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2002-03-25 " TOWN OF WAPPINGER PLANNING BOARD DISTRIBUTION SUBDIVISION - SIGNED RESOLUTION & FILED MAP FILED MAP # 1/,3'17 PROJECT NAME: Carmel Hgts, Lot-line Lots 4, 42 &43 DATE PREPARED: March 25, 2002 DISTRIBUTED FOR YOUR RECORDS RESOLUTION WITH APPROVED PLANS: lC TOWN FILE lC TOWN ENGINEER X_ TOWN PLANNER ..x.- TOWN ASSESSOR X_ FIRE PREVENTION BUREAU X_ HIGHWAY SUPERINTENDENT X DUTCHESS 911 ADDRESSING OFFICE RESOLUTION ONLY: _X_ RESOLUTION FILE _X TOWN ATTORNEY _X_ BUILDING INSPECTOR _X_ TOWN BOARD _X_ TOWN SUPERVISOR _X_ CAC _X_ APPLICANT _X_ APPLICANT'S ENGINEER / ARCHITECT RECREATION DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN N<<"<:) ((,,(j~ ~ ~ R-- .. \ ~~'f.. ~ 0" ~O~~ FREDERICK P. CLARK ASSOCIATES, INC. PlanninglDevelopmentlEnvironmentlTransportation Rye, New York and Fairfield, Connecticut David H. Stolman, A/CP, PP Michael A. Galante 350 Theodore Fremd Avenue Rye, New York 10580 Joanne P. Meder, A/CP Daniel K. Wety, A/CP (914) 967-6540 · FAX (914) 967-6615 David J. Portman, FA/CP Trrl/. Reynolds, FE rnil~(~ {~j nw~ MAR ~i : ,iili'} ZONING ADMINISTRATOR TOWN Of wAPPINGER MEMORANDUM To: Town of Wappinger Planning Board Date: February 27, 2002 Subject: Carmel Heights Lots 4, 42 and 43 Lotline Realignment - Resolution of Preliminary and Final Subdivision Plat Approval As requested, we have prepared the attached draft resolution of Preliminary and Final Subdivision Plat Approval for your review and consideration. We assume that all three of the lots involved are owned by Ultra-Craft Homes. This should be confirmed at the March 4, 2002 Planning Board meeting. Daniel K. Wery, AICP Vice PresidentIPlanning Lawrence K. Bice AssociatelPlanning cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Tatiana Lukianoff, Zoning Administrator Applicant Attachment j :\docs2\500\ wappinger\z&m. 459. pm( p+t)cov. no2.lkb.doc Connecticut (203) 255-3100 Hudson Valley (845) 297-6056 Long Island (516) 364-4544 email@fpclark.com www.fpclark.com (DRAFT) RESOLUTION TOWN OF WAPPINGER PLANNING BOARD 2/27/02 RE: CARMEL HEIGHTS, LOTS 4, 42 AND 43 LOTLINE REALIGNMENT _ RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL At a regular meeting of the Planning Board ofthe Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 4th day of March, 2002 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 Guy Gagne George Grimshaw Regina Pace June Visconti Robert Walker ;?u ~ 7/~; and WHEREAS, the Town of Wappinger Planning Board received an application from Ultra-Craft Homes c/o Fred Straub (the "Owner" and "Applicant") for preliminary and final subdivision plat approval for the realignment of lotlines between three lots _ acres (Lot 4 of Lands of Parsons), _ acres (Lot 42 Z & M Development Corp.) and _ acres (Lot 43 Z & M Development Corp.) in size (the "Project" or "Subdivision"); and WHEREAS, the purpose of the lotline realignment is to accommodate proposed house sizes and locations on Lots 42 and 4; and WHEREAS, the involved lots (the "Properties") are known as Tax Lots 6258-04- 745273 (Lot No.4), 6258-04-752253 (Lot No. 42), and 6258-04-764259 (Lot No. 43) on the Town of Wappinger Tax Assessment Maps and are located on Albert Lane approximately 300 feet south of the intersection of Albert Lane and Sherwood Heights Drive in the R-40 (Residential) Zoning District in the Town of Wappinger; and WHEREAS, the Properties were involved in a lotline realignment/land transfer, approved by resolution by the Planning Board April 16, 2001, to correct a land transfer completed years ago which was mapped and filed incorrectly; and CARMEL HEIGHTS LOTS 4, 42 AND 43 LOTLINE REALIGNMENT RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLA T APPROVAL WHEREAS, The Applicant has submitted a.Short Environmental Assessment Form and the following plan prepared by Richard G. Barger, Wappingers Falls, New York: "Realignment of Lot Lines Between Lot No.4 - Lands of Parsons - Filed Map No. 7152 and Lots 42 & 43 Z & M Development Corp., Etingin Associates, LLC. and O'Donnell Builders of Dutchess, Inc. Lots 41, 42 & 43 - Filed Map #6920 'Carmel Heights - F.M. No. 6611C,'" dated 1/18/02; and WHEREAS, the proposed lotline realignment would render Lot 43 noncompliant with respect to lot width: approximately 110 feet as opposed to the minimum required 125 feet; and WHEREAS, at the same time, the lot width of Lot 42 would increase, enabling the Applicant to meet the required minimum 25 foot side yard for the proposed house on that lot; and WHEREAS, the Iodine realignment between the rear lodines of Lots 42 and 43 and the front Iodine of Lot 4 would enable the Applicant to meet the required minimum 50 foot front yard on Lot 4 for the house proposed on that lot and would not result in any nonconformities with respect to lot area or dimension for any of the lots involved; and WHEREAS, the lotline realignment in and of itself, represents neither an increase in the number of lots, nor an increase in overall development density of the subdivision; and WHEREAS, as the lots are part of an approved Average Density Subdivision, pursuant to Section 240-19.A of the Zoning Code, the Planning Board is "authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district and that there shall not be a greater average density of population or cover of the land with buildings than is permitted in such district, and further provided that no lot shall have less than the minimum area and dimensions required for lots in the next less restrictive residential zoning district to the one in which the property is located"; and WHEREAS, the proposed lot configuration qualifies for a waiver of minimum required lot dimensions (i.e., the less than minimum Lot Width on Lot 43) based on the above conditions; and WHEREAS, the Planning Board is familiar with the Site and all aspects of the Project and has been satisfied that the Project will comply with the Zoning Law as well as other applicable laws and regulations; and 20f5 CARMEL HEIGHTS LOTS 4, 42 AND 43 LOTLINE REALIGNMENT RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLA T APPROVAL WHEREAS, the Planning Board determined that the Subdivision will not result in the creation of any new building lots within the Town of Wappinger; and WHEREAS, the Planning Board determined that the Project is an Unlisted Action in accordance with the State Environmental Quality Review Law; and WHEREAS, a duly advertised public hearing was held on March 4, 2002 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 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 and no new building lots will be created within the Town of Wappinger and there will be no construction or land disturbance as a direct result of the project. 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 no new building lots will be created 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 preliminary plat and hereby waives the requirement for a public hearing on the final plat. 5. The Planning Board hereby excercises the authority granted them by Section 240- 19.A of the Zoning Law to modify the minimum lot width for Lot 43 from 125 fet to 110 feet, as shown on the proposed plat. 6. The Planning Board hereby grants both Preliminary and Final Subdivision Plat Approvals for a lot line realignment and land transfer as herein defined to the Applicant subject to the following conditions and modifications which must be 30f5 CARMEL HEIGHTS LOTS 4, 42 AND 43 LOTLINE REALIGNMENT RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL .~ ~ satisfied prior to the signing of the final plat by the Chairman of the Planning Board: The Owner shall endorse a copy of this resolution and submit it to the Planning Board for its files. b. The Applicant shall prepare a fmal subdivision plat in accordance with Appendix A 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. d. The final plat shall be revised to include a zoning conformance table that demonstrates conformance on a lot-by-lot basis, both as currently configured and as proposed and indicate any zoning requirements that are not met. The plat shall include a notation stating that the dimensions of the subject lots were approved by the Planning Board as part of an Average Density subdivision in accordance with Section 240-19.A of the Zoning Law and Section 278 of the Town Law. The table shall also show the total area of each lot as it currently exists, the proposed area of land to be transferred on a lot-by-lot basis, and the total area of each lot after all lot line realignments and land transfers are completed. 7. 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. 8. 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 ren4ered 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. 9. 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 40f5 CARMEL HEIGHTS LOTS 4, 42 AND 43 LOTLINE REALIGNMENT RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLA T APPROVAL 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 1. DiNonno, Chairman Guy Gagne George Grimshaw Regina Pace June Visconti Robert Walker Voting: Voting: Voting: Voting: Voting: Voting: The resolution is hereby duly declared adopted. Dated: March 4, 2002 Wappingers Falls, New York IX Oy~ Philip J. DiNonno, Chairman Town of Wappinger Planning Board r ~j)jt~-::$ Ultra-Craft Homes, c/o Fred Staub Applicant and Owner d /;a).2. , , Date a/f/~~ , , Date >oQ~ !Philip J. DiNonno, Chainnan Town of Wappinger Planning Board The following endorsement hereby confirms that the Applicants have fulfilled all of the conditions of this resolution of Final Subdivision Plat approval and authorizes the filing of the Final Subdivision Plat with the County Clerk, Division of Land Records. 3jj>~ 2- , , Date j :\docs2\500\ wappinger\carmelheights4, 42,43. n02.427. p+fpm.lkb.doc 50f5