2000-11-27
t
TOWN OF WAPPINGER
PLANNING BOARD
DISTRIBUTION
SUBDIVISION - SIGNED RESOLUTION & FILED MAP
FILED MAP #
PROJECT NAME:
CARMEL HEIGHTS LOT LINE REALIGNMENT
DATE PREPARED: November 27, 2000
DISTRIBUTED FOR YOUR RECORDS
RESOLUTION WITH APPROVED PLANS:
1L TOWN FILE
1L TOWN ENGINEER
1L TOWN PLANNER
1L TOWN ASSESSOR
1L FIRE PREVENTION BUREAU
1L HIGHWAY SUPERINTENDENT
RESOLUTION ONLY:
l TOWN CLERK (ORIGINAL)
l RESOLUTION FILE
l TOWN ATTORNEY
l BUILDING INSPECTOR
l TOWN BOARD
l TOWN SUPERVISOR
l CAC
l APPLICANT
l APPLICANT'S ENGINEER / ARCHITECT
RECREATION
DC DEPT. OF PUBLIC WORKS (COUNTY ROAD)
DEPT. OF TRANSPORTATION (STATE ROAD)
VILLAGE OR TOWN
OCY-31 00 16:12 FROM:FP CLARK ASSOCIATES 9149676615
TO: 9144620188
PAGE: 02
FREDERICK P. CLARK ASSOCIATES, INC.
Plann ing/Development/Envi ronmentrrransportation
Rye. New York and Fairfield, Connecticut
David J. Portman, FAICP
Howard I. Reynolds, PE
David H. Sfalman, AICF: PP'
NlichatJl A. Ga/antg
Joanne P. Mader, AICP
Daniel K. Wary, AICP
~50 ThAodore Fremd AvonuQ
Rye, New York 10580
(914) 967.6540. FAX (914) 967-6615
MEMORANDUM
-~
To:
Town of Wappinger Planning Board
NOV V ~ 2000
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
Date:
AUiUst 16, 2000
Subject:
Carmel Heights Lot Line Realignment -
ResJJlutlon of Preliminary It Final Subdivision Plat Approval (Rt!tJise~
As requested. we have prepared the attached revised draft resolution of Preliminary &
Final Subdivision Plat Approval for your review and consideration.
The resolution has been revised to reflect the extended public hearing due to concerns
regarding the mailing to several property owners and to add a Negative Declaration.
Daniel K.. Wery. AICP
Vice PresidentIPlanning
"
.,,",-..
cc~ Albert P. Roberts, Esq.
Joseph E. Paggi. Jr., PE
Tatiana Lukianoff., Zoning Administrator
Applicant
Attachment
v;\doc:s2\500\wQPpingcr\S70.421.p+f fm; ~ov.2.dkw.doc
Connecticut · (203) 255-3100
email@fpclark.com
www.fpclark.com
Long Island · (516) 364.4544
OCT-31 00 16:12 FROM:FP CLARK ASSOCIATES 9149676615
TO: 9144620188
PAGE: 03
iRl.b'i:F I) Revised 8/16/00
RESOLUTION
TOWN OF 'W APPINGER PLANNING BOARD
RE: CARMEL HEIGHTS LOT LINE REALIGNMENT - RESOLUTION OF
PRELIMINARY AND F1NAL SUBDIVISIONLLAT APPRQY AL___
At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess
County, New York. held at Town Hall. 20 Middlebush Road. Wqppingers Falls, New York
on the 2Pt day of August. 2000 at 7:30 P.M.
The meeting was called to order by Chainnan Philip J. DiNonno and upon roU being
called, the following were:
PRESENT: Chairman
Boardmembers
Philip J. DiNonno
Guy Gagne
George Grimshaw
Hugo Musto
William Parsons
June Visconti
Robert Walker
The following resolution was moved by)Ju . ]/;~, and seconded
by f.,.. Jfl-~ .
WHEREAS, the Town of Wappinger Planning Board received an application from
Robert and Susan Apgar and Dana Segal (the uApplicant" and uOwner") for the reaHgnment
of the lot line between two contiguous parcels of land 0.7035 acres (Lot #50) and 0.6649
acres (Lot #51) in size (the "Project" or "Subdivision"); and
WHEREAS, the subject property (the "Property") is: known as Tax Lot 6258-04-
746219 (Lot SO) and 6258-04-759226 (Lot 51) on the Town Tax Assessment Map and is
located on. the north side of carme~_ts05~~at~ 250 feet west of the northern
intersection of Cannel Heights and UJ 1nl(Qttie Town of Wappinger, Dutchess
County, New York within the R-40 Residential Zoning District; and
WHEREASt the Applicant has submitted a Short Environmental Assessment Form
IlI1d the following plan prepared by Raymond J. Kihlmire, Fishkill, New York:
1. "Realignment Map;' dated S/1 S/OO; and
.
OCf-31 00 19:22 FROM:FP CLARK ASSOCIATES 9149676615
TO: 9144620188
PAGE: 01
CARMEL HEIGHTS LOT LINE REALIGNMENT
RESOLU110N OF PR:eLIMINAltY &. FINAL PLAT APPROVAL
WHEREAS, the lot Hne realignment will result in the transfer of 0.0574 acres of
land from Lot 50 to Lot 51; and
WHEREAS, the original subdivision was a cluster subdivision (average density
subdivision), and the lots are undersized for the R-40 District; and
WHEREAS, the lot line realignment wilJ not increase the average density of
population (will not result in any new lots) and the area of both lots will remain in excess of
the minimum lot area of the next less restrictive residential zoning district (R-20). in
accordance with Section 240~19.A. of the Town ofWappmger Zoning Code; 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 detennined that the Subdivision will not result in
the creation of any 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. in accordance with Section 239 of ,the New York State General
Municipal Law, the Plannina Board referred the application to the Dutchess County
Department of Planning and Development for their review and comment; and
WHEREAS, a duly advertised public hearing was held on August 7, 2000 and
August 21, 2000 at the Wappinger Town Hall, 20 Middlebush Road. Wappingers Fans,
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 latter date;
NOW, THEREFORE, BE IT RESOL YED AS FOLLOWS:
1. The Planning Board hereby adopts and incotpo11ltes the recitations and statements
set forth above as if fully set forth and resolved herein.
2. In accordance with Article g of the State Environmental Conservation Law and 6
NYCRR Part 617 J and upon review of the RAP and all other application materials
that were prepared for this action. the Planning Board hereby adopts a Negative
Declaration since the Project will not result in new construction or impact to the
environment.
20f5
.
ocr-31 00 16:16 FROM:FP CLARK ASSOCIATES 9149676615
TO: 9144620188
PAGE: 01
CARMEL HEIGHTS LOT LINE REALIGNMENT
RESOLUTION OF PRELIMINARY" FINAL PLA T APPROVAL
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 residential building lots will
be created, and therefore neither land nor a ree in lieu of land for recreational
purposes will be required.
4. The Planning Board hereby finds thllt the final plat will not be substantively changed
from the preliminary plat ud hereby waives the requirement for ft public hearing on
the final plat.
5. The Planning Boam hereby grants both Preliminary and Pinal Subdivision Plat
Approvals for the Lot Line Realignment 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 Chairman of the PllUU1ing Board:
a. 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 final subdivision plat in accordance with
Section A-5 of the Town of Wappinger Land Subdivision Regulations.
c. 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 signed and sealed by a licensed land surveyor.
e. The final plat shall graphically depict the building setback lines and shaJJ
include a table, with separate ~olumns for each lot, demonstrating
conformance with the requirements of the Zoning Code.
6. 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.
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
AppUcants to-date. Su.ch 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 wilt not be made until six (6)
months after the filing of the subdivision plat.
30fS
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OC,-31 ,00 16:16 FROM:FP CLARK ASSOCIATES 9149676615
TO: 9144620188
PAGE: 02
.'
CARMBL HEIGHTS LOT LINE REALIGNMENT
R,JiSOLUTION OF PllBLIM1NARY 6t PINAL PLAT APPN.OV AL
8. 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 set forth in the conditions a.bove have been
satisfie~ a copy of the final subdivision plat, revised as necesslU)', shall be submitted
for endorsement by the Planning Board Chainnan. certifying that the plans comply
with the terms of this resolution. at which time, the Chainnan 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. DiNonno. Chairman
Guy Gagne
George Grimshaw
Hugo Musto
William Parsons
June Visconti
Robert Walker
Voting: fI!I:!:
VOting:~ ~
Voting: ..~
Voting: aJ'~.
Voting: ~.v
Voting:
Voting: L .
The resolution is hereby duly declared adopted.
Dated:
August 21. 2000
Wappingers Falls. New York
PhjJiPJ~~
Town of Wappinger Planning Board
((M ~
/0/31/00
Robert Apgar. Property Owner
Date
~/j4L ~A--'
Sug;an Apgar, Prope Owner
I() 131 It) tJ
Date
40fS
Oct-31 00 16:16 FROM:FP CLARK ASSOCIATES 9149676615
TO: 9144620188
PAGE: 03
CARMEL HEIGHTS LOT LINE REALIGNMENT
RESOLUTION OF PRELIMINARY &; FINAL PLAT APPllOV AL
L~
Ilana Segal, Property 0
I' I, / t9-O
.
n.te
The following endorsement herc::by confinns that the Applicants have fulfilled all of the
conditions of this resolution of Pinal Subdivision Plat approval and authorizes the filing of
the Final Subdivision Plat with the County Clerk, Division of Land Records.
%&~
Philip . DiNonno, Chainlian
Town of Wappingcr Planning Board
/#o.~
Date /
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