1998-02-25
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
2/25/98
RE: SATELLITE INVESTMENTS/AIRPORT BUSINESS CENTER II
SUBDMSION - RESOLUTION OF PRELIMINARY AND FINAL
SUBDIVISION PLAT APPROVAL
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 2nd day of March 1998, at 7:30 P.M.
The meeting was called to order by Chairman Philip J. DiNonno and upon roll being
called, the following were:
PRESENT: Chairman
Boardmembers
Philip J. DiNonno
Michael P. Franzese
George Grimshaw
Hugo Musto
William Parsons
June Visconti
Robert Walker
The following resolution was moved by -f/;- ~.AI~e~L--' and seconded
by ~ 77)/J~5
WHEREAS, the Town of Wappinger Planning Board received an application from
Frank Buyakowski of Satellite Investments (the "Applicant" and "Property Owner") for the
subdivision of one (1) 149.1 acre parcel of land into,three (3) lots of 10.004 acres, 24.079
acres and 115.02 acres in size (the "Project" or "Subdivision"); and
WHEREAS, the subject property (the "Property") is known as Tax Lot 19-6259-02-
623462 on the Town Tax Assessment Map; and
WHEREAS, the subject property is located at the end of Airport Drive in the Town
of Wappinger, Dutchess County, New York and is zoned AI - Airport Industrial; and
WHEREAS, the Applicant has submitted a Short Environmental Assessment Form
and the following plan prepared by Gray, Railing and Heinsman:
OR\G\N1\L
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SATELLITE INVESTMENTS/AIRPORT BUSINESS CENTER II SUBDIVISION
RESOLlITION OF PRELIMINARY AND FINAL PLAT APPROVAL
1. "Airport Business Center - Section II", dated 8/26/93, last revised 1/6/98; and
WHEREAS, the Planning Board granted preliminary and final plat approval for a
very similar subdivision of this property by resolution dated November 1, 1993; and
WHEREAS, subdivision plat was never completed and filed in accordance with the
resolution of approval and has since expired; and
WHEREAS, the proposed subdivision is exactly the same as that approved on
August 18, 1997; and
WHEREAS, the Property was created from a previous subdivision which required
the Property Owner to construct the extension of Airport Business Center Drive to County
Route 11 at the direction of the Town Board; and
WHEREAS, the Project would not involve the construction of any public
improvements at this time, but will preserve the 100-foot wide right-of-way for future road
extension irrevocably offered in fee to the Town of Wappinger and the condition of the
prior subdivision approval that the Town Board by resolution may also require the property
owner, or his assigns, to construct a portion of the road extension, subject to a written
agreement between the property owner and the Town; and
WHEREAS, the Applicant has proposed a method of ensuring the construction of a
portion of said road extension, if and when it is deemed necessary, to the satisfaction of the
Wappinger Town Board and the Town Attorney; and
WHEREAS, the Property was created from a previous subdivision which involved
the dedication of land to the Town of Wappinger for recreation purposes, which dedication
satisfied the recreation requirements for the subject parcel ofland; 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
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SATELLlfE INVESTMENTS/AIRPORT BUSINESS CENTER II SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL PLAT APPROVAL
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 detennined that the subject action was an Unlisted action; and
WHEREAS, a du1y advertised public hearing was held on March 2, 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 regu1ations, the Planning
Board hereby adopts a Negative Declaration on the grounds that the proposed action
will not resu1t in any significant environmental impacts as there wou1d be no
construction or physical changes resu1ting from the proposed action and there has been
a suitable agreement to the satisfaction of the Town Board and the Town Attorney as
to the construction of a portion of the road extension.
3. The Planning Board hereby finds that a proper case does not exist for requiring that
additional parklands be suitably located for playground and other recreational purposes
within the Town of Wappinger and therefore neither land nor a fee in lieu of land for
recreational purposes will be required.
4. The Planning Board hereby finds that the final plat will not be substantively changed
from the prelimimuy 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:
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SATELLITE INVESTMENTS/AIRPORT BUSINESS CENTER II SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL PLA T APPROVAL
\ 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 Applicant shall prepare a final subdivision plat in accordance with
Section A-5 of the Town of Wappinger Land Subdivision Regulations.
\ d. The Applicant shall submit a statement signed by the Town's Tax Collector
that all taxes due on the subject property have been paid.
\ e. The Applicant shall prepare and submit a Road Extension Agreement in favor
of the Town of Wappinger for the purposes expressed above to the
satisfaction of the Town Board and the Town Attorney.
"'f. A note shall be added to the plat referencing the agreement between the Town
and the Applicant regarding the construction and financing of the road
extension, to the satisfaction of the Town Attorney.
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
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SATELLITE INVESTMENTS/AIRPORT BUSINESS CENTER II SUBDMSION
RESOLUTION OF PRELIMINARY AND FINAL PLAT APPROVAL
funds within the escrow account for the applications will not be made until six (6)
months after the filing of the subdivision plat.
The question of adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Philip 1. DiNonno, Chairman
Michael Franzese
George Grimshaw
Hugo Musto
William Parsons
June Visconti
Robert Walker
Voting:
Voting:
Voting:
Voting:
Voting:
Voting:
Voting:
The resolution is hereby duly declared adopted.
Dated:
March 2, 1998
Wappingers Falls, New York
u~~
Philip 1. DiNonno, Chairman
Town of Wappinger Planning Board
3/9/9%
Date'
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