1994-06-20
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
6-21-94
RE: ZYWOTCHENKO/ALPINE SUBDIVISION - 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 20th day of
June, 1994, at 7:30 P.M.
The meeting was called to order by Chairman Donald Keller, and
upon roll being called, the following were:
PRESENT: Chairman
Donald Keller
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Vice Chairman
William Parsons
Boardmembers
Phil Dinonno
1JUN 2 ,:; I q '1'1
Michael P. FranzesfONINO ADMINISTRATOR
George Grimshaw
Hugo Musto
Chris Simonetty
The following resolution was moved by WILLIAM PARSONS
and seconded by MICHAEL FRANZESE
WHEREAS, the Town of Wappinger Planning Board received the
application of The Alpine Company of Poughkeepsie for Preliminary
Subdivision Plat Approval of a 2-1ot subdivision involving a 3.025
acre parcel of land owned by Mary Zywotchenko located within the R-
20 zoning district; and
WHEREAS, the property is located along the west side of Losee
Road approximately 900 feet north of the intersection with Succich
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Place and known as Tax Lot 19-6157-813768 on the Town Tax
Assessment; and
WHEREAS, the Applicants have submitted a Short Environmental
Assessment Form and the following one sheet of plans:
1. Sheet 1 of 1 - "Two-Lot Subdivision Plan For Zywotchenko"
dated 4/29/94, revised 5/19/94, prepared by Gray Railing &
Heinsman; and
WHEREAS, the SUbdivision/land transfer would transfer 3,125
square feet to the adjacent parcel to the south known as Now of
Formerly Robbins and Tax Lot 19-6157-02-825736 and a 40,507 square
foot parcel to the adjacent property to the west known as Now or
Formerly Alpine Company of Poughkeepsie and Tax Lot 19-6157-02-
707773; and
WHEREAS, the purpose of the land transfers is to settle
encroachments on the subject properties which occurred as a result
of the construction of a potable water service line from Losee Road
to the Alpine property; and
WHEREAS, no new building lots would be created and no
construction is proposed; and
WHEREAS, the Planning Board is familiar with the site and all
aspects of the proposed action and has been satisfied that the
proposed subdivision will conform to the requirements of the Zoning
Law; and
WHEREAS, the proposed SUbdivision/land transfer would correct
encroachments upon the subject properties; and
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WHEREAS, a duly advertised public hearing was held on June 20,
-
1994 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, the Planning Board hereby adopts a Negative
Declaration on the grounds that the proposed action will not
result in any significant environmental impacts as there would
be no construction or physical changes resulting from the
proposed action.
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 due to the nature of the
application, the final plat is not substantively changed from
the preliminary plat and that the recommended modifications to
the plat would not elicit any further public interest or
comment, and the Planning Board therefore hereby waives the
requirement for a public hearing on the final plat.
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5. Because no new building lots will be created and no
construction is proposed, the Planning Board hereby waives the
requirement to prepare an integrated plot plan which
identifies the physical features of the property and which
demonstrates the ability to develop the property in accordance
with the requirements of the Zoning Law.
6. 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 Property Owners and Applicant shall endorse a copy of
this resolution and submit it to the Planning Board for
its files.
B. The Applicant shall submit the final plat to the Dutchess
County Department of Health for its review, approval and
signature.
C. The Applicant shall prepare a final subdivision plat in
accordance with Section A-5 of the Town of Wappinger Land
Subdivision Regulations.
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.
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D. The Applicant shall submit a statement signed by the
Town's Tax Collector that all taxes due on the subject
parcels have been paid.
E. The zoning district boundaries shall be shown on the
subdivision plat.
F. The plat shall be revised to include the appropriate
signature blocks for the owners of the adjacent lots to
which the parcels of land will be added.
G. The plat shall be revised to identify the surveyed
location of the water line and easement through the
adjacent lots.
H. No building permit shall be issued for the remaining
untransferred 2-acre parcel of land owned by Mary
Zywotchenko prior to the property owner obtaining, and
submitting written verification to the Zoning
Administrator of, Dutchess County Health Department
approval for sewer and water facilities for said lot.
7. 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
Applicant 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
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Planning Board, this resolution shall be rendered null and
void.
The question of adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Donald Keller, Chairman Voting: AYE
William Parsons, Vice Chairman Voting: AYE
Phil Dinonno Voting: AYE
Michael Franzese Voting: AYR
George Grimshaw Voting: AYF.
Hugo Musto Voting: AYE
Chris Simonetty Voting: AYE
The resolution is hereby duly declared adopted.
Dated:
June 20, 1994
Wappingers Falls, New York
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Date I
Board
7 //~ /97/
Date (
Property Owner
The Alpine Company 0
Property Owner/Appli
500\wap4-092.dkw
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