1981-08-24 SPMA Special Meeting of the Town Board of the Town of Wappinger
was held on August 24th, 1981 at 7:00 P.M. at Town Hall, Mill
Street, Village of Wappingers Falls, Dutchess County, New York.
Notice of said meeting was mailed to all Board Members on August
21, 1981, calling the meeting for August 24, 1981 at 7 P.M.
Notices were also sent to the news media and posted on the Town
Clerk's Bulletin Board stating that the purpose of the meeting
was to consider action on establishing a Conservation District
for the Fieldstone Farm Subdivision, building permits for the
Pondview Subdivision and any other business that may come before
the Board.
Supervisor Diehl called the meeting to order at 7:00 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Janet Reilly, Councilwoman
Others Present:
Jon Holden Adams, Attorney
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
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 with a request, dated November 7,
1980, for authority to design a cluster development pursuant
to Section 281 of the Town Law and Section 411.92 (Conserva-
tion Subdivision) of_the Town Zoning Ordinance, and
WHEREAS, the Town Board by Resolution dated May 12, 1980
granted approval to design said subdivision as a cluster develop-
ment 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 July 17, 1981 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 James
Klein and/or whomever else may hold title to the subject
properties, now or in the future, shall 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.
entrance.
B. Each dwelling unit shall have its own separate
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 Highway 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.
F. The applicant shall install underground service
connections to the property line of each lot before the final
coat of pavement goes on.
3
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
additio nal 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 specifica-
tions of theTown 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 T own 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 district for conservation purposes) 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. At the time of the
submission of the petition, the developer will also tender
the sum of $25.00 per lot to defray district expenses during
the first year.
B. Lands designated as Open Space on the Plat shall
be left in a natural state without 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 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 pertain-
ing to the development of the Subdivision Plat and construction
of housing as well as support facilities.
10. Planning Board Conditions:
A. The conditions set forth in the resolution,of
the Planning Board as supplemented by the minutes of the public
hearing of the Planning Board 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 comple-
mentary unless inconsistent, in which instance the conditions
imposed by this resolution shall be given priority.
11. Restrictive Covenants:
A. Prior to signing of the subdivision 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.
Seconded by: Councilwoman Mills
Roll Call Vote: 4 Ayes 0 Nays
Before the resolution was adopted there was discussion on
various amendments to be made and all agreed to these changes"
including the members of the Town Board, the Attorney and Mr.
Fanuele, Chairman of the Planning Board.
Mary Schmalz, being recognized by the Chair, asked who prepared
the Environmental Impact Statement on this subdivision and was
told it was done by the developer's engineer who submitted it
to the Chairman of the Conservation Advisory Council who re-
viewed it. She then asked if all requirements set down by the
Judge at the water hearings had been fulfilled and if all homes
were supplied with meters which was another requirement.
Mrs. Schmalz was confused about the open space and how they
were treating this ---would it be open to the public, who would
own it? It was explained that this park district would be for
the use of residents of that subdivision and they would be paying
toward its upkeep, however the land would be deeded to the
Town. It would be treated as a special district and available
only to the residents in that district. As far as; the developer
supplying recreation on a town -wide basis, it had been previously
agreed that he would upgrade the present recreation land in that
area. The Engineer and Highway Superintendent would determine
the work to be done with the approval of the Recreation Commis-
sion. The area designated was on the corner of Reggie Drive
and Spook Hill Road. This had all been discussed and approved
at the public hearing held by the Planning Board.
A request was received from Joe Ennesser to hold a Softball
Game and Beer Party at Robinson Lane on August 28, 1981 from
5:30 P.M. to 10:00 P.M. He stated that he would be responsible
for all activities conducted in a proper manner and the field
cleared and left in the condition it was found in.
Mrs. Schmalz, being recognized by the Chair, said she was a
member of the Recreation Commission and it was the first time
she had heard of this request. It was pointed out that although
Mr. Ennesser was the Director of the Recreation Commission, he
was asking this as a private citizen and pursuant to our Local
Law on the consumption of alcoholic beverages in a public place,
approval must be given by the Town Board for an exemption
this law.
MR. DIEHL moved that permission be granted for Mr. Ennesser
to have the Game and Beer Party at Robinson Lane on August 28,
1981 from 5:30 P.M. to 10:00 P.M. and that he notify the State
Police of this event and be responsible for the activities
being conducted properly and the field cleaned up before they
leave.
Seconded by Mr. Johnson
from
Mr. Joel Hanig, attorney representing the Pondview Subdivision
was present to request two building permits for this subdivision;
this had been tabled from the regular meeting to make sure all
requirements had been fulfilled. A letter was received from
the Highway Superintendent stating that all the work had been
done on Mina Drive with the exception of the placing of the
monuments. He further said that if the Board approved these
two permits, they must be on the portion of road that is black -
topped and if Lots #95 and #6 were released, provision must be
made for a temporary turn around. The fee of $4,000 per lot
must also be submitted before the permits were issued. Mr.
Hanig addressed the Board and asked for a third permit since
they had a buyer for that lot and were ready to proceed. His
client agreed to all the conditions.
MR. JOHNSON moved that permission be granted to issue building
permits for Lots #95, 97 and 6, subject to the previous agree-
ment made with the Town Board that $4,000 per lot be deposited
with the Town (total of $12,000), the road monuments be in
place and a temporary turn around be provided as stated by the
Highway Superintendent.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Lapar arrived at 7:45 P.M.
A request from the Pawling Savings Bank for a building permit
for Lot #100 in the Pondview Subdivision had been tabled from
the regular meeting for review and recommendation by the Attorney
and was now placed before the Board for their consideration.
MR. JOHNSON moved that the building permit for Lot ##100 in the
Pondview Subdivision, owned by the Pawling Savings Bank, be
approved, based on the fact that this lot had received prior
approval.
Seconded by Mr. Versace
Motion Unanimously Carried
MRS. MILLS moved to close the Special Meeting, seconded by
Mr. Johnson and unanimously carried.
The meeting closed at 7:50 P.M.
akatolk.
Elaine H. Snowden
Town Clerk
Spl. Mtg. 8/24/81