2014-265 2014-265
Resolution Accepting Amended Declaration Establishing Drainage Easement And Covenant To
Maintain Stormwater Management Systems In Connection With Prestige Mini
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October 27, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2014-265
Yes/Aye No/Nap Abstain Absent
El adopted
❑ Adopted as Amended Barbara Uutzler Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter El ❑ ❑ ❑
❑ Tabled Vincent Bettina Mover El ❑ ❑ ❑
❑ Withdrawn Ismav Czarniechi Voter Q ❑ ❑ ❑
Michael huzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Bettina and seconded by Councilman
Kuzmicz.
WHEREAS, Pepper White Partners, LLC, a Limited Liability Corporation is the owner of certain real
property, to wit: (1) a parcel located on 1162 Route 9 in the Town of Wappinger, Dutchess County, New
York, described in a certain deed dated January 8, 2014 and recorded in the Dutchess County Clerk's
Office on January 16, 2014 as document 4 02 2014 419 and is fiirther identified as Tax Grid
Identification Number 135689-6157-04-674155, and (2) a parcel located at 1176 Route 9 in the Town of
Wappinger, Dutchess County, New York, described in a certain deed dated May 15, 2014 and recorded
in the Dutchess County Clerk's Office on May 29, 2014 as document 4 02 2014 3145 and is fiirther
identified as Tax Grid Identification Number 135689-6157-04-659168; and
WHEREAS,the aforementioned parcels have been merged, consolidated and combined into a
single parcel by virtue of Preliminary and Final Subdivision Plat Approvals for Lot Merger granted by
the Town of Wappinger Planning Board by Resolution dated September 3, 2014, which Plat is intended
to be filed in the Dutchess County Clerk's Office simultaneously with this Declaration, such lands
collectively hereinafter referred to as the"Property; and
WHEREAS, the Property was also the subject of an Amended Site Plan, Special Permit and
Wetlands Permit Approval granted by the Town of Wappinger Planning Board pursuant to Resolution
dated September 3, 2014; and
WHEREAS,the project proposed to be undertaken on the Property requires the constriction of
a stormwater management facility that is required by the Federal Clean Water Act, the New York
Environmental Control Law, and the regulations of the New York State Department of Environmental
Conservation pertaining to the State Pollutant Discharge Elimination System("SPDES"); and
WHEREAS, SPDES requires preparation and submission of a Stormwater Pollution Prevention
Plan ("SWPPP") for the project in accordance with SPDES regulations and Chapter 213 of the Town of
Wappinger Code; and
WHEREAS, a SWPPP dated August 2014 and last revised September 2014 was prepared by
Lawrence J. Paggi, P.E. which SWPPP was reviewed and approved by the Town of Wappinger Planning
Board as approving authority pursuant to § 213-3(C) of the Town Code and a copy thereof was placed
on file in the Office of the Town Clerk of the Town of Wappinger; and
WHEREAS, pursuant to both Federal and New York State statutes and regulations, as well as
Town of Wappinger Code, Chapter 213, a property owner is required to constrict a stormwater
management facility is also required to an execute an easement and covenant to maintain the stormwater
systems, binding on the present owner and all subsequent land owners, to insure that the stormwater
facilities are maintained in proper working condition and to meet design standards required by Federal,
State statutes and regulations and the Town of Wappinger Code; and
WHEREAS, Pepper White Partners, LLC has submitted a duly signed Amended Declaration
Establishing Drainage Easement and Covenant to Maintain Stormwater Management Systems Pursuant
to § 2 13-8 of the Town of Wappinger Code, which Declaration has been approved by the Attorney to the
Town, a copy of which is affixed hereto, marked and designated as Schedule "1"; and
WHEREAS,this Declaration amends a previously recorded Declaration dated March 14, 2014
and recorded on April 17, 2014 in the Dutchess County Clerk's Office as document 4 02 2014 2381.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby accepts the Amended Declaration as set forth in Schedule"1"
and in accordance with the provisions of Chapter 213 of the Town of Wappinger Code and hereby
authorizes the Town Supervisor to execute same evidencing the Town's acceptance of said Declaration.
3. The Chairman of the Planning Board of the Town of Wappinger also has executed the
Amended Declaration indicating that the Amended Declaration has been made in accordance with the
plans approved by the Planning Board.
Upon execution of the Amended Declaration, the Town Clerk is directed to forward same to the Zoning
Administrator who will coordinate with the property owner to have same recorded in the Dutchess
County Clerk's Office.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Deputy Supervisor
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzmicz
Dated: Wappingers Falls, New York
10/27/2014
The Resolution is hereby duly declared adopted.
JOSEPH P. PAOLONI, TOWN CLERK