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Hilltop Village Prelim & Final Sub Approvalsr ~. ~ ~~ ~~ 03/18/13 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: HILLTOP VILLAGE AT WAPPINGER -RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVALS 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 18 th day of March , 2013 at 7:00 P.M. The meeting was called to order by the Chairman Robert L. Board member attendance was as follows: Robert L. Valdati Angela Bettina Max Dao Victor Fanuele Marsha Leed Francis Malafronte June Visconti The following resolution was moved by by Max Dao Present Present Present Present Present Absent Present June Visconti Valdati and~7~lanning ~~ ~ ~' z N 0 rn~ w rn and se e WHEREAS, the Town of Wappinger Planning Board has received the application Toll Brothers, Inc. (the "Applicant") on behalf of Contrail, LLC (the "Owner") and Robert Brian and Alison Buyakowski (the other "Owners") for Subdivision Plat Approval to convey 4.05 acres of land from Contrail, LLC property to the adjacent Buyakowski property, to create a 1.43-acre property identified as "Future Development Parcel" to be dedicated to the Town, to create Road A for dedication to the Town, and to create a separate RMF-3 parcel for the 225-unit age-restricted residential development project known as "Hilltop Village at Wappinger" (the "Project" or "Proposed Action); and WHEREAS, the Proposed Action includes a club house, recreational amenities, preservation of natural areas as permanent open space, reconstruction of an existing private road (identified as Road A) to be dedicated to the Town, dedication of 1.43 acres of land for future use by the Town, dedication of 51.7-acre parcel adjacent to the existing Town Recreation Center on Robinson Lane for recreational use, construction of an off- site Town water system upgrade identified as "Water Main Extension Loop from Meadowwood Wells -All Angels Hill Road," a water and sewer buy-in fee of $243,000 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL SUBDNISION PLAT APPROVALS as well as recreation fees in the amount of $1.125 million to be paid to the Town (included in the "Proposed Action"); and WHEREAS, the Applicant petitioned the Town Board to change the zoning designation of the property to Multifamily Residence (RMF-3) in order to permit the Proposed Action, which rezoning has already taken place (included in the "Proposed Action"); and WHEREAS, neither the Project nor the Proposed Action involves any physical activity on the Buyakowski property; and WHEREAS, the subject properties are designated as 6257-02-630770 (Contrail, LLC) and 6257-02-720997 (Buyakowski) on the tax maps and are located in the vicinity of the intersection of All Angels Hill Road (County Route 94) and Hilltop Drive (the "Subject Properties"); and WHEREAS, the Contrail, LLC property is located in the RMF-3 Multifamily Residence zoning district while the Buyakoswki property is located in the R-40 One- Family Residence zoning district; and WHEREAS, the Applicant has submitted the following subdivision plans generally entitled "Hilltop Village at Wappinger, Town of Wappinger, Duchess County, New York" prepared by Povall Engineering, PLLC: 1. SD-1 (Sheet 4 of 48), "Lot Line Realignment Plan," dated 9/30/2011, last revised 2/15/2013; 2. SD-2 (Sheet 5 of 48), "Subdivision Plat," dated 2/15/2013; and 3. SD-3 (Sheet 6 of 48), "Existing and Proposed Easements Plan," dated 2/15/2013; 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, in accordance with Sections 239-1 and m of the New York State General Municipal Law, the Planning Board referred the subject Site Development Plan application to the Dutchess County Department of Planning and Development (DCDPD); and WHEREAS, the DCDPD responded to the above mentioned referral concluding that the Proposed Action was a "Matter of Local Concern with Comments;" and 2of9 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL SUBDNISION PLAT APPROVALS WHEREAS, the Planning Board has considered the comments from the DCDPD; and WHEREAS, the Planning Board determined that the Proposed Action is a Type I Action with respect to the State Environmental Quality Review Act (SEQRA) and Wappinger Environmental Quality Review; and WHEREAS, after performing a coordinated designation of Lead Agency procedure in accordance with the requirements of SEQRA, the Planning Board became the Lead Agency for the Proposed Action; and WHEREAS, pursuant to SEQRA regulations, the Planning Board adopted a Positive Declaration, thereby finding that the Proposed Action may result in a significant adverse impact upon the environment for the reasoning contained in the Positive Declaration; and WI~REAS, a Draft Environmental Impact Statement (DEIS) was prepared by the Applicant and accepted as being satisfactory with respect to its scope, content and adequacy by the Lead Agency on March 19, 2012; and WHEREAS, the Planning Board filed and published a Notice of Completion and Public Hearing on March 26, 2012, and filed the DEIS as provided for on the notice; and WHEREAS, a duly advertised public hearing was opened on April 16, 2012 on the DEIS and continued on May 7, 2012, at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on the latter date; and WHEREHAS, public comments were accepted until May 21, 2012; and WHEREAS, the Planning Board accepted a FEIS prepared for the Proposed Action as being satisfactory with respect to its scope, content and adequacy on November 5, 2012; and WHEREAS, the Planning Board filed and published a Notice of Completion and filed the FEIS as provided for on the notice on November 7, 2012; and WHEREAS, pursuant to the State Environmental Quality Review Act regulations, a Findings Statement was adopted on November 19, 2012 by the Planning Board thereby completing the SEQRA process for the Proposed Action; and 3 of 9 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL SUBDNISION PLAT APPROVALS WHEREAS, a duly advertised public hearing on the Project application was held on February 4, 2013, at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Planning Board hereby grants Preliminary Subdivision Plat Approval to the Project as herein defined. 3. The Planning Board hereby waives the public hearing on the Final Subdivision Plat because the Final Subdivision Plat is in substantial conformance with the Preliminary Subdivision Plat. 4. The Planning Board hereby grants Final Subdivision Plat Approval to the Project to convey 4.05 acres of land from the Contrail, LLC property to the Buyakowski property, to create a 1.43-acre property identified as "Future Development Parcel" to be dedicated to the Town, as shown on the Subdivision Plat and as defined above, to create Road A for dedication to the Town, and to create a separate RMF- 3 parcel for the 225-unit age-restricted residential development project known as "Hilltop Village at Wappinger," subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Chairman of the PlanningBoard: a. The Property Owners and the Applicant shall endorse and submit a copy of this Resolution to the Zoning Administrator for filing. b. The Property Owners shall submit a copy of the current deed to prove its ownership of said properties. 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 in full. d. The Applicant shall prepare a final subdivision plat in accordance with Section A-5 of the Town of Wappinger Land Subdivision Regulations. Further, The Applicant shall separate the submitted subdivision and site plan drawings into two plan sets (that is, a subdivision plat set to be filed with the County Clerk's Office and a site plan set to be filed with the Town Clerk). This separation of the plans into two sets shall be such that they meet the satisfaction of the Town 4of9 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL SUBDMSION PLAT APPROVALS Engineer, Town Attorney and Town Planner. (This resolution is structured to follow the plan set as currently submitted.) d. The plat shall be signed and sealed by a licensed surveyor and engineer, all metes and bounds shall be finalized, and all required signature blocks shall be endorsed to the satisfaction of the Town's Engineering Consultant. e. The following comments contained in the Town's Engineering Consultant's letter to the Planning Board, dated February 28, 2013, and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town's Engineering Consultant: (1) Sheet 4, Lot Line Realignment Plan is satisfactory as a plat for the lot line realignment with Lot C on FM 11070A and shall be retitled as "Subdivision Plat." It shall be included in the drawing set that will become the filed map for the Project. The plat on Sheet 5 shows the final configuration. Therefore, it appears that Sheet 4 shall be recorded before or simultaneously with the Subdivision Plat. (2) Sheet 5, Subdivision Plat shall be revised as follows: (a) The Plat shall: [1] Identify the Future Development Parcel dedication to the Town, the proposed Town Road A, the HOA common areas, the stormwater management features, all utility easements, County R-O-W easements, etc. Some, but not all, of the noted features will receive a tax map parcel number. [2] Show the utility easement note now on Sheet 6 (as the note may be revised), and show the easements now on Sheet 6, or show a note to refer to the separate page for the utility easement information. [3] Show the floodplain and state BFE information. [4] Resolve the encroachment of the turning area of Sylvia Drive onto the subdivision. For example, an easement could be granted to the Town. Sof9 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL SUBDNISION PLAT APPROVALS (b) All information as shown on both sheets 5 and 6 shall be included in the set of drawings that will be recorded as the filed map. (c) The drawing shall be clarified to be sure that all bearings and distances are distinctly clear of the adjacent line (for example, see the northerly boundary of the proposed Town Dedication parcel, and there are others). f. The following shall be provided to the satisfaction of the Town Attorney and Town Engineer: (1) Draft legal easements and maintenance documents; and (2) Metes and bounds deed descriptions. g. The Applicant shall revise the plat to clearly show and label all proposed easement areas (utility, drainage, slope, sight, access, conservation, etc.) that matches the easement map provided as part of the Draft Environmental Impact Statement plans to the satisfaction of the Town's Planning Consultant. h. All performance and maintenance guarantees required by the Town Code shall be submitted by the Applicant and shall be such that they meet the satisfaction of the Town Attorney and Town Engineer in form and amount. i. All required inspection fees shall be submitted by the Applicant in accordance with the requirements of the Wappinger Town Code. j. A recreation fee in the amount of $1.125 million as required in the Planning Board's Resolution of Site Development Plan and Wetlands Permit Approvals shall be paid to the Town by the Applicant. k. The 51.7-acre parcel (Contrail, LLC) identified as 6459-03-195435 on tax maps and located on Robinson Lane adjacent to the Town Recreation Center shall be offered in dedication to the Town to the satisfaction of the Town Attorney. The newly created 1.43-acre property identified on the plans as "Future Development Parcel" located on All Angels Hill Road next to the Project Site shall be offered in dedication to the Town to the satisfaction of the Town Attorney. 6of9 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL Si1BDNISION PLAT APPROVALS m. The Applicant shall pay a water and sewer buy-in fee to the Town the amount of $243,000 to the satisfaction of the Town Attorney. 5. Conditional approval of the Final Plat shall expire one hundred eighty (180) days after the date of this resolution unless all requirements have been certified as completed. However, the Planning Board may extend for periods of ninety (90) days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension(s) is/are warranted by the particular circumstances. 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 Applicant 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. 7. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Owners and the Applicant shall also sign a copy of this resolution after it has been initially endorsed by the Chairman acknowledging receipt of a copy of the resolution. When all of the conditions set forth in the conditions 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 Owners and/or Applicant have complied with the above conditions of approval and that the Final Plat is authorized for filing with the County Clerk, Division of Land Records. After said filing, two (2) certified copies of the Final Plat and the above mentioned easements certified by Dutchess County and six (6) copies of the certified copies of the Final Plat shall be submitted to the Planning Board. One (1) certified copy of the Final Plat shall be retained by the Planning Board and the other certified copy shall be transmitted to the Town Clerk along with a signed copy of this resolution. Regarding the six (6) copies of the certified copies of the Final Plat, one (1) copy each will be provided to the Town Building Inspector, Town Engineer, Town Planner, Town Highway Superintendent, Town Zoning Enforcement Officer and the Dutchess County 911 Addressing Office. 7of9 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL SUBDNISION PLAT APPROVALS The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Robert L. Valdati, Chairman Voting: ~~ Angela Bettina Voting: Ave Max Dao Voting: Aye Victor Fanuele Voting: Aye Marsha Leed Voting: Aye Francis Malafronte Voting: Q}1CPnt June Visconti Voting: Aye The resolution is hereby duly declared adopted. Dated: March 18 . , 2013 Wappingers F .1~, New York ---~ ~ ' ~ y-s ~~ Robert L. Valdati, Chairman Date Town of Wappinger Planning Board ~/K/,~ ---T 1 Bro rs Inc. ~ ~~~~~ Date ppli ant v.~. -C"" ~~-~.~ r~ ~ y-5-~3 Contrail LLC Date r ~ ~ i ~,,,~ i Robert Brian Buyakowski Date Owner Alison Buyakowski Date Owner The following endorsement hereby confirms that the Owners and the Applicant have fulfilled all of the conditions of this resolution and authorizes the filing of the Final Subdivision Plat with the County Clerk, Division of Land Records. 8of9 HILLTOP VILLAGE AT WAPPINGER - RESOLUTION OF PRELIMINARY AND FINAL SUBDNISION PLAT APPROVALS Robert L. Valdati, Chairman Town of Wappinger Planning Board Date J:\DOCS21500\Wappinger\Hilltop Village at Wappinger\I-Iilltop.684.pm subdivision (p+f) final.dhs.doc 9of9