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Resolution , TOWN OF WAPPINGER PLANNING BOARD DISTRIBUTION SUBDIVISION - SIGNED RESOLUTION & FILED MAP FILED MAP # 10856 PROJECT NAME: Chelsea Bluffs Subdivision - App. No. 98-5030 DATE PREPARED: August 25, 1999 DISTRIBUTED FOR YOUR RECORDS RESOLUTION WITH APPROVED PLANS: lL TOWN FILE lL TOWN ENGINEER lL TOWN PLANNER LL TOWN ASSESSOR lL FIRE PREVENTION BUREAU lL HIGHWAY SUPERINTENDENT RESOLUTION ONLY: /)'~c l$i~~ 41/tJ V~" ~~<$ V ~ IAI~ "~99 O,.,~ ~~O~ '(-~Ir l)~A1 l TOWN CLERK (ORIGINAL) .lL RESOLUTION FILE .lL TOWN ATTORNEY .lL BUILDING INSPECTOR X TOWN BOARD l TOWN SUPERVISOR l CAC l APPLICANT l APPLICANT'S ENGINEER / ARCHITECT L RECREATION DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN G~I ~\~\f1- <<), 4/5/99 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: CHELSEA BLUFFS 3-LOT SUBDIVISION - RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLA T 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 19th of January 1999, at 7:30 P.M. The meeting was called to order by Chairman Philip 1. DiNonno and upon roll being called, the following were: Philip 1. DiNonno Michael P. Franzese George Grimshaw Hugo Musto William Parsons June Visconti Robert Walker The following resolution was moved by rp.. ~.?h rrr . 0AL~.d . ' PRESENT: Chairman Boardmembers and seconded by WHEREAS, the Town of Wappinger Planning Board received an application from Andlyn Associates (the "Applicant" and "Property Owner") for the subdivision of one 31.369-acre parcel into three building lots, 5.017 acres (Lot 1), 5.055 acres (Lot 2), and 5.152 acres (Lot 3) in size and one 16.414-acre parcel to be dedicated to the Town of Wappinger (the "Project" or "Subdivision"); and WHEREAS, the subject property (the "Property") is known as Tax Lot 5956-04- 998375 on the Town Tax Assessment Map; and WHEREAS, the subject property is located on the east side of River Road South adjacent to the northern property line of the Town of Wappinger Recreation Park., within the R-40, Residential Zoning District; and WHEREAS, the Applicant has submitted a Short Environmental Assessment Form and the following three (3) plans, prepared by Povall Engineering, PLLC, Hopewell Junction, New York: 1. Sheet 1 of3, "Chelsea Bluffs Subdivision," dated 12/07/98, last revised 1/4/99; CHELSEA BLUFFS 3-LOT SUBDIVISION RESOLUTION OF PRELIMINARY AND FINAL PLA T APPROVAL 2. Sheet 2 of 3, "Grading and Utilities, Chelsea Bluffs Subdivision," dated 12/07/98, last revised 1/4/99; 3. Sheet 3 of 3, "Details for Chelsea Bluffs Subdivision," dated 12/07/98, last revised 1/4/99; and WHEREAS, the Planning Board is familiar with the subject property and its surroundings, and has reviewed the project in accordance with the standards for approval contained in the Zoning Law and the Land Subdivision Regulations; and WHEREAS, the Planning Board found that the proposed subdivision would result in the creation of two (2) additional building lots; and WHEREAS, the Planning Board determined that the Project is an Unlisted action in accordance with the Local and State Environmental Quality Review Laws; and WHEREAS, a duly advertised public hearing on January 19, 1999 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. The Planning Board hereby determines that the final plat will be substantively unchanged from the preliminary plat and that there will not be a need for a public hearing on the final plat application. 3. 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 since only two (2) additional building lots will be created and the associated construction and land disturbance will be controlled and mitigated through proper drainage and erosion control. 4. The Planning Board hereby finds that, pursuant to Section 5.514 of the Town's Land Subdivision Regulations, a proper case exists for requiring the reservation of additional parklands for playground and other recreational purposes within the Town 2 ';'':<,/:;!~ -,~ CHELSEA BLUFFS 3-LOT SUBDIVISION RESOLUTION OF PRELIMINARY AND FINAL PLA T APPROVAL 'JiX;,', ' .....':'j't~..l :< .. ':~64~<,.. . '~.;r';', of Wappinger, that such appropriate lands exist on the subject property and that, consistent with the standards of the Land Subdivision Regulations, the Applicant has proposed the dedication of such lands to the Town for such purposes. 5. The Planning Board hereby grants Preliminary and Final Subdivision Plat Approval subject to the following conditions and modifications which must be satisfied prior to the signing of the final plat by the Chairman of the Planning Board: oJ 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 and shall submit an application for final plat approval, or a written request for an extension of preliminary plat approval, within six (6) months of the date of this resolution. '" c. The Applicant shall submit the final plat to the Dutchess County Department of Health for its review, approval, and signature for the sanitary sewage disposal system and the water supply system. ~ d. The Applicant shall submit the final plat to the Town of Wappinger Highway Superintendent for review and approval for the driveways. ./ e. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject parcels have been paid. .,. f. The Zoning Data Chart shall be revised to include separate columns for each lot. / g. The Applicant shall prepare and execute the necessary legal documents, to the satisfaction of the Town Attorney, regarding the conveyance of recreation area to the Town of Wappinger. 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. 6. 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 , ' 3 CHELSEA BLUFFS 3-LOT SUBDIVISION RESOLUTION OF PRELIMINARY AND FINAL PLA T AFPROV AL "\ 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. 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 Michael Franzese George Grimshaw Hugo Musto William Parsons June Visconti Robert Walker V oring: Voting: Voting: Voting: Voting: t/lf'~ Vot~ng: ~ V otmg: The resolution is hereby duly declared adopted. Dated: January 19, 1999 Wappingers Falls, New York Philip ~rman - Town of Wappinger Planning Board dJ<f'~? Date / - ~~~ Nick DeLuC~Andlyn Associates Property Owner fl1/9'1 Dae g: \docs2\5 OO\wap9-002.dsk.dkw 4 GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS TODD N. ROBINSON** VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 .\ L.~ /J~;..; LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 . ADMJTI'ED TO PRACI1CE IN NY & FLA. ADDRESS REPIX TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS "ADMJTI'ED TO PRACI1CE IN NY & CONN. August 11, 1999 RE: T/Wapp Chelsea Bluff Subdivision ~~~~~~~~ \S\.\ \ ~ ~ . '{\1\1Gt\ U..g~. \~\\~\S\ -z.O~\~G t RECEIVED AUG 1 ~ 1999 PLANNING & ZONING VIA FACSIMILE and REGULAR MAIL (914) 297-4558 Town of Wappinger Planning Board 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Ms. Linda Nygen Dear Linda: This letter will confirm that I have reviewed the copies of the following documents, the originals of which are in the Town's possession: Bargain and Sale Deed from Andlyn Associates, Inc. to Town of Wappinger; and TP-584 and form RP-5217. In addition, I have reviewed the Title Insurance policy issued by River City Abstract and I have received a letter dated July 21, 1999 amending the preliminary Title report. A copy of the letter amending the report dated July 21, 1999 is affixed to this letter and should be appended to your copy of the Title Report. Please be advised that I find the above documents in proper form and order. In addition, I recommend that the original Deed and recording documents be forwarded to Elaine Snowden to be placed on the next Town Board Agenda for acceptance by the Town, assuming of course that the subdivision plat is filed prior to said meeting. The Town should accept this Deed as soon as possible. Very truly yours. VERGILlS, STENGER, ROBERTS & PERGAMENT ~! ALBERT P. ROBERTS APRlspd encl. cc: Hon. Constance O. Smith, Supervisor Hon. Elaine Snowden, Town Clerk Mr. Robert Valdati (Delivered to home address) Mr. Joseph Ruggiero (Delivered to home address) Mr. Vincent Bettina (Delivered to home address) Mr. Joseph Paoloni (Delivered to home address) Joseph paggi, P.E. ~~~~~ \oJ. ~ \S1 . \'!J'i>'i> \S\\ ~\, \. i ~ '\\l>."\O~ ~ ~Q~\\'\\S\ "'~O~\~G . ., RECEIVED AUG 1 8 1999 PLkl\iIIJING & ZONING :.........'? River City Abstract, LLC 77 Cannon Street Poughkeepsie. New York 12601 TEL: (914) 454-4797 FAX: (914) 454-4765 <tl~.: I . ,. .; " 1~""""~ 'I -:; ,-"':tJ Sanctity of Contract Issuing Policies of STEWART TITLE INSURANCE COMPANY "..... Ar\ ~+j.., .~~i- i.:J .t. ~ ~..;! . I ...." i July 21, 1999 ~~(0~~~~\ill p..UG II '999 lO~U~G jl.\lMINIS1Ri>.10R Vergilis, Stenger, Roberts & Pergamem, Esq.). 1611 Route 9 Wappingers Falls, NY 12590 ATT: ALBERT P. ROBERTS, ESQ. RE: Title No. RCA-ST-12609 Andlyn Associates transfer to Town of Wappinger Premises situate at River Road, Town of Wappinger Dear Mr. Roberts: Please be advised Exception No. 10 of the aforementioned preliminary title report has been omitted. Please do not hesitate to contact me in the event you have any questions or require further assistance with this matter. Very truly yours, RIVER CITY ABSTRACT, LLC ~~~ RECEIVED AUG 1 R 1999 PLANNING & ZONING Joseph C. DeBerardinis JCD:sue CC: Gerard 1. Comatos, Esq. PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) fRJ~@ftDrtJfE@ JUL 1 - ih!11999 ZONING AD~ INISTRATOR July 13, 1999 ~.~~EJ~~n~ JUL 1 0 1999 PLANNING & ZONING Planning Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Chelsea Bluffs Dear Board Members: I am in receipt of the deed and deed description for the land that is proposed to be deeded to the Town of Wappinger from the above project. The deed description is shown as Schedule A and the correspondence sent to Mark Liebermann on June 29th, 1999 from the law office of VandeWater & VandeWater. I have reviewed the deed description and find it to be in conformance with the proposed Filed Map. If there are any questions or comments, please do not hesitate to contact this office. /~O:;~Jej Joseph E. Paggi, Jr., P.E. JEP:law cc: Albert P. Roberts, Esq. Daniel Wery, AICP Joseph E. Paggi, Jr., P.E. , Ernst Martin, Jr., P.E., L.S. Charles It DelBene, .Jr., I'.E. TOWN OF WAPPINGER · RECEIVER OF TAXES P.O. BOX 324 WAPPINGERS FALLS. N.Y. 12590-0324 August 18,1999 TO WHOM IT MAY CONCERN: THE FOLLOWING TAX AMOUNTS WERE RECEIVED IN THIS OFFICE: GRID tI 135689-5956-04-998375-0000 PROPERTY ON 49-63 River Road ASSESSED TO Andlyn Associates, LLC 1999 Realty Tax - $641.45 - Paid in full 2/26/99 Beacon School District BY: PATRICIA MAUPIN RECEIVER OF TAXES PLANNING BOARD {If t~k/A Jqff1j; /Il! ;:vt~fE F~ TOWN OF WAPPINGER DATE PREPARED: June 11, 1999 PROJECT NAME: Chelsea Bluffs Subdivisiion - A PLEASE REVIEW PER THE RESOLUTION MEETING DATE: N/ A DATE DUE: ASAP SPECIAL USE PERMIT RECEIVED .'UN 1 7 1999 xx SUBDIVISIOR PLANNING & ZONING SITE PLAN THE ATTACHED HAS BEEN REFERRED TO YOU FOR YOUR COMMENTS AND RECOMMENDATIONS. PLEASE SUBMIT ANY COMMENTS TO THE TO'VN OF ,,, APPINGER PLANNING BOARD, ATTN.: ZONING ADMINISTRATOR, 20 MIDDLEBUSH ROAD, W APPINGERS FALLS, NY 12590 WITHIN FIFTEEN (15) DAYS. TOWN FILE TOWN OF WAPPINGER PLANNING BOARD 1 ENGINEER TO THE TOWN PLANNER TO THE TOWN ~ A TTORNEY TO THE TO~ ~ 1 HIGHWAY SUPERINTF. NT ~ ~ FIRE PREVENTION BUREAU RECREATION CONSERVATION ADVISORY COUNCIL DUTCHESS COUNTY DEPT. OF PLANNING DUTCHESS COUNTY DEPT. OF PUBLIC WORKS NEW YORK STATE DEPT. OF TRANSPORTATION DUTCHESS COUNTY DEPT. OF HEALTH NYS DEPT OF D.E.C VILLAGE OF WAPPINGER PLANNING BOARD TOWN OF FISHKILL PLANNING BOARD TOWN OF EAST FISHKILL PLANNING BOARD TOWNOF LAGRANGE PLANNING BOARD 4- - TOWN OF POUGHKEEPSIE P!::--Al'-lNING BOARD .........*...~Nr{~~yO~/~~vv........... ~* At the request of Mr. DeLuccia, I held onto these documents waiting for legal documents to come from Mr. DeLuccia's Attorney. On June 10, 1999, Mr. DeLuccia asked me to forwar~ the enc16sed documents~ The legal documents will be forthcoming At A 1 :'ltpr rl",tp ""';,1 TOWN OF WAPPINGER P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 Telephone; (914) 297-1373 Fax; (914) 297-4558 PLANNING BOARD TO: Mrs. Elaine Snowden, Town Clerk FROM: d!1 Linda Nguyen, Secretary . ~ Town of Wappinger Planning oard RE: Chelsea Bluffs Subdivision (Filed Map No. 10856) DATE: August 20, 1999 As requested in Mr. Roberts August 11 tit letter, I am forwarding the following ORIGINAL legal documents to the Town Clerk. 1. Bargain and Sale Deed from Andlyn Associates, Inc. to the Town of Wappinger; 2. Form TP-584 3. Form RP-5217; and 4. A $35,000.00 fee Title Insurance Policy with a copy of the letter dated July 21, 1999, amending the preliminary Title Report. Mr. Roberts requested this item be placed on the next Town Board Agenda for acceptance. Attachments CC: Planning Board Mr. Roberts Mr. DeLuccia Supervisor Smith Town Board Members (No Attachments) (No Attachments) (No Attachments) (No Attachments) (No attachments)