2008-12-01
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TOWN OF WAPPINGER
PLANNING BOARD
DISTRIBUTION
SUBDIVISION. SIGNED RESOLUTION & FILED MAP
FILED MAP # 10889A
DISTRIBUTED FOR YOUR RECORDS
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PROJECT NAME: Airport View Commons Subdivision
DATE PREPARED: August 7, 2009
RESOLUTION WITH APPROVED PLANS:
2 CERTIFIED COPIES & 6 copies of filed map
X TOWN FILE - Certified Map
-1L TOWN CLERK - Original Resolution & Certified Map
X TOWN ENGINEER
X TOWN PLANNER
X BUILDING INSPECTOR
X HIGHW A Y SUPERINTENDENT
X DUTCHESS 911 ADDRESSING OFFICE
2L ZONING ADMINISTRATOR
RESOLUTION ONLY:.
-1L RESOLUTION FILE
-1L TOWN ATTORNEY
-1L TOWN BOARD
-1L TOWN SUPERVISOR
-1L TOWN ASSESSOR
L FIRE PREVENTION BUREAU
-1L APPLICANT
-1L APPLICANT'S ENGINEER/ ARCHITECT
2L DUTCHESS COUNTY SOIL & WATER
X CENTRAL HUDSON - EASEMENT/UTILITY PAGE
RECREA TION
DC DEPT. OF PUBLIC WORKS (COUNTY ROAD)
DEPT. OF TRANSPORTATION (STATE ROAD)
VILLAGE OR TOWN
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RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
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RE: AIRPORT VIEW COMMONS SUBDIVISION -
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION 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 _1 st_ day of December 2008 at 7:00 P.M.
The meeting was called to order by Chairman Victor Fanuele and upon roll being
called, the following were:
PRESENT: Chairman
Boardmembers
Victor Fanuele
William Kickham
Marsha Leed
Lori McElduff
Eugene Pinto
Robert L. Valdati
June Visconti
The following resolution was moved by Mr. Robert Valdati and seconded by
Ms. June Visconti.
WHEREAS, the Town of Wappinger Planning Board received an application of
Bre-Del Enterprises, Inc. (the "Applicant") on behalf of Dutchess Airport Realty, LLC (the
"Owner") for a subdivision plat approval to subdivide one :t3.99-acre parcel of land into
two commercial lots of :tl.36 acres (Parcel A) and :t2.63 acres (Parcel B) in size (the
"Project" or "Proposed Action"); and
WHEREAS, the subject property is known as tax lot 6259-04-531328 on the Town
Tax Assessment Maps and is located on the easterly side of Route 376 approximately 250
feet south of Airport Drive and Route 376 intersection in the General Business (GB) Zoning
District (the "Subject Property" or "Site"); and
WHEREAS, the Applicant has submitted an application for Preliminary Subdivision
Plat Approval, dated August 20, 2008, Final Subdivision Plat Approval, dated August 20,
2008, an Owner Consent Form dated August 20, 2008, a Short Environmental Assessment
Form (EAF) dated August 20, 2008, and the following plan entitled "Subdivision for
Airport View Commons," dated July 31,2008 and prepared by Barger and Miller; and
AIRPORT VIEW COMMONS SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL
WHEREAS, the proposed action does not involve any physical activity on either
property at this time; and
WHEREAS, proposed Parcel B will continue to house the existing septic fields for
the Assisted Living Facility located on the west side of Route 376 across from the Subject
Property; and
WHEREAS, the above mentioned septic fields on proposed Parcel B were approved
by the Planning Board on September 8, 1999 as part of a Special Use Permit and Site
Development Plan Approval, and received final approval from the Dutchess County Health
Department on March 3, 2000; 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, the Planning Board determined that the Project is an Unlisted action
with respect to SEQR and WEQR; and
WHEREAS, a duly advertised public hearing on the Preliminary Plat was held on
November 17,2008 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 hearing was closed on that date; and
WHEREAS, a public hearing on the Final Plat will not be held because the Final Plat
is in substantial conformance with the Preliminary Plat.
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 State Environmental Quality Review regulations, the Planning Board
hereby adopts a Negative Declaration on the grounds that the proposed action does
not involve any physical activity and will not result in any significant adverse
environmental impacts.
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, since the subject subdivision does not
involve any residential lots.
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AIRPORT VIEW COMMONS SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL
4. The Planning Board hereby grants both Preliminary and Final Subdivision Plat
Approvals for the project as herein defined, 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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The Applicant and Owner shall endorse a copy of this resolution and submit
it to the Planning Board for its files.
The Applicant shall prepare a final subdivision plat in accordance with
Section A-5 of the Town of Wappinger Land Subdivision Regulations.
The Applicant shall submit a statement signed by the Town's Tax Collector
that all taxes due on the Property have been paid in full.
The Applicant shall comply with the comments contained in the Town
Engineer's October 2, 2008 memorandum, and any subsequent memoranda,
to the Planning Board, to the satisfaction of the :;rownEn~.
The Applicant should obtain a letter from the Dutchess County Department
of Health confirming the reputed location of septic system on Parcel B to
the satisfaction of the Town Engineer.
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The subdivision plat shall be revised so as to show a driveway for Parcel B,
from Route 376 to the vicinity of the distribution box for the septic field, to
the satisfaction of the Town Engineer.
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The subdivision plat shall be revised so as to indicate that the proposed
drainage easement on Parcel B is in favor of Parcel A, to the satisfaction of
the To~~.
5. No site development plan for proposed Parcel A is being approved as part of this
Preliminary and Final Subdivision Plat Approval.
6. 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.
7. In accordance with the Town's Schedule of Fees, the Owners shall be respgnsible 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 Owners
to-date. Such fees shall be paid within thirty (30) days of the notification to the
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AIRPORT VIEW COMMONS SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL
Owners 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.
8. The Planning Board Chairman shall endorse a copy of this resolution certifying its
correctness. The Owner and Applicant shall also sign a copy of this resolution after
it has been initially endorsed by the Chairman acknowledging receipt of a copy of
the resolution. When all of the conditions set forth in the conditions above have
been satisfied, a copy of the final subdivision plat, revised as necessary, shall be
submitted for endorsement by the Planning Board Chairman, certifying that the plans
comply with the terms of this resolution, at which time, the Chairman shall also
endorse this resolution.in the space provided below, certifying that the Owner and/or
Applicant have complied with the above conditions of approval and that the Final
Plat is authorized for filing with the County Clerk, Division of Land Records.
The question of adoption of the foregoing resolution was duly put toa vote on roll call,
which resulted as follows:
Victor Fanuele, Chairman
William Kickham
Marsha Leed
Lori McElduff
Eugene Pinto
Robert L. Val dati
June Visconti
Voting: Aye.
Voting: Absent.
Voting: Aye.
Voting: Aye.
Voting: Aye.
Voting: Aye.
Voting: Aye.
The resolution is hereby duly declared adopted.
Dated: December 1. 2008
Wappingers Falls, New York
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Victor Fanuele, Chairman
Town of Wappinger Planning Board
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Bre-Del Enterprises, Inc., the "Applicant"
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AIRPORT VIEW COMMONS SUBDIVISION
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL
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Dutchess Airport Realty., LLC, the "Owner"
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Date
The following endorsement hereby confirms that the Owner and/or Applicant have fulfilled
all of the conditions of this Resolution of Preliminary and Final Subdivision Plat Approval
and authorizes the filing of the Final Subdivision Plat with the County Clerk, Division of
Land Records.
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Victor Fanuele, Chairman
Town of Wappinger Planning Board
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Date
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