2001-04-27
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~tf:"G "'~~\ ...". TOWN OF WAPPINGER
~ ':l I.~\) PLANNING BOARD .
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~ 'C,,;:,,~'f.. DISTRIBUTION
~O~~ . SUBDIVISION- SIGNED RESOLUTION & FILED MAP ,
FILED MAP #
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PROJECT NAME: Carmel Heights Lot-Line Re-alignment for Lots.';.l'41, 42 & 43.
DATE PREPARED: A.pril 27. 2001
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DISTRIBUTED FOR YOUR RECORDS
RESOLUTION WITH APPROVED PLANS:
X-
X-
X-
X.
X-
X-
TOWN FILE
TOWN ENGINEER
TOWN PLANNER
TOWN ASSESSOR
FIRE PREVENTION BUREAU
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HlGHW A Y SUPERINfEND~NT
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. RESOLUTION ONLY:
..A. c,,',JQ)VNCLBRK(ONGINAL)
X,c,,:;: RESOLUTION FILE ' .
-".
.x- TOWN ATTORNEY
.x- BUILDING INsPECTOR
2L TOWN BOARD
..1L TOWN SUPERVISOR
..1L CAC
..1L APPLIC~
..1L APPLICANT'S ENGINEER I ARCHITECT
RECREATION
DC DEPT. OF PUBLIC WORKS (COUNTY ROAD)
DEPT. OF TRANSPORTATION (STATE'ROAD)
VILLAGE OR TOWN
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RPR-11 01 16:34 FROM:FP CLRRK ASSOCIRTES 9149676615
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TO:914 297 4558
PRGE:04"09
, ,
FREDERICK P. CLARK ASSOCIATES. INC.
Plannlng/DevelopmenVEnvlronmenVTransportatlon
Rye, New York and Fairfield. Connecticut
David H. Stolman, A/CPo PP
Michael A. Galante
350 Theodore Fremd Avenue
Rye. New York' 0580
(914) 967-6540. FAX (9'4) 967.66'5
Joanne P. Meder, AlCP
Daniel K. Wsl)', AlOP
David J. Porrman. FA/CP
Howard I. Reynolds, PE
MEMORANDUM
Subject:
{R1~~~O'W~[Q)
Town of Wappinger Planning Board APR 11 2001
April 10. 2001. ZONING ADMa~\STRATOR
TOWN OF WAPPINGER
Z&M Development Corp Lotline Realipment and Land Transfer -
Resolution 01 Preliminary aDd FinalSubclivisioD Plat Approval
To:
Date:
As requested, we have prepared the attached draft resolution of Preliminary aDd Final
Subdivision Plat Approval for your review and consideration.
Daniel K. Wery, AICP
Vice PresidentIPlanning
cc: Albert P. Roberts, Esq.
Joseph E. Paggi, Jr.. PE
Tatiana Lukianoff. Zoning Administrator
Applicant .'
Attachment
j:\docs2\500\wappingcr\z&m.4'9.pm(p+t)cov.lkb.doc
Connecticut · (203) 255.3100
emallOfpclark.com
www.fpclark.com
Long Island. (516) 364.4544
APR-11 01 16:34 FROM:FP CLARK ASSOCIATES 9149676615
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PAGE: 05/09
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(DRAFr)
RESOLunON
TOWN OF WAPPINGER PLANNING BOARD
4/11/01
RE: Z&M DEVELOPMENT CORP. LOT LINE REALIGNMENT AND LAND
TRANSFER-RESOLlIfION 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 16th day of April, 2001 at 7:30 P.M.
. .
The meeting was call~d to order by Chainnan Philip J. DiNonno and upon roll
being called, the following were:
PRESENT: Chairman
Boardmembers
.
Philip J. DiNonno
Guy Gagne
George Grimshaw
Regina Pace
William Parsons
June Visconti
Robert Walker .
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and
The following #~as moved by
Seconded by 1Ju. .
WHEREAS, the Town of Wappinger Plarining Board received an application from
Raymond KibJmire (th~ "Applicant'1 on behalf of the four property owners for preliminary
and final subdivision plat approval for the realignment of lot lines between three lots
designated as Lot Nos. 41, 42 and 43 and for the transfer of 0.1381 acres ofland from Lot
No. 42 to the nlf William and Helen Parsons property to the north, in order to provide
ingress and egress to the Parsons' property from Cannel Heights Road; involving four (4)
building lots, 1.0074 acres (Lot No.4l), 0.64S7 acres (Lot No.42), 0.5937 acres (Lot
No.43), and 1.01 acres (nffParsons property), in size (the "Project" or "Subdivision"); and
WHEREAS, the purpose of the realignment is to correct a land transfer completed
years ago which was mapped and filed incorrectly; and
WHEREAS, the involved lots (the "Properties'1 are known as Tax Lot 62S8~04.
740249(Lot No. 41), Tax Lot 62S8-04..7S2253 (Lot No. 4~), Tax Lot 6158~O"~.764259 (Lot
No. 43), and Tax Lot 6258-04-745273 (the nlfWilliam and Helen Parsons property) on the
Town of Wappinger Tax Assessment Maps and are located between Albert Lane and All
~PR-ll 01 16:35 FROM:FP CL~RK ~SSOCI~TES 9149676615
Z.l:M DEVELOPMENT CORP. LOT REALIGNMENT AND LAND TRANSFER
RESOLUTION OF PRELIMINARY AND fINAL SUBDIVISION PLAT APPROVAL
TO:914 297 4558
P~GE:061'09
Angels Hill Road approximately 1,500 feet south off the intersection of All Angels Hill
Road and Carlin Drive in the R-40 (Residential) Zoning District in the Town of Wappinger;
and
WHEREAS, The Applicant has submitted a Short Environmental Assessment
F onn and one (1) plan entitled "Lot line Realignment Map of the lands of Z &. M
Development Corp., Etingin Associates, LLC and O'Donnell Builders of Dutchess, Inc."
dated 3/15/01 and prepared by Raymond 1. KihImire, L.L.S., P.C., FishkiU, New York;
and
WHEREAS, the Planning Bo~d 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 regulatioDS; and
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 detennined 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 April 16, 2001 at the
Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time
al~ 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 no new building lots will be
created within the Town of Wappinger, the land transfer will remove an obstacle to
certain drainage improvements and there will be no construction or land
disturbance as a result of the project.
3. The PlaMing 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. in a~cordance with the Land
Subdivision Regulations less than six (6) new building lots will be created within
20fS
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RPR-11 01 16:35 FROM:FP CLRRK RSSOCIRTES 9149676615
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Z&M DEVELOPMENT CORP. LOT REALIGNMENT AND LAND TRANSFER.
RESOLUTION OF PRELIMINARY AND fINAL SUBDIVISION PLA T APPROVAL
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 tinal plat will not be sUbstantively
changed from.the preliminary plat and hereby waives the requirement for a public
hearing on the final plat.
S. 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
satisfied prior to the signing of the final plat by the Chainnan of the Planning
Board: .
h.
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g.
The Owner shaJJ 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 of the Town of Wappinger Land Subdivision Regulations.
d.
The Applicant shall submit a statement signed by the Town's Tax Collector
that all taxes due on the subject pr9perty have been paid.
The shall be revised to d~Ct the:.entire portion of each involved lot.
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The fmal plat shall be ievi~ef{~; 3 Je"1tify th;:: u?Qsferred lot area as part of
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the Parsons lotrath",r ,...1 .;.. ,zb r ..... ,....... J.'arc _"
f.
The final ,lat shId! ::"~ . ,;> . to ..:.;atl)' u;;p~ct: 1) the}ot lines as they
. currently:e>:i:.t, and:') .f: !r:,l . r.~;~cnhe proposed 'l9.t realignment and
land tranSfer. A t41.b!e shall bi~ ,~.\o,..ided that shows the total area of each lot
as..it' culTentlye:.os':S. the ].'fcposedarea ofland to be transfeaed on a lot-by-
lot baSis, and t~e iota! !.:;e1\ of each lot after aJllot line realignments and
land transfers ~ .complt.'!ed.
The final plat shall be rev~F.d to depict the building envelopes for each lot.
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6. Conditional approval of the fmal plat shall expire one hundred eighty (ISO) days
from the date of this resolutio~-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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APR-ll 01 16:35 FROM:FP CLARK ASSOCIATES 9149676615
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UM DEVELOPMENT CORP. LOT REALIGNMENT AND LAND TRANSFER
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL
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 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.
8. The Planning Board Cbainnan,shall endorse a copy of this resolution certifying its
correctness. The App~icants shall also sign a copy of this resolution after it has
been initially endoned by the Chainnan 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 Chainnan, certifying that the plans comply
with the tenns of this resolution, at which time, the Chainnan shall also endone
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
authori~ed 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 roU call,
which resulted as follows:
Philip J. DiNoMo, Chainnan
Guy Gagne
George Grimshaw
Regina Pace
William Parsons
June Visconti
Robert Walker
Voting:
V oling:
Voting:
Voting:
Voting: USED
Voting: ~j
Voting: ~
The resolution is hereby dUly declared adopted.
Dated:
April 16, 2001
Wappingers Falls, New York
Philip ~~bainnan
Town of Wappinger Planning Board
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Oat
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APR-11 01 16:36 FROM:FP CLARK ASSOCIATES 9149676615
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PAGE: 091'09
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UM DEVELOPMENT CORP. LOT REALIGNMENT AND LAND TRANSFER
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVAL
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Date
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Date
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Date
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The following endorsement hereby confinns that the Applicants bave 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.
M&)~-'~~~
Ray Kihhmre, Ap lie
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Philip . DiNoMo, Chainnan
Town of Wappinger Planning Board
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