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Fieldstone Conservation Park DistrictApril 12, 1.9814 Deed Description Conservation District All that parcel of land situate in the mown of Wappinger, County of Dutchess, and State of New York, bounded and described as follows: Beginning at a point on the Northerly line of Fieldstone Boulevard, said point being the most Southerly corner of Lou #67 as shown on a filed map entitled Fieldstone Farm, on file in the Dutchess County Clerk's Office as map number 6504, thence running through lands of the Conservation District, and through the South- easterly portion of Lots #67 and #68 the following two courses along a new division line, North 48-34-00 East 50.06 feet and North 25-30-15 East 59.82 feet to the most Northerly corner of 'the herein described parcel, thence continuing along a new division line and along the Westerly line of Lot #69 and to and passing through lands.of the Conservation District, South 31-00-00 East 86.62 feet to a point on the Westerly line of Lot #71, thence passing through Lots x;=71 and #72 and along a new division line, South 28-58-00 West 39.35 feet to a point in rhe Westerly line of Lot #72, thence along the Westerly line of Lot #72, South 01-00-00 West 100.37 feet to a point on the Northerly line of Fieldstone Rlvd:, thence the following three courses along . the Northerly line of Fieldstone Blvd,., 16.25 feet on a curve to the right. having a zadius of 125.00 feet,. 39.37 feet on a curve ro the right having a radius of 30.514 feet and 106.44 feet on a curve to, the. left having a radius of 170.00 feet to the point of beginning. Containing 11,052 square feet of land more or less: Subject to the rights of Public Utilities andt'or Easements of record, if any. BARGER, CAMPBELL, GRAY & RAILING ENGINEERS & SURVEYORS, P.C. ' 115 NEW RACKENSACK RD. WAPPINGERS FALLS, NY 12590 RICHARD G. BARGER. P.E. & L.S. - - TELEPHONE ROSERT L. CAMPBELL. L.S. 297-9435 R06ERT" J. GRAY. P.E. _ 297-4775 JOHN E- RAILING, P.E. 297-5775 April 12, 1.9814 Deed Description Conservation District All that parcel of land situate in the mown of Wappinger, County of Dutchess, and State of New York, bounded and described as follows: Beginning at a point on the Northerly line of Fieldstone Boulevard, said point being the most Southerly corner of Lou #67 as shown on a filed map entitled Fieldstone Farm, on file in the Dutchess County Clerk's Office as map number 6504, thence running through lands of the Conservation District, and through the South- easterly portion of Lots #67 and #68 the following two courses along a new division line, North 48-34-00 East 50.06 feet and North 25-30-15 East 59.82 feet to the most Northerly corner of 'the herein described parcel, thence continuing along a new division line and along the Westerly line of Lot #69 and to and passing through lands.of the Conservation District, South 31-00-00 East 86.62 feet to a point on the Westerly line of Lot #71, thence passing through Lots x;=71 and #72 and along a new division line, South 28-58-00 West 39.35 feet to a point in rhe Westerly line of Lot #72, thence along the Westerly line of Lot #72, South 01-00-00 West 100.37 feet to a point on the Northerly line of Fieldstone Rlvd:, thence the following three courses along . the Northerly line of Fieldstone Blvd,., 16.25 feet on a curve to the right. having a zadius of 125.00 feet,. 39.37 feet on a curve ro the right having a radius of 30.514 feet and 106.44 feet on a curve to, the. left having a radius of 170.00 feet to the point of beginning. Containing 11,052 square feet of land more or less: Subject to the rights of Public Utilities andt'or Easements of record, if any. April. 5, 15$4 Mr. Victor Fanuele, Chairman: : Torn of wappinger Planning Board Mill Street Wappingers Falls, N.Y. 12591 Re-, Fie l tone Farms ,lot realignments Sear Mr. Fanue le in response to your memo of March 23, 1954 re the above captioned matter, the Attorney has advised the Town Board that this action comes under their jurisdiction. Any change in the lot realignment will affect the rues and bounds description of the Conservation Parr District and will necessitate a public hearing. A meting will be held with the developer, his engineer and the Engineer to the Town to discuss these changes prior to Town Beard consideration of these changes. Yours very truly„ Elaine H. Snowden Town Clerk gr PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 March 25th, 1.953 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, NY 12590 RE: Klein - Eck Property - Proposed Conservation Subdivision of property located off old Hopewell Road. Dear Board Members: In reviewing the sketch plan on the above -captioned subdivision, the Planning Board would like to take this opportunity to advise you that they feel that there should be a connection to one of the existing roads, either Orchard Drive or Ardmore Drive. The Planning Board had been advised that you had indicated that you did not want to see such a road connection made to the proposed conservation subdivision. It would be appreciated if you would advise the Board as to your thoughts on this matter. Thank you for your consideration. Respectfully yours, (Mrs.) 7Bty-Ann Russ, Secretary Town o Wappinger Planning Board br CC: Richard G. Barger, P.E. & L.S. James A. Klein, Applicant Dutchess Co. Dept. of Public Wor s Kenneth T. Croshier, Highway Stz erintendent Rudolph E. Lapar, Engineer to he Town Elaine H. Snowden, Town Clerk WHEREAS, a formal application for the approval of a subdivision plat entitled "Section One of the Fieldstone Farm" was submitted by James Klein, the Applicant, to the Town. of Wappinger Planning Board. ith a request, dated , for authority to design a cluster development pursuant to Section 281 of the Town Law and Section 411.92 (Conservation Subdivision) of the Town Zoning Ordinance, and WHEREAS, the Town Board by Resolution dated granted approval to design said subdivision as a cluster development proposal subject to further review by the Town Board, and WHEREAS, the Planning Board has reviewed said proposal pursuant to the Town of Wappinger Subdivision Regulations and Zoning Ordinance, now be it RESOLVED that the application of James Klein for approval of Section One of Fieldstone Farm prepared by Richard Barger, P.E., and dated be approved subject to the following conditions, and be it further RESOLVED that the Chairman of the Town of Wappinger Planning Board be authorized to endorse approval of said Subdivision Plat upon compliance by the Applicant with such conditions as noted below, and be it further RESOLVED that such conditional approval shall expire one hundred and eighty (180) days from the date of this Resolution if the Applicant has not complied with such conditions. 1 . Ownership: A. The owner of the development, currently JaT-T►es. Klein and/or whomever else may hold tittle to the subject properties, crow or in the future; shall be subject to the conditions unposed by the Town of Wappinger Planning Board on August 17, 1981,.in granting final approval. .2. Dwellings: A. The development shall be. constructed entirely of single-family dwellings in separate ownership, on a conventional basis. one. B. Each.dwelling unit shall have its own separate entrance. C. No unit shall be constructed underneath or over another 3. Roads: A. Roads shall be built to the standards set forth in the Town of Wappinger Highwy Specifications in force at the time of dedication, unless said roads were substantially completed under specifications which were revised less than one year prior to dedication and all construction shall be subject to the approval of the Town of Wappinger Highway Superintendent. 4. Monuments Permanent concrete monuments shall be set as indicated on the Plat approved by the Engineer to the Town and the Town Highway Superintendent. 5. Utilities: A. Central water supply and sewage facilities shall be installed as required by the Dutchess County Department of Health. B. Storm water runoff shall be conveyed by pipe into the natural drainage system as set forth in the approved plat and. drainage plan with installations subject to approval of the Engineer to the Town and the Highway Superintendent. C. Surface water shall not be directed upon the property of others unless as easement for this purpose has been obtained from the affected property owner and duly recorded. D. Open channels shallnotbe used to handle storm drainage except where permission is granted in writing by the Town of Wappinger Highway Superintendent. E. All services shall be provided underground; the Developer shall provide assurances in writing that telephone, cable television and electric service shall be provided by the utility companies. Underground utilities 'placed in the street right--of-way shall be placed between the paved roadway and street line to simplify location and repair of the lines. F. The applicant shall intall underground service connections to the property line of each lot before the final coat of pavement goes on. G. The approval of this subdivision shall not be construed as imposing upon the Town of Wappinger an affirmative duty to provide greater water or sewage plant capacity or sewage disposal facilities than presently exists at the time of this resolution, and such existing water facilities and sewage plants shall be deemed to be equally assessable to all landowners within the improvement district served by said plant or such facil.i.ties, and any existing capacity of said plant or such facilities for additional water and sewer hook-ups shall not be deemed to be reserved exclusively to the applicant but shall be available to all those who qualify for the same. 6. Improvements: A. Streets shall be graded and improved with pavement, street signs, sidewalks, street lighting standards, curbs or gutters, street trees, water mains; sanitary sewers, storm drains and fire hydrants, except where the Planning Board has waived, subject to appropriate conditions, the provisions for such improvements considered not requisite in the interest of the public.health, safety and general welfare. Such improvements shall be constructed in accordance with the highway specifications of the Town and if not, to such standards as defined by the Town Highway Superintendent or the Town Engineer of the Town of Wappinger. B. All required improvements shall be made by the Applicant without reimbursement by the Town or any District therein. C. All improvements dedicated to the Town shall be guaranteed by the Applicant for a period of one year after the date of completion and acceptance in the manner prescribed by the 'Town Highway Specifications... D. Installation: of improvements intended to be accepted and dedicated to the Town shall be subject to inspection by the Town and approval by the Town - 7. Open Space: A. All open space to be dedicated to the Town of Wappnger within the development shall be deeded and conveyed to and owned and maintained by the town through a special district (park district) to be created pursuant to Article 12 & 12-A of the Town Law for the benefit of the residents of the district. The applicant prior to signing of the plat shall petition the.Town. Board for the creation of said district.. Said district . shall encompass all the lands set forth on the plat. B. Lands designated as Open Space on the Plat shall be left in a natural state with any disturbance at any time. C. Open Space lands shall be kept open and forever wild and shall be kept free and clean of debris, junk or other obnoxious Material. 8. Fees and Bonds: A. Fees for inspection of water, sewer and storm water drainage lines, as well as downstream drainage, as required by the ' Town and in accordance with a resolution of the Town Planning Board of the Town of Wappinger, shall be deposited with the Town before the Planning Board shall sign the final plat. B. Prior to the issuance of any building permits and the commencement of any construction, a bond of sufficient amount to insure construction of roadways, drainage facilities and other improvements required to service the dwelling units for which building permits are sought in a fora and surety approved by the Attorney to the Town shall be approved and accepted by the Town. The amount of said bond shall be determined by the Highway Superintendent and the Engineer to the Town. The bond shall be conditioned upon satisfactory compliance of covered improvements within two years of the filing of the Bond. The Bond shall be filed at least thirty days prior to the commencement of any construction. 9. Compliance: A.. The Applicant shall comply with all other Town, County, State and Federal rules and regulations pertaining to the development of the Subdivision Plat and construction of housing as well as support facilities. 14. Planning .Board Conditions: A. The conditions set forth in the resolution of the Planning Board sha11 be shall be incorporated by reference herein as if herein fully. set forth. B. Those conditions set forth in this resolution and those incorporated by ,reference shall be deemed to be complementary unless inconsistent, in whch instance the conditions imposed by this resolution shall be given priority. 11. Restrictive Covenants.: A. Prior to signing of the subdivison plat, the applicant shall submit.to the attorney to the Town such restrictive covenants it deems necessary to.promote and protect the standards and objectives of this resolution. B. All restrictive covenants affecting the open space shall be enforcible by the Town or its designated agent. December 154 1982 Pring Board Town of Wappinger Wappingers Falls, N.Y. 12594 Rot xle n/Eck Property Section 281, Town Law Dear Boar. members; At the regular meeting of the Town Board of the. Town of Wappinger held December 13* 1982* a request was received from. James Klein for permission to proceed with the Eck Subdivision application as a Cluster Developownt pursuant to section 2al of TmM Law: The following resolution was moved by Councilman Mobnson, seconded by Mr. xaCluskey and unanimously carried: Resolved, that the down, Board grant permission to the applicant to proceed under Section 281 of Town Law and authorize the Planning Board to proceed with the Eck Subdivision application as a Cluster Development pursuant to Section 2S1 of TOwn Law and section 411.92 (Conservation Subdivision) of the Town of Wappinger Zoning ordinance with provision for inclusion of a Conservatioxi Park District, and Be it rurther soived,, that application back to the Town Board after it had received preliminary approval. of the Planning Board. gr the Planning card refer the for their review and conunents approval.,, but prior to final Fours trulyA. Blaine H Snowden Toon Clerk march 4, 1952 Mr. William Steinhaua, Dutchess county Clerk 22 Market Street Poughkeepsie, New York 1-2601 Dear Mr. Steinhaus: Enclosed please find resolution in the matter of the establishment of Field. Stone conservation Park District in the Town of wappinger for recording and return to this office. A ch#ck is enclosed in the amount of $16.00 to cover the cast of this service. Thank you. Yours very truly* Elaine H. Snowden Town Clerk gr enc l . g .s At a meeting of the Town Board of the Town of Wappinger held at the Town Hall in the Village of Wappingers Falls, Dutchess County, New York, on the 8th dalr of February , 1982. .Present: Supervisor Louis D. Diehl Councilman Nicholas Johnson Councilman Gerard McCluskey Councilwoman Bernice R. Mills Councilman Frank Versace Absent: NONE IN THE MATTER OF THE ESTABLISHMENT OF FIELD STONE CONSERVATION PARK DISTRICT IN THE T(74N OF WAPPINGER DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 OF THE TOWN LAW. WHEREAS, a petition dated September 11, 1981 has been duly presented to the Town Board of the Town of Wappinger, with the necessary map and plan attached thereto according to law, request- ing that a Conservation Park District, as hereinafter described,- be established in the Town of Wappinger, and WHEREAS, James A. Klein has petitioned the Town Board of the Town of Wappinger, as a condition of subdivision approval for Field Stone Farms for =the creation of a Conservation Park District,. and WHEREAS; said Town Board duly adopted on December 14, 1981 a resolution reciting in general terms the filing of said petition, the Boundaries of said District, that no Improvements are proposed to be made, and no Public Funds will be expended, and specifying that said Town Board shall meet at the Town Hall, Mill Street, in . the Village of Wappingers Falls, New York on the 6th day of January, 1962 at 6:45 P.M. to consider said petition and hear all persons interested in the subject thereof, concerning the same, and WHEREAS, copies of said resolution were duly published and posted according to law, and said Town Board.did, at the time and place specified in said resolution, duly meet and consider the matter of the establishment of said Conservation Park District, and hear all. persons interested in the subject thereof, and WHEREAS, the evidence offered at such time and place requires that the Town Board'make the determinations hereinafter made; Now, upon the mction of Councilman Johnson , Seconded by Councilmain McCluskey and unanimously passed: 1 t it i5 f NOW, THEREFORE, RESOLVED, by the Town Board of the Town of Wappinger, to the County of Dutchess, New York,-.that it be and j hereby is determined as follows: i 1. The aforesaid petition is signed and acknowledged i as provided by law and is otherwise sufficient. 2. That all of the property and property-owners within the proposed Conservation Park District are bene- fitted thereby. 3. That all of the property and propertyownersbene- fitted are included within the proposed Conservation Park District. 4. That it is in the public interest to establish the proposed Conservation Park District as hereinafter described. f and be it q FURTHER RESOLVED, that the Town Board does hereby approve the t { establishment of a Conservation Park District as hereinafter descriTMed, to be known as the "Field Stone Conservation Park District", and shall be bounded and described as follows: 6€ All that tract of land in the Town of Wappinger-Bounded. and described in Schedule "A", attached hereto and made part hereof. and be it FURTHER RESOLVED, that no funds be expended for improvements, said District to remain in its natural state, and be it FURTHER RESOLVED, that the applicant James A. Klein, as owner yof all lands within the District assume any costs associated with i the formation of said District, and be it FURTHER RESOLVED and determined that this resolution shall take effect upon the adoption of final subdivision approval by the E3 Town of Wappinger Planning Board and execution of the Plat by .i 1 signature of the Planning Board Chairman, and as provided by Town i �� ✓ (/K-�� f .��-GL_ Z/vL. � tl-L�'-.2 ��?-e��f4GC% �i i{ i - �___ Deed -description _ - ..���: __�.... ,r- - ---� Description' of a certain parcel of 'land situate in, the Town • of Wappinger, County of Dutchess - and the State of New York. _ Beginning at-a point on the Southeasterly line of S :Road, said point being the intersection of the Southeasterlypook Hi11 e of Said Spook Hill Road with the Northerly line of Parcel B as shown-Anna certain map entitled JOSEPH E. LUDEirO and ANNE L. in County clerk's Office "as. map no, 5755 and running athence �along in tth the. - South- easterly line of said Spook Hill Road, the following: North 22--12-10 uth- .East 60.94 feet to a point; thence North 15-3I-30 East 186.81 feet to a Point thence North 4-45-50 East 82.92 _feet to a point7:1; thence Lea Cr said line and running over and through lands of James Klein, the grantor herein,-the following: on a curve convex- to the Northwest having a--radius- of 77.837 feet and a length Northeasterly_ 70.96. feet to-a point; thence North 57-00-•00 East 106.42 feet to a point; thence. on a curve convex --to--the North having a radius. of 200.00 feet .and a length Easterly_ 82.90 -feet .-to a point; thence North- 80-45-00 East 115.00 -feet to a. point; _thence South t. 5-44-45 East 125.00 feet to a Point; thence North...-77--2Q-2&-East 70.0(N feet to a point; thence North 61-41--53 -East` 70.00 feet toa point; thence-North 57-00-00 East 291.90 feet to a point; thence South 67-00-00 East 101.45 feet to a =- Point; thence South 79-45-36 -gast 136.00 feet to a point; thenceNorth. y 78•-49-36 East '125.00. feet.. to a point; ,thence North 1.9-50-06 West 135.05 feet to a point;. -thence on a curve convex to--the South-east having a radius of 280.00 feet and a length Northeasterly 111.58 feet to a point; thence-North 47--20-00 mast 199.915 feet to a point; thence South 57-2-40 East 1.28,74 feet to a point; thence North 73-30-00 East 78.$0 feet to `point; thence North 59-00-00 East 152.58 feet to a point; thence North 30-0000 East- 1.52.58 feet to a point; thence North 1-00-00 East 152.58 feet-- to -a point; thence South 76 30-00 Kest 129.71 feet to a point-thence on a curve convex to the Northeast a _ h vin a g rad iu of .1?5,00 feet alength - nd a Northwester 1 Y fe t a f _feet 0 point; thence N .. . P , orth 59.0 - E 0 00 a - North 31-00-�a4 .West -100.00 feet to aSt 331.17 feet to a point, thence - - - point; thence North 47-00.00 West 154.84 feet to A. paint-; thence North 79-00-00 gest 154.84 feet t�-a point; thence South 69--00--00 Nest 154.84 feet to a point; thence South 39-00-00 west 198.85 feet to -a point; thence South 73-00--00 ­West 100.00 feet to a point; thence South 7-34-00 East 117.48 feet to a point; thence on a curve convex to the South having a radius of 250.00 feet and a length Westerly 162.72 feet to a point; thence North 45-51-50 East 114.02 feet to a point; thence North 38-00-00 Fest 90,00 feet to a point; thence South 58-08-10 Nest 11.5.93 feet to a Point; thence North 31--51-50 West 36.42 feet to a point on the South easterly Line of lands of now or formerly Lake iniad Realty CO., Liber 1464 page 245; thence along; the Southeasterly line of Lands of now or formerly. said Lake Onial Realty Ccs. , along the remains of a stone wall, the following; North 58--08-10 East 18.44 feet to a point; thneee _ North 57- 07.10 East 363.77 feet to a point; thence North 56-X34-50. P East 219.16 feet to a point; thence North 52--49-20.East 285.72 feet to 'a point; thence North 51-20-100 East 277.47 feet to a point; thence North 53-34-10 East 180.55 feet to a point; thence North 52-12-50 East 208.38 feet to a point; thence leaving said line and running along the Westerlyline of lands of now or formerly Tyler,. along the Westerly line of lands of now or formerly Routh, along the Westerly line of lands of or formerly Sherow, along the West - . line of lands of now or formerly West, along the Westerly line McM Z ams along the Westerly. lune of l i of lands of now or formerlyc i � s Westerly � - ..-lands of now or formerly Chia►renzell, along the We s y l ine of lands of now or formerly Burhaus, along the Westerly line of lands of now or foxmerly Schiesel and along the Westerly line of lands of now or formerly I.F.C. Collateral Copr:, Liber 1484 page 180, along the remains of a stone wall and wire fence, the following: -South 17-52--40 East 1167.82 feet to a point; thence South 19-44-57 East 184.3 t 2 -fee to a point; thence South 16-57-33 East 200.05 feet to a point; thence. :South 19-59-54 East 354.88 feet to a point•, thence leaving said line and running -along the Northwesterly line of lands of now or formerly aforesaid Y.F.C. Collateral Corp.; along the remains of -a stone wall and wire fence, the following: South 61--29-25 West 760.47 .feet -to a point; thence South 63-48-12 West 205.93 feet to a.point; thence ' - South 63-12-32 West 991.21 feet to a point; thence South 64--14-26 West 69.13 .fee -t to- a point; thence North 79 -33• -OU West 29.98 feet _ to.a point; thence North 78-49-30 West 252,.89 feet to a point; thence North 79-04-50 West _,?14,61. feet- to a point; thence leaving. said Line and running.- along- Parcel_ C and along Parcel B as shown on aforesaid map no. 5755, --the -fallowing: North 15-13-10 East 324.51 feet to a point; thence South 84--43-20 East 410.04 feet to a point; thence _ North 19-13-00 East 627.49 feet to a point; thence North. 67-00--00 West 310.00 feet to a point; "thence South 55-00--00 lYest 940.00 feet to the point o --beginning -containing 61.612 acres of land be_ the same more or PARCEL 2 (6.512 acres] = 1 Beginning at a point on- the 'Easterly line ofJ Spook Hill Road, said point being the intersection of the Easterly line of said- . -Spook LHill Road with the Southerly line of lands of now or formerly Frisina and running thence along lands of now or formerly said. - Frisina, the following: North 57-02--50 East 210.00 feet to a point. thence North -..7-317-]-Q West -210-.00 feet to a point on the Southeast- erly, line of lands of Lake Oniacl Realty .Corp. ,Liber 1464 page 245; = thence leaving said line and running along the Southeasterly. line of lands of now or formerly said Lake Oniad Realty Corp., along the re-:_. mains of a stone wall, the following: North 57-13-20 East 157.00 feet to a point; thence North 56-24-2G East 196.92 feet to a point, thence -North 58-0810 East. 336.20 feet to a point;, thence leaving said. line and _running _over and through lands of -James R1eiu, the following: South 31--51-50 East 67.27 feet to a point; thence on a curve convex to the Southwest having a radius of 320.00 feet and a length Southeasterly `7-74 feet to a point; thene South 56-45-00 West 124.42 feet to a point; thence South 41-20-00 East 124.98 feet to a point; thence South 57-30--00 East 124.98 .feet to a. point; thence South 73-40-00 East 124.98 feet to a point; thence South 89-50-00 East 124.98 feet to a point; thence North 74-00-00 East 115.18 feet to a point; thence South 74-09-36 East 97.95 feet to a point; thence on a curve convex to the Southeast htv :n; a radius of 100.00 feet and a length Southwesterly 29.02 feet to a point; thence South 47-20-00 West. 144.915 feet to a point; thence North 42-40-00 West 115.00 feet to a point; thence South 59-04--49 West 103.49 feet to a point; thence North 78-00-00 West 160.77 feet to a point; thence Soutar CORBALLY, GARTLAND AND RAPPLEYEA CHARLES J. CORBALLY (1966) JOHN J. GARTLAND, JR. ALLAN E.RAPPLEYEA DANIEL F. CURTIN* FRED W_SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. D>EBIASE PAUL O. SULLIVAN' MILTON M. HAVEN` JOSEPH F. HAWKINS* COUNSEL }MEMBER N.Y-AND FLORIDA BAR Town Board Town of Wappinger Wappinger Falls, IVY Re: Fieldstone Farms BARDAVON BUILDING 35 MARKET STREE7 POUGHKEEPSIE, NEW YORK 12601 914-454-1110 12590 Dear Members of the Board: January 22, 1982 FLORIDA OFFICE: 1499 GULF -70 -BAY BOULEVARD CLEARWATER, FLORIDA 33516 813-461-3144 STEPHEN G. WATTS, OF COU NSFL'YY *MEMBER OF FLORIDA BAR ONLY BRANCH OFFICE: BANK OF MILLBROOK BUILDING FRANKLIN AVENUE MILLS ROOK, NEW YORK 12545 914 -677-5539 V JAN 2 5 1982 ELAINE IIS $NowDEk In reviewing this matter, I find the following matters still outstanding: 1. Clarification of intent of recreation commission as to amount of performance bond to guarantee recreation work. See last paragraph of my letter to Fieldstone dated 12/29/81. 2. Letter of credit or other satisfactory security for construction of roads (see my letter of 12/29/81 to highway department) . 3, Deed to town for open space lands with appropriate covenants.. Deed should. run to district rather than town.. Title policy should accompany town, 4. Submission of peforance_bond or otheracceptable credit for roads (letter of credit has been ropose.d- I; have advised lending institution of language whic Ve wish to have) In addition, there may be other. matters required by the terms of the final subdivision approval, including but not Limited to drainage fees, which would not normally be handled by this office. Very," truly y r s , f CIRBALLY, ARTLAND RAPPLEYEA J Jon Holden Adams JHA/lh C,C, • Mr A K1 pin Y' RECEIVED FIELD STONE FARMS Quality Townhouses January 8, 1982 JAN �AA SUPHY]SW9 0FROE RD 4 Old Hopewell Road '% appingers Falls, N.Y_ 12590 (914) 297-43S3-84 RECEIVED JAN � 1, 19&2 Town of Wappingers Falls Town Board Wappingers Falls, New.York 12540 ATTN: Mr. Louis Diehl, Supervisor RE: Work in Lieu of Recreation Fee Fieldstone Farms Dear Nor. Diehl: I hereby acknowledge that as a condition of sub- division approval of the above parcel, and in lieu of making a recreation fee contribution in the sum set forth in the resolution of the Planning Board, I hereby agree to undertake and to perform certain improvements to a recreation area of the town at Spook Hill Road and Reggie Drive, the extent of said improvements to be determined by the Recreation Commission to the town and to consist of, but not to be limited to, topographical survey, grading plan, staking, clearing and grubbing site, providing fill and equipment to grade site to proposed final contour (estimated fill required - 8,300 cubic yards), creation. of drainage swales, and seeding. The reasonable value of such work is reflected by a letter under the signa- ture of Richard G. Barger, P.E., dated December 4, 1981 addressed to the Town of Wappinger Recreation Commission.. It is my further understanding that upon failure to com- plete such work within the timetable prescribed by our sub -division approval for Section I and Section 11, a Letter of Credit tendered by me to the Town of Wappingers may be subject to forfeiture. You already have in your posession an irrevocable Letter of Credit in the sum of $15,000..00 for the first Section. It is my further under -- standing that work on the recreation area should be done at one time although development of the sub -division will proceed in two stages. C �C lac= m 0? e,F LJ 1_ T AA9 FIELD STONE FARMS RB 4 s F Falls, N.Y. Road �`�``��P�gerc �a!i�, �.�'. 12590 Qicaticy Townhouses (914) 297-4353-84 Mr. Louis Diehl -2- January 8, 1982 d b the time I am ready If the work is not complete y Y for the second Section to be filed, I will produce another Letter of Credit in the amount of $21,000.00 worded the same as the letter for Section I. If you have any questions on the above, please contact me. j Very trul yours, f, FIELDSTQNE F S am ds. Klein JA f7zad TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ESTABLISHMENT OF A CONSERVATION PARR DISTRICT IN THE FIELDSTONE FARM SUBDIVISION ----------------------------------- STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town clerk of the Town of Wappinger, County of Dutchess and State of New York. That on December 22, 1981, your deponent posted a copy of the attached notice of Public Hearing on the Establishment of a Conservation Park District in the Fieldstone Farm Subdivision, on the signboard maintained by your deponent in her office in the Town Hall of the Town ofWappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. (11 41S. Elaine H. Snowden Town clerk Town of Wappinger Sworn to before me this day of 1982. Notary Public TOWN OF WAPPINGER LEGAL NOTICE PLEASE TAKE NOTICE that the following Resolution was adopted by.the Town Board of the .Town of Wappinger at their regular meeting held December 14,.1981: WHEREAS, a petition dated.S.eptember 11, 1981, has been duly presented to the Town Board of the Town of Wappinger, according to law, requesting that a Conservation Park District be established, and WIM. REAS, maps and plans in relation thereto have been previously prepared and reviewed, and WHEREAS, the boundaries of said proposed district are as set fc::th in Schedule A attached, and WHEREAS, no improvements are proposed to be made, and WHEREAS, no public funds will be expended for the costs of acquisition, NOW, THEREFORE, BE IT RESOLVED, that said Town Board shall meet at the Town Hall, Mill Street, Wappingers Falls, Newyork, on the 6th day of January, 1982, at 6:45 P -M_, to consider said proposal and to hear all persons interested in the subject con- cerning the same, and be it FURTHER RESOLVED, that the Town Clerk of the Town a= Wappinger is hereby authorized and directed to publish a notice of said hearing in the Southern Dutchess News (W & S D News) and to post a copy of the .same on her sign -board .in the time and r�:- nner re- quired by lay Elaine H. Snowden Town Clerk Town of TKappinger W EA EA FA 11 M LM I 0 aj cd U r3 QX.es er CIIencl 11 to to Cx.j � L: -C7 ¢+ ---d- '.1.� .-,+ Tr �- - -d Ol r� ... y :.� J Q 3 ,� ^.) 0 :.s Uy7 arr. "�<'CS-Cv d rte. CS .0 C.i'.... 'O CJ w - Q 0 .. .O. 41 cG ; + +, j- 4. oma_ ay ¢rn �� '�H o r- 50 'O •O O C� t -r) CG O ": tl v O r� Cj.: Q U �• ' Sii ! if cd .O - O .t3 ..iS "h �' O4 �� C� C�7 +-e JI `7 O �•a C?- CJ 4-� a ui s, r 0 tG Ve O h0 Jt CS O -� u,. rn 50 '� '� �. m y t Ct + O tC) i �- . CG_ bo ai 43 O -+ W g O �, O Q2 .d �:, d :+4- fr .� �r -r/l +-� nJ LA 54 .rr .--. C3 t -a .A 97 CJ5'i- Ql -�-.+ O bU :G - v3 :y ... '� sw W '� .� � O ,.O 'G ., .,-• �. v -^' A,O O w O Q7 +�•� �' iL$ � "C7 '7 � - � '� C.S r�'r p w � � M_ -^a fs � � � Lti to rr OCZS GSrJ C C'' L. Cr U �. d V °� ^+ (c1 C1 CJ C1 c`� �t +` O. V 'O O O GJ w U O _ C3 " O. p c3 _p .art +�+ p .O U �� .t� _ V. b a V1� + G t7 '�+ -�'" 'Y' [I1 G�l� c'J' +` O i+._. : C4 �y •^w O O w O J '" +' C.2 {Yjr G} ;' Q. L.e �. V CJ •�.x r� La iw. O rC �+ 'G .�- - 5-i O .� Gd W .. CU Ci v 0. v O\tn cC 54 u2 _ 0 O O .0 "+ G 3 3 d a r) ¢i = tj . :ig+� �ell tn. elf Y CJ ] J� - •�• � -+ .,may S'` ti �..x ^ , s� 3 o W N -15,F2 Hp 4a 0 Ci E-1 U2 CZ 4.4 V2 7g m O 3 CM to 10 0 Ey O w r C j d - M %U 3 .71 firr�4 § '�Y" "� . . . . . . ....... ...... .. . ... .. ......... . .. .... RECEIVED CHARLES J. CORBALLY (1966) JOHN J. GARTLAND, JR. ALLAN E. RAPPLEYEA DANIEL F. CURTIN "� FRED W. SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DrSIASE PAUL O. SULLIVAN' MILTON M. HAVEN JOSEPH F. HAWKINS' COUNSEL *MEMBER N.Y. AND FLORIDA BAR CORBALLT, GARTLAND AND RAPPLEYEA '�ftorltzMs MO �.a�UgAas at fat BARDAVON BUILDING 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 914-454-1110 Field Stone Farms Route 4, Old Hopewell Road Wappinger Falls, NY 12590 Attention: Mr. James A. Klein Re: Work in Lieu of Recreation Fee Dear Jim: DEC 3 0 1981 FLAINE H. UNE FLORIDA OFFICE: 9499 GULF -TO -BAY BOULEVARD CLEARWATER, FLOR,IDA 33SIG 813-451- 3144 STEPHEN G. WATTS, OF COUNSEL" 'MEMBER OF FLOMDA BAR ONLY SPANCH OFFSCE: BANK OF MILLBROOK BUILDING FRANKLIN AVENUE MILLBROOK, NEW YORK 12545 914 -677 - 5539 I would appreciate your submitting a letter in the following form to the town to confirm the work which is to be done by you in lieu of payment of a recreation fee, although such fee is not being waived if, of course, you fail to undertake and complete satis- factorily such work: I hereby acknowledge that as a condition of sub- division approval of the above parcel, and in lieu of making a recreation fee contribution in the sum set forth in the resolution of the Planning Board, I hereby agree to undertake and to perform certain improvements to a recreation area of the town at Spook Hill Road and Reggie Drive, the extent of said improvements to be determined by the Recreation Commission to the town and to consist of, but not to be limited to, topographical survey, grading plan, staking, clearing and grubbing site, providing fill and equipment to grade site to proposed final contour (estimated fill required -, 8,300 cubic yards), creation of drainage sales, and seeding. The reasonable value of such work is reflected in part by a letter under the signature of Richard G. Barger, P.E., dated December, 4, 1981 addressed to the Town of Wappinger Recreation Commission, It is my further understanding that upon failure to complete such work within the timetable prescribed OORBALLY, GARTLAND AND RAPPLEYEA Mr. James A. Klein Page - 2 - December 29, 1981 by the Town of Wappinger Recreation Commission, a a letter of credit to be tendered by you to the Town Clerk may be subject to forefeiture. That letter of credit, which shall be irrevocable, shall be in the sum of $15,000 for stage one and $21,000 for stage two. It is my further understanding that work on the recreation area shall be done at one time although - development of your subdivision may proceed in two stages. I have reviewed the form of a letter of credit issued by the Citizen's Savings Bank dated December 9, 1981 and received in our office on December 21st, 1981. The form of that letter of credit is satisfactory; however, T note that the letter of credit is for $15,000 whereas Mr. Barger has estimated the value of the work to be undertaken by you to be $40,550 and your total recreation contribution would otherwise be $36,000 for 72 lots. We will need a second letter of credit for the additional sum as I assume that it was not the intent of the Planning Board and the Recrea- tion Commission to have the work on the recreation area staged in a corresponding manner. Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA Jon Holden Adams JHA/lh cc: Planning Board Recreation Commission Town Board $ 0 " NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84EAS TMAM STREET - WAPPINGERSFAUS AfIFIDAVIT OF PUBLICATION Sate of New York. County of Dutchasi, Town of Wappingcx- .............. of the To,wn of Wappinger, Dutchets County, N Yak. t)eing drIly 2worti, says that be is. iind A the mvefA rims berein4fter wart, W. & S.D. NEWS. & orwip.apex printed :,nd pulil,Lcd ovay Thursday in Itle yelf III t,hr- rown or Wrypingc�% -Dutch ss County, l4ew York, Lnd thit the tinlicxed NOTICE eras duly published jr, the jaid fo- o m.Qzw,,N...week succeilively. - -C=t - - is) skit W"'k, cornmencing on the,..., - - d4Y Of... ; " KNI"� Ober ... jq..g3arld on, The foilowing dztct thc-rcaftcr, ntml-iy Oa ........................... ....... grr4 ending Oil tile... 2..'-6.day 1941 both days inclusive.. Subscrib-A aad WOM to WOM M! jhjs ...... g�3Vd ...... day of... �',k too ........................ Nomry Public Mycommission expires .......................... -;x James A. Klein Deed description RICHARD G. BARGER LICENSED Professional Engineer & Land Surveyor NEW HACKENSACK ROAD WAPPINGERS FALLS, N. Y. 12590 AREA CODE Gla 297-9435 297-5775 Dec. 18, 1981 Description of a certain parcel of land situate in the Town of Wappinger, County of Dutchess and the State of New York. Beginning at a point on the Southeasterly line of Spook Hill Road,.said point being the intersection of the Southeasterly line of said Spook Hill Road with the Northerly line of Parcel B as shown on a certain map entitled JOSEPH E. LUDEWIG and ANNE L. COSSE and filed in the Dutchess County Clerk's Office as map no. 5755 and running thence along the South- easterly line of said Spook Hill Road, the following: North 22--12-10 East 60.94 feet to a point; thence North 15-31-30 East 186.81 feet to a poinj-the nee North 4-45-50 East 82.92 feet to a point; thence Leaving said line and -running over and through lands of James Klein, the grantor herein, the following: on a curve convex to the Northwest having a radius of 77.837 feet and a length Northeasterly 70.96 feet to a point; thence North 57-00-00 East 106.42 feet to a point; thence on a curve convex to -the North having a radius of 200.00 feet and a length Easterly 82.90 feet to a point; thence North 80-45-00 East 115.00 feet to a point; thence South -5-44-45 East 125.00 feet to a point; thence North 77-21-28 East 70.00 feet to a point; thence • North 61 -41 -53 -East 70.00 feet to a point; thence North 57-00-00 East 291.90 feet to a point; thence South 67-00-00 East 101.45 feet to a point; thence South 79-45-36 East 136.00 feet to a point; thenceNorth 78-49-36 East 125.00 feet to a point; thence North 19-50-06 West it 135.00 feet to a point; thence on a curve convex to the Southeast having a radius of 280.00 feet and a length Northeasterly 111.58 feet to a point; thence North 47-20-00 East 199.915 feet to a point; thence South 57-20-40 East 128.74 feet to a point; thence North 73-30-00 East 78.80 feet to ..,.point; thence North 59-00-00 East 152.58 feet,to a point; thence North 30-00-00 East 152.58 feet to a point; thence North 1--00--00 East 152.58 feet to a point; thence South 76-30-00 West 129.71 feet to a point; thence on a curve convex to the Northeast having a radiu of 175.-00 feet and a length Northwesterly 43.45 feet to a point; thence North 59-00-00 East 131.17 feet to a point; thence North 31-00-00 West 100.00 feet to a point; thence North 47-00-00 West 154.84 feet to a point; thence North 79-00-00 West 154.84 feet to a point_; thence South -69-00-00 Nest 154.84 feet to a point; thence South 39-00-00 West 198.85 feet to a point; thence South 73-00-00 -West 100.00 feet to a point; thence South 7-34-00 East 117.48 feet to a point; thence on a curve convex to the South having a radius of 250.00 feet and a length Westerly 162.72 feet to a point; thence North !I 45w-51-50 East 114.02 feet to a point; thence North 38-00-00 West 90,00 feet to a point; thence South 58-08-10 West 115.93 feet to a point; thence North 31-51-50 West 36.42 feet to a point on the South-- easterly line of lands of now or formerly Lake Oniad Realty Co., Liber 1464 page 245; thence along the Southeasterly line of lands of now or formerly said Lake Onial Realty Co., along the remains of a stone wall, the following: North 58-09710 East 18.44 feet to a point; thnece a North 57-07-10 East 363.77 feet to a point; thence North 56-34-50 East 219.16 feet to a point; thence North 52-49-20 East 285.72 feet to a point; thence North 51-20-00 East 277.47 feet to a point; thence North 53-34-10 East 180.55 feet to a point; thence North 52-12-50 East 208.38 feet to a point; thence leaving said line and running along the Westerly line of lands of now or formerly Tyler, along the Westerly line of lands of now or formerly Routh, along the Westerly line of lands of now or formerly Sherow, along the West- erly line of lands of now or formerly West, along the Westerly line of lands of now or formerly McWilliams, along the Westerly line of lands of now or formerly Chiarenzell, along the Westerly line of lands of now or formerly Burhans, along the Westerly line of lands of now or formerly Schiesel and along the Westerly line of lands of now or formerly I.F.C. Collateral Copr., Liber 1484 page 180, along the remains.•of a stone wall and wire fence, the following: South 17-52-40 East 1167.82 feet to a point; thence South 19-44-57 East 184.32 feet to a point; thence South 16-57-33 East 200.05 feet to a point; thence South 19-59-54 East 354.88 feet to a point; thence leaving said line and running along the Northwesterly line of lands of now or formerly aforesaid I.F.C. Collateral Corp., along the remains of a stone wall and wire fence, the following: South 61-29-25 West 760.47 feet'to a point; thence South 63-48-12 West 205.93 feet to a point; thence South 63-12-32 West 991.21 feet to a point; thence South 64-14-26 West 69.13 feet to a point; thence North 79-33-00 West 29.98 feet to a point; thence North 78-49-30 West 252.89 feetto a point; thence North 79-04-50 West ?14.61 feet to a point; thence leaving said line and running along Parcel C and along Parcel B as shown on aforesaid map no. 5755, the following: North 15-13-10 East 324.51 feet to a point; thence South 84-43-20 East 410.04 feet to a point; thence North 19--13-00 East 627.49 feet to a point; thence North 67-00--00 West 310.00 feet to a point; thence South 55-00-00 West 940.00 feet to the point of beginning containing 61.612 acres of land be the sante more or less. PARCEL 2 (6.512 acres) Beginning at a point on the Easterly line of Spook Hill Road, said point being the intersection of the Easterly line of said Spook Hill Road with the Southerly line of lands of now or formerly Frisina and running thence along lands of now or formerly said Frisina, the following: North 57-02-50 East 210.00 feet to a point; thence North 7-37-10 West 210.00 feet to a point on the Southeast- erly line of lands of Lake Oniad Realty Corp.,Liber 1464 page 245; thence leaving said line and running along the Southeasterly line of lands of now or formerly said Labe Oniad Realty Corp., along the re- mains of a stone wall, the following: North 57-13-20 East 157.00 feet to a point; thence North 56-24-20 East 196.92 feet to a point; thence -North 58-08-10 East 336.20 feet to a point; thence leaving said line and running over and through lands of James Klein, the following: r . _ - _- - South 31-51-50 East 67.27 feet to a point; thence on a curve convex to the Southwest having a radius of 320.00 feet and a length Southeasterly '7.74 feet to a point; thene South 56-45-00 West 124.42 feet to a point; thence South 41--20-00 East 124.98 feet to a point; thence South 57-30-00 East 124.98 feet to a point; thence South 73-40-00 East 124.98 feet to a point; thence South 89-50-00 East 124.98 feet to a point; thence North 74-00-00 East 115.18 feet to a point; thence South 74-09-36 East 97.95 feet to a point; thence on a curve convex to the Southeast having; a radius of 100.00 feet and a length Southwesterly 29.02 feet to a point; thence South 47-20-00 West 144.915 feet to a point; thence North 42-40-00 West 115.00 feet to a point; thence South 59-04-49 West 103.49 feet to a point; thence North 78-00-00 West 160.77 feet to a point; thence South 88=39-39 West 130.00 feet to a point; thence South 72-29-35 west 125.00 feet to a point; thence, South 57-00--00 West 278.62 feet to a point; thence South 6-00--00 West 125.49 feet to a point; thence South 80 -*.S=00 West 85.00 feet to a.point; thence on a curve convex to the Northwest having a radius of 270.00 feet and a length Southwesterly 111.92 feet to a point; thence South 57-00-00 West 106.42 feet to a point; thence on a curve convex to the South having a radius of 25.00 feet and a length Westerly 43.33 feet to a point on:the East- erly line of aforesaid Spook Hill Road; thence along the Easterly line of said Spook Hill Road, North 23.41-50 West 112.885 feet to the point of beginning containing 6.512 acres of land be the same more or less. EMEN RICFiARD G. BAR -GER LICENSED 1'r(�Jessiunal Fngineer & Land SurveyoT NEW HACKENSACK ROA0 WAPF'1iN(";ERS FALLS, N Y. 12590 AMEA CODE 914 297-9435 'Af z97 - 5775 December 4,1981 - Town of Wappinger Recreation Commission Town Hall Mill Street Wappingers FallsN.Y, 112590 Re: Proposed Improvements Town Park Spook Hill Road and Reggie Drive Outlined below are estimated costs to make certain improvemeut4 to the park. Those aim the only items which are rixed at this point, It is our understanding that you will Furnish us wiLh as sketch or rurLher plans ror tho park, which we will add to the plan and update the estimated cost of improvements. 1) Topographjcal su.rvey Grading Plan Staking $ , 1,250 2) Clearing and Grubhing site $ 2,100 3) F IV including all machine time nocessary Lo grade site Lo proposed final contour. Creation of drainage swalm 8,300 cubic yards or fill s $ 4 $ 33,2no 4) Seeding to include swales 4,000 Tot at 1 $ 402550, Vvrr Truly Youm, Richard GO Barger PE, CHARLES J. CORBALLY (1966) JOHN J. GARTLAND, JR. ALLAN E. RAPPLEYEA DANIEL F. CURTIN* FRED W.SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. bEEIIASE PAUL O. SULLIVAN* MILTON M. HAVEN, JOSEPH F. HAWKINS' COUNSEL MEMBER N.Y.AND FLORIDA DAR CORBALLY, GARTLAND AND RAPPLEYEA BARDAVON BUILDING 35 MARKET STREET POUGHKEEPSiE, NEW YORK 12601 914-454-1 11 0 December 3, 1981 Mr. James Klein R.D. #4, Old Hopewell Road Wappinger Falls, New York 12590 Dear Jim: FLORIDA OFFICE: 1499 GULF -TO --BAY BOULEVARD CLEARWATER, FLORIDA 33516 813-461-3144 STEPHEN G. WATTS, OF COUNSEL" "MEMBER OF FLORIDA BAR ONLY BRANCH OFFICE: BANK OF MtLLBROOK BUILDING FRANKLIN AVENUE MILLBROOK,NEW YORK (2545 914 -677-5539 RECEIVED DEC / .1981 ELAINE H. SNOWDEN I have reviewed the letter of credit issued by the Citizen's Savings Bank and would request certain revisions. In the first sentence of the letter, the word "value" should be deleted and there should be substituted for it the word "draw." The use of the word "plot" should be replaced by the word "plat.„ The provision for extension of the letter of credit should provide that on the request of the town, the letter of credit will be automatically extended. I do not wish the fourth para- graph to be construed to extend your period of time to complete your obligations by one year. I also feel that the third paragraph is ambiguous. I under- stand and would consent to a grace period for corrections in the failure to perform. However, that grace period should not be limited from the lith month to the 12th month as the town should have the right to set its own deadlines for your completion of the required improvements and upon that failure, the thirty -day grace period would commence. If you have any questions relative to this, please contact me. Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA Jon Holden Adams JHA/lh cc: Town Board kND RAPPLEYEA ned the work to be defined a prescribed? kdams CHARLES J. CORBALLY (1966) JOHN J. GARTLAND, JR. ALLAN E. RAPPLEYEA DANIEL F_ CURTIN; FRED W.SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L- DGBIA5E PAUL O. SULLIVAN* MILTON M. HAVEN,, JOSEPIi F. HAWKINS* COUNSEL 4MhMBER N.Y.AND FLORIDA BAR CORBALLY, GARTLAND AND RAPPLEYEA BARDAVON BUILDING 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 914-454-11io November 13, 1981 Abraham L. Banner, Esq. 58 Academy Street Poughkeepsie, New York. 12601 Dear Abe: FLORIDA OFFICE: 1499 GULF -TO -BAY BOULEVARD CLEARWATER, FLORIDA 33516 813-461-3144 STEPHEN G.WATTS,OF COUNSEL" "MEMBER OF FLORIDA BAR ONLY BRANCH OFFICE: BANK OF MILLBROOK BUILDING FRANKLIN AVENUE MILL6ROOK, NEW YORK 12545 914 -677- 5539 Re: Establishment of Fieldstone Park Conservation District RECEIVED NOV 17 1981 ELAINE H. SNOWDEN The petition in this matter needs to be revised to comply with all the requirements of Town Law §199. In particular, there needs to be included within the petition an allegation setting forth the maximum amount estimated to be expended annually for services, which services will be maintenance of the park property. That amount has been estimated to be $1,000.00. I direct -your attention to my letter of September 15, 1981 which previously discussed these changes. A copy of that is enclosed, I would also note that the Town Recreation Commissioner apparently still has not received responses from Mr. Klein relative to certain inquiries made by them in early October. Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA Jon H. Adams JHA/hn cc: Wappinger Town -Board C� 1ff17fZ1 savings bankFS. T No 102 RFECEIVEn NRV 1 6 1981 TOMPKINS COUNTY CORTLAND COUNTY 9ROOV.E COUNTY Town of Wappinger 20 Old Route 9 Wappingers Falls, NY 12590 Re: Recreation Fee Dear Sirs: Irrevocable Letter of Credit Date November 10, 1981 We hereby authorize you to value on Citizens Savings Bank, Ithaca, New York, for the account of Fieldstone Farms, Suite 303, 125 Wolf Road, Albany, New York 12205, up to the aggregate amount of fifteen thousand and 00/100 ($15,000.00) U. S. currency (30 lots x $500) available by your drafts at sight, accompanied by: Your written ceftifi6�ation signed by the Town Supervisor that Fieldstone Farms has failed to comply with the agreed work in lieu of the recreation fee or has failed to pay the required fee required under the final plot. The work in lieu of the fee must be completed within one year of the signing of the plot. Fieldstone Farms, at its option, has a 30 -day grace period to correct; however, that grace period will be from the llth month to the 12th month, following execution of the plot. The Town shall have the right to advise Fieldstone no later than the llth month that if you fail to complete the improvement in lieu of the fees, the draft will be honored at 30 days after such notice. This letter of credit shall be automatically extended for an additional period of one year with written notice received by registered mail 30 days prior to its expiration. Drafts must be draom and approved not later than December 31, 1983. All drafts drawn under this credit must bear on their face the clause "Drawn under the Citizens Savings Bank Credit No. 102 .11 PO B(..,X 400, 118 NORTH TIOGA ST., ITHACA, N.Y, 14850 '607 273 7111 N. TRIPHAMMER PD rJ SHERATON, ITHACA, N.Y. 14850 (607, 257-2224 EAST HIL PLAZA, ELDS HOLLOW RD., ITT-fACA, N.Y 14850 1607 277-e !'I PYRAtAD MALL, N T PIPHAMMER RD. ITHACA, N.Y. 14850 607, 267-461, WUARD STRAIGHT HALL, ITHACA, N.Y. 14850 6017, 257-512 asse*s over S235 milhon TOWN- OF WAPPINGER RECREATION COMMISSION MILL STREET WAPPINGERS FALLS. N. Y. 92590 October 9, 1981 Mir. Jamas A. Klein Jamas A. Klein, Inc. RD 4 — Old Hopewell Road Wappingers Falls, New York 1259a Re. Fieldstone. Farm Conservation Subdivision Section II Dear Mr. Klein: As par our converation, you requested the following: on the j above Subdivision for your estimate. 'Upon completion, please return to the Town Recreation Commission. 1 Grubbing &. Tres Work We will select tree cutting. 2. Drainage — To be approved by recreation after we receive basis for a closed ditch complete and open ditch complete." 3. Fill — Filled to road level. 4- Water — Water and, curb cock in Z0 ft. on p roPerrty line.. 5. Seed Three (3) acres seeded. •' - 6. Blacktoµ For basketball and handball courts. T. Sewer Tap. Vurs, er HJM:mbr _ cc: Site Planners Inc. Ken Russ Rudolph E. Lapaar -- Town Engineer ,''Town Board Elaine' Snowden Town Clerk iO Planning Board Recreation Commission September 17, IS81 Mr. victor Fanuele, chairman Town of Wappinger Planning Board Mill Street Wappingers Falls., N.Y. 12590 Dear Mr. Fanuele; The Town Board would like you to attend their work shop session on September 28 1981 at 700 P.M. to discuss mr. Klein's petitions for a Park District in the Fieldstone Farm subdivision. .Any other members of your Board who care to attend are welcome. Yours truly, tlaine H. Snowden TOWn Clerk gr September 17, 1981 Mr. James Klein, old Hopewell Road Wappingers Falls, N.Y. 12590 Dear Xr. Klein, The flown Board would like you to attend their work shop session on September 18., 1981 at 700 P.M. to discs your petition for a Park District in. the Fieldstone Fart Subdivis ion . mr. I aaurer, Chairmen of the Recreation commission and Mr. Fanuele, chairman of the Planning Board, have also been invited to attend to discuss this matter and their involvement in it, %urs truly, Elaine H. Snowden Town Clerk gr z, --- ----- -=----------------- -x PETITION FOR THE ESTABLISHMENT OF FIELD STONE CONSERVATION PARK. DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. ------------------ . --------------- X _ TO THE TOWN BOARD ' OF THE TOWN OF ; WAPPINGE.R. The undersigned, being the sole owner of taxable real property .situate in the proposed Conservation:Park:District hereinafter described, and owning all of the assessed valuation of all the taxable real property of said proposed.district., as shown:upon the latest completed assess- ment roll of said town, does hereby petition.. the Town Board of the Town of_Wappinger to.establish a conservation park district in the territory hereinafter described, which is located in the Town of Wappinger., County of.Dutchess-and State of New York-, outside of`any incorporated Village and wholly within the said Town of Wappinger and which proposed distract to be known as FIELD STONE CONSERVATION PARK DISTRICT is 'more fully described on the annexed. schedule Attached hereto are maps showing .the- =boundaries -of the proposed._. Conservation Park District Said maps have been prepared -by a'competent engineer duly licensed by the State of New York. The projected annual cost'to be -expended for the improvement is $1,-000.00 and petitioner will pay the first years annual. cost IN WITNESS'WHEREOF, the undersigned., a partnership, as sole owner of all of the assessed valuation of real property owned in the area comprising said proposed Conservation Park District has duly caused September 16*'-. 19,91 Mr. Hugh J. Maurer, Chairman Recreation Commission Box 335 Fishkill# N.Y. 12545 Dear Mr. Maurer: The Town Board would like you and .any of your members who care to attend, to be present at their work shop on September 28, 1981 at 7f30 P.M. to discuss Mr.. Klein's Park District for the Fieldstone Farms Subdivision. It would be appreciated if you are prepared to submit the priority work you wish to have Mr. Klein do at the recreation area in that vicinity (Reggie Drive and spook Rill Road). Your.-$ truly, Blaine R. Snowden Town Clerk gr co: Recr. Comm. Members CHARLES J. CORBALLY f 1966) JOHN J. GARTLAND,JR. ALLAN E.RAPPLEYEA DANIEL F. CURTIN '' FPED W. SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L, DtBIASE PAUL 0. SULLIVAN MILTON M. HAVEN JOSEPH F. HAWKINS COUNSEL 4MEMSER N.Y.ANO FLORIDA BAR CORBALLY, GARTLAND AND RAPPLEYEA BAROAVON BUILDING 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 914-454- 1110 Abraham Banner, Esq. 59 Academy Street Poughkeepsie, New York 12601 Re: Klein/Fieldstone Farm Dear Abe: September 15, 1981 FLORIDA OFFICE 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33545 613-461-3144 BRANCH OFFICE: BANK OF MILLBROOK BUILDING FRANKLIN AVE. MILLBROOK, NEW YORK 12545 914.677-5539 SER 16 1981, ELAINE H. SNOWDEN The Town Board has requested several changes in the petition prepared by you on behalf of Jim Klein. Please incorporate the following: 1. They have asked that the district be called a "conser- vation park district" rather than a park conservation district. 2. One of the requirements of Town Law §193 is that the petition set forth the projected annuual cost of maintenance or the cost of providing services. Your petition should include a recitation that the projected annual cos,t is $1,000 and that the developer will contribute the first year's cost. This contribution was agreed to as part of the negotiations. Very truly yours, JHA/ lh CC: Town Board RESOLUTION FOR PUBLIC HEARING WHEREAS, a petition dated i�� , 1981, has been duly presented to the Town Board of the Town of Wappinger, according to law, requesting that av,. 'Park (conservation) district be established, and WHEREAS, maps and plans in relation thereto have been previously prepared and reviewed, and WHEREAS, the boundaries of said proposed district are as set forth in Schedule A attached, and WHEREAS, no improvements are proposed to be made, and WHEREAS, no public funds will be expended for the costs of acquisition, NOW,' THEREFORE, BE IT RESOLVED, that said Town Board shall meet at the Town Hall, Mill Street, Wappinger Falls, New York on the 6to day of�rA , 198'Z, at&,q5- p.m., to consider said proposal and to hear all persons interested in the subject concerning the same, and be it FURTHER RESOLVED, that the Town Clerk of the Town of Wappinger is hereby authorized and directed to publish a notice of said hearing in the Southern Dutchess News and to post a copy of the same on her sign -board in the time and manner required by law. CORBALLY, GARTLAND AND RAPPLEYEA CHARLES J. CORBALLY (1966) BARDAVON BUILDING FLORIDA OFFICE= JOHN J. GARTLAND,JR. 35 MARKET STREET 50 SOUTH BELCHER ROAD ALI-AN E. RAPPLEYEA POUGHKEEPSI E, NEW YORK 12601 BUILDING E. SUITE 122 DANIEL F. CURTIN+ CLEARWATER, FLORIDA 33515 FRED W. SCHAEFFER 914-454-1110 813-451-3144 JON HOLDEN ADAMS BRANCH OFFICE MICHAEL G. GARTLAND BANK OF MILL -BROOK BUILDING VINCENT L.DtBIASE FRANKLIN AVE. PAUL 0. SULLIVAN+ MELLBROOK, NEW YORK 12545 914-677-5539 MILTON M. HAVEN JOSEPH F. HAWKINS COUNSEL September 25, 1981 +MEMBER N.Y-AND FLORIDA BAR RECEIVED SEP, 2-.8 1981 Elaine Snowden, Town Clerk E�dikE Town of Wappinger H. SNOW9EM Wappinger Falls, New York 12594 Dear Elaine: Enclosed find the resolution fora public hearing on the park district that l prepared some time ago but never forwarded to you. You should make one change, namely, changing the reference to park (conservation) district to conservatioA pa k district. I believe the board may consider this on 28th. Very truly yours, CORB LY, GARTLAND & RAPPLEYEA Jon Holden Adams. JHA/lh Enc. ---------------------------------- PETITION FOR THE PISTABLISHMENT OF FIELD STONE CONSERVATION PARK DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK ------------------------------------x TO THE TOWN BOARD OF THE TOWN OF WAPPINGER: The undersigned, being the sole owner of taxable real property situate in the proposed Conservation Park District hereinafter described, and owning all of the assessed valuation of all the taxable real property of said proposed district, as shown upon the latest completed assess- ment roll of said town, does hereby petition the Town Board of the Town of Wappinger to establish a conservation park district in the territory hereinafter described, which is located in the Town of Wappinger, County of Dutchess and State of New York, outside of any incorporated Village and wholly within the said Town of Wappinger and which proposed district to be known as FIELD STONE CONSERVATION PARK DISTRICT is more fully described on the annexed schedule. Attached hereto are maps showing the boundaries of the proposed Conservation Park District. Said maps have been prepared by a competent engineer duly licensed by the State of New York. The projected annual cost to be expended for the improvement for maintenance. is $1,000.00 and petitioner will pay the first year's annual cost, IN WITNESS WHEREOF, the undersigned, a partnership, as sole owner of all of the assessed valuation of real property owned in the area comprising said proposed Conservation Park District has duly caused this petition to be executed on its behalf. Dated: September // , 1981 FIELD STONE FARMS a partnership BY : 5A- JPKE,S Al.. KLEIN, a partner STATE OF NEW YORK ) COUNTY OF DUTCHESS ) SS.: On the /% day of September, 1981, before me came JAMES A. KLEIN a partner of FIELD STONE FARMS, to me known and known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. No ublic, State New Y JUNE M. srAL70 NOTARY PUBLIC, STATE OF NEW YORK W?. 4 67999 QIIALMED IN DUTCHESS Co UNT'( -,/ COMMISSION MIRES MARCH 30, 38 ABRAHAM L. BANNER 58 ACADEMY STREET P. 0. SOX 327 POUGHKEEPSIE, NEW YORK 12602 (9[4) 484-3210 September 10, 1981 Mrs. Elaine H. Snowden Town Clerk P.O,Box 324 Mill Street Wappingers Falls NY 12590 Re: Field Stone Park Conservation District Dear Mrs, Snowden:- RFc ikkD `SF10 Jr 798, sNa��EN Enclosed please find a copy of the proposed petition for the establishment of the above conservation district.- The original thereof will be executed by Mr. James A. Klein, on behalf of the partnership and will be submitted to your office with the required maps on Monday, September 14, 1981. Thank you for your kind cooperation. Sincerely yours, Abraham L. Banner ALB/dmc enc. cc: Mr. James A. Klein L� - -- - - - - - - - - - - - - - ------------------ x PETITION FOR THE ESTABLISH14ENT OF FIELD STONE PARK CONSERVATION DISTRICT IN THE TOWN OF WAPPINGER, DUTCHE S S COUNTY, NEL' YORK. -------------------------------------x TO THE TOWN BOARD OF THE TOWN OF WAPPINGER: The undersigned, being the sole owner of taxable real property situate in the proposed Park Conservation District hereinafter de- scribed, and owning all of the assessed valuation of all the taxable real property of said proposed district, as shown upon the latest com- pleted assessment roll of said town, does hereby petition the Town Board of the Town of Wappinger to establish a park conservation district in the territory hereinafter described, which is located in the Town of Wappinger, County of Dutchess and State of New York, outside of any incorporated village and wholly within the said Town of Wappinger and which proposed district to be known as FIELD STONE PARK CONSERVATION DISTRICT is more fully described on the annexed schedule. Attached hereto are maps showing the boundaries of the proposed Park Conservation District. Said maps have been prepared by a competent engineer duly licensed by the State of New York The maximum amount proposed to be expended for the improvement is $ 0 . IN WITNESS WHEREOF, the undersigned, a partnership, as sole owner of all of the assessed valuation of real property owned in the area comprising said proposed Park Conservation District has duly caused this petition to be executed on its behalf . Dated: September // , 1981 FIELD STONE FARMS a partnership BY: James ern, a par STATE OF NEW YORK ) COUNTY OF DUTCHESS ) SS.: On the day of September, 1981, before me came JAP3ES A. KLEIN, a partner of FIELD STONE FARMS, to me known and known to me to be the individual described in, and who executed, the foregoing instru- ment and acknowledged to me that he executed the same. Not ublic, S e of Yor JUNE M. SCALZD KOT►"PUBLIC, STATE OF NEW YORi tlIv. 4467999 QUALIFIED IN DUTCHESS COUNTY COMMISSIUH EXPIRES MARCH 30, 199k u CHARLES J. CORBALLY (19661 J 0 H N J. GARTLAN 0, J R. ALLAN E.RAPPLEYEA DANIEL F. CURTIN o1" FRED W. SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DEBTASE PAUL 0. SULLIVAN MILTON M. HAVEN JOSEPH F. HAWKINS COUNSEL 'MEMBER N.Y.AND FLORIDA BAR CORBALLY, GARTLAND AND RAPPLEYEA BARDAVON BUILDING 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 914-454— 1110 TO: Town Board, Town of Wappinger Planning Board, Town of Wappinger FROM: Jon Adams, Esq. DATE: August 10, 1981 RE: Park District, Suggested Guidelines FLORIDA OFFICE: 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33SIS 813-46,1-3P44 BRANCH OFFICE.: BANK OF MILLSROOK BUILDING FRANKLIN AVE. MILLBROOK, NEW YORK 12545 914-677-5539 The following guidelines might be considered by the Planning Board as outlining in general concept the policy the Town Board is likely to observe in the establishment of park districts. However, it should also be noted that the Town Board can depart from these guidelines in those circum- stances where it deems such to be appropriate. As to those lands which are not to be developed, the developer shall petition the Town Board for the creation of a park district under Article 12 or Article 12A of the Town Law. That district will have the following attributes: A. The management of the district will be by the Town Board. 1. The Town Board may, if it so elects, appoint an advisory committee of park district residents to assist it. B. A projected annual budget for maintenance will be submitted by the developer who will also fund the first year's anticipated budget. 1. Expenses should be minimal as there will be no improvements to maintain. C,. No amenities other than trails will be permitted on the park lands. D. The subdivision or site plan plat will fully outline and identify the boundaries of the park district. Memo Page - 2 August 10, 1981 E. Appropriate covenants will be set forth in deeds to various residents and full disclosure will be made by the developer to prospective purchasers of the nature of the park district. F. There shall be a prohibition against dissolution of the park district during the life of the associated housing. G. Use of the park district lands will be limited to those whose homes are within the district. H. The lands within the park district are not to be construed as recreational lands so as to satisfy the developer's obligation to create recreational areas or to make contribution to the recreation fund. The objective of the Town Board is to create certain natural or green areas over which it will have control to assure that they remain in their natural state. The guidelines have been prepared by the undersigned based upon his interpretation of the objectives of the Town Board and are subject to review and modification by that board. Very truly yours, Jon Holden Adams JHA/ lh s le WHEREAS, a formal application for the approval of a subdivision plat entitled "Section One of the Fieldstone Farm" was submitted by James Klein, the Applicant, to the Town of Wappinger Planning Board W ith a request, dated for authority to design a cluster development pursuant to Section 281 of the Town Law and Section 411.9.2.(Conservation Subdivision) of the Town Zoning Ordinance, and WHEREAS, the Town Board by Resolution dated granted approval to design said subdivision as a cluster development proposal subject to further review by the Town Board, and WHEREAS, the Planning Board has reviewed said proposal pursuant to the Town of Wappinger Subdivision Regulations and Zoning Ordinance, now be it RESOLVED that the application of James Klein for approval of Section One of Fieldstone Farm prepared by Richard Barger, P.E., and datedbe approved subject to the following -,///7 / / .4L conditions, and be it further RESOLVED that the Chairman of the Town of Wappinger Planning Board be authorized to endorse approval of said Subdivision Plat upon compliance by the Applicant with such conditions as noted below, and be it further RESOLVED that such conditional approval shall expire one hundred and eighty (180) days from the date of this Resolution if the Applicant has not complied with such conditions. 1. Ownership: A. The owner of the development, currently James Klein and/or whomever else may hold title to the subject properties, now or in the future, shill be subject to the conditions imposed by the Town of Wappinger Planning Board on August 17, 1981, in granting final approval. 2. Dwellings: A. The development shall be constructed entirely of single-family dwellings in separate ownership, on a conventional basis. B. Each dwelling unit shall have its own separate entrance. C. No unit shall be constructed underneath or over another one. 3. Roads: A. Roads shall be built to the standards set forth in the Town of Wappinger Highwy Specifications in force at the time of dedication, unless said roads were substantially completed under specifications which were revised less than one year prior to dedication and all construction shall be subject to the approval of the Town of Wappinger Highway Superintendent. 4. Monuments: Permanent concrete monuments shall be set as indicated on the Plat approved by the Engineer to the Town and the Town Highway Superintendent. 5. Utilities: A. Central water supply and sewage facilities shall be installed as required by the Dutchess County Department of Health. B. Storm water runoff shall be conveyed by pipe into the natural drainage system as set forth in the approved plat and drainage plan with installations subject to approval of the Engineer to the Town and the Highway Superintendent. C. Surface water shall not be directed upon the property of others unless as easement for this purpose has been obtained from the affected property owner and duly recorded. D. Open channels shall not be used to handle storm drainage except where permission is granted in writing by the Town of Wappinger Highway Superintendent. E. All services shall be provided underground; the Developer shall provide assurances in writing that telephone, cable television and electric service shall be provided by the utility companies. Underground utilities placed in the street right-of-way shall be placed between the paved roadway and street line to simplify location and repair of the lines. E. The applicant shall intall underground service connections to the property line of each lot before the final coat of pavement goes on. G. The approval of this subdivision shall not be construed as imposing upon the Town of Wappinger an affirmative duty to provide greater water or sewage plant capacity or sewage disposal facilities than presently exists at the time of this resolution, and such existing water facilities and sewage plants shall be deemed to be equally assessable to all landowners within the improvement district served by said plant or such facilities, and any existing capacity of said plant or such facilities for additional water and sewer hook-ups shall not be deemed to be reserved exclusively to the applicant but shall be available to all those who qualify for the same. 6. Improvements: A. Streets shall be graded and improved with pavement, street signs, sidewalks, street lighting standards, curbs or gutters, street trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board has waived, subject to appropriate conditions, the provisions for such improvements considered not requisite in the interest of the public health, safety and general welfare. Such improvements shall be constructed in accordance with the highway specifications of the Town and if not, to such standards as defined by the Town. Highway Superintendent or the Town Engineer of the Town of Wappinger. B. All required improvements shall be made by the Applicant without reimbursement by the Town or any District therein. C. All improvements dedicated to the Town shall be guaranteed by the Applicant for a period of one year after the date of completion and acceptance in the manner prescribed by the Town Highway Specifications. D. Installation of improvements intended to be accepted and dedicated to the Town shall be subject to inspection by the Town and approval by the Town. 7. Open ,Space: A. All open space to be dedicated to the Town of Wappinger within the development shall be deeded and conveyed to and owned and maintained by the town through a special district (park districtA tops""mases be created pursuant to Article 12 & 12-A of the Town Law for the benefit of the residents of the district. The applicant prior to signing of the plat shall petition the Town Board for the creation of said district. Said district shall encompass all the lan s set f.rth" N on the plat. ca` B. Lands designated as Open Space on the Plat shall be left in a natural state with any disturbance at any time. C. Open Space lands shall be kept open and forever wild and shall be kept free and clean of debris, junk or other obnoxious material. 8. Fees and Bonds: A. Fees for inspection of water, sewer and storm water drainage lines, as well as downstream drainage, as required by the Town and in accordance with a resolution of the Town Planning Board of the Town of Wap pinger, shall be deposited with the Town before the Planning Board shall sign the final plat. B. Prior to the issuance of any building permits and the commencement of any construction, a bond of sufficient amount to insure construction of roadways, drainage facilities and other improvements required to service the dwelling units for which building permits are sought in a form and surety approved by the Attorney to the Town shall be approved and accepted by the Town. The amount of said bond shall be determined by the Highway Superintendent and the Engineer to the Town. The bond shall be conditioned upon satisfactory compliance of covered improvements within two years of the filing of the Bond. The Bond shall be filed at least thirty days prior to the commencement of any construction. 9. Compliance: A. The Applicant shall comply with all other Town, County, State and Federal rules and regulations pertaining to the development of the Subdivision Plat and construction of housing as well as support facilities. 10. Planning Board Conditions: A. The condition se forth in the reso�ut;on of the is `D-PAVro f� Planning Board shall be shall be incorporated by referenceerein as if herein fully set forth, B. Those conditions set forth in this resolution and those incorporated by reference shall be deemed to be complementary unless inconsistent, in whch instance the conditions imposed by this resolution shall be given priority. 11. Restrictive Covenants: A. Prior to signing of the subdivison plat, the applicant shall submit to the attorney to the Town such restrictive covenants it deems necessary to promote and protect the standards and objectives of this resolution. B. All restrictive covenants affecting the open space shall be enforcible by the Town or its designated agent. December 6, 1993 Elaine Snowden Town Clerk -- Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls, NY 12590 RE: FIELDSTONE FARMS Dear Elaine: I enclose herewith (2) two Deeds regarding the Fieldstone Farms matter: 1) (1) One Deed transferring the park lands into the FIELDSTONE CONSERVATION PARK DISTRICT recorded in Liber 1934 page 365; 2) Deed transferring all rights into the roads, road beds, easements, etc. as noted on the file map 6330 with Deed as recorded in Liber 1934 page 366. Very truly yours, VERGILIS,n STENGER, LUCIA & ROBERTS AL RT P. ROBERTS ALP/mem cc: Constance O. Smith w/enclosure Joseph E. Paggi, Jr. w/enclosure VERGILIS, STENGER, LUCIA & ROBERTS - - ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914)296-2000 GERALD A. VERGILIS* FAX (914) 296-2942 LEGAL ASSISTANTS: KENNETH M. STENGER DALE O'DONNELL ANTONIA T. LUCIA AMY E. WOODARD ALBERT P. ROBERTS POUGHKEEPSIE OFFICE JOAN F. GARRETT** 276 MAIN MAIL CARMINE J. CAROM POUGHKEEPSIE, NY 12601 (914) 452-1046 ADMITTED TO PRACTICE IN NY & FLA. - - ADDRESS REPLY TO: { ) POUGHKEEPSIE _•* ADMITCED TO PXACTICE - _ _ _ __ _ - - ( ) WAPPINGERS , IN NY & CONN. December 6, 1993 Elaine Snowden Town Clerk -- Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls, NY 12590 RE: FIELDSTONE FARMS Dear Elaine: I enclose herewith (2) two Deeds regarding the Fieldstone Farms matter: 1) (1) One Deed transferring the park lands into the FIELDSTONE CONSERVATION PARK DISTRICT recorded in Liber 1934 page 365; 2) Deed transferring all rights into the roads, road beds, easements, etc. as noted on the file map 6330 with Deed as recorded in Liber 1934 page 366. Very truly yours, VERGILIS,n STENGER, LUCIA & ROBERTS AL RT P. ROBERTS ALP/mem cc: Constance O. Smith w/enclosure Joseph E. Paggi, Jr. w/enclosure DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: ALBERT P ROBERTS ESQ 1611 ROUTE 9 WAPPINGERS FALLS NY 12590 RECORDED: 09/30/93 AT: 11:18:56 COUNTY CLERK: # 6345 RECEIVED FROM: VERGILIS STENGER LUCIA ROBERTS GRANTOR: FIELDSTONE FARMS GRANTEE: WAPPINGER TOWN OF RECORDED IN: DEED TAX INSTRUMENT TYPE: DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 55.00 NUMBER OF PAGES: 4 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #001211 E & A FORM: Y TP -584: Y COUNTY CLERK BY: JJF RECEIPT NO: R47958 BATCH RECORD: B00119 WILLIAM L. PARD I, JR. County Clerk ��5s T 691 Standard n.I.B.T.U. Norm 8002: Bargain & sale deed, pith enrennnt against grantor's acts—Ind. nr Cor).: single sheet eo/ 4/�/ JULfUS BLUMBERG, INC.. LAW BLANK PUBLISHERS CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY TI4IS INDENTURE, made the day of August , nineteen hundred and Ninety Three BETWEEN FIELDSTONE FARMS.; A Joint Venture Partnership, having an office located at 1426 Route 9, Wappingers Falls, NY party of the first part, and TOWN OF WAPPINGER, a municipal corporation with its principal office at 20 Middlebush Road, Wappingers Falls, New York on behalf of�the Fieldstone Conservation Park . District, a ?ark nistr-f."'-q,�formed pursuant to Article 12 of the Town Law. party of the second part, t WITNESSETH, that the party of the first part,gn consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does-horAy rant and release unto the party of the second part,.the heirs or successors and assigns of the party of #i forever, �&R* 'A'A ALL that right! tl set forth and describe a,,' 6330 filed in the DutcNA s" and filed map number 6 1, office on November 24, 8: legal description of sails( described in map number 6 office on April 30, 1984.'x` Interest in and to the real property )ot- servation District" on map number ty Clerk's Office on March 8, 1992, 1-d in the Dutchess County Clerk's d subject to any amendments to the �rvation District as set forth and filed in the Dutchess County Clerk's TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF Ss: On the day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. i5argain anb Malt Aeeb WITH GOVENANT ACAMST C,,RAIMR!s ACTe TrTLE No. FIELDSTONE FARMS TO TOWN OF WAPPINGER V yV `4 OC a v M O u V +Y 0 4 N O w 4 V q 4 N N .Ti 4 P ti V ' 'p �i STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: ALBERT P. ROBERTS, ESQ. 9ERGILT-S, STENGER, LUCIA & ROBERT 1611 ROUTE 9 WAPPINGFRS FALLS, NY Tip No• 12590 STATE OF NEW YORK ss.. On this A day of , 1993, before me personally came James A. Klein to me `kno n and known to me to be a partner of Fieldstone Farms, the firm described in and which executed the foregoing instrument, and said James A. Klein acknowledged that he executed the foregoing instrument for and on behalf pf said partnership. NOTARY PUBLIC ALBERT R ROBERTS NOTARY PUBLIC, State of New York Qua!Pf �u fn Dutc;sess county mnissiort Upires Feb. 28, i r Cr3 At a meeting of the Town Board of the Town of Wappinger held at the Town Hall in the Village of Wappingers Falls, Dutchess County, New York, "on the 8th day of February , 1982. Present: Supervisor Louis D. Diehl Councilman Nicholas Johnson Councilman Gerard McCluskey Councilwoman Bernice R. Mills Councilman Frank Versace Absent: NONE - - - - - - - - - - - - - - - - - - - - - - - - - - IN THE MATTER OF THE ESTABLISHMENT OF FIELD STONE CONSERVATION PARK DISTRICT IN THE TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 Or THE TOWN LAW. - - - - - - - - - - - - - - - - - - - - - - - - - - WHEREAS, a petition dated September 11, 1981 has been duly presented to the Town Board of the Town of Wappinger, with the necessary map and plan attached thereto according to law, request- ing that a Conservation Park District, as hereinafter described, be established in the Town of Wappinger, and WHEREAS, James A. Klein has petitioned the Town Board of the Town of Wappinger, as a condition of subdivision approval for Field Stone Farms,for the creation of a Conservation Park District, and WHEREAS, said Town Board duly adopted on December 14, 1981 a resolution reciting in general terms the filing of said petition, the Boundaries of said District, that no Improvements are proposed to be made, and no Public Funds will be expended, and specifying that said Town Board shall meet at the Town Hall, Mill Street, in the Village of Wappingers Falls, New York on the 6th day of January, 1.982 at 6:45 P.M. to consider said petition and hear all persons interested in the subject thereof, concerning the same, and WHEREAS, copies of said resolution were duly published and posted according to law, and said Town Board did, at the time and place specified in said resolution, duly meet and consider the matter of the establishment of said Conservation Park District, and hear all it is NCW, THEREFORE, RESOLVED, by the Town Board of the Town of Wappinger, in the County of Dutchess, New York, that it be and hereby is determined as follows: 1. The aforesaid petition is signed and acknowledged as provided by law and is otherwise sufficient. 2. That all of the property and property owners within the proposed Conservation Park District are bene- fitted thereby. 3. That all of the property and property owners bene- fitted are included within the proposed Conservation Park District. 4. That it is in the public interest to establish the proposed Conservation Park District as hereinafter described. ".6TURIONIM FURTHER RESOLVED, that the Town Board does hereby approve the establishment of a Conservation Park District as hereinafter described, to be known as the "Field Stone Conservation Park District", and shall be bounded and described as follows: All that tract of land in the Town of Wappinger Bounded and described in Schedule "A", attached hereto and made part hereof. and be it FURTHER RESOLVED, that no funds be expended for improvements, said District to remain in its natural state, and be it FURTHER RESOLVED, that the applicant James A. Klein, as owner of all lands within the District assume any costs associated with the formation of said District, and be it FURTHER RESOLVED and determined that this resolution shall take effect upon the adoption of final subdivision approval by the Town of Wappinger Planning Board and execution of the Plat by signature of the Planning Board Chairman, and as provided by Town H T,;;v,7 STATE OF NEW YORK, COUNTY OF DUTCHESS, TOWN OF WAPPINGER V-- r.l,,Ic of the Town of Wappinger, N. Y., do hereby certify that I have Com- 4- , eac�._ _ Heed _descr'pt:Lon.�_ Description of a certain parcel of land situate' in the Town of Wappinger,.County of Dutchess and the State of New York. Beginning at a point on the Southeasterly line of S --Road, said point being the intersection of the Southeasterlylook fill liof Spook Hill Road with the Northerly line of Parcel B as show-onne na certainsaid map entitled JOSEPH E. LUDEWIG and ANNE L.hen County .Clerk's Office as map no.. 5755 and running. thenceein fi alongthe South- easterly line of said Spook Hill Road the following:North 22-- th .East 60.94 feet to a ' 12--10 Point; thence North 15-31-30 East 186.81 feet to a Poin thence North 4-45-50 East 82.92 .feet to a point,` thence Learing --- -- - said line and running over and through lands of James Klei , the g.: attlor herein, the following: on a curve convex_ to the. Northwest having a --radius of 77.837 feet and a length Northeasterly_ 70.96 feet to- a point; thence North 57-•00-00 East 106.42 feet to a point; thence on a curve- convex to :the North having a radius- of. 200.00. feet ,and a length Easterly_ 82.90 -feet to a point; thence North 80-45-00 East _ 115.00 feet .to a -poi nt,; thence South.. 5-44-45 Easi . 125.00 feet to a Point; thence North 7729 -28 -=East 70.00 feet to a point; thence North 61-41-53 -East 70.00 feet to"a point-; -thence-North 57-00-00 East 291.90 feet to a point; thence South 67-00-00 East 10.1.45 feet to a point; thence South 79-4_5-36 east 136.00 feet to a paint; `:thenceNorth 78-49-36 East 125.00 -feet to a poin-t; thence North 19-50-06 West 135.0.0 feet to a point; thence on _a curve convex to --the South-east having a radius of 280.00 feet and a len;th Northeasterly 111,58 feet to a point; thence North 47"=20--00 -East 199.915'feet to a -point; thence South 57-2,•-40 East 128., 74 feet to a point; thence North 73--30-00_ East 78.80 feet---to---4-point; thence North 59-00-00 .East 152.58 feet --.-gip a point; thence. North 30-00-00, East 152.58 feet to a point; thence North 1-00-40 East 152.`--58'feet to -a point; thence `South.76-30-00 West 129.71 feet to a point; thence on a curve convex to the.Northeast having a radiu of 175.00 feet and a length Northwesterly 43.45.feet to a point; thence -North 59 -00 -00 -East 131.17 feet to a point; thence Noxth 31-00-.00- fest 3(30.00 feet to a point; thence North 47-00-00 ' West 154.84 feet to -a -paint; thence North 79-00-00 , West 354.84 feet r to- a---po-int; thence South .89-00-00 West 154.84 - feet to a point; thence South 39-00-00 West 198.85 feet to .-a point; thence South 73-00;00 -West 100.00 feet to a point; thence South 7-34-00 East 117.48 feet to a point; thence -on a curve convex to the South having a radius of f 250.00 feet and a length Westerly 162.72 feet to,a'Point; thence !north 45-51--50 East 114.02 feet to a point; thence North 39 -00 -00 -West 90,00 feet to a point; thence South 58-08-10 West 115,93 feet to a Point; thence North 31--51--50 West 36.42 feet to a point on the South easterly line of lands of now or formerly Lake Oniad Realty Co., Liber 1464 page 245; thence along the Southeasterly line of lands of now or formerly said Lake Oni.al Realty Co., along the remains=of a stone wall, the following: North 58-08-10 East 18.44 feet to a point; thnece Ncrt`s- 57-07-10 East 363.77 feet to a point; thence North 56-34--50 East 219.16 feet to a point; thence North 52--49-20 East 285.72 feet -fo a point; thence North, 51-20-00 East 277..47 feet to a point; thence North 53-34-10 East 180.55 feet to a point; thence. North 52-12-50 East 208.38 feet to a point; thence leaving said line and running along the Westerly�l ne of lands of now or formerly Tyler, along the Westerly line of lands of now or formerly Routh, along the Westerly line of lands of -now or formerly Sherow, along the West- erly Zine of lands of now or formerly West, along the Westerly lime of lands of now or formerly hicWilli.ams, along the Westerly line of lands of now or formerly Chiarenzell, along; the Westerly line of lands of now or formerly Burhans, along the Westerly line of lands of now - or formerly 5.chiesel and along the Westerly line of lands of now or formerly I.F.C. Collateral Copr., Liber 1484 page: 180, along the f remains of a stone wall and wire fence, the following: South 17-52-40 East 1167.52 feet to a point; thence South 19-44-57 East 184.32 -feet to a point; thence South 16-.57-33 East 200.05 feet to a point; thence South 19-59-54 East 354.88 feet to a point; thence leaving said line Viand running. along the Northwesterly line. of lands of now or formerly aforesaid I.F.C. Collateral Corp. ;, along the remains of .a stone wall and wire fence, the following: South 61.-29-25 West 760.4?,feet-to a point; thence South 63-48-12 Nest 205.93 feet.to a point; thence South 63-12--32 West 991,21 feet to a point; thence South 64-1426 West 69.13 fee -t .to- a point; thence North 79-33-00 West 29.98 feet to.a point; thence North 78-4.9-30 West 252.89 feetto a point; thence North 79-04-5.0 West ,14_61:feet to a point; thence.leaving.said line and running..along- Parcel: C and -along Parcel. B as shown on aforesaid map no. 5755, --the following. North 15-13-1.0 East 324.51 feet to a _ point; thence South. 84-43-20 East 410.04 feet to a' -point thence North 19-13-00 East 62749 feet to a point; thence North 67-00-00 West 310.00feet to a • point ; ' thence South 55-00-00 Nest -940.'00 feet to the point Of -beginning -containing 61.61,2 acres of land be the Game more or less, PARCEL 2 (6.512 acres) Beginning at a pain -t -on the Easterly line of..Spook Hill - Road, said point being -the intersection of the. Easterly line of said . Spook Hill Road with the Southerly line of ].ands: of. now or formerly Frisina and running thence along lands of now- or formerlysaid Frisina, the following:. North 57-02-50 East 210.M feet.to a point; ..thence North ,7-3.7-19 West `210.00 feet< to a point on the Southeast erly- line of lands of Lake .Oni.ad Realty Corp.,.Liber 1464 page 245; thence leaving sa d_lzne and running along the Southeasterly line of ' lands of now or formerly said Lake Oniad Realty Corp.', along the re- mains of a stone wall, the following: North 57-13--20. East 157.00 feet-..- to eet- .-to a point; thence North 56-24--20 East 196.92 feet to a point; thence North 58-08-10 East '336.-20 feet to a point; thence leaving said -line _ and running over and through lands of James Klein, , the following South 31-51--50 East 67.27 feet to a point; thence on a curve convex toµ --� the Southwest having a radius of 320.00 feet and a length Southeasterly �; 7.74 feet to a point; thene South 56--45-00 Viest 1.24.42 feet to a point; q thence South 41-20-00 East 124.98 feet to a Point; thence South 57-34--00 East 124.98 .feet to a. point; thence South 73-40-00 East . 1.24.98 feet to a `--� point; thence South 89-50-00 East 124.98 feet to a,{point; thence North. 74--00-00 East 115.18 feet to a point; thence South 74-09-36 East 97.95 feet to a point; thence on a curve convex to the Southeast having a radius of 100.00 feet and a length Southwesterly 29.02 feet to a point; thence South 47-20-00 Nest 144.91.5 feet to a point; thence North 42-40-00 West 115.00 feet to.a point; thence South 59-04-49 West 103.49 feet to a point; thence North 78-00--00 Nest 160.77 feet to a point; thence South nn .on on • t West 130.00 feet to a point; thence South 72-29-35 West 1258.00 feet to a point; thence South 57-00-00 West 278.62 feet to a point; thence South 6 -00 -QB West 125.49 feet to a point; thence South 80-y.f-"00 West 85.00 feet to a point; thence on a curve convex to the Northwest having a radius of 2,70.00 feet and a length Southwesterly 111..92 feet to a point; thence South 57-00-00 West 106.42 feet to a point; thence on a curve convex to the South .having a radius, of 25.0D feet and a length Westerly 43.33 feet to a point on.the East- erly line of aforesaid Spook Hill Road; thence along the Easterly line of said Spook Hill Road, North 23.43--50 West 112.885 feet to the point of -beginning containing 6.512 acres of land be the same more or less.. --f - TCi IS S AUNTY CLERKS 0*6A t~t +iE�EE3 Ott T}�E.l�l SAY ©FA�L 19--- -_ C �I--N1M.';R�G©#D D [f FEE PI1fI} - IPfDC�Y n' EPOK 140-L, FAil G ... ,.,.. AND WMGNP 707 i rAGE 197 L1ER� GERALD A. V ERGILIS* KENNETH M.STENG:ER ANTONIA T. LUCIA ALBERT P. ROBERTS JOAN F. GARRETT** CARMINE J. CAROLEI. * ADMITTTED TO PRACTICE IN NY & FLA,. & * ADMITTED TO PRAL'TIC£V, IN NY &. CONN December 6, 1993 VERGILIS, STENGER, L,um & RoBERTS ATTORNEYS ANIS COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 Elaine Snowden Town Clerk - Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls, NY 12590 rf 11MI=;9C111.4 Zi Dear Elaine: LEGAL ASSIS'T'ANTS: DALE O'FJONNELL AMY E. WOODARD POUGHKE.EPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADI3P.'E5S REPLY TO: 4 i PIaiJ(.3LI'KEEPSW. { y WAPPINGER5 I enclose herewith (2) two Deeds regarding the Fieldstone Farms matter: 1) (1) One Deed transferring the park lands into the FIELDSTONE CONSERVATION PARK DISTRICT recorded in Liber 1934 page 365; 2) Deed transferring all rights into the roads, road beds, easements, etc. as noted on the file map 6330 with Deed as recorded in Liber 1934 page 366. Very truly yours, VERGILIS,,,NSTENGER, ALgtRi P. ROBERTS ALP/mem LUCIA & ROBERTS cc: Constance O. Smith w/enclosure Joseph E. Paggi, Jr. w/enclosure DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: ALBERT P ROBERTS ESQ VERGILIS STENGER LUCIA ROBERTS 1611 ROUTE 9 WAPPINGERS FALLS NY 12590 RECORDED: 09/30/93 AT: 11:25:52 COUNTY CLERK: # 6346 RECEIVED FROM: VERGILIS STENGER LUCIA ROBERTS GRANTOR: FIELDSTONE FARMS GRANTEE: WAPPINGERS TOWN OF RECORDED IN: DEED TAX INSTRUMENT TYPE: rq SE DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 55.00 NUMBER OF PAGES: 4 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #001212 E & A FORM: Y TP -584: Y COUNTY CLERK BY: J F / RECEIPT NO: R47962 BATCH RECORD: B00123 f"V WILLIAM L. PARD I, JR. County Clerk ��5 s t.a �. T 691 Stg.d-d i�'.I.9, err.. Fo- 800'l _& ,gtti. d[ +Ale deed, rh wn'enanA agairtct grantor's acts—end. or Corn. - �!r gre .h,e, JULIUS BL MBC., LAV' J UBLISHERS CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT — THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY a THIS INDENTURE, made the /OA day of August nineteen hundred and Ninety Three BETWEEN FIELDSTONE FARMS, A Joint Venture Partnership, having an office located at 1426 Route 9, Wappingers Falls, NY party of the first part, and TOWN OF WAPPINGER, a municipal corporation with its principal office at 20 Middlebush Road, Wappingers Falls, New York party of the second part, WITNESSETH, that the party of the fi paid by the party of the second part, do or successors and assigns of the party of lkikRjwkWkyxa9tA k ALL that right"," t]t did highways, and utility as Ei l sewer line easements a't3 . described and depicted l�'rt County Clerk's office oma Mk in the Dutchess County C * ' to any amendments or mod*tsr. roads, roadbeds, highways',=and.Je in filed map number 6879, filed on April 30, 1984, 1W 4!�---7 ideration of Ten Dollars and other valuable consideration and release unto the party of the second part, the heirs forever, ,Interest in and to the roads, roadbeds, including waterline easements, water easements, all as set forth, umber 6330 filed in the Dutchess 8, 1982, and map number 6504 filed office on November 24, 1982, subject ons in the legal descriptions of such asements as set forth and described in the Dutchess County Clerk's office TOGETHER with all right, title and interest, if any, of the party of the first part in and toany streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. 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 encumbered 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 consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will applyt same first to the payment of the cost of the improvement before using any part of the total of the same for any oyer purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentureso equires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day an year first above written. 1N PRESEN FIELDSTONE FA .S v by James artner STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described =a in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. 39argain anb 8alc ,`dub �y/ �IITH CovENANT AGAINST GRANToes AcTs TIME No. FIELDSTONE FARMS TO TOWN O' WAPPINGER V y4 `4 C1 a q 'b 4 O V 4 �i w O Y N a 4 O w u m N N 0 4 S Y O ` ai STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: ALBERT P. ROBERTS, ESQ. VERGILIS, STENJER, LUCIA & ROBERTS 1611 ROUTE 9 WAPPINGERS FALLS, 'Zip Nu 12590 STATE OF NEW -YORK ) ss.. COUNTY OF DUTCHESS ) On this /P day of 1993, before me personally came James A. Klein to me knowyf and known to me to be a partner of Fieldstone Farms, the firm described in and which executed the foregoing instrument, and said James A. Klein acknowledged that he executed the foregoing instrument for an on behal of said partnership. W — l NOTARY PUBLIC ALBERT P. ROBERTS NOTARY PUB! IC, State of New York Qualified in Dutchess County C©;r�,miss>tan Expirts Feb. 28,19L-7 January 7, 1986 Mr. Keith Harvey, Supervisor of Transportation Wappinger School District Remsen Avenue, South Wappingers Falls, N.Y. 12590 Re: Acceptance of Roads in Fieldstone Farm Dear Mr. Harvey: I apologize for the delay in qiving you officMAntic e of the fact that the Town Board has accepted and Fieldstone Loop in the Fieldstone Fari, Su , ""V n as Roads and will, therefore be maintained by the Town. We have received complaints from the residents that the school busses are not picking up the children and for t1is reason we wish to inform you that the roads will be cleared and the busses can now travel these roads and transport the children to their respective schools. Again, I am sorry you were not notified sooner; the Town Board accepted the roads at the December 2, 1985 and it was just a matter ofreceiving the proper documents before it was official. The documents were received and found to be in proper form by the Town Clerk, Attorney and Highway Superin-- tendent. Thank you for your cooperation. Yours truly, gr Elaine H. Snowden cc: Carolyn Toth Town Clerk 50 Fieldstone Blvd. Standard N.Y.B.T.U. Form 8007 DATE CODE5 BERG, INC., LAW BLANK PUBLIS Lj� ;FFIL Bargain & scale deed, with covenant ap-inst grantor's acts—Irld. or Corp. 652 6b 2 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 11 thday of December , "nineteen hundred and e i 9 h t y - f i v e BETWEEN Fieldstone Farms,: A Joint Venture Partnership, having an office at c/o Empire State Thrift Services Corporation, 125 Wolf Road, Albany, New York 12205 the Grantor party of the first part, and Town of Wappingers, Mill Street, Wappingers Falls New York 12590 party of the second part, WITNESSETH, that the party of the first part, in consideration of - - - - - - - - - TEN DOLLARS ($10.00) - - - - - - - - - - - - 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 parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, and being known as a Road entitled "Fieldstone Boulevard" as found on a map entitled Fieldstone Farm, Section One, said map filed in the Dutchess County Clerk's Office on March 8, 1982 as filed map number 6330. bounded and described as follows: Beginning at a point on the Easterly side of Spook Hill Road, said point marking the Northerly line of the herein described parcel a,d".,,sa,id­point being South 23-41-50 East 112.885 feet from the Norfn 'I"'i , d vision line of Fieldstone Farm, as found on the aforemve,nl,�,qhed filed map and the Southerly line of lands now or formerly Fris'ina (Liber 1456, Page 699) running thence Easterly along long the Nort,herly line of the herein described parcel on a curve to the left with @ radius of 25.00 feet and an arc length of 43.33 feet, North 57-00-00 East 106.42 feet thence an a curve to the right with a radius of 270.00 feet and an arc length of 111.92 feet North 80-45-00 East 126.94 feet thence: on a curve to the left with a radius of 125.00 feet and an arc length of 51.81 feet, North 57-00-00 East 224.19 feet thence on a curve to the right with a radius of 300.00 feet and an arc length of 259.18 feet, South 73-30-00 East 53.75 feet thence on a curve to the left with a radius of 210.00 feet and an arc length of 216.86 feet and North WIG F .� � au `� stagy°,� ���' -��� l �►'� �tl� � '� 3tatNlb}F3 flN4 �9Md I-V 53 l't ot4 Asea �33Q h1o9\ 3tt rti .- 6i ' NdS O A1iQ' �� BHS *t0 03"AI30V / ,�t3ji3 S.Sft17l;T h3R?fl^� SS3W�.Lflfl i� L7 'Aug ,JT `psooas ,Jo s4u9w9as6a put? squawasaa `squeuanoo anT-4oTzgsas `uoT4oiags9z oq goaCgnS •ssaT so asow pueT do sasoa. 8L_•Z.6uTuTa4uo3 6uTuuT6aq jo aneTd so gUTod aqq oq q@@j 969 -VOL '4saM OS-L'i-�Z g4LON p.uS gaaj .05'Z£ qse�3 OS-Sb-bO q;so.N '@was ay4 6uoTe aou@y} 6uTuuns pao�J TTTH goods pauoTquawasoje 9y4 3o apTs ATsaI-se3.9yq uo qu.Tod anuz�uo0' -654 twtM4P%1ffi4 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party Nof -the'- rst sit 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 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 improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. STATE OF NEW YORK, COUNTY OF ss: On the 1 / day of Pe- c.ti �4-2- 19 g5 before me personally came �'�� A-' to me known to be the individual dWribed in and who exy� uted the foregoing instrument, and acknowledged that WE executed the same. r� N£ AA - cF1L Yb JUNE M. SCALZO NOTARY PUBLIC; STATE OF NEW YORK NO. 4667999 QUALIFIED IN PUTCHESS COUNTY �/ GOM',AISSION EXPIRES MARCH 30, 1931[ STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say that be resides at No. that he is the Of the corporation described in and which executed the foregoing instrument, that he knows the seal of said corporation; that the seal'a$xed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me personally came to me. known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK. COUNTY OF $as On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I ant personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. 36argafn anb fbale ;Detb SECTION WITH COVENANT AGAINST GRANTos's ACT$ BLOB{ TITLE No. LOT COUNTY OR TOWN TO RETURN BY MAIL TO: Elaine H. Snowden, Town Clerk - -- - - - Town of Wappinger P -.O -Box--324 Wappingers Falls, New York ZiP N0. 12590 I 0 m v Y O O L �i 0 O a 655 O m O W 4 y y q y LIUS BLUMBERG, INC., LAW BLAN. PU.t_1S.F_R. B Wn & sale deed, with covenant against grantor'S aCtS—Ind. or Corp. 6, Standar 65 A 291 Standard N.Y.B.T.U. Form 9007 DATE CO�i"' CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 11 t h day of D e c e m b e r nineteen hundred and e i g h t y - f i v e BETWEEN Fieldstone Farms, A Joint Venture Partnership, having an office at c/o Empire State Thrift Services Corporation, 125 Wolf Road, Albany, New York 12203, the Grantor party of the first part, and Town of Wappingers,,, Mill Street, Wappingers Falls, New York 12590 party of the second part, WITNESSETH, that the pae.ty of the first part; in consideration of dollars, - - - - - - - - - - - TEN DOLLARS ($10.00) - - - - - - - - - - - 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 lying and beipt4ft4he All that parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, and being known as a road entitled "Fieldstone Loop" as found on a map entitled Fieldstone Farm, Section Two, said map filed in the Dutchess County Clerk's Office as filed map number 6504, filed on November 243 1982, bounded and described as follows: Beginning at a point on the Easterly side of Fieldstone Boulevard, said point marking the Westerly division line of the herein,described'parcel and said point being North 47-20-00 East 97.915 fek"'thence on a curve to the left with a radius of 170.00 feet dn"d"an a,r,c length of 67.69 feet from the Westerly division line o`f'Se'ct'ion Two (Filed Map 6504) and the Easterly line of Fields -tone Fa" ms, Section One, (Filed Map 6330) as measured along th-e Easterly side of Fieldstone Boulevard, thence continuing Northerly along the Westerly line of the herein described parcel and the Easterly line of said Fieldstone Boulevard, on a curve to the left with a radius of 170.00 feet and an arc length of 95.38 feet to 2 point marking the Northerly division line of the herein described parcel, running thence the following along Fieldstone Loop. on a curve to the left with a radius of 30.514 feet and an arc length of 39.37 feet thence continuing on a curve to the left with Continued to the point or place of beginning. Containing 0.95 acres of land more or less. Subject to restrictions., restrictive covenants, easements and agreements of record, if any. 389 OUTCHESS COUNTY CLERK'S ©FFice FXCEIYED(iiiTW-t4 _DAyO A" e ' IS ?te»aRE-CO90M aq I rr= •� A.. NO—!S-3'—'OFESTATe cs a+ AN AT: FAC,F LSA 4 i.7pa �la°it ��.-max ,"��,� 'C`�:t"�i�K Tr C .._ � � Affidavit Filee ` F - �3� r. --i 657' -`J6 58 14W$ TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with tte appurtenances and all the estate and rights of the party -df 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 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- erAion as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. n M %A r r STATE OF NEW YORK, COUNTY OF 01,4-ri41!> ss: Qin the I P 6" day of b664. ew 6,/2' 199'U , before me personally carne f to ane known to he die individual desc'ribcd in and who executed the foregoing, 'ins'tru¢nen't, and acknowledged that ke executed the same. �x _..... ' N q_. (YI Adtl'faP'd FURLI:, STATE OF I'VE°N YORI(, rX.4667UE9 fl t MMI,gSGQN EXPIRES MARCH 30, '19 rlr;. r Al ,` On the day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say ihat he resides at No. that lie is the of the corporation described in and which executed the foregoing instrument; that he knows the seat of said corporation; that the seal affixed Lo said instrument is such corporate seal; that it was so affixed by order of. the ])card of directors of said corpora- tion, and that he signed h name thereto by like order. argatn anal *airMerl) WrTu COVENANT AGAINST GRANTOes ACTS TITLE No. 7�ti Me STATE OF NEW YORK, COUNTY OF sa; On the day of 19 before use personally carne to ine known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. rt: M4.'ll( On the day of 19 , before me personally came the subscribing ,witness to the foregoing instrument, with whom 1 am personally acquainted, who, being by me duty sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saev execute the same; and that he, said witness, at the same time subscribed h name as witness thereto, SECTION BLOCK LLAT COUNTY OR TOWN RETURN BY MAIL TO: Elaine H. Snowden, Town Clerk Town of Wappinger P.O. Box 329 Wappingers Falls Zip No. 12590 New York PLANNING E30ARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-6257 MEMO TO: Regional office of the N.Y.S. Dept. of Environmental Conservation D.C. Department of Planning Ms. Joan Traver, Clerk of the county Legislature Mrs. Lucille Pattison, County Executive D.C. Environmental Management Council Elaine H. Snowden, Town Clerk, Town of Wappinger Commissioner of the N.Y.S. Dept. of Environmental Conservation FROM: Town of Wappinger Planning Board DATE: ,July 13, 1981 SUBJECT: Fieldstone Farm Environmental Impact Statement Enclosed please find copies of the above captioned subject. it is asked that you respond with any comments you may have within thirty days. Non--PrO�ee� fed S e cies American Shrew House ' Mouse Bobcat. Norway Rat Crow Opossum .Deer Mouse Red Fox Field Mouse Red Squirrel Grey Fax Woodchuck b,) Community Facilities and Utilities The Town of Wappinger is located within the limits of the County of Dutchess and enjoys all the benefits of this association including Health, Social, Highway, Civil Defense, Park, Planning and Enforcement Sex -vices, etc. The Town of Wappinger has a Town Board Administration, Planning and Zoning Boards, Police Department, Department of Highway, Sewer Department and Town Justice to suppliment the County and State services. The property is located within the Wappingers Central School District. Fire protection is provided by New Hackensack Eire District. The property .is within the limits of ,the "Oakwood Knolls Sewer District", a, Town administered district. An existing sanitary sewage collection system is available along Spook,Tiill Road. This line passes in front of the entrance road to this property..on the west end of the parcel. The property is Located within the limits of the "Central Wappinger Water Improvement Area #1" a Town District administered by the Town Board. An existing loll ductile iron water main is located along Spook Hill Road and passes in front of the westerly. portion of the property by the site entrance road. Refuse Disposal and collection is through private carters. Ultimate disposal of the refuse is discretionary to the carter within limits of the current statutes. All carters are under the regulation of the State and County Health Departments to ensure that the ultimate disposal of the refuse is at a New York' State Department of Environmental Conservation approved disposal. site. At the present time there are no approved sites in the Town of Wappinger. Any refuse generated in the Town is presently hauled to other approved areas outside the 'row t,. Phase I con stru coon should commence during the summer completed in late 1.985 , ox' early 1986.. Phase I I e p of 1981, and b ion would commence at the coI construction, and nclusion of Phase w ated life of 1939. The cont xnue through ..ar maximum anticip this Project is 8 years. the construction phase of Utility planning for this project includes ystem tied into the An internal sewage collection s 1 •S ook Hi11 existing sewage collection sy stem along p which is tributary to' th"e Oakwood Knobs Sewer Road, Knolls Plant. The parcel lies within the Oakwood Sewer District". connected to the 2. An internal water distribution system Ductile Iron Water Main slang Spook fIill existing to ll Road. The property lies within the "Town of Nappinger Water Improvement Area who awns and mai-mains this line and the water supply appurtenances. Utilities are provided by Central Hudson Gas 3, Electric All with the developer. and Electric in conJunctio laced under ground. electric utilities will be p or 4 dome Space heating will be. by either natural g&s;) the builder,' de ending on the preference of electro'c: p and ho meowner. At present the developer has ready al and obtained commitments from Central Hudson Gas e-Ce to each lot. Elect"ric, and will provide gas sery be contralled,and 5. . Storm drainage and runoff will limited by the use of a storm drainage discharge System consisting of curbing, catch basins, piping, charges (Spook Hill Subbasin) and trench point dia Subbasini. d ispers i.On for sheet flow discharge {Lake Oniad Partially mitigated through proper traffic control,.equipment and const -ruction' scheduling. Thisfactor is a.'si.gnificant .considerati.o.n as it ' relat.es to Phase Xr'oei.on Control During Construction Since- chis project is to be constructed' in two stages, the impl6menta.t.,ion of the erosion control measures is essential, and the installation of the roads and buildings must be coordinated in' order to mi.niM.tze.: the amount of,siltation exiting our. property. Bet ore�'any..conStruction is. begun., a tompoi'ary holding pond down hill OX the construction' area, must be.'Oons'truct'd, and the connection swale td .this holding pond, be i,nstall.ed.,, Th"�,s stage f pond and the'connectAg swales will,. be reloc4;ted as.pecessary for Stage., construction. During thea construction of Stag, 1, the holding'pond will be constructed with the'approprx,te control structures, including a hay bale. berm and fabric fencing for siltation control.' The holding ponds shall be maintained, and periodically cleaned during cobstructi.'on to eliminate the`.bui.Id-up of Silt and it's carry over in to the exi.8ting waterways. All holding -f ;bnds will have a pitch to an, ,exist ung :water course which. wil : be 'cros;sed with a hay bale berm at,' ttie exit point from the holding pond. into the ditch; also,.between the holding pond and the receiving stream we will construct a fabric mesh dam to further contain so3.l. particles, which escape .the hay'bale 'berm. The areas immediately behind, .the fabric mesh dam, and the `hay bale' berm will be periodically c leans*d of silt and debris. After completion of all. construct i.on, the temporary. Molding ponds and construction swails,can be eliminated.. In addition, the following control_ measures will be used during the project construction where applicable. .1.. Maintain needed ground cover wlere possible. .2. Apply needed ground cover on exposed soils.with in 15 - 30 days where possible. 3. Maintain 'the best side slopes for,: slope stabil-ity and ease of land scaping. 4. Stockpile topsoil for future use in establishing vegOtation in critical areas. 5, Retain and protect trees and plants.whenever possible. Use of grass lined water ways. 7, Carful inclusion of proven conservation practices during.coustruction to alleviate erosion damage. a' 3 Draina&e .The proposed site is located in a major subbasin of the Wappinge,t geek Drainage Basin as illustrated on figuros 2131 & 4. This subbasin is further divided into minor subbasins by,a ridge whichyruns..through the property (Figure 4). As previously stated the basins",are referred to as the SpSok Hill Road Subbasin, and the Lake Oniad`Subbasi.n. , Drainage from the subdivision to the Spook Hill Roali Subbasin is 36 cubic feet per second, and includes the existing drainage plus increased .runoff from an additional 800 feet of new road and the developed 24 'lots in' the subbasin.. The analysis of the runoff as provided to the Town Engineer demonstrates that, the increase&- , ,. , ... drainagerunoff from this portion of the property will have minimum impact on .the downstream drainage area. The net 'increase is 1.3.5 cubic'feet'pe.r second as a result of the development. The drainage' to the east of the ridge is trilautary'to Lake Oaiad''which establishes a uniqueness to this portion of the drainage area. Increase runoff is; of course,' expected as it.always occurs with the creation -of any development. However what is critical in not the quantity of'th© drainage'runnot but the rate at which it is released to the downstream areas. Id fact, the increase in the volume,of the runnoff to the Lake is 'a benefit if released at the proper rate.- To mitigate the undesireable effect of high delivery rates of the drainage water the developer will utilize storm water detention and dispersion trenches. These stone filled trenches will retain and store the storm, water, and release the waters over a greater period of time. The trenches will disperse the water over a wider area and with an added desireable benefit of removing .solids collected in Me conventional storm drainage process. Prop`er utilization of this process will minimize or eliminate the impacts of a. Flooding b. Contamination of Receiving waters c Erosion from point dischargps 4. Water Sualy .The proposal for the water supply for the project is to obtain water from the Town of Wappinger Water.Improvement Area #i.. The pro- perty, lies`° within 'this- district. :,There presently exists a controversy relative to'connecting into this water system. This controversy stems.from: a recent New York State Department of Environmental Conservation (DFC).decision dated February 19, 1981. Condition 14 of this doc is ion i.mposos a "building permit" mori.torium. in the Town of Wa,ppingar Water Imprc vament Area'#I (TWWIA#1). As a part of this imposed moritorium ora' ndirect'instruction to the district to improve the supply, and protect 'the existing sources.1 The Town Burd has initiated preliminary actions to comply with these instructions by starting preliminary negotiations with a local landowner for the purpose of obtaining additional water supply lands. It is expected that the :present controversy will be short lived and resolved within the Coming months, and will not impact the development of the project. However,in the event that the con"troversy.cannot be resolved as anticipated, the developer has addressed other alternatives which could be implemented if the need arises; These alternatives include a Individual wells for each unit. b.: A' Private Water System owned and operated by the 'Development. c:. An independent water supply within the TWWIA#1 District . d. React ivat ion" of the Orchard Home Water .System and/or wells It is noted "that no construction can or will commence `until this "controversy"has.been resolved, and as such no significant impact is: expected as a result of the proposed development. Any impact "as a"result of the moritorinm affects the impro"rement' t 'district and any and all developments already.approved.or planned within it,'., 5. Sewagp.Disposal 'Sewage ''Disposal y .as previously stated, will be via a sewage collection system connected to the existing Oakwood Knolls Sewer District,. a trunk line of which runs along" Spoof Hill "R.oad. At pre9ent there is adequate capacity at the Oakwood Knolls Wastewater "'Tre4tme'htl Plant 'to 'handle an additional 147,000 gallons. per day of sewage"or approximately 490 lots. This iMormation is based on. Town. Records on file in the.,Putchess Couhty Health Department. 6 . Xnbreased Population The,projectas proposed will generate. 36 duplex homes or 72 dwelling; units on 72 separate and distinct parcels. Reference The Aesthetic Impact of the development is primarily limited to within the boundry of alae site.. This is. due to 'the:::use of. the "cluster concept" .which allows. for sufficient greenbelt buffers around the homiest and roadways,* In addition the home construction, which will ..be regulated by the Town, will compliment the rural nature of the area.. The developer also plans,to use divided pavements with center islands to mitigate.the classic conventional road lay'ou.t.'Incorporated into the center island, will be.a bikeway for 'residents ancj:Neighborhood use Tn'simmary,'.aIthough'there wili be the, impact of another ho.ueing development in the Town of Wappinger, the impact wIll. be mitigated by use .of the cluster and buffer concepts, and modern planning layouts, resulting in an aesthetically pleasing project. 7 Im act on Natural Resources Th'e'development will create 72 additional homes in the Town of Wappiliker... As a'result of this increase in dwelling units there wild bean„increased demand 'for energy use on an ongoing basis. This is the'onl.y�permanent impact on the Natural Resources of the Area with_the exception of the permanent disturbance of the site by the creation of the development itself. The impact of the development Will -,be mitigated as is shown in` this report. The impact of the increased energy use will be mitigated through the construction of energy ef.ficlent homes built in compliance with the New York State Energy Conservation Code and utilizing passive solar 'concepts in the layout of each duplex unit Increased:energy use by automobiles can `be expected, but not predicted- as a result of the development. No signif icant impact is expected as a result of the increase of automobile usage. 1,.) BIBLAOGRAPHY 1. Amgr. tcan ,•A�Ssociation; of. State Vighway ,Of'f icials- "A PoIxcy on `Geometri6 Design of Rural Highways 1965". 2. 1Aoward g.'Kelley Jr.- "Planning Guidelines,for'Dutchess , County I)rainape' - 1968" 8. Ayer:& r Pauszek,,:United StatAs 'Geological''Society - S, rAsams atn Du,tchoss- County, Bullet 3.n 6S-t96811.' ,, iJbCa Law #2 0, the Town of ng 0 5. fur York ,State Department. of Environmental Conservation HQR Handbook for Local Government �- October 1976„ '6. a ,;. 'dew York"', hep rtment . bf Fr�vironmetta�onservation "Gu�eles.,for Pxep nation .ofniranmental li`pac A Statements, .September. 1, 1976". I. New ;York Departme�it.. of` Envai.ronrnentaI" ,+Cgnservati'on`' ''EIS Preparation Draft `Gui:delin 21# S New fork tat atof Envi oz� + xta1 Qns:srvAtion, Watlr4 Si-4 Applacati°on' Decision .'67ta.. and 71 05 dated rebruary 9 United StatesDepartment: of ,,Agriculture, ."Soil Survey I? tbho$ ' bounty, New". York ' k � �i