Hilltop Village Site Development Plan & Wetland Permit Approvals~~od~~ i
APR 0 8 2013
TOWN ~FN CLERKER
i1 copy
_ T~ RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
03/18/13
RE: HILLTOP VILLAGE AT WAPPINGER -RESOLUTION OF
SITE DEVELOPMENT PLAN AND WETLANDS PERMIT 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 18th day of March , 2013 at 7:00 P.M.
The meeting was called to order by the Chairman Robert L. Valdati and the Planning
Board member attendance was as follows:
Robert L. Valdati
Angela Bettina
Max Dao
Victor Fanuele
Marsha Leed
Francis Malafronte
June Visconti
by
Present
Present
Present
Present
Present
Absent
Present
The following resolution was moved by June Visconti
Max Dao .
and seconded
WHEREAS, the Town of Wappinger Planning Board has received the application
Toll Brothers Inc. (the "Applicant") on behalf of Contrail LLC (the "Owner") for site
development plan and wetlands permit approvals for construction of a 225-unit (132
detached and 93 attached units) age-restricted residential development known as "Hilltop
Village at Wappinger" (the "Project" or "Proposed Action); and
WHEREAS, the Project 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 a 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
as well as recreation fees in the amount of $1.125 million to be paid to the Town
(included in the "Proposed Action"); and
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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, the Proposed Action also includes Subdivision Plat Approval to
convey 4.05 acres of land from the Contrail, LLC property to the adjacent Buyakowski
property, to create a 1.43-acre property identified on the plans 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; and
WHEREAS, the X149.35-acre subject property is designated as 6257-02-630770 on
the tax maps and is at the intersection of All Angels Hill Road (County Route 94) and Hilltop
Drive within the Multifamily Residence (RMF-3) zoning district except the above mentioned
4.05 acre of land which is located within the R-40 One-Family Residence District (the
"Subject Property" or "Site"); and
WHEREAS, the Applicant has also submitted a set of plans generally entitled
"Hilltop Village at Wappinger, Town of Wappinger, Duchess County, New York"
prepared by Povall Engineering, PLLC:
1. T-1 (Sheet 1 of 48), "Cover Sheet," dated 9/30/2011, last revised 2/15/2013;
2. N-1 (Sheet 2 of 48), "General Notes," dated 9/30/2011, last revised 2/15/2013;
3. N-2 (Sheet 3 of 48), "General Notes," dated 9/30/2011, last revised 2/15/2013;
4. L-1 (Sheet 7 of 48), "Layout Plan," dated 9/30/2011, last revised 2/15/2013;
5. L-2 (Sheet 8 of 48), "Layout Plan," dated 9/30/201 1, last revised 2/15/2013;
6. L-3 (Sheet 9 of 48), "Layout Plan," dated 9/30/2011, last revised 2/15/2013;
7. L-4 (Sheet 10 of 48), "Layout Plan," dated 9/30/2011, last revised 2/15/2013;
8. GU-1 (Sheet 11 of 48), "Grading and Utility Plan," dated 9/30/2011, last revised
2/15/2013;
9. GU-2 (Sheet 12 of 48), "Grading and Utility Plan," dated 9/30/2011, last revised
2/15/2013;
10. GU-3 (Sheet 13 of 48), "Grading and Utility Plan," dated 9/30/2011, last revised
2/15/2013;
11. GU-4 (Sheet 14 of 48), "Grading and Utility Plan," dated 9/30/2011, last revised
2/15/2013;
12. GU-5 (Sheet 15 of 48), "Grading and Utility Plan," dated 9/30/2011, last revised
2/15/2013;
13. GU-6 (Sheet 16 of 48), "Utility Tables," dated 9/21/2012, revised 2/15/2013;
14. PH-1 (Sheet 17 of 48), "Site Phasing Plan", dated 9/30/2011, last revised
2/15/2013;
15. PH-2 (Sheet 18 of 48), "Site Phasing Plan," dated 9/30/2011, last revised
2/15/2013;
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16. EC-1 (Sheet 19 of 48), "Erosion and Sediment Control Plan -Phase lA & 1B,"
dated 9/21/2012, revised 2/15/2013;
17. EC-2 (Sheet 20 of 48), "Erosion and Sediment Control Plan -Phase 2," dated
9/21/2012, revised 2/15/2013;
18. EC-3 (Sheet 21 of 48), "Erosion and Sediment Control Plan -Phase 3," dated
9/21/2012, revised 2/15/2013;
19. EC-4 (Sheet 22 of 48), "Erosion and Sediment Control Plan -Phase 4," dated
9/21/2012, revised 2/15/2013;
20. EC-5 (Sheet 23 of 48), "Erosion and Sediment Control Plan -Phase 5," dated
9/21/2012, revised 2/15/2013;
21. EC-6 (Sheet 24 of 48), "Erosion and Sediment Control Plan -Phase 6," dated
9/21/2012, revised 2/15/2013;
22. EC-7 (Sheet 25 of 48), "Erosion and Sediment Control Plan -Phase 7," dated
9/21/2012, revised 2/15/2013;
23. EC-8 (Sheet 26 of 48), "Permanent Vegetative Cover Plan," dated 2/15/2013;
24. RC-A1 (Sheet 27 of 48), "Road Construction Phasing Plan Road A," dated
9/21/2012, revised 2/15/2013;
25. RC-A2 (Sheet 28 of 48), "Road Construction Phasing Plan Road A," dated
9/21/2012, revised 2/15/2013;
26. RC-A3 (Sheet 29 of 48), "Road Construction Phasing Plan Road A," dated
9/21/2012, revised 2/15/2013;
27. SL-1 (Sheet 30 of 48), "Stormwater Landscaping Plan," dated 9/30/2011, last
revised 2/15/2013;
28. P-1 (Sheet 31 of 48), "Road and Utility Profiles," dated 9/30/2011, last revised
2/15/2013;
29. P-2 (Sheet 32 of 48), "Road and Utility Profiles," dated 9/30/2011, last revised
2/15/2013;
30. P-3 (Sheet 33 of 48), "Road and Utility Profiles," dated 9/30/2011, last revised
2/15/2013;
31. P-4 (Sheet 34 of 48), "Road and Utility Profiles," dated 9/30/2011, last revised
2/15/2013;
32. P-5 (Sheet 35 of 48), "Road and Utility Profiles and Cross Sections," dated
9/30/2011, last revised 2/15/2013;
33. P-6 (Sheet 36 of 48), "Utility Profiles," dated 2/15/2013;
34. P-7 (Sheet 37 of 48), "Utility Profiles," dated 2/15/2013;
35. P-8 (Sheet 38 of 48), "Utility Profiles," dated 2/15/2013;
36. P-9 (Sheet 39 of 48), "Utility Profiles," dated 2/15/2013;
37. RW-1 (Sheet 40 of 48), "CR 94 Road Widening Plan," dated 2/15/2013;
38. TP-1 (Sheet 41 of 48), "MPT Plan for Entrance Work," dated 9/30/2011, last
revised 2/15/2013;
39. D-1 (Sheet 42 of 48), "Site Details," dated 9/30/201 1, last revised 2/15/2013;
40. D-2 (Sheet 43 of 48), "Site Details," dated 9/30/2011, last revised 2/15/2013;
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41. D-3 (Sheet 44 of 48), "Sanitary Sewer Details", dated 9/30/2011, revised
2/15/2013;
42. D-4 (Sheet 45 of 48), "Potable Water Details", dated 9/30/2011, revised
2/15/2013;
43. D-5 (Sheet 46 of 48), "Stormwater Details", dated 9/30/2011, last revised
2/15/2013;
44. D-6 (Sheet 47 of 48), "Stormwater Details", dated 9/30/2011, last revised
2/15/2013; and
45. D-7 (Sheet 48 of 48), "Erosion and Sediment Control Details", dated 9/30/2011,
last revised 2/15/2013; and
WHEREAS, the Applicant has also submitted a set of plans generally entitled
"Landscape and Lighting Plan, Hilltop Village at Wappinger, Town of Wappinger,
Dutchess County, New York" prepared by ESE Land Planning, Engineering, Land
Surveying:
1. SD09.1 (Sheet 1 of 5), "Planting Plan", dated 8/2011, last revised 1/29/13;
2. SD09.2 (Sheet 2 of 5), "Planting Plan", dated 8/2011, last revised 1/29/13;
3. SD09.3 (Sheet 3 of 5), "Planting Plan", dated 8/2011, last revised 1/29/13;
4. SD09.4 (Sheet 4 of 5), "Details and Specifications", dated 8/2011, last revised 1/29/13;
and
5. SD09.5 (Sheet 5 of 5), "Typical Landscape Plan", dated 8/2011, last revised 1/29/13;
and
WHEREAS, the Applicant has also submitted a set of architectural elevations and
floor plans generally entitled "Hilltop Village at Wappinger, Town of Wappinger,
Dutchess County, New York" prepared by Toll Architecture:
1. A-1 (Sheet 1 of 8), Farmington Federal Elevation and Floor Plan, dated 2/15/2013;
2. A-2 (Sheet 2 of 8), Norwich Eastern Shore Elevation and Floor Plan, dated
2/15/2013;
3. A-3 (Sheet 3 of 8), Stamford Manor Elevation and Floor Plan, dated 2/15/2013;
4. A-4 (Sheet 4 of 8), Walden Manor Elevation and Floor Plan, dated 2/15/2013;
5. A-5 (Sheet 5 of 8), Regency at Methuen-Meadows Elevation and Floor Plan, dated
2/15/2013;
6. A-6 (Sheet 6 of 8), Tamarack Elite Elevation and Floor Plan, dated 2/15/2013;
7. A-7 (Sheet 7 of 8), Regency at Prospect Elevation and Floor Plan, dated
2/15/2013; and
8. A-8 (Sheet 8 of 8), Clubhouse Elevation and Floor Plan, dated 2/15/2013, (the
total of fifty eight (58) drawings listed above under three different sections
constitute the "Site Plan Drawings"); and
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WHEREAS, the Applicant also submitted a Water Supply System Engineering Report
last revised 2/15/2013, a Sanitary Sewer System Engineering Report and Off-site Sanitary
Sewer System Evaluation last revised 1/31/2013, and a Stormwater Pollution Prevention Plan
last revised 1/31/2013; and
WHEREAS, there are Town regulated, the New York State Department of
Conservation (NYSDEC) regulated and U.S Army Corps of Engineers (ACOE) regulated
wetlands on the Subject Property; and
WHEREAS, the Proposed Action will result in 0.061 acres of disturbance to Town
and ACOE regulated wetlands and 1.31 acres of disturbance to Town regulated wetlands
buffer; 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
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 the
Wappinger Environmental Quality Review law; 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
WHEREAS, 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
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WHEREAS, a duly advertised public hearing was opened on April 16, 2012 on the
DEIS and continued on May 7, 2012, at which times all those wishing to be heard were
given the opportunity to be heard and the hearing was closed on the latter date; and
WHEREAS, public comments on the DEIS 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 Board's SEQRA process for the Proposed Action; and
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
WHEREAS, the Planning Board is familiar with the Site and all aspects of the Project
and is satisfied that the Project will comply with the Zorling Law including without limitation
the Site Development Plan, Parking and Performance Standards of Articles IX, X and XI
respectively of the Zoning Law, Chapter 137, Freshwater Wetland, Waterbody and
Watercourse Protection, of the Town Code as well as other applicable laws and regulations
subject to the conditions below.
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 Site Development Plan and Wetlands Permit
Approvals to the Project for the construction of a 225-unit (132 detached and 93
attached units) age-restricted residential development including 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 a 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
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Hill Road," a water and sewer buy-in fee of $243,000 as well as recreation fees in
the amount of $1.125 million to be paid to the Town, in accordance with the
provisions of Articles 1X, X, and XI of the Zoning Law and Chapter 137, Freshwater
Wetland, Waterbody and Watercourse Protection, of the Town Code subject to the
following conditions and modifications:
a. The following conditions shall be fulfilled prior to the issuance of any
permit or permission for any clearing, grading, utility installation or site
improvements being issued to the Project:
(1) The Property Owner and Applicant shall endorse and submit a copy of
this Resolution to the Zoning Administrator for filing.
(2) The Owner of the Subject Property shall submit a copy of the current
deed to prove his ownership of said property.
(3) 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.
(4) 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 Engineer, Town Attorney
and Town Planner. (This resolution is structured to follow the plan set
as currently submitted.)
(5) The Applicant shall submit the following plans, documents and other
items in association with the initial clearing and grading for the
construction of Road A, the stormwater management features in Phase
1, and the grading for Phase 1 (the "Initial Phase"):
(a) A cash restoration guarantee which meets the satisfaction of the
Town Attorney and the Town Engineer in form and amount.
(b) A plan (or plans at the discretion of the Town) which meets the
satisfaction of the Town Attorney, Town Engineer and Town
Planner, and which shows all of the work involved in this Initial
Phase. Said plan(s) shall show items including but not limited to
that access to the Flavormatic property shall be maintained in
passable condition at all times and erosion and sedimentation
measures.
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(b) An explanation of precautions relative to the protection of the
Indiana Bats during the construction period after March 31, 2013
to the satisfaction of the Town Planner.
(c) A SPDES filing to the satisfaction of the Town's Engineering
Consultant.
(6) 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:
(a) The Applicant shall revise Sheet 1, Cover Sheet to change the
proposed zoning to existing zoning R1VIF-3. The local law
making the zoning change shall be stated on this sheet.
(b) The Applicant shall revise Sheet 2, General Notes to address
_ the following: General Note #2 says the topography is
approximate. The USGS datum shall be revised to clarify
which of the two possible datums is meant. Further, the NFIP
requires that a Base Floor Elevation (BFE) shall be
determined for a development as large as Hilltop Village.
The plan shall be revised to show that all proposed dwellings,
including basements are elevated above the BFE in
accordance with the Town Code. The BFE shall be stated on
a drawing that also shows the BF or FF elevations as
applicable. The general note about the floodplain shall
identify the plan sheets to which it applies, or it shall be
transferred to the sheets where it in fact applies.
(c) The Applicant shall revise Sheets 7 to 10, Layout Plan as
follows:
[1] The plan shall be revised and supplemented to show a
temporary sales office for Toll Brothers and a
contractor staging area and yard. The Toll Brothers
sales office will likely remain in the same location
until full buildout of the development, and the plan
shall show the proposed water and sewer
arrangements. (The Town Dedication Parcel may be a
suitable location.) The contractor staging area and
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yard may be relocated as the development is
constructed.
[2] The SWPPP shall be revised to address the ground
disturbance and restoration for the areas noted above.
[3] The "corner lot" house sites shall be laid out with the
driveway as far removed as possible from the adjacent
intersection (for example, S89 shall be reconsidered).
The sites opposite a Tee intersection shall have the
driveway as nearly opposite the stem of the approach
road as possible (for example, S21 is well laid out).
(d) The Applicant shall revise Sheets 11 to 15, Grading and
Utility Plan as follows:
[1] It appears a water shut off valve shall be shown on the
water service to the proposed Town Dedication Parcel.
[2] T'he drawing on Sheet 11 shall contain a reference to
see the CR 94 plans (Sheets 40 and 41) for all work in
or adjacent to CR 94.
[3] The drawings shall clarify what utility work will be
done by the developer, and what work will be done by
the gas company, the electric company, the telephone
company and the cable company. The drawings shall
clarify who will be responsible for ESC for the work
by others, and if not the developer, how will erosion
and sediment controls be enforced and coordinated
with the TBI SWPPP and NOI that may be intended to
cover all construction on the site and adjacent areas,
but does not address offsite utility company work.
[4] Sheet 11 shall be clarified regarding push braces and
guy wires for the poles at each end and along the
revised line near Road A Sta 5 to 8. The plan shall
show the features, and be sure that they do not intrude
on the clear roadside area of the proposed Town Road.
The Highway Superintendent shall approve any braces
or anchors between the poles and the road within the
roadway R-O-W. The poles as shown appear to be in
acceptable locations.
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[5] The plan shall show the water mains with a pair of ?
bends instead of a '/ bend near Road A Sta 10+75 RT.
Except at a tee fitting, all water main changes in
direction shall be made with less than '/ bends.
[6] Although gasketed, jointed water main shall be laid
with a small deflection between spool pieces, the
pipeline shall be laid as straight as possible with bend
fittings to create an arc. The plan shall show revised
water main layouts near, for example, T61 to T65, T86
to T87, T54, Road A Sta 11 to 15+50, and all internal
roads, using straight runs and (typ) 1/16 bends.
[7] This set of plan sheets shall show the proposed
guiderails and terminations. Dip-down ends are
preferred to the Trinity Industries ET-Plus terminal
unit. It appears guiderails shall be shown adjacent to
ponds, at high fill sections and where fill slopes are
steeper than 3:1. The guiderail detail shall identify the
roads and stations where it applies.
[8] This set of plan sheets shall show notes similar to
Utility Notes 5 and 7 on Sheet 2.
(e) The Applicant shall revise Sheets 17 and 18, Site Phasing
Plan and Sheets 19 to 26, Erosion and Sediment Plan to
include a Toll Brothers sales office and contractor yard and
staging areas.
(fj The Applicant shall revise Sheets 27 to 29, Road Construction
Phasing Plan as follows:
[1] The plan shall show the braces and guy wires for the
existing and relocated poles along Road A and resolve
comment 4.d [4] above.
[2] It appears the drawings shall show the phase in which
the work within CR 94 will be completed to make the
connections to the existing gas main (by others, but
shown for sequencing purposes) and the existing water
main.
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[3] If possible, the source pole for the wire utilities shall
be identified, and any required conduits shall be
constructed under pavement, for example to service the
proposed Town Dedication parcel.
[4] Consideration shall be given to extending the short
utility extensions in Phase 1 C to incorporate the
further short extensions shown in Phase 1 H, even if the
road that will be abandoned has to be cut and patched.
(g) The Applicant shall revise Sheet 35, Road and Utility Profiles
to include insulation below the water main where it crosses
the 60" culvert with less than 5' of separation.
(h) The Applicant shall revise Sheets 42 and 43, Site Details as
follows:
[1] The typical road section detail shall show the guiderail
location, and required grading as shown on the GR
detail.
[2] The pavement markings detail shall be revised to be
sure that all words and numbers are clear, not
overlapping with black printed areas in the detail.
[3] The road name sign detail shall note that two panels
are required at each post.
[4] The guide rail detail shall show and dimension the
offset from the face of guiderail to the face of curb or
edge of road. Note that if vertical curb is used, the
guiderail shall conform to the most recent NYSDOT
guidelines. It is not sufficient to refer to a NYSDOT
standard sheet that the contractor will probably not
have.
[5] The retaining wall detail shall show a note similar to
General Note 6 on Sheet 2.
[6] The pool area fence detail shall have a note to the
effect of "Fence shall be approved by the Building
Inspector".
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(i) The Applicant shall revise Sheet 45, Sanitary Sewer Details
as follows:
[ 1 ] The cleanout detail shall be supplemented with a detail
for use in paved areas.
[2] The sewer manhole detail shall be revised:
[a] To identify who the engineer is in Note 1.
[b] To resolve the various concrete strengths called
out among the details. Note 5 says 3500 psi,
but the separate bench detail below says 4000
psi.
[c] To resolve the various pipe joint distances.
Note 11 says 3' to 5', and the detail in the lower
right includes a table.
[d] To show the maximum depth below top of
cover to the first rung to be 24".
[e] To show the bench to match the separate detail
shown below.
[3] The sanitary sewer trench detail shall be revised:
[a] To label the topmost lift of asphalt as wearing
or top course.
[b] To resolve the % compaction required for the
run-of-trench compared to other notes.
[4] The insertion manhole detail shall be revised:
[a] To call out a 30" cover.
[b] To show the maximum depth below top of
cover to the first rung to be 24".
[c] To show a chart or table to relate the wall
thickness and manhole diameter. Only a
thickness "T" is shown with no dimension.
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[d] To show how the rubber water stop can be
installed. The bentonite water stop appears
more appropriate. But see also Section A-A in
the same detail.
[e] To revise the bench in Section A-A to match the
bench as shown in the detail to its right.
[5] Sheet 46 shall be revised to clarify for both catch basin
details that the 4" dimension shown is from the corner
to the opening as cast for the pipe. Precast "knockout"
basins shall not be used. If a hole is field broken into
the wall, the remaining wall shall be minimum 4" from
the corner to the edge of remaining concrete. The
opening shall be sealed and parged after the pipe is
inserted. Further, the 4" minimum applies to a skewed
pipe entrance also. The catch basins shall be reviewed
to be sure that all oversize basins are noted.
[6] On Sheet 47, the OCS detail shall be revised to show
the maximum depth below top of cover to the first rung
to be 24", and to identify the 4" to corner dimension to
match the catch basin detail.
(j) The Applicant shall revise water system plans and
specifications (Sheets 1 through 3, 11 through 15, 27 through
29, 31 through 39 and Sheet 45) and the YVater Supply System
Engineering Report last revised 2/15/2013, as follows:
[ 1 ] The needed fire flow chart on Page 2 of the
Engineering Report applies for 1 and 2 family
dwellings. It appears that some of the townhomes are
3 family dwellings. Either the needed fire flow will
have to be determined for this type of townhome
layout or the fire flow analysis will need to be
completed at a rate of 1500 GPM for these areas.
[2] For the services, 1" services shall be considered at the
higher elevations within the development. Based upon
the layout provided, it appears that each home or
townhome shall be required to have an individual
meter.
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[3] There are some discrepancies between the Engineering
Report, Plans and Specifications. The specifications
shall note that Class 52 ductile iron water main will be
provided (not class 150). The plans and specifications
shall reference the latest AWWA C600 specifications
and the pressure test allowable loss coefficient shall be
revised from 133,200 to 148,000. The service detail
on the plans note that individual PRVs will be
provided for pressures exceeding 60 psi, but the
Engineer's report notes this only for pressures
exceeding 80 psi. These items shall be resolved.
[4] The Applicant shall review and confirm the value of
the lengths used on the restraint details.
[5] A wet tap detail shall be included or appropriate detail
shown for each of the 3 proposed connection locations.
[6] The Applicant shall clarify whether the proposed
project phasing affect the results indicated in the
Engineer's Report.
(k) The Applicant shall revise the plans (Sheets 1 through 3, 11
through 16, 27 through 29, 31 through 39 and Sheet 44) and
the Sanitary Sewer System Engineering Report and Of,~=site
Sanitary Sewer System Evaluation report last revised
1/31/2013, as follows:
[1] The utilities profiles shall show the existing sanitary
sewer crossings from MH A-20 to SMH EA1.
[2] The Applicant shall ensure that the existing Flavormatic
site will continue to have sewer service available between
construction phases 1 G and 7. The plans shall be revised
to reflect this.
[3] The Road "B" profile shall include the proposed sewer
from SMH A8 to SMH A9.
[4] The Applicant shall revise Note 14 of the Water Supply
and Sewage Disposal System Notes on Sheet N-1 and the
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Sanitary Sewer Trench Detail on Sheet D-3 to include
SDR-26 pipe for trenches deeper than 14 feet.
[5] The Applicant shall revise Notes 3 and 4 in the Sanitary
Sewer Trench Detail to match the notes on the detail
concerning the size of particles in the baclcfill.
[6] The Applicant shall address the bench slope discrepancy
between the Invert, Channel and Benchwalls detail and
the Sanitary Sewer Manhole detail.
[7] In the Precast Concrete Insertion Manhole-Dog House
Style detail the "undisturbed earth or structural fill" note
incorrectly points to the crushed stone layer. The
Applicant shall revise the detail accordingly.
[8] The Applicant shall revise Note 2 of the Water Supply
and Sewage Disposal System Notes on Sheet N-1 to
include detectable tape over the sewer main.
[9] The plans shall be revised to eliminate references to
sewer pump stations and force mains in the Water Supply
and Sewage Disposal System Notes on Sheet N-1.
[10] A note shall be added to the testing notes that sewers and
manholes shall not be tested until at least 30 days after
installation and baclcfill.
[11] Vacuum Testing of Sanitary Sewer Manholes notes on
Sheet N-1 shall include reference to ASTM C 1244.
[ 12] Low Pressure Air Exfiltration Test notes on Sheet N-1
shall include reference to ASTM F 1417. Sewer mains
with groundwater levels above the invert of the pipe shall
be tested with the Exfiltration Test.
[13] Deflection Testing notes on Sheet N-1 shall be revised to
note that deflection testing shall be done without the aid
of mechanical pulling devices. Also, note 3 is incomplete
and shall be revised.
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[14] Note 2 in the Fill and Backfill Notes on Sheet N-1 shall
be revised to read as "95%" per the notes on the Sanitary
Sewer Trench Detail.
[15] Sanitary sewer pipe shall be specified as follows:
ASTM D 3034, SDR 35 (SDR 26 for pipes deeper than
14 feet), with bell-and-spigot ends for gasketed joints
with ASTM F 477, elastomeric seals, color: green.
[16] Materials used for bedding and backfill of pipe and
manholes shall be specified with reference to ASTM,
NYSDOT or similar standard.
(1) The Applicant shall revise the plans and the Stormwater
Pollution Prevention Plan (SWPPP) last revised 1/31/2013, as
follows:
[1] The required infiltration testing results for Bioretention
Filter 1B shall be included in the SWPPP. The Town
Consulting Engineer shall be notified when the
infiltration testing will be performed to allow inspection
of testing conditions and methods.
[2] The discharge pipe and spillway for Bioretention Filter
2B are directed toward existing residential structures.
The orientation of these structures shall be shifted toward
the existing wetland area north of the practice in such a
manner that will not result in flooding of downstream
parcels.
[3] The SWPPP and plans shall be updated to reflect the
most recent FEMA floodplain mapping for Dutchess
County released in 2012.
[4] The soil descriptions provided in Section 2.3 of the
SWPPP shall be revised to include the soil erodibility
factor (K) and a discussion of the erosion potential for the
onsite soils.
[5] Section 2.4.2 of the SWPPP makes reference to replacing
the existing twin culverts with twin 30 inch 1-IDPE pipes.
The current design drawings indicate that a 60 inch
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culvert will be installed. Either the SWPPP or design
drawings shall be revised to eliminate this discrepancy.
[6] The SWPPP shall be revised to include documentation
showing compliance with the Five Step Process for
Stormwater Site Planning and Practice Selection.
[7] The SWPPP includes calculations that indicate
conformance with the minimum Runoff Reduction
volume (RRv). However, the standard provided in the
SWDM is that the RRv is to be the reduction of the total
Water Quality volume (WQv) unless objective technical
justification is documented. The SWPPP currently
calculates RRv for each individual stormwater
management practice (SMP), alternatively it is suggested
that RRv shall be evaluated at each design point to take
advantage of the open space area provided in this
application.
[8] The SWPPP shall be revised to provide a comparison of
the required versus provide WQv.
[9] The bioretention filter design calculations in Appendix F
shall be revised to address the requirement to temporarily
hold 75% of the WQv prior to filtration.
[10] The WQv used in the design calculations for Pond 2 does
not match the reduced WQv provided in the RRv
calculations for Subcatchment 130. In addition, the
Channel Protection volume (CPv) utilized in the pond
design calculations for Pond 2 does not match the
volumes calculated for Subcatchment 130. All design
calculations shall be should be reviewed for consistency
with calculated WQv and CPv.
[11] Clarification shall be provided regarding the assumptions
made to determine the WQv for the future development
area (Subcat. 121) in the design calculations for Pond 2.
[12] The owner's tax ID shall be provided on the Notice of
Intent prior to approval of the MS4 Acceptance Form.
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[13] According to the SWPPP, a safety bench and aquatic
bench are not provided for Ponds 2P, 3P and SP. Pond
benches are required elements in accordance with the
NYS Stormwater Management Design Manual (SWDM)
and therefore Item 23 in the Notice of Intent (NOI) shall
indicate that the Water Quality and Quantity Control
components have not been designed in conformance with
the current SWDM. In addition, the space provided in
Item 28 shall be used to explain the design deviation.
[14] Additional notes and a standard detail shall be provided
on the plans to indicate the various requirements for
Rooftop Disconnection. These requirements include the
use of splash blocks or level spreaders for all
downspouts, minimum separation distances to impervious
surfaces and maximum yard slopes as detailed in the
SWDM.
[15] A landscaping plan shall be provided that indicates the
size, species and location of all proposed trees that have
been included in the RRv calculations. A plan shall also
be provided that shows the proposed trees in relation to
the proposed drainage area boundaries.
[16] Sizing calculations for all temporary sediment basins and
traps shall be included in the SWPPP.
[17] The WQv used in the RRv calculations for
Subcatchments 130 and 330 in Appendix F do not match
the volume calculated in the WQv calculation table. This
shall be addressed.
[ 18] Vegetated Swale flow calculations shall be provided for
the swale in Subcatchment 130 similar to those provided
for other subcatchments.
[19] The Post-Construction Inspection & Maintenance Table
in the SWPPP shall be modified to require swale
vegetation height to be maintained between 4 - 6 inches.
[20] Further clarification shall be provided to show how
Subcatchment 140, 310 and 320 meet the maximum slope
and separation criteria for Rooftop Disconnection.
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[21] Vegetated Swales that are proposed for RRv purposes
shall be clearly labeled on the grading plans.
[22] A hydraulic analysis of the proposed storm water
collection system shall be provided for review. This
analysis shall demonstrate a capacity to collect and
convey the 25-year design storm and include an
evaluation of the hydraulic grade line and grate inlet
capacity for all on and off-road catch basins.
[23] At the discretion of the Town, a stormwater maintenance
agreement shall be provided or a stormwater maintenance
district must be formed and all associated easements
shown on the plans to ensure the long term operation and
maintenance of the proposed stormwater management
practices.
[24] Erosion & Sediment Control Plans shall be revised as
follows:
[a] The "Light Shading" on the erosion and sediment
control plans is difficult to read and shall be
modified to be more visible.
[b] The catch basin inlet protection symbol shall be
enlarged to be more legible on all sheets.
[c] All proposed silt fence shall be reviewed to ensure
installation parallel to existing contours and not in
the path of channelized flow.
[d] All areas where rolled erosion control products
(RECP) will be utilized shall be identified on the
plans. According to the detail provided on Sheet
D-7, this includes all slopes of 3:1 or steeper.
[e] According to the plans provided, there will be a
number of construction roads established for
utility installation and bulk grading purposes. As
a result, notes related to construction road
stabilization, in accordance with the Blue Book,
shall be added to the plans.
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[fJ Construction staging and equipment storage areas
shall be identified for each phase of construction.
[g] Due to the large amount of excavation proposed
for this project and the potentially long
construction period, the erosion and sediment
control plans shall be modified to show how
proposed grading will be tied into existing grade at
the boundary of each phase. This will ensure
proper installation of erosion and sediment control
practices as well as clarify the timing of when
various practices will be required (i.e. retaining
walls, swales, etc.).
[25] Phase lA/1B: Sheet EC-1 shall be revised as follows:
[a] Partial construction of the Swale along All Angels
Hill Rd could result in channelized flow directed
toward existing structures. Delaying construction
of this Swale until Phase 7 shall be considered.
[b] Erosion and sediment controls shall be provided
for the area of disturbance related to utility
installation at the end of Rich Road.
[c] The proposed construction sequence shall be
revised to require installation of the proposed
sediment basin prior to any road construction
activities.
[d] The construction sequence shall provide
additional detail for the replacement of the
existing twin culverts to minimize erosion and
sediment deposition in the stream bed.
[26] Phase 2: Sheet EC-2 shall be revised as follows:
[a] Installation of the sediment basin at Pond 4P shall
be considered to provide sediment trapping
capability during Phase 2 utility installation and
Phase 3 bulk grading operations.
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[b] Erosion and sediment controls shall be provided
for the area of disturbance related utility
installation in Shamrock Hills Drive.
[c] Catch basin inlet protection shall be provided for
catch basins in Phase 1 that will receive runoff
from Phase 2.
[d] A stabilized construction entrance shall be
provided in the road near Units T3 & T18.
[27] Phase 3: Sheet EC-3 shall be revised as follows:
[a] A stabilized construction entrance shall be
provided in the road near Unit 593.
[b] The proposed Swale behind Units S93 - S99 shall
include check dams and be extended to Pond 4P.
[c] Catch basin inlet protection shall be provided for
catch basins in Phase 2 that will receive runoff
from Phase 3.
[d] A sediment trap or basin shall be provided for the
larger section of Phase 3.
[28] Phase 4: Sheet EC-4 shall be revised as follows:
[a] Construction entrances shall be provided at all
intersections with paved roads.
[b] The proposed stockpile behind unit S 110 shall be
relocated to an area that will drain toward the
temporary sediment basin.
[c] Check dams should be considered for the Swale
behind units S 100-5106.
[d] Water bars shall be considered for the proposed
pond access road.
[29] Phase 5: Sheet EC-5 shall be revised as follows:
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[a] Catch basin inlet protection shall be provided for
all downstream catch basins receiving runoff from
Phase 5.
[b] Silt fence shall be provided along the front of
Units 585-588.
[30) Phase 6: Sheet EC-6 shall be revised as follows:
[a] A stabilized construction entrance shall be
provided on the road near Units 554/563.
[b] The shading that indicates the area of bulk grading
during previous phases shall be fumed off.
[31 ] Phase 7: Sheet EC-7 shall be revised as follows:
[a] A stabilized construction entrance shall be
provided.
[b] Temporary fencing around Bioretention Filter 1B
to protect the area from compaction shall be
shown on the plans.
[32] Lawn Seed Mix is indicated for use on a number of steep
slopes on the Permanent Vegetative Cover Plan. The
Applicant shall clarify the criteria used to determine when
the lawn seed mix versus the erosion control seed mix
was specified.
[33] The Typical Pond Cross Section detail on Sheet D-5
indicates that the temporary sediment basins will only be
excavated to a depth 1 foot below the proposed
permanent pool elevation. In our experience, it is best to
maximize the volume of sediment basins. The Applicant
shall explain why the sediment basin will not be
excavated to the full depth of the proposed pond.
[34] The catch basin details provided on Sheet D-5 shall be
modified to eliminate sumps for all off-road catch basins.
[35] The inspection frequency noted in the Erosion &
Sediment Control Inspection and Maintenance Schedule
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on Sheet D-7 shall be clarified. All temporary erosion
controls shall be inspected by the Trained Contractor on a
daily basis. Additionally, seeding and mulching
stockpiles shall be added to the schedule of regular
maintenance activities.
[36] Sheet D-7 includes a detail for a catch basin grate inlet
filter. This is not an approved practice in New York State
and therefore the detail shall be removed from the plans.
[37] A sediment basin/trap dewatering detail and a sump pit
detail in conformance with the NYS Standards and
Specifications for Erosion and Sediment Controls (Blue
Book) shall be provided.
[38] The offsite time of concentration segment labels shall be
shown on Figures 4 and 7.
[39] The sample Construction Duration Inspection forms
provided in Appendix D shall include a prominent note
requiring photographic documentation of all noted
deficiencies and corrective actions.
(m) The plans shall provide appropriate notes regarding the year-
round maintenance (including but not limited to snow
removal) of the entire length of the emergency access road
(Road E). Further the type of gate(s) and the method of
securing same shall be such that it meets the satisfaction of
the emergency service organizations. In addition, a
determination shall be made as to whether the single proposed
gate is appropriate of if, for example, there should be gates at
both ends of Road E.
(7) The Applicant shall amend the above mentioned plans to the satisfaction
of the Town's Planning Consultant as follows:
(a) The Applicant shall revise Sheet 5 of the Landscape and
Lighting Plan to remove the invasive ornamental grass
species; Miscanthus sinensis `Gracillimis' and Maiden Grass
and replace them with native non-invasive species.
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(b) The Applicant shall revise the Landscape and Lighting Plans
to increase the number of trees and shrubs to 303 to be
consistent with the Findings Statement.
(c) The Applicant shall revise Sheet D-7 to address the following:
[1] After completion of grading in the reforestation areas,
and prior to the installation of the reforestation plants,
these areas shall receive a permanent ground cover that
will limit erosion of the areas as the new forest
plantings are growing.
[2] Sheet D-7 was revised to add notes indicating the site
circumstances under which the three seed mixes listed
therein would be utilized. However, two of the seed
mixes listed, the Erosion Control Mix and the
Northeast Upland Wildflower/Restoration Erosion Mix
contain invasive plant species. In addition, the
Northeast Upland Wildflower/Restoration Erosion Mix
is not suitable for slopes greater than 10%. Therefore,
the referenced steep slope areas shall be planted and
maintained as meadows using different seed mixes that
are suitable for the extremely steep slopes to be created
on the site, are made up of mostly native plant species,
and do not contain any invasive species.
[3] The revised planting plan shall include the seed
suppliers, the recommended rates of seed-mix
application, the exact titles of each of the seed mixes
chosen, the post-construction establishment-period
monitoring and maintenance plans recommended by
the suppliers, and the post-establishment mowing and
maintenance plans recommended by the suppliers to
perpetually maintain the meadows and eliminate
establishment of invasive species.
[4] The Applicant shall revise the planting plan to provide
the names and all requested information from all seed
suppliers, if proposing seed mixes from different
providers.
The Applicant shall fulfill all of the conditions above prior to the Chairman of
the Planning Board endorsing the set of Initial Phase drawings and prior to
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the Chairman signing this resolution in the place provided below, thereby
authorizing the Building Department to issue permission or a permit(s) for the
Initial Phase as defined above.
b. The following conditions shall be fulfilled prior to the issuance of any
permit or permission for any clearing or grading (other than in Phase
1), utility installation, road construction or Building Permits for home
construction, etc. in the Project:
(1) The Applicant shall submit evidence to the Planning Board of the
issuance of approval from the Dutchess County Department of
Health.
(2) The Applicant shall submit evidence to the Planning Board of the
issuance of approval from the Town of Wappinger Water
Department.
(3) The New York State Department of Environmental Conservation
wetland boundary verification shall be recertified by the NYSDEC
within three (3) months of its expiration on November 30, 2014. If
any modification to the wetlands boundary generates any needed
changes to the Project, said changes shall be subject to the review
and approval of the Planning Board.
(4) Sheet 41, MPT Plan for Entrance Work shall be subject to review and
approval of the Dutchess County Department of Public Works.
(5) The plans shall show any easements and maintenance areas deemed
necessary by the Town Attorney and Town Engineer. Further, any
said easements and maintenance areas shall be accompanied by legal
instruments which meet the Town Attorney and Town Engineer's
review and approval in terms of form and substance.
(6) 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.
(7) All required inspection fees shall be submitted by the Applicant in
accordance with the requirements of the Wappinger Town Code.
(8) Pursuant to Section 240-86.0(5) of the Zoning Law, the Planning
Board finds that a proper case exists for requiring that additional
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parkland be suitably located for playground and other recreational
purposes within the Town, but the Board determines that a suitable
park of adequate size to meet this requirement cannot be properly
located on the Subject Property and, therefore, a recreation fee in the
amount of $1.125 million shall be paid to the Town by the Applicant.
(9) 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.
(10) 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.
(11) The Applicant shall pay a water and sewer buy-in fee to the Town in
the amount of $243,000 to the satisfaction of the Town Attorney.
(12) The Applicant shall submit the draft Condominium Owners
Association documents for the review and approval of the Town
Attorney.
(13) The Hilltop Village at Wappinger Final Plat shall be filed in the
Dutchess County Clerk's Office and receipt of said filing shall be
submitted to the Town Building Department.
The Applicant shall fulfill all of the conditions in the above section of the
resolution (i.e., (b)(1) through (13)) prior to the Chairman of the Planning Board
endorsing the set of site plan drawings and prior to the Chairman signing this
resolution in the place provided below, thereby authorizing the Building
Department to issue permits for work beyond the Initial Phase.
c. The following conditions shall be satisfied prior to the issuance of
Certificates of Occupancy for each respective phase of the Project:
(1) The Applicant shall fulfill all of the conditions of, and shall complete all
improvements required in accordance with this resolution for said
respective phase to the satisfaction of the Town.
(2) The Fire Prevention Bureau and the Fire Inspector shall inspect the
premises, and evidence of their satisfaction shall be submitted to the
Town Zoning Administrator for said respective phase.
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(3) Certified "as-built" drawing(s) shall be submitted to the Town Zoning
Administrator for said respective phase.
d. The following are miscellaneous conditions which shall be fulfilled as the
process moves forward:
(1) The Town shall be copied on all correspondence submitted to the
ACOE.
(2) The Town shall be copied on all correspondence submitted to the
Dutchess County Department of Public Works.
(3) The Town shall be copied on all correspondence submitted to the
Dutchess County Department of Heath.
(4) The Town shall be copied on all correspondence submitted to the
New York State Department of Environmental Conservation.
3. The Meadowwood Loop shall be constructed by Toll Brothers as part of the off-
site improvements no later than July 2013 or within six (6) months of all required
approvals and/or permits being secured by the Town, and with time of the essence.
4. 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 the 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 only be
made in accordance with the provisions of Chapter 240 Attachment 6:1, Planning
and Zoning Departments Fees and Escrow Funds.
5. In accordance with Article IX of the Zoning Law, unless otherwise extended by the
Planning Board for good cause shown, this Site Development Plan Approval shall
expire and become void one (1) year from the date of the adoption of this Resolution if
an application for a Building Permit has not been made, or three (3) years from the
date of the adoption of this Resolution if construction in conformance with the
approved Site Plan has not been completed, if the construction is not prosecuted with
reasonable diligence, or if the premises has been substantially vacant or inactive for
more than three (3) years.
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Notwithstanding the above, because this Project is proposed to be phased over six
(6) years, the Planning Board hereby extends the above mentioned completion
date for construction of the Project by three (3) years. For further extensions, an
application for extension of site plan approval shall be made by the applicant to
the Planning Board prior to the expiration of the specific time period sought to be
extended. The Planning Board may extend all time limits for good cause shown,
if the Board deems such extension warranted.
6. The continued validity of any Building Permit or Certificate of Occupancy issued in
accordance with the approved site plan shall be subject to continued conformance with
such approved Site Development Plan and Wetlands Permit.
7. The Planning Board Chairman shall endorse a copy of this resolution certifying its
correctness. The Owner and 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, six (6) sets of the above referenced plans, 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 Applicant has complied with the above conditions of approval
and that the issuance of a Building Permit is authorized for the improvement set
forth in this Project.
One (1) set of the endorsed plans will be returned to the Applicant, one (1) set will
be retained by the Planning Board, and one (1) set each will provided to the Town
Building Inspector, Town Engineer, Town Highway Superintendent and Town
Fire Inspector.
8. The Applicant must return for approval from the Planning Board if any changes to
the endorsed plans and/or this resolution of approval are subsequently desired.
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: Aye
Angela Bettina Voting: Aye
Max Dao Voting: Aye
Victor Fanuele Voting: Aye
Marsha Leed Voting: Aye
Francis Malafronte Voting: Absent
June Visconti Voting: Aye
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The resolution is hereby duly declared adopted.
Dated: March 18 , 2013
Wappingers Falls, New York
~,'
~::.~ ~ .
Robert L. Valdati, Chairman D
Town of Wappinger Planning Board
~3
Inc. '~ ~rt~°'~ Date
~ Tow ~~
Appli
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~-5- ~3
Contrail LLC Date
Owner
The following endorsement hereby confirms that the Applicant has fulfilled all of the
conditions of this resolution necessary for permission for site improvements in
connection with the Initial Phase, as defined above, of the Project.
Robert L. Valdati, Chairman
Town of Wappinger Planning Board
Date
The following endorsement hereby confirms that the Applicant has fulfilled all of the
conditions of this resolution necessary for permission for site improvements beyond
the Initial Phase, as defined above, of the Project.
Robert L. Valdati, Chairman
Town of Wappinger Planning Board
J:\DOCS21500\Wappinger\Hilltop Village at Wappinger\Hilltop.684.prn (sp+wetlands) final.dhs.doc
Date
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