Untitled
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TOWN OF WAPPINGER
PLANNING BOARD
DISTRIBUTION
SUBDIVISION - SIGNED RESOLUTION & FILED MAP
FILED MAP # 12108
PROJECT NAME:
BRH Realty Subdivision
DA TE PREPARED:
November 30, 2007
DISTRIBUTED FOR YOUR RECORDS
RESOLUTION WITH APPROVED PLANS:
2 CERTIFIED COPIES & 6 copies of filed map
lL TOWN FILE - Certified Map
l TOWN CLERK - Original Resolution & Certified Map
lL TOWN ENGINEER
lL TOWN PLANNER
lL BUILDING INSPECTOR
lL HIGHWAY SUPERINTENDENT
lL DUTCHESS 911 ADDRESSING OFFICE
X- ZONING ADMINISTRATOR
RESOLUTION ONLY:_
SO N
TOWN ATTORNEY .
l TOWN BOARD
l TOWN SUPERVISOR
l TOWN ASSESSOR
l FIRE PREVENTION BUREAU
l APPLICANT
l APPLICANT'S ENGINEER I ARCHITECT
X- DUTCHESS COUNTY SOIL & WATER
lL CENTRAL HUDSON - EASEMENTIUTILITY PAGE
RECREATION
DC DEPT. OF PUBLIC WORKS (COUNTY ROAD)
DEPT. OF TRANSPORTATION (STATE ROAD)
VILLAGE OR TOWN
RECEIVED
DEe _. ~ 1'1,107
TOWN CLERK
. .
FREDERICK P. CLARK ASSOCIATES, INC.
Plan n i ng/DevelopmentJEnvi ronment/Transportation
Rye, New York and Fairfield, Connecticut
Oavid H. Stolman, AICP PP
Michael A. Galante
Joanne P Meder, AICP
350 Theodore Fremd Avenue
Rye, New York 10580
Oavid J. Portman, FAICP
(914) 967-6540. FAX (914) 967-6615
rOl (2 c--, 1'- -
Ln.:i LS ~ 2' Ii \\/ (-,'-"J
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To:
Town of Wappinger Planning Board
('cr, 0 ' -
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ZONING AOMINISTRA"rl)-~
TOWN OF WAPPINGER h
MEMORANDUM
Date:
August 31, 2007
Subject:
BRH Realty (Meadow View) 3-Lot Subdivision - Resolution of Final
Subdivision Plat Approval
Tax Lot 6257-03-162230
As requested, we have prepared the attached Resolution of Final Subdivision Plat
Approval.
We look forward to discussing this resolution with you at the upcoming meeting.
David H. Stolman, AICP, PP
President
Evren Ulker-Kacar
Associate/Planning
cc: Albert P. Roberts, Esq.
Joseph E. Paggi, Jr., PE
George A. Kolb, Jr.
Graham Foster
Tatiana Lukianoff
Richard G. Barger, PE, for Applicant
J :\DOCS2\500\ Wappinger\B RHrealty. 5 36. pm( final)3Iot.cover.euk.doc
Connecticut
(203) 255-3100
Hudson Valley
(845) 297-6056
Long Island
(516) 364-4544
email@fpclark.com
www.fpclark.com
9/5/07
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: BRH REALTY 3-LOT SUBDIVISION - RESOLUTION OF
FINAL SUBDIVISION PLA T 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 '5 day Of~, 2007 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 J. DiNonno
William Kickman
Marsha Leed
Regina Pace
Eugene Pinto
Ronald Roberts
Robert L. Val dati
by ~efO~~OIUlionwasmOVedbY 1;h. ~td:tL.
and seconded
WHEREAS, the Town of Wappinger Planning Board received an application from
Richard G. Barger on behalf of Phantom Hollow Equities (the "Applicant" and "Owner")
for final subdivision approval for the subdivision of one :I: 88-acre parcel of land into 3 lots
:I: 23.5 acres (Lot 1), :I: 16.0 acres (Lot 2), :I: 47.1 acres (Lot 3) in size (the "Project" or
"Proposed Action"); and
WHEREAS, the property is known as Tax Lot 6257-03-162230 on the Town of
Wappinger Tax Map and has frontage on Cedar Hill Road, Old Hopewell Road, Eck Road
and Lydia and Ada Drives, with the eastern approximately three-fourths of the property
zoned R-40 and the western one-fourth, R-80 (the "Site" or "Subject Property"); and
WHEREAS, a major (275'-wide) utility line right-of-way runs through the center of
the property in a roughly east-west direction; and
WHEREAS, the Applicant has submitted a Full Environmental Assessment Form
(Parts 1,2 and a Visual EAF addendum), transmittal response letters dated 03/07/07 and the
BRH REALTY 3-LOT SUBDIVISION
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
following 12 sheets of plans, dated 2/10/2003, last revised 11/27/2006 unless otherwise
noted, prepared by Richard G. Barger, Engineer and Surveyor, Wappingers Falls, NY:
1. Sheet 1 of 12, "Subdivision for B.R.H. Realty," revised 7/10/07,
2. Sheet 2 of 12, "Master Plan," revised 7/1 0/07,
3. Sheet 3 of 12, "Subdivision," revised 7/1 0/07,
4. Sheet 4 of 12, "Lot Layout," revised 7/10/07,
5. Sheet 5 of 12, "Lot Layout," revised 7/10/07,
6. Sheet 6 of 12, "Improvements - Eck Road Turning Circle," revised 7/10/07,
7. Sheet 7 of 12, "Details," revised 7/10/07,
8. Sheet 8 of 12, "Details," revised 7/10/07,
9. Sheet 9 of 12, "Health Department Notes and Details," revised 7/10/07,
10. Sheet 10 of 12, "Erosion Control and Grading Plan," revised 7/10/07,
11. Sheet 11 of 12, "Erosion Control and Grading Plan," revised 7/1 0/07,
12. Sheet 12 of 12, "Erosion Control and Grading Plan," revised 7/10/07; and
WHEREAS, the proposed lots will be served by municipal sewer and water; and
WHEREAS, the Property contains approximately 6.3 acres of Federal (ACOE)
wetlands and 22.5 acres ofNYSDEC wetlands; and
WHEREAS, the Army Corps of Engineers (ACOE) has been unable to confirm the
wetlands delineations in the Town of Wappinger in a reasonable and timely fashion; and
WHEREAS, in lieu of the ACOE and in the apparent absence of the need for an
individual permit from the ACOE, the services of a certified wetlands delineator other
than the ACOE was used to investigate and confirm the Applicant's wetlands delineation,
which has been subsequently confirmed by the Town Planning Consultants; and
WHEREAS, the Planning Board is familiar with the subject property and its
surroundings, and has reviewed the project in accordance with the recommendations of the
Town Comprehensive Plan, the standards for approval contained in the Zoning Law and the
Land Subdivision Regulations; and
WHEREAS, the Planning Board determined that the Subdivision will result in the
creation of two (2) new building lots; and
WHEREAS, the Planning Board determined that the Project is an Unlisted Action in
accordance with the State Environmental Quality Review Law; and
WHEREAS, the Subject Property received conditional Preliminary Subdivision Plat
Approval for a 7-10t subdivision on January 24, 2004 and conditional Final Subdivision
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BRH REALTY 3-LOT SUBDIVISION
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
Plat Approval therefor on July 17, 2006, but the conditions were not fulfilled and said
approval expired; and
WHEREAS, a duly advertised public hearing on the revised preliminary 3-10t plat
was held on April 2, 2007 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, the Planning Board adopted a Negative Declaration and granted
conditional Preliminary Subdivision Plat Approval for the 3-10t subdivision on April 13,
2007.
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. The Planning Board hereby finds that the final plat has not been substantively
changed from the preliminary plat and that a public hearing on the final plat is not
required.
3. The Planning Board hereby grants Final Subdivision Plat Approval for a 3-10t
Subdivision 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:
G
(0
The 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
Appendix A, 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 subject property have been paid.
c9
G Given that the Applicant previously paid a recreation fee in connection with
_J) the above mentioned 7-lot subdivision which expired, and given that the
0,0\1 Project is now a 3-10t subdivision, the Planning Board shall determine
t7~~ whether. a refund of some portion of the previously paid recreation fee is
v 11 approprIate.
~
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BRH REALTY 3-LOT SUBDIVISION
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
9.-.-.
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The Applicant shall revise the plans to address all comments contained in the
Town Engineer's August 3, 2007 memorandum to the Planning Board, to the
satisfaction of the Town Engineer.
The Applicant shall submit all appropriate and required forms and documents
including conservation and other easements, the offer(s) of deaication,
certification of the length of the roads, cost es' ates and p~rformance and
maintenance bonds, all to the satisfaction oft Town ~nd the Town
Attorney.
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4. Temporary and permanent stormwater facilities shall be repaired as needed to
ensure that they function properly throughout the duration of the construction
process.
5. The Owner shall be required to remedy promptly, as reasonably required by the
Town Building Inspector, Town Engineer, Town Highway Superintendent, or
other authorized agent of the Town of Wappinger, any material failure of erosion
control measures or stormwater facilities before additional site area may be
exposed.
6. The Town Building Inspector, Town Engineer, Town Highway Superintendent, or
other authorized agent of the Town of Wappinger will have the authority to require
and the Applicant reserves the right to place additional erosion control measures
on an as-needed basis.
7. The Fire Prevention Bureau and/or the Fire Inspector shall inspect the premises, and
evidence of their satisfaction shall be submitted to the Town Zoning Administrator.
8. 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.
9. 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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BRH REALTY 3-LOT SUBDIVISION
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
10. The Planning Board Chairman shall endorse a copy of this resolution certifYing its
correctness. The Applicants shall also sign a copy of this resolution after it has been
initially endorsed by the Chairman acknowledging his receipt of a copy of the
resolution. When all of the conditions as set forth 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 applicants has 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 to a vote on roll call,
which resulted as follows:
Philip J. DiN onno, Chairman
William Kickman
Marsha Leed
Regina Pace
Eugene Pinto
Ronald Roberts
Robert L. Val dati
Voting:
Voting:
Voting: '
Voting: /.
Voting:
Voting:
Voting:
The resolution is hereby duly declared adopted.
Dated:
September 5, 2007
Wappingers Falls, New York
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//-/ c; -C//
Date
li.obert L. Valda . aIrman
Town of Wappinger Planning Board
~t/{) :7
Date
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BRH REALTY 3-LOT SUBDIVISION
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
The following endorsement hereby confirms that the Applicants have fulfilled all of the
conditions of this resolution of Final Subdivision Plat approval necessary for endorsement
and filing of the Subdivision Plat with the County Clerk Division of Land Records.
~~J:':L
Robert L. Valda i Chairman
Town of Wappinger Planning Board
/d~t
Date
J :\DOCS2\500\ W appinger\BRHrealty .536. pm( final)3Iot.euk .doc
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