Resolution
JUN-07-2007 THU 03:16 PM VSR&P LLC
FAX NO. 845 298 2842
P. 01
.
RESOLUTION NO. 2007w_
RESOLlrrlON AUTHORIZING DE NOVO REVIEW OF CATANO SUBDIVSION
At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County,
New York. held at Town Hall. 20 Middlcbush Road. Wappingers Falls, New York. held on the
~ day of June. 2007, at 7:30 P.M.
The meeting was called to order by Cbainnan Philip I, DiNonno, and upon roll being
called. the follOwing were present:
PRESENT: Chainnan
Boardmembers:
- Philip J. DiNonno
- Regina Pace
- Ronald Roberts
- William Kickham
RECEf"~f'l
JUN - 8 2007
TOWN CLERK
ABSENT:
- Guy Gagne
The follovving resolution was introduced by Mr. W. Kickham
and seconded
by Mr. R. Roberts
WHEREAS, Linda and Peter Catano (the "Owners" and "Applicants") nlade application
to the Town of Wappinger Planning Board for preliminary approval for the subdivision of one
+/- 2.025 acre parcel ofland into two building lots. proposing to create one lot consisting of
1.097 acres and a second lot consisting of 0.926 acres; and
WHEREAS, the Planning Board reviewed the application; and
WHEREAS, the subject property is located in a R-20 zoning district; and
WHEREAS, portions of the subject property contained wetlands in accordance with
Chapter 137 of the Town of Wappinger Code; and
WHEREAS. Lot 1 would contain an existing residence, and Lot 2. if approved. would
permit the construction of a new home and driveway; and
WHERE~S, tile Planning Board requested quantitative data on the value of the wetland
buffer area from ~e Applicants andlor their representatives; and
JUN-07-2007 THU 03:16 PM VSR&P LLC
FAX NO. 845 298 2842
~
WHEREAS, the Planning Board requested that Applicants propose mitigation for the
wetland buffer disturbance; and
WlIEREAS, the Planning Board determined by Resolution dated April 2. 2007 that the
proposed subdivision was unacceptable as presented because in the opinion of the Planning
Board, the Planning Board did not receive sufficient infonnation to address the concerns raised
during the review process; and
WHEREAS. the Applicants have commenced an Article 78 Proceeding seeking to
invalidate the prior Resolution of the Planning Board dated April 2, 2007 and remanding the
application back to the Town of Wappinger Plarming Board for further proceedings in
accordance with any direction of the Court and the reql.urements of Chapter 137 of the Code of
the Town of Wappinger; and
WHERE~S, the Plarming Board hereby confirms that it does not deem its Resolution of
April 2, 2007 as fipal and dispositive of this application and hereby agrees to reconsider the
application anew. .
NOW, THEREFORE, BE IT RESOLVED:
1. The PI~g 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 determines that its Resolution of April 2, 2007 was not
final and dispositive of this application and agrees to a de novo review of the application on tbe
representation of the Applicants that they will supply quantitative data on the value of the
wetland buffer and provide mitigation as may be required for any proposed wetland buffer
disturbance.
0:\ W"lfIingcr\PlmninllDol!tll\Clllllo\lU:soluliOll-2.d04:
2
P. 02
JUN-06-2007 WED 10:36 AM VSR&P LLC
FAX NO, 845 298 2842
p, 04
,- ~..A _----:-::-.~
.."'''.-.- -...
.
3. The attOrney to the Planning Board, Albert P. Roberts, is further authorized to enter
into a Stipulation discontinuing the Article 78 proceeding commenced by Applicants, without
prejudice, and consistent with the tcnns and conditions of this Resolution.
The foregoing Resolution was duly put to a vote on roll caU which resulted as follows:
Philip J. DiNonno, Chainnan voting: Aye.
Guy Gagne voting: ~:b6ent
Regina Pace voting: Aye.
Ronald Roberts voting: Aye.
.
William Kickham voting: Aye.
Dated: Wappingers FaIls, New York
June ~, 2007
The Resolution is hereby duly declared adopted.
~
PHILIP J. DINONNO; CHAIRMAN
0:\ w.pplnscr\Plllllnin,..BOOI'd\CaIlllO\RilIolu~on.z.doe
3