and exist as isolated islands of residential use amidst an extensive and intensive commercial development pattern. Cautela's analysis of building permit activity from 1994 supports these conclusions in that nine (9) permits were issued to demolish residential structures to allow for commercial development, one (1) permit authorized the conversion of a residential structure to a commercial use , and no permits were issued for the new development of residential structures. Atlantic Mortgage Bankers, La Rezoning /EAF/Zoning & Land Use /Appendix F/RC01190 /November S, 2001 Pagel www rudikoffcom Matthew D. RudikoffAssociates, Ina The uses to which the subject parcel could be put as currently zoned are not feasible due to the parcel's size and undeveloped status or the unavailability of water and sewer services. These alternate as of right or special permit uses for the R -2F zone include uses such as: family day care homes (not feasible because of parcel size and wastewater generation rates); conversion to multi- family uses (N/A due to land being vacant); DRD or mobile home developments (parcel too small); places of worship (too small); private schools. (too small), etc. The impact of the proposed use will be further evaluated by the ZBA when they consider the area variance issue and the Planning Board on site development issues. The rezoning of the subject parcel will have no negative land use or zoning impacts generically on other parcels in the Town of Wappinger. As a "Zoning Map" amendment as opposed to a "Zoning Text" amendment the action effects only this parcel and not any other parcels. Other parcels may petition for rezoning, a right which is uniformly available to any property owner, however, consideration and granting of this rezoning will not make other potential zoning requests more approvable as a result of the proposed action. Further, regarding future possible development, the full impact of the rezoning can be evaluated in light of the applicant's agreement to forever limit office development on the site to 6,000 square feet. Atlantic Mortgage Bankers, Ltd Rezoning/EAF/Zoning & Land Use /Appendix F/RC01190 /November 5, 2001 Page 1 T Urian land_- Areas covered by buildings, streets, parking surfaces, .and .-othet. impervious surfaces which obscure soil identification. DuB Dutchess silt loam; 3 to 8 percent slopes -- Very deep, gently sloping, well drained loamy soils formed in till. Permeability is moderate. THIS SOIL IS PRIME FARMLAND;: DuC Dutchess silt loam, 8 to 13- percent- slopes - Very deep, Sloping, .well drained loamy soils formed in till. Permeability is moderate. DuD. Dutchess silt loam, 15 to 25 msteep, Percent slopes - Very deep; moderately - Y p, well drained loamy soi-is formed in, till. Permeability is moderate. r DwB Dutchess-Cardigan complex, -undulating, rocky U to 6 p.ercgnt j slopes) = This- complex is about 40 percent Duchess soils, 30 percent Cardigan soils, and 30 percent other soils and rock outcrop. Folded shale rock outcrop covers 0.1 to 2 percent of the -surface. Dutchess soils, - Ver dee Y- p, well drained Loamy soils " formed in till. Permeability is moderate. Cardigan soils -- Moderately deep C20 to 40 inches) , well drained loamy soils formed in till underlain by folded shale bedrock. Permeability is moderate. DwC Dutchess coplex, rollingroc _ This comple� is about q.p � rocky (5 to 15 percent slopes] - percent Dutchess soils, 3.0 percent Cardigan soils, and 30 percent other soils and rockoutcrop. Folded shale rock outcrop covers 0.1 to 2 percent of the surface. Dutchess soils - Very de'ep, well drained loamy sods formed in till. Permeability is moderate. Cardigan soils - Moderately deep (20 to 40 inches), well drained loamy soils formed in till underlain -by folded shale 'bedrock. Permeability is moderate. r DwD Dutchess Cardigan complex-, hilly, rocky (15 to 30 percent 1 slopes) - This complex. is about 40 percent Dutchess soils, 30 percent Cardigan soils, and 30 percent other- soils and rack outcrop. Folded shale rock outcrop the surface. covers 0.1 to 2 percent of r' Dutchess-soils - Very deep, well drained loamy soils formed in till. Permeability is moderate_ - 1 MA ARTHUR DEDONMCIS BUII.DING SITE - TOWN 4F wArpiNGEE, NY FEBRUARY 28, 2000 Factor of three against nearing capacity failure, and consideration has been made for any adverse influences that may be caused by fluctuations of the water table. 5. Foundation Backfill Backfill for foundation walls and footings should be placed in lifts of a thickness appropriate for the compaction equipment used, but not greater than one'foot in thickness. Backfill should be compacted to at least 90% of the maximum dry density as determined by the Modified Proctor Method, ASTM D1557. 6. Footing Drains and Slab Subbase Installation of a foundation drainage system (footing drains) and of a granular subbase course and vapor barrier for the floor slab will be required A layer of Y4 -inch crushed stone at least four inches thick should be provided beneath the floor slab. ADDITIONAL CONSIDERATIONS 1. Archaeological Information Prior to the start of the project, Mr. DeDominicis reported that the project is listed as being in an area that potentially contains Native American artifacts. This was kept in mind during the soil boring work, but no evidence of theseitems was noted. Samples obtained by the soil borings from the natural sons did not contain any flint chips, charcoal, or other potential evidence of Native American habitation. Furthermore, inspection of the site indicated that (1) approximately 2/3 of the site is covered by deep fill, and (2) the site was originally a wet, swampy area; while past activity may have involved passage through the site, it is highly unlikely that it was ever inhabited on either a permanent or an occasional basis. 2. Wetlands A small wetland area is present along the rear of the site. Preliminary examination indicates that the wetland area is too small to be regulated by New York State, and that the anticipated disturbance will not be sufficient to be federally regulated. Potential wetland disturbance should be reviewed with the involved regulatory officials. Iq MR. ARTHUR DEDORMCIS F BUILDING SITE • TOWN OF WAPPINGER, NY FEBRUARY 2$, 2000 Please see the attached soil boring logs for additional information. Soil conditions encountered during construction should be compared to the soil boring logs and this report; any significant variations -.from anticipated conditions must be evaluated for their effect on the foundation design While soil borings, which were a key part of this evaluation, are an important niation in naturally complex soil deposits. �t By: "ARTHUfl; DEDUMINICZ, CVA; N U 914 831 5151; 11ENaM Usm 1351 PNCE 700 LOCATIONS OF SOIL BMMGS B1 through B5 February 22, 2000 Building Site — Town of Wappinger Prepared by Kevin L. Patton, P -E. 'Yy _ FtiFUS[ EJiCLlJ6S7 'A PPRaX. Li MIT DF LF—vF— L RQE.'� - f 1 f __ c M 7[f t1 / U F -- it i n [ -j U 914 831 5151; 11ENaM Usm 1351 PNCE 700 LOCATIONS OF SOIL BMMGS B1 through B5 February 22, 2000 Building Site — Town of Wappinger Prepared by Kevin L. Patton, P -E. 'Yy _ FtiFUS[ EJiCLlJ6S7 'A PPRaX. Li MIT DF LF—vF— L RQE.'� - f 1 f __ DENT: I Advarxx restin Com an , Inc_ FOREMANIDRILLER Erik DelPriore -t General Borings; Inc. P_ O. BOX 7135 PROSPECT, CT 06712 PROJECT NAME: Proposed Hampton Inn SHEEP 1 pF 1 SOIL ENGINEER INSPECTOR: Kevin Patton LOCATION: Falls, NY DESIGN ENGINEER Sdrface Eievafion: —Wappinger GBI JOB NO. 16-00 Date Started: 222100 TYPE I S Auger Casing Sampler Core Bar H Auger HA S.S. Hole No. B_1 Date Frnishect 2.122100 Line & Station Groundwater Observations Sire 1. D_ 3-114" 1318' Offset L R AT 10-100 AFTER 0.0 HRS AT AFTER HRS Hammer 140 LBS_ Bit N Coordinate Fap 30 E. Coordinate D SAMPLE E Casing P blows DEPTH T per IN FEET No. H foot FROM - TO PEN. REC. IN IN BLOWS PER 6 INCHES ON TYPE SAMPLER 0-6 6-12 1210 1824; STRATA CHANGE DEPTH, ELEV. FIELD IDENTIFICATION OF SOIL, REMARKS (INCL. COLOR, LOSS OF WASH WATER, ETC.) � a IIIIIlIl11� � 11.1i1i1i1i1i1i1 1) Hard -Gray SILT and fine SAND, some fine -coarse gravel - 2) Loose -Same, some black -brown organic silt 2-0-4.0 1 24 1 4 SS 62 30 23 25 5 5•n-7-0 2 24 12 SS 9 4 4 7 - -f 1 15 1 20 1 25 30 35 UMMIIIIIII©MMNUM � a IIIIIlIl11� � 11.1i1i1i1i1i1i1 SO 3) Hard -Gray SILT and fine SAND and fine -coarse GRAVEL, tifl 16.0' 4) Hard -Gray SHALE. EOS Auger refused at 16.0' _ END OF BORING 16.0' From Ground Surface to poet Used in. CaskV Thea In. Casing For Feet Feet In Earth 16. Feet in Rock 0 No- of Samples 4 Hole No. 8'1 _ _ . iu 15 20 25 30 10.0-12.0 3 24 14 SS 12 10 135 1 S2 . 11.5 3 Same Gray fractured SHALE. 37 4) Same 17.5' Auger refused at 17.5 EOB END OF BORING 17.5' 40 From Grow d Surface to Fest Used i2 Car*V'rhen in. Casing For Feet Feet In Earth 17.5 Feet In Rack 0 No. of Samples 4 Hole No- SKEET 1 OF 1 .LENT: Genera{ Borings, Inc. Advance Testing Company,Inc. P. 0. BOX 7135 PROSPECT, CT 06712 FOREMANIDRILLER: SOIL ENGINEER PROJECT NAME Proposed Ham ton Inn Fit DelPriore INSPECTOR: Kevin Patton LOCATION: Wa in er Falls NY DESIGN ENGINEER Surface Elevation: GBI JOB NO. 16-00 Date Started: 2122!00 TYPE S Auger Casing Sampler Core H Auger HA S.S. Bar Hole No. B-2 Date Finished: 2%22100 Line & Stadon GrawArater Observations Size L D. 3-114" 1 18' Offset L R AT 9.50 AFTER 0.0 HRS Hammer 140 M. Bit IE N Coordinate AT AFTER HRS Fal[ 30 Coordinate D SAMPLE BLOWS E Casing PER 6 INCHES STRATA FIELD IDENTIFICATION OF SOIL, P blows DEPTH PEN.. REC. ON CHANGE: REMARKS {INCL. COLOR, LOSS T per IN FEET NO. IN IN TYPE SAMPLER DEPTH, OF WASH WATER, ETC.) H foot I FROM -TO 06 6-12 112 18 18 24 ELEV. 3.0-5.0 1 24 14 SS 23 15 32 35 4.5' 1) Dense -Brown -gray fine -medium 5 SAND and SLIT, some fine coarse 5.0-7.0 2 24 12 SS 16 6 7- 52 6.0' gravel. -ill- B_lack-brown organic SILT. 2) Gray fine SAND and SILT and fine - coarse GRAVEL, till_ iu 15 20 25 30 10.0-12.0 3 24 14 SS 12 10 135 1 S2 . 11.5 3 Same Gray fractured SHALE. 37 4) Same 17.5' Auger refused at 17.5 EOB END OF BORING 17.5' 40 From Grow d Surface to Fest Used i2 Car*V'rhen in. Casing For Feet Feet In Earth 17.5 Feet In Rack 0 No. of Samples 4 Hole No- 4P SHEET 1 OF 1 'UENT: General Borings, Inc. v Advance Testis Company, Inc. P. O. BOX 7135 PROSPECT, CT 06712 FOREMAN/DRILLER: SOIL ENGINEER Erik DelPriore PROJECT NAME Proposed Hampton Inn INSPECTOR: Kevin Patton LOCATION: Wappinger Falls, NY DESIGN ENGINEER Sudace Elevatiom GBI JOB NO. 16-00 Date Started: 22000 TYPE S Auger Casing Sampler Core Sar Hole No. g_5 Date Finished: 2122/0 . H A i er HA S _ S. Use & Stafion Groundwater observations Size 1. D. 3-114 31s' Offset L R AT 6.00 AFTER 0.0 HRS lHammer 140 LBS. Bit N Coordinate AT AFTER HRS I Fall 30 E. Coordinate .. foot DEPTHIN FEET FROM io r - - IMIMMIM 11101111113111 011111111111110 � 25 1 STRATA FIELD IDENTIFICATION OF SOIL, ,CHANGE: .REMARKS {INCL. COLOR, LOSS DEPTH, OF WASH WATER, ETC.) ELEV. 1) Very sti-Brown4an SILT and fine SAND, trace medium sand, trace day, fine -coarse gravel. few cobbles 2) Stitt -Gray SILT and fine SAND, trace fine -medium gravel. s_a Hard -Gray fractured SHALE. SHALE - END OF BORING 30d' I 1 11 11 11 1 1 1 r I* • , 40 From Ground Surface to .Fed Used �,. Cas&iy Then in_ Casing For �� FecE in Earth 155 Feet in ftodc D No, of Samples 4 Hole No. 8-5