2024-1272024-127
Resolution Referring Application To Planning Board Cedar Hills LLC
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 13,
2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-127
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
Q Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Seconder
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Voter
Q
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, the Town Board is in receipt of a certain application for a Designed Residential
Development from Cedar Hill LLC for the development of certain premises known as Tax Map
Parcel 135689-6257-03-430260 pursuant to Section 240-50 of the Wappinger Town Code known
as Acadia Place (the "Application"); and
WHEREAS, the Application proposes 12 single family dwelling units on individual parcels, 66
dwelling units in 9 condominium buildings on a single parcel (all units proposed to be supplied
by municipal water and sewer service); and an open space parcel to be owned by a homeowner's
association; and
WHEREAS, the Town's Director of Planning has determined that the Application is complete
for for the commencement of review; and
WHEREAS, the Town Board has conducted an initial review of the Application and advised the
Applicant at the March 25, 2024 meeting of the Town Board and again hereby that the premises
to be developed under the underlying district regulations for single family residential
development for consistency with the surrounding developments, however, the Applicant's
preference is to continue with the mixed single family / condominium proposal; and
WHEREAS, pursuant to Section 240-50E which sets forth the procedure for review of Designed
Residential Development, a referral of the Application is required for the review and report to the
Town Board on the appropriateness of the proposal in the context of the Town Development
Plan, the Official Map and the Zoning Code as well as for site plan and subdivision approval;
and
WHEREAS, inherent in the overall process is compliance with SEQRA, which, notwithstanding
the sequence of the procedures set forth in Section 240-50, would need to be completed prior to
any determinations to be made by the Planning Board for site plan and subdivision approval and
any determinations made on the Special Permit by the Town Board; and
NOW, THEREFORE, BE IT RESOLVED, that the Application is hereby referred to the
Planning Board pursuant to Section 240-50E; and
BE IT FURTHER RESOLVED, that the referral to the Planning Board does not imply that the
criteria for the grant of a special permit has been met, which requires that the Town Board find
that such development (i) will serve to implement the intent and purposes as set forth in this
section of the Zoning Law; (ii) that the location and the physical character of the site proposed
for the designed residential development is suitable and appropriate for such a development; and
(iii) that such development is otherwise in the public interest.
BE IT FURTHE RESOLVED, that because other residential development projects similar in size
and scope to the Application have been submitted to the Town for review in the vicinity of the
Application, the SEQRA review of the Application should also include the impacts from those
other certain projects and vice versa.
The foregoing was put to a vote which resulted as follows:
RESULT:
ADOPTED AS AMENDED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Angela Bettina, Councilwoman
AYES:
Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
5/13/2024
The Resolution is hereby duly declared Adopted as
Amended.
JOSEPI- P. PAOLONI, TOWN CLERK