1993-08-16
, RESOLUTION
TOWN OIfWAPPIBGER PLANNING BOARD
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BROOKVALE SUBDIVISION - AMENDMENT OF RESOLUTION OF PRELDfINARY
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 16th day of August 1993, 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
Vice Chairman
William Parsons
Boardmembers
Phil DiNonno
Michael Franzese
Hugo Musto
Chris Simonetty
ABSENT:
John Perillo
The following resolution was moved by William Parsons
and seconded by Michael Franzese
WHEREAS, the Town of Wappinger Planning Board received an application from
Mr. Nathan Spells of Norazamt for preliminary subdivision approval to divide an
89.5 acre parcel of land into 94 single family building lots; and
WHEREAS, the applicant had submitted a plan entitled "Average Density
Subdivision 'Brookvale', Town of Wappinger, Dutchess
RECEIVED
AU6 f 8 1193
ELAINE SNOWDEN
TOWN CLeRK
County, New York", prepared by Richard G. Barger, PE and LS, dated
5/12/83, last revised 4/9/84; and
WHEREAS, at the time of application the subject property was
known as Tax Lot 19-6257-01-260870 on the Town Tax Assessment Map
and located along the east side of Spook Hill Road, opposite Reggie
Drive in the Town of Wappinger, Dutchess County, New York was zoned
at the time of application R-20 and R-40; and
WHEREAS, the Applicant proposed an average density subdivision
in accordance with the provisions of Section 281 of Town Law; and
WHEREAS, the proposed subdivision would involve the
construction of approximately 6,400 linear feet of new public road
and water and sewer lines; and
WHEREAS, the Town of Wappinger Planning Board granted
preliminary subdivision plat approval for the proposed average
density subdivision by resolution dated April 27, 1984 (the
"original approval"); and
WHEREAS, the original approval was conditioned upon numerous
improvements and modifications to the plat and other conditions
including completion of a Full Environmental Assessment Form and
completion of the SEQR process prior to submittal of an application
for final subdivision approval; and
WHEREAS, the Applicant submitted a Full Environmental
Assessment Form and additional information; and
WHEREAS, in accordance with Article 8 of the Environmental
Conservation Law, Part 617 NYCRR, and Local Law No. 6 of 1992 of
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the Town of Wappinger, the Planning Board determined that the
subject action was a Type I action; and
WHEREAS, the Planning Board was established as the lead agency
for the proposed action; and
WHEREAS, the Planning Board circulated a Notice of
Determination of Significance dated January 13, 1989 in which the
Planning Board made a Positive Declaration and thereby required
that a Draft Environmental Impact Statement be prepared based upon
the determination that the proposed action may have a significant
adverse impact upon traffic, drainage, stormwater runoff,
recreation, and other areas; and
WHEREAS, a Draft Environmental Impact Statement dated June 30,
1989 was accepted by the Planning Board with respect to scope,
content and adequacy on August 14, 1989; and
WHEREAS, a duly advertised public hearing was held on
September 25, 1989 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; and
WHEREAS, a Final Environmental Impact Statement dated March I,
1990, last revised March I, 1992, including two addenda dated
October 19, 1992 and November 3, 1992, respectively, were accepted
by the Planning Board on December 7, 1992 and comments were
accepted until January 3, 1993; and
WHEREAS, during the course of the preparation of the Draft and
Final Environmental Impact Statements the Applicant prepared and
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submitted the following ten sheets of plans prepared by Gray,
Railing and Heinsman:
1. "Brookvale", dated November 10, 1989, no revisions, prepared
at the scale of 1" = 100', plat indicating existing
topography, lot and road alignments including conceptual house
locations, driveways, drainage and road dedications including
area maps;
2. "Grading Plan Brookvale", dated November 10, 1989, scale l' =
100' ;
3. "Brookvale Erosion Control Plan", dated November 10, 1989,
scale 1" = 100';
4. "Brookvale Road A", dated June 6, 1990, scale 1" = 5'
vertical, 1" = 50' horizontal;
5. "Brookvale Road A", dated June 6, 1990, scale 1" = 5'
vertical, 1" = 50' horizontal, road section station 1,500 to
2,250;
6. "Brookvale Road B", dated June 6, 1990, scale 1" = 5'
vertical, 1" = 50' horizontal;
7. "Brookvale Road B", dated June 6, 1990, scale 1" = 5'
vertical, 1" = 50' horizontal;
8. "Brookvale Road C", dated June 6, 1990, scale 1" = 5'
vertical, 1" = 50' horizontal;
9. "Brookvale Road 0", dated June 6, 1990, scale 1" = 5'
vertical, 1" = 50' horizontal;
10. "Brookvale - Soil Erosion Control and Sedimentation Plan" ,
dated January 22, 1990, unrevised; and
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WHEREAS, said plans have not been reviewed for specific
compliance with the Town of Wappinger Land Subdivision Regulations
and final engineering design and will require such review prior to
final plat approval; and
WHEREAS, the Planning Board adopted a Statement of Findings
dated March 16, 1993; and
WHEREAS, a public hearing was held on the originally approved
preliminary plat April 9, 1984; and
WHEREAS, the Planning Board determined that the plans prepared
in support of the Environmental Impact statements were in
substantial agreement with the preliminary plat approved in 1984
and that a new public hearing was not required for preliminary
approval; and
WHEREAS, in 1984 approximately 17.7 acres of the subj ect
property was located within the R-20 District and the remaining
70.8 acres were located in the R-40 District; and
WHEREAS, in 1990 the property was subsequently rezoned so that
the entire 89.5-acre parcel of land is now located within the R-40
Zoning District; and
WHEREAS, in accordance with Section 411.82 of the Town of
Wappinger Zoning Law, the subject subdivision application is exempt
from the more restrictive minimum lot area requirements adopted by
Local Law No. 5 of 1990.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
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1. The Planning Board hereby adopts and incorporates the
recitations and statements set forth above as if fully set forth
herein; and
2. The Planning Board hereby reaffirms the original
preliminary subdivision plat approval subject to the following
conditions and modifications which shall supersede and replace the
conditions and modifications of the original resolution of
preliminary subdivision plat approval dated April 27, 1984:
A. The Applicant shall prepare a final subdivision plat and final
construction plans in accordance with Section A-5 and Section
A-6 of the Town of Wappinger Land Subdivision Regulations and
the submittal of an application for Final Plat Approval, or a
written request for an extension of Preliminary Plat Approval,
within one year of the date of this resolution.
B. Upon submission of an application for final plat approval, the
Applicant shall undertake the following:
(1) The Applicant shall revise all plans to indicate the tax
lot numbers for the subject lots as assigned by the Town
Tax Assessor.
(2) A note shall be placed on the plat indicating that this
subdivision was approved in accordance with the
provisions of section 281 of Town Law (renumbered section
278 as of July 1, 1993).
(3) A note shall be placed on the final plat indicating that
no lot in the subdivision shall be further subdivided.
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(4) The grading plans shall be revised to indicate the rough
grading necessary to permit a through road connection to
Ervin Drive from the end of Road D.
(5) The plans shall be revised to indicate the location of
the existing water lines in Ervin Drive and identify a
possible connection between the proposed water lines from
Road D to the existing water lines in Ervin Drive so as
to permit a loop system.
(6) The grading plan shall be revised to indicate the
topographic contours associated with the proposed filling
of the area to accommodate the proposed realignment of
Spook Hill Road. The Applicant shall indicate the
anticipated amount of fill required to accompl ish the
proposed rough grading.
(7) The Applicant shall clarify whether the area identified
by the note stating, "Future taking to the Town of
Wappinger for highway purposes. Area to be filled to
minimum elevation of 243:t, feet" is to be dedicated to the
Town of Wappinger for highway purposes or simply made
available for future taking by the Town of Wappinger.
(8) The Applicant shall prepare and submit detailed design
plans, in accordance with county and Town approval
requirements, for the construction of a left turn lane a
the south end of Spook Hill Road (@ Old Hopewell Road)
and a left turn lane at the north end of Spook Hill Road
(@ Meyers Corners Road).
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(9) A note shall be placed on the final plat and construction
drawings indicating that the Planning Board may require
the construction of a through-road connection to Ervin
Drive if deemed necessary in order to disperse the site
traffic in a manner that will lessen the impact upon
Spook Hill Road.
(10) The Applicant shall prepare detailed design plans for the
replacement of the undersized culvert located under the
driveway of the property now or formerly known as the
Devine parcel.
(11) The Applicant shall prepare detailed design plans for the
addition of an earthen berm or other appropriate measure
as set forth in Addendum #2 to the FEIS in order to
control surface runoff along the northerly property line.
(12) A note shall be placed on the final plat and construction
drawings indicating that the burial grounds shall remain
undisturbed. The Applicants shall prepare and submit a
restrictive covenant to the satisfaction of the Planning
Board and the Town Attorney ensuring that the burial
ground will never be disturbed or unearthed so as to
violate its sacred purpose.
(13) The final plat and construction drawings shall be
prepared in accordance with the standards contained in
the Town of Wappinger Land Subdivision Regulations and
the Town of Wappinger Highway Specifications. The
Planning Board reserves the right to review such plans
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and require additional modifications thereto as may be
deemed necessary in the interest of protecting the
health, welfare and safety of the public.
C. The Applicant shall obtain approval for connection to
municipal water and sewer services.
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: AYE
Hugo Musto Voting: AYE
John Perillo Voting: ABSENT
Chris Simonetty Voting: AYE
The resolution is hereby duly declared adopted.
Dated:
August 16, 1993
Wappingers Falls, New York
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