Resolution
'RECEIVED
JUN 1 6 1998
RESOLUTION
ELAINE SNOWDEN TOWN OF WAPPINGER PLANNING BOARD
TOWN CLeRK
RE: ACKER SUBDMSION - RESOLUTION OF PRELIMINARY AND FINAL
SUBDMSIONPLAT APPROVAL
4/23/98
At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess
County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York
on the 16th day of March 1998, at 7:30 P.M.
The meeting was called to order by Chairman Philip 1. DiNonno and upon roll being
called, the following were:
PRESENT: Chairman
Boardmembers
Philip 1. DiNonno
Michael P. Franzese
George Grimshaw
William Parsons
June Visconti
Robert Walker
ABSENT: Boardmembers
Hugo Musto
The following resolution was moved by Mr. Franzese and seconded by Mr. Parsons.
WHEREAS, the Town of Wappinger Planning Board received an application from
Bill Acker (the "Applicant" and "Property Owner") for the subdivision of one (1) 3.93 acre
parcel of land into two (2) lots of 2.42 acres (Lot 1) and 1.51 acres (Lot 2) in size~the
"Project" or "Subdivision"); and
WHEREAS, the subject property (the "Property") is known as Tax Lot 19-6257-04-
816023 on the Town Tax Assessment Map; and
WHEREAS, the subject property is located on the west side of Forest View Terrace
(formally Curran Terrace) approximately 750 feet southeast of the intersection of Forest View
. Terrace and McCullough Terrace in the Town of Wappinger, Dutchess County, New York
and is zoned R-40, Residential District; and
OR\G\~~\..
, ,
ACKER SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL PLAT AFPROV AL
WHEREAS, the Applicant has submitted a Short Environmental Assessment Form
and the following plan prepared by Day, Oswald, & Gillespie, Hopewell Junction, NY:
1. "Two (2) Lot Residential Subdivision to be Known as Acker Subdivision", dated
1/16/98, last revised 3/4/98; and
WHEREAS, each proposed lot contains an existing residence with associated septic
disposal system and driveway; and
WHEREAS, the residence on the second lot is a one-room cottage; and
WHEREAS, the Planning Board found that the proposed 2-lot subdivision would
result in the creation of one (1) new building lot; and
WHEREAS, the Planning Board is familiar with the subject property and its
surroundings, and has reviewed. the project in accordance with the standards for approval
contained in the Zoning Law and the Land Subdivision Regulations; and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law,
Part 617 NYCRR, and Local Law No.6 of 1992 of the Town of Wappinger, the Planning
Board determined that the subject action was an Unlisted action; and
WHEREAS, a duly advertised public hearing was held on March 16, 1998 at the
Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all
those wishing to be heard were given the opportunity to be heard and the public hearing was
closed on that date;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Planning Board hereby adopts and incorporates the recitations and statements set
forth above as if fully set forth and resolved herein.
2. Pursuant to local and State Environmental Quality Review regulations, th~ Planning
Board hereby adopts a Negative Declaration on the grounds that the proposed action
will not result in any significant environmental impacts since only one (1) new
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ACKER SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL PLAT APPROVAL
building lot will be created and there would be no construction or physical changes
resulting from the proposed action.
3. The Planning Board hereby finds that, pursuant to Section 5.514 of the Town's Land
Subdivision Regulations, a proper case does not exist for requiring additional
parkIands be suitably located for playground and other recreational purposes within
the Town of Wappinger since less than six building lots would be created, and that
neither the dedication of land nor a fee in lieu of land will be required.
4. The Planning Board hereby finds that the final plat will not be substantively changed
from the preliminary plat and hereby waives the requirement for a public hearing on
the final plat.
5. The Planning Board hereby grants both Preliminary and Final Subdivision Plat
Approvals to the Applicant subject to the following conditions and modifications
which must be satisfied prior to the signing of the final plat by the Chairman of the
Planning Board:
a. The Owner shall endorse a copy of this resolution and submit it to the Planning
Board for its files.
b. The Applicant shall obtain the review, approval and signature of the Dutchess
County Department of Health.
c. The legend shall be revised to clearly differentiate between existing and
proposed well locations to the satisfaction of the Town Engineer.
d. The Zoning Data Chart shall be revised to include proposed information for
each parcel.
e. A map and deed describing the transfer of land from the property owner to. the
Town of Wappinger of all lands within 25' of the center line of the existing
paved way known as Forest View Terrace shall be prepared and fil~d to the
satisfaction of the Planning Board, Town Board, Town Engineer, and Town
Attorney.
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ACKER SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL PLAT APPROVAL
f. The Applicant shall prepare a final subdivision plat in accordance with Section
A-5 of the Town of Wappinger Land Subdivision Regulations.
g. The Applicant shall submit a statement signed by the Town's Tax Collector that
all taxes due on the subject property have been paid.
Conditional approval of the final plat shall expire one hundred eighty (180) days from
the date of this resolution unless all requirements have been certified as completed or
unless a written request for an extension of Final Subdivision Plat Approval (not to
exceed two (2) ninety (90) day periods) is granted
6. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for
the payment of all application review fees incurred by the Planning Board in review of
this Project which are in excess of the application review fees paid by the Applicants
to-date. Such fees shall be paid within thirty (30) days of the notification to the
Applicant that such fees are due. If such fees are not paid within this thirty (30) day
period and an extension therefor has not been granted by the Planning Board, this
resolution shall be rendered null and void. Refunds of any remaining funds within the
escrow account for the applications will not be made until six (6) months after the
filing of the subdivision plat.
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ACKER SUBDMSION
RESOLUTION OF PRELIMINARY AND FINAL PLAT APPROVAL
>>
The question of adoption of the foregoing resolution was duly put to a vote on roll call, which
resulted as follows:
Philip J. DiNonno, Chairman
Michael Franzese
George Grimshaw
Hugo Musto
William Parsons
June Visconti
Robert Walker
Voting: AYE
Voting: AYE
Voting: AYE
Voting: ABSENT
Voting: AYE
Voting: AYE
Voting: AYE
The resolution is hereby duly declared adopted.
Dated:
March 16, 1998
Wappingers Falls, New York
p~~~
Town of Wappinger Planning Board
6~0"
Date /
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Bill Acker, Property Owner
S-/IJ/rf/
Date
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