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Oak Ridge Subd.9D _Zfi ed _S4,W, -q-e 2Ar, 5f86 Al. Wi-tl 1P6Df' November 9, 2004 TOWN CLERK TOWN OF WAPPINGER 20 Middlebush Road Wappingers Falls, New York 12590 Re: Satellite Investments Subdivision Filed Map #8938 Date of Filing: 2/1/90 Dear Sir/Madam: I represent Satellite Investments in connection with that certain subdivision map entitled "Lands of Satellite -Investments" filed in'the6 office of the Dutchess County Clerk on 2/1/90 as filed map #8938. Pursuant to requirements of the Town Board at the time of approval, the filed map depicts a proposed road extension to CR -11. The filed map also contains a note providing, in substance, that the Town Board may at any time require the adjacent property owner or his assigns to complete the road construction. Copies of the relevant portions of the map and the note are enclosed. On behalf of my client I respectfully request that this matter be placed on the agenda for the Town Board meeting of November 22, 2004 for consideration of a resolution deleting the proposed road extension to CR -11 and the notes concerning the same since it has been determined that such CR -11 will not be constructed. That fact was previously acknowledged by the Town Board when by motion duly made, seconded and carried, it authorized the release of the collateral security mortgage for construction of the extension (see enclosed copy of relevant portion of minutes). I'would'agpreeiate it if you would' inform this office whether. this matter-will.be added to the agenda. RECEIVED NOV 12 2004 TOWN CLERK TOWN CLERK TOWN OF WAPPINGER November 9, 2004 Page Two Thank you for your time and consideration. Very truly yours, ROBERT J. LACKAYE RJL:meb Encs. cc: Albert P. Roberts, Esq. W Frank Buyakowski 10 820.00' 214:18' N 71 038-24 W 213.57 I I 1005.00 744.61 S79° 39-07 W 727.69 12 520.00 285.22 S42° 42-48 W 281.66 13 530.00 355.43 S46° 12 -44 W 348.81 A 1065.00' 1789.06 L�{79°39-07 E 77L l4 ROAD AREA = 6. 607±Ac. N O l EZ I. THIS NOTE IS INTENDED TO CONSTITUTE AN IRREVOCABLE OFFER OF ,,DEDICATION OF THE RIGHT-OF-WAY SHOWN HEREIN AND DESIGNATED AS ROAD EXTENSION TO C. R. I1". THE TOWN BOAD MAY ACCEPT THE DEDICATION OF THE RIGHT-OF-WAY AT ANY TIME BY ADOPTION OF A RESOLUTION ACCEPTING THE SAME. THE TOWN BOARD BY RESOLUTInN MAY ALSO REQUIRE THE AOA(%ENT PROPERTY OWNER,_0R H:,� Aa, 1Ci„5, TO -OMO( rTF ROAD "INSTRUCTION ')F THF Rlr-14T Ocin►AY AT ANY TIME. '}iF °ROPERTY O\A!A FFi , n:•��� n,S� H'-:.,.Er�" TC SHE �o„ • '-V"TION OF THF Iry`' kr? :EM! NtS THFRF+.iv. S270 -00-00"W I 224: N 64° 0 2 W69 143. S640-09�26`E 330.37 579°07-22 E 601.13 2.PRIOR TO ANY FURTHER .SUBDIVISION OF THE PROPERTY SHOWN HEREON AND, IF REQUEST BY THE PLANNoNO BOARD AND APPROVED BY ALL GOVERNMENTAL AGENCIES, THE PROPERTY OWNER, OR H!S ASSIGNS, AGREES .0 BE RfuF~C'NSISL.E FOR THE CONSTRUCTION OF ANY TRAFFIC CONTROL. DEVICE AT THE INTERSECTION OF RTE, 376 AND THE PROPOSED ROAD, PROVIDING NO OTHER PUBLIC R(:1AD OR PROPERTY CONNECTS TO THE PROPOSED ROAD OR EXTENSION, THEREOF. 3. WHEN EACH PARCEL IS DEVELOPED AN SURVEY MUST BE PERFORMED. 'TIFICATION UPDATED CERTIFIED TOPOGRAPHICAL 1 HERBY CERTIFY TO THE PARTIES OF INTEREST TED BELOW THAT THIS MAP SHOWS THE RESULTS AN ACTUAL FIELD SURVEY COMPLETED ON tCH 1, 89-, APRIL 26,89 8t MAY 3,89. W.B. NELSON CONSTRUCTION SATELLITE INVESTMENTS TOWN OF WAPPINGER �YMOND E,. HEINSMAN, PLS. U� DATED o71io1z00aRGM will be the homeowners responsibility to maintain them_ Discussion fellowed. COUNCILMAN RUGGIERO moved to suthozize the Supervisor. Engineer to meet with residents to address thh issue. 'Fawn and Attorney to Town. to Seconded by Mr• Pac110ni Motion Unanimously Carried Contrail is also requesting the return of $279,460 Collateral Security with the Town of Wappinger Mortgagee and Satellite Investm&nts Mortgagor to secure the construction of the extension of Airport Drive to conned with County Route 11. Al Roberts, Attorney to the 'Town explained that the purpose of the security wao s to insure that Airprt Drive would be extended from its existing cul de sac to a connection point on CR 11.. if it was built by 2004. The chances of that.happening are virtually aero. Its pretty definite that a bikeway is going through. GOL-NCII.MAl'`1 RUGGIERO moved to authorize the release of the $279,460.00 security. Seconded by Mr. PBoloni Motion Un.Rnioaau91y Carried COUNCILMAN RUGGIERO moved t,o authorize Supervisor Smith to sign the Satisfaction. of mortgage' Seconded by Mr. Paolani Motion Unanimously Carried Next is to approves plaque dedicating a ball field. in memory of Melissa Danielle appy v in . recognition of her contributions and achievements while facing personal obstacles. COUNCILMAN RUGGIERO moved to approve the resolution. Seconded by Mr. Paoloni Carried Motion U aanimouely COUNCILMAN RLIGGIBRO moved to approve $Boo for the plaqua and the funds to come out of Recreation B fund Balance. Seconded by Mr. Paoloni MotioniJranrmrausly Carried dl- As Correspondence from Peter Pxggi rix regard W the CLandCmi— as you are aware, the firth of Conrad Geoscience Corp. has been Performonitoring and weer quality testing at the Castlepoint .Landfill. While Collection samples, Conrad representatives disoovered that a 2" PVC casimg in one of the shallow. overburdening wells. (MW -8) had been damaged, and could not be sampled. The source of the damage is not readily apparent, but could have been the result of previous construction activities, ground E Z Or7fl�� Di V:ZT all M6"/R/al PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 91.4-471-7898 914-471-0905 (FAX) March 14, 2000 V M, # 1 Town Board ��NEF Town of Wappinger tOWN SN�WD P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Oak Ridge Subdivision/Maintenance Bond Release Dear Supervisor Smith & Board Members: I am in receipt of a letter from Frank Buyakowski, Partner in the Oak Ridge Subdivision, requesting the release of the maintenance bond for the Oak Ridge Subdivision, which is an extension of Mina Drive. I have contacted Graham Foster, Highway Superintendent, and Mike Tremper of Camo Pollution Control, and have asked them if during the past year there have been any areas that were constructed by the Developer that have deteriorated or that are in need of maintenance at this point in time. They both responded that there have been no such occurrences and they have no hesitation regarding release of the maintenance bond. If there any further questions or comments, please do not hesitate to contact this office. Very ly yours, Joseph E. Paggi, Jr., P. E. JEP:Iaw cc: Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert_ Valdati, Councilman Hon. Elaine Snowden, Town Clerk Albert P. Roberts, Esq. Hon. Graham Foster Michael Tremper Frank Buyakowski Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L. S, Charles R. Del Bene, Jr, P.E. RECEIVED Satellite Investments AR 1 1906 ROUTE 52, SUITE 3 "1 �` WICCOPEE PLAZA`, J HOPEWELL JUNCTION, N.Y. 1253' i' Tel. (914).897-2664 Fax (914) 897-8204 March 9, 2000 Hon. Constance O. Smith, Supervisor Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 Re: Oak Ridge Subdivision —Maintenance Bond Release Dear Connie: March 22, 2000 is the one year anniversary of the Town of Wappinger's acceptance of Mina Drive as a Town Road. I am requesting to be placed on the March 27h Town Board meeting, to discuss the release of the $31,402.00 maintenance bond secured by a letter of credit. Thank you for your cooperation. Sincerely, rank Buyako ki, Partner cc: Albert P. Roberts, Esq. Jay E. Paggi, Jr., P.E. TOWN OF WAPPINOER QRAIMm rOBTER TO: Town Board SUPERWMNOENT OF HK3HVW WS P.O. SOX 324 WAPPINOERS HALLS, N.Y. FROM: Graham Foster SUBJECT: Oak Ridge Subdivision - Maintenance Bond DATE: March 15, 2000 X have inspected the above road and find it in acceptable condition to allow the maintenance bond released. R cc: Satellite. Investments rc (9141297-9431 J�L a VERGILI5, STENGER, ROBERTS & PERGAmiENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 Town Board of the Town of Wappinger Attn: Hon. Constance O. Smith, Supervisor 20 Middlebush Road Wappingers Falls, New York 12590 Re: Oak Ridge Subdivision Section I - Mina Drive Dear Connie: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 274 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( POUGHICHEPSIE () WAPPINGERS In accordance with the Resolution and direction of the Town Board at the meeting of April 12, 1999, please be advised that Andlyn Associates has provided the Town of Wappinger with a surety bond issued by Utica Mutual Insurance Company, bond number SU2926692 in the amount of $31,402. Please be further advised that I have examined the surety bond and found the same to be acceptable and in proper form. have requested that the applicant execute a maintenance agreement secured by surety bond in the form attached hereto. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERaOBERTS APRlaew Enclosure cc wlencls: Hon. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Hon. Elaine Snowden, Town Clerk Philip DiNonno, Planning Board Chairman Donald Close, Zoning Consultant Daniel Curtin, Esq. (914) 298-2000 GERALD A. VERGILIS* FAX (914) 298-2842 KENNETH K STENGER ALBERT P. ROBERTS IRA A. PERGANIENT ANTONIAA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS TODD N. ROBINSON** . *ADhUrTED TO PRACTTCE _ IN NY & FLA ., **ADMITTED TO PRAC17CE IN NY & CONN. April 15, 1999 Town Board of the Town of Wappinger Attn: Hon. Constance O. Smith, Supervisor 20 Middlebush Road Wappingers Falls, New York 12590 Re: Oak Ridge Subdivision Section I - Mina Drive Dear Connie: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 274 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( POUGHICHEPSIE () WAPPINGERS In accordance with the Resolution and direction of the Town Board at the meeting of April 12, 1999, please be advised that Andlyn Associates has provided the Town of Wappinger with a surety bond issued by Utica Mutual Insurance Company, bond number SU2926692 in the amount of $31,402. Please be further advised that I have examined the surety bond and found the same to be acceptable and in proper form. have requested that the applicant execute a maintenance agreement secured by surety bond in the form attached hereto. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERaOBERTS APRlaew Enclosure cc wlencls: Hon. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Hon. Elaine Snowden, Town Clerk Philip DiNonno, Planning Board Chairman Donald Close, Zoning Consultant Daniel Curtin, Esq. P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 Telephone: (914) 297-1373 Fax: (914) 297-4558 To: Elaine Snowden, Town Clerk Frorn: Linda Nguyen, Secretary Planning Board Re: Oak Ridge Subdivision - Section I - Mina Drive Maintenance Agreement Secured by Surety Bond Date: April 19, 1999 PLANNING BOARD Attached you will find the original Maintenance Agreement Secured by a Surety Bond for Oak Ridge Subdivision - Section I - Mina Drive. Mr. Roberts has approved the surety bond in his letter dated April 15, 1999, which I have attached for your convenience. CC: Mr. Roberts, Town Attorney Mr. DiNorfl-io, Planning Board Chairman Mr, Liebermann, Acting Zoning Administrator MAINTENANCE AGREEMENT SECURED BY SURETY BOND OR LETTER OF CREDIT WHEREAS, the undersigned ;-aR-)(AqAtS d <-:� a►TaZ. L i `T V aVaS—t 01 with offices at or residing at 14&p I- 4, SZ r I I t i z 3 has now completed the roads and other public improvements in connection with Oak Ridge Subdivision I which are ready to be dedicated and accepted by the Town of Wappinger, and pursuant to the Subdivision Regulations of the Town of Wappinger is required to guarantee the quality and workmanship of said roads and public improvements within the subdivision for one year after the date of acceptance by the Town Board, and WHEREAS, to secure the obligation to guarantee said roads and public improvements, the undersigned has obtained a Surety Bond issued by Utica Mutual Insurance Company, bond number SU2926692. NOW, THEREFORE, the undersigned, as principal, guarantees that the quality and workmanship of the roads and other public improvements and will maintain and repair all roads and other public improvements within the subdivision known as Oak Ridge I, filed in the Dutchess County Clerk's Office on the n S-, day of ? a w,� as map number and that the undersigned will guarantee, maintain and repair same in accordance with the ordinances, local laws, rules, regulations and code of the Town of Wappinger for one year from the date of acceptance of said road by the Town Board of the Town of Wappinger. As security for this obligation, I hereby deliver to the Town of Wappinger the following security for the faithful performance of this obligation: a surety bond issued by Utica Mutual Insurance Company, bond number SU2926692 in favor of the Town of Wappinger, , which bond is attached hereto, and the undersigned consents to the terms thereof as security for this obligation. The undersigned understands that if the security posted hereunder lapses or expires for any reason, then this bond will be in default and lots within the subdivision will no longer be eligible for building permits until new and sufficient security is posted. DATED: i STATE OF NEW YORK ) )ss: COUNTY OF DUTCHESS ) In , 1999, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individuals(s) whose nameN) is (mel subscribed to the within instrument and acknowledged to me that he/sheAl%y-executed the same in hislhe#theif capacity{l, and that by histtredtheir-signature on the instrument, the individual, or the person upon behalf of which the individualN acted, executed the instrument. Notary Public NMRY lMUr.STA0FMWT0ax NO, 14-3753190 QUALIFIED IN DUTCHESS COUNTY MY COMMISSION EXPIRES JAN. ,1�?j5 MAINTENANCE BOND BOND NO. SU2926692 KNOW ALL MEN BY THESE PRESENTS: That SATELLITE INVESTMENTS as Principal, hereinafter called Contractor, and UTICA MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF WAPPINGER as Obligee. hereinafter called Owner, in the penal sum of $ 31,402.00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated MARCH 22, 1999 entered into a contract with, Owner for OAK RIDGE SUBDIVISION — SECTION I MINA DRIVE in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of ONE year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain In full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 29TH day of MARCH In the presence of: , ig 99 SATELLITE INVESTMENTS (SEAL) Principal FRK4 Na%e 4 V y /yl< 0 f.A' Title UTICA MUTUAL INSURANCE COMPANY C" By MARY E. BRI NG]KERHOFF Attornr-i'n'i- , F FM 19-1190 (11/85) State of County of On this day of ,t9 before me personally came to me (mown, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. commission expires Notary Public State of County On this day of ,19, before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm commission expires C INI Notary Public On this day of 19 before me personally came to me known being by me duly swom, did depose and say that he is the of the oration described in and which executed the above instrument; that he knows the seal of said corporation.- that the seal affrxed to said ument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his e Tereto by tike order. My commission expires Notary Public State of NEW YORK County of DNTCHESS On this 29TH day of MARCH .19 99 , before me personalty came MARY E. B$INCKERHOFF to me know, who being by me duly sworn, did depose and say that he is the attorney-in-fac! of UTICA 1liMAL INS - CO. the corporation described in and which, executed the within instrument; that he knows the corporate seal of the said corporation. that the seal affixed to the within instrument is such corporate seal, and that he signed instrument and affuced the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof - >1ANIt^E A. BAi.LARD Notary Public, Sz,7te o New York D No 476412 My commission ex-pires 20 �� tidied if! 01-lic ass Ccurity Notary Public Gorrtrrrissil� UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1997 From Annual Report Filed with New York Insurance Department ASSETS U.S. Governmental Direct Guaranteed Bonds All Other Bonds Stocks - _ Mortgages Cash Equities & Deposits in Pools and Associations Premiums In Course of Collectlon— — Interest Due and Accrued Other Admitted Assets Total Admitted Assets 93,4201966 _ 1.199,815,121 86,863,368 -0- 10,811,481 5,444,781 106,042,958 19,608,703 I 75,790,793 $ 1,597,798,171 LL4B1LITlES AND SURPLUS Reserve for All Losses $ 621 131 489 Unearned Premiums - 250,531,521 Reserve for Claim Expenses. 196,00-1,981 Dividends- 8,972,004 Takes Accrued — 7 :_,8-44,424 Federal Income Tax 5,582,940 Amounts Withheld on Account of Others - 14,193,304 Provisions for Reinsurance 15 343 546 Miscellaneous Accounts Payable 64;420,467 Tota[ Liabilities — _ $ 1,184,021,676 Surplus Funds: Dividend Reserve General Voluntary Reserve --------------- Special _____________Special Contingent Surplus --_..................... Divisible Surplus ----------------- __------------------_---. Surplus as regards Policyholders ------- Total------------ --------------------------------------------------- STATE OF NEW YORK COUNTY OF ONEIDA ss: S 2.082.614 1,500,000 1.700-000 4Ub,4y;J,ddl 413, 776, 495 S 1,597,798,171 W. Craig Heston, Chairman & CEO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31 st day of December, 1-997, all of the assets shown above were the absolute property of the said Corporation, free and clear from all Piens or claims: thereon. except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the dose of business December 31, 1997, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 19th day of March, 1996. Notary Public in the State of New York Appointed in Oneida County Ay Commission E-xpires April 30. Attest --30 Ed 3-°H W Chairman & CEO W 'Z�—1 Secretary 8-B-2 Ed. 2-97 GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS TODD N. ROBINSON** *ADMITTED TO PRACTICE IN NY & FLA. --ADNrtTM TO PRACTICE IN NY & CONN. April 15, 1999 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 Town Board of the Town of Wappinger Attn: Hon. Constance O. Smith, Supervisor 20 Middlebush Road Wappingers Falls, New York 12590 Re: Oak Ridge Subdivision Section I - Mina Drive Dear Connie: P�u.t lt..'1l1�u LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS In accordance with the Resolution and direction of the Town Board at the meeting of April 12, 1999, please be advised that Andlyn Associates has provided the Town of Wappinger with a surety bond issued by Utica Mutual Insurance Company, bond number SU2926692 in the amount of $31,402. Please be further advised that I have examined the surety bond and found the same to be acceptable and in proper form. have requested that the applicant execute a maintenance agreement secured by surety bond in the form attached hereto. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBE OBERTS APRlaew Enclosure cc wlencls: Han. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Hon. Elaine Snowden, Town Clerk Philip DlNonno, Planning Board Chairman Donald Close, Zoning Consultant Daniel Curtin, Esq. RECEIVED APR 19 1999 PLANNING & ZONING March 25, 1999 Wappingers Falls Post Office Postmaster Remsen Avenue Wappingers Falls, NY 12590 Dear Postmaster: This letter will serve to notify you that the town board of the Town of Wappinger at their meeting of March 22, 1999, has formally accepted, MINA DRIVE EXTENSION as a town road, and the town will be maintaining it as such. Whatever your policy regarding the delivery of mail to homes on this street is, if the acceptance of the road by the town is the criteria, mail delivery may be effectuated now. Yours truly, Elaine H. Snowden Town Clerk EHSIfh 1400 ROUTE 52, SUITE 3 HOC PEWELL JUNCTION, N.Y. 12533 Te Q914) 897-2664 Fax (914) 897-8204 March 5, 1.999 Graham Forster, Highway Superintendant Town of Wappinger Highway Garage Old Route 9 Wappingers Falls, N.Y. 12590 Re: Town of Wappinger acceptance of the Mina Drive Extension Dear Graharw All work has now been completed on the Oak Ridge Subdivision. Satellite Investments is requesting to be placed on the agenda for the March 22 Town Board meeting for the Board to accept the Mina Drive Extention as a Town Road. Please perform a final inspection to the Mina Drive Extention and forward your report to the Board. Thank you. Sincerely, Frank Buyak, wski, Partner cc: Elaine Snowden, Town Clerk Don Close, Zoning Administrator Andlyn Associates # I 171 K w0i 4"- mo ; `vbllw - RECRV TOWN SNOWDEN E 1BANKOF LETTER OF CREDIT DEPARTMENT CHURCH ST. STATION I NV P.O. BOX 11238 YOPR NEW YORK, N.Y. 10286.-1238 i 3 OUR REF, NO 500035550 .BENEFICIARY TOWN OF WAPPINGER 20 MIDIDLEBUSH ROAD WAPPINGER FALLS, NY 12590 i ATTN: TOWN CLERK GENTLEMENILADIES : OUR REFERENCE NO. S0003555G ACCOUNT OF: SATELLITE INVESTMENTS 1400 ROUTE 52, SUITE 3 HOPEWELL JUNCTION, NY 1533 AVAILABLE WITH: OURSELVES. BY PAYI«i�NT DRAFTS AT SIGHT DRAWN ON THE BANK OF NEW YORK, NEW YORK, NEW YORK, AS INDICATED BELOW TO THE EXTENT OF: EXPIRY TATE: PLACE OF EXPIRY: DATE FEBRUARY 12 1997 APPLICANT. SATELLITE INVESTMENTS 1400 ROUTE 52, SUITE 3 HOP EWELL JUNCTION, NY 12:55 ***USD31,200.00*** FEBRUARY 12 1998 OUR COUNTERS ADDITIONAL DETAILS: WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AVAILABLE BY YOUR DRAFT(S) AT SIGHT ON US FOR A SUM NOT EXCEEDING U.S.*31,204.00 (THIRTY ONE THOUSAND TWO HUNDRED AND 00/100 U.S, DOLLARS) FOR THE ACCOUNT OF SATELLITE INVESTMENTS. I FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO YOU AGAINST YOUR SIGHT DRAFT(Si) DRAWN ON US, ACCOMPANIED BY: I. YOUR DATED STATEMENT, PURPORTEDLY SIGNER BY THE TOWN SUPERVISOR, READING AS FOLLOWS: WE HEREBY CERTIFY THAT THE AMOUNT OF THE ACCOMPANYING SIGHT _i DRAFT, USS UNDER YOUR LETTER OF CREDIT NO. 500035550 € REPRESENTS FUNDS DUE AND PAYABLE AS SATELLITE INVESTMENTS HAS FAILED TO PERFORM OR IS IN DEFAULT UNDER THE SPECIFICATIONS IN THE LETTER. FROM PA€iGI & MARTIN DATED ..lAlr�lUARY :I7, 19177 IN THE OAK RIDGE, MINA DRIVE'SUBDIVISION, `SECTION 1; IN THE"`TOWN OF _E WAPPINGER, DUTCHESS COUNTY,'HELI YORK.m AND a M4. LETTER OF CREDIT DEPARTMENT 4' =CHi?RCH ST. STATION NEW P.O. BOX 11238 -,..NEW NEW YORK, N.Y. 10288-1238 2 - OUR LETTER OF CREDIT 500035550 SATELLITE INVESTMENTS II. THE ORIGINAL OF THIS LETTER OF CREDIT, FOR ENDORSEMENT ON THE REVERSE SIDE THEREOF OF THE AMOUNT OF ANY DRAFT DRAWN AND HONORED BY U5 UNDER THIS LETTER OF CREDIT, THIS LETTER OF CREDIT SHALL INITIALLY EXPIRE AT OUR COUNTERS ON FEBRUARY 13, 1995. HOWEVER, IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE HEREOF UNLESS AT LEAST SIXTY (60) BAYS PRIOR TO ANY SUCH EXPIRATION DATE WE NOTIFY YOU IN WRITING AT THE ABOVE ADDRESS BY REGISTERED EMAIL OR BY OVERNIGHT COURIER OF OUR ELECTION NOT TO EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD. AFTER RECEIPT OF SUCH NOTICE BY YOU ON OR BEFORE THE THEA! CURRENT EXPIRATION DATE YOU MAY DRAW UP TO THE FULL AMOUNT AVAILABLE HEREUNDER AGAINST YOUR SIGHT DRAFT DRAWN ON US ACCOMPANIED BY YOUR STATEMENT, PURPORTEDLY SIGNED BY THE TOWN SUPERVISOR, READING AS FOLLOWS, "WJE ARE IN RECEIPT OF WRITTEN NOTICE FROM THE BANK OF NEW YORK OF ITS ELECTION NOT TO RENEW ITS LETTER OF CREDIT NO. 500035550 FOR AN ADDITIONAL TERM OF ONE YEAR AND AS OF THE BATE OF THIS DRAWING, WE HAVE NOT RECEIVED AN ACCEPTABLE REPLACEMENT LETTER OF CREDIT OR ANY OTHER FORM OF SEC-URIfY FROM SATELLITE INVESTMENTS, THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO THE ABOVE EXPIRATION DATE OR ANY SUBSEQUENT AUTOMATICALLY EXTENDED EXPIRATION DATE, UPON.OUR RECEIPT OF: (A) THE ORIGINAL OF THIS LETTER OF CREDIT AND (B) A LETTER FROM YOU, PURPORTEDLY SIGNED BY THE TOWN SUPERVISOR, STATING THAT THE IMPROVEMENTS HAVE :BEEN TIMELY COMPLETED AND THAT THEREFORE YOU ARE RELEASING US FROM OUR OBLIGATIONS UNDER OUR LETTER OF CREDIT NO, S000351550. ALL DRAFTS DRAWN HEREUNDER MUST BE MARKED: "DRAUN UNDER THE BANK OF NEW YORK IRREVOCABLE LETTER OF CREDIT NO. 00035550 DATED FEBRUARY 12, 1997". WE HEREBY ENGAGE WITH THE DRAUERS OF DRAFTS DRAWN UNDER AND IN COMPLIANCE UITH THE TERMS OF THIS LETTER OF CREDIT, THAT THE SAME SHALL BE DULY HONORED ON PRESENTATION TO US AT OUR OFFICE LOCATED AT 101 BARCLAY STREET, NEW YORK, NY 10007, ATTENTION: THE MANAGER, STANDBY LETTER OF CREDIT DEPARTMENT, FLOOR B EAST, ON OR BEFORE FEBRUARY 12, 1990 OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER .. . .. _. PYA .TT■..lr. 'roWN CLERK ELAINE H. SNOWDEN �914) 297-5771 May 11, 1999 Bank of New York TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, N.Y. 12590-0324 285 Main Mall Poughkeepsie, NY 12601 Att: Chuck Dujardin Dear Mr. Dujardin: SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL VINCENT BETTINA JOSEPH P. PAOLONI JOSEPH RUGGIERO ROBERT L. VALIDAD This letter is to inform you that at the Town Board meeting of April 26, 1999, the Town of Wappinger released the Letter of Credit for Frank Buyakowski, d/b/a Satellite Investments, for Oak Ridge Subdivision, Section L Yours truly, Elaine H. Snowden Town Clerk 12/15/92 .Wappinger PERFORMANCE BOND SECURED BY A LETTER OF CREDIT WHEREAS, the undersigned,A�K �3�T� �u-ws�crd6�- �I,�TrLGT�JNVS%t��llS with an address at may have made application to the Planning Board of the Town of Wappinger to approve a subdivision of lands more particularly described in a subdivision map entitled Prepared by dated It �S- , last revised 1111194_; and WHEREAS, the Planning Board granted final conditional subdivision approval, by Resolution dated Sae j� [M subject to certain public improvements being made and constructed and subject to completion of the requirements set forth°in the Town Subdivision Regulations, Highway Specifications and Zoning Law, and further subject to the requirements set forth in the letter of Yow N ART( Vi Engineer to the Town, datedJA% of�917 which improvements are depicted in a set of construction documents dated SEPT: IL JI I-- ; and WHEREAS, Town Law Section 277 requires that the developer guarantee the construction, installation and dedication of the required public improvements and obligations prior to issuance of any building permits; and (OPTIONAL PARAGRAPH - use when applicant is corporation) WHEREAS, to secure the obligation to guarantee the 1 construction, installation and dedication of the required public improvements and obligations, , a principal officer and shareholder of the undersigned has further agreed to personally guarantee the obligations set forth in this performance bond. NOW, THEREFORE, the undersigned F� f}nJ 1C will truly make, construct, complete the improvements, and agree to perform all of the obligations set forth in the Subdivision Regulations, Highway Specifications and Zoning Law of the Town of Wappinger, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, in accordance with the Resolution of Subdivision Approval dated S; UT6,m gp N MSP the letter of the Engineer to the Town dated JAN• 17 IM the approved construction documents dated &E -r). 11 IM and in accordance with the Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger, within two (2) years from the date hereof. Upon construction and completion of the required improvements and obligations set forth above, and upon request of the Town, the undersigned will dedicate same to the Town, free and clear of any liens or obligations as set forth in the Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger. As security for this obligation, including sums sufficient to pay for attorneys' or consultants' fees in the event the undersigned defaults hereunder, the undersigned will hereby 2 deliver to the Town of Wappinger the following security for the faithful performance of the obligations the undersigned has undertaken herein: a letter of credit issued by 2-H'E %N o F P EW _ _D IQr- bearing number $' 00o 3SSrd and issued in favor of the Town of Wappinger in the sum of o� 4,31_ oo: , securing the obligation set forth in this Performance Bond. The undersigned apook- � Uy a �S jar , further binds his/her, their, its heirs, executors, administrators, successors or assigns as the case may be, for the faithful performance of the obligations set forth herein. (OPTIONAL PARAGRAPH FOR CORPORATION) As additional security for this obligation, an officer and shareholder of , further joins in the execution of this document for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder. The undersigned further acknowledges that if any default remains in the performance of the obligations created hereunder, the lots within the subdivision will no longer be eligible for building permits until such defaults are cured. Dated: 1! i 3 K (Individual) STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS On he day of Gt, 199 i , before me personally came nd , to me known to be the individual described in and who executed the foregoing document, and acknowledged that y-- executed the same. N0 (Corporate) STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) On the day of , 199_, before me personally came to me known, who, being by me duly sworn, did depose and say that (s)he resides at , New York, that (s)he is the of , the corporation described in and which executed the foregoing instrument; and that (s)he signed his/her name thereto by order of the board of directors of said corporation. Notary Public (Partnership) STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) On the day of , 199, before me personally came to me known, who being by me duly sworn, did depose and say that he resides in that he is a general partner of , a New York General Partnership, that he had authority to execute the foregoing instrument; that he acknowledged to me that he executed the same as such partner of , in the name of which and on behalf of which, the foregoing instrument was so executed by him, and that said execution thereof is hereby acknowledged as the act and deed of NOTARY PUBLIC H P.O. Box 324 20 Wddlebuslh Road Wappingers Falls, NY 12590-0324 To: Supervisor Smith From: Lrida%uyen, Secretary Wappinger Planning Borad Re: Oak Ridge Subdivision Date: March 5, 1997 ,1-0 "/A 6*1 . 00"(4 PLANNING BOARD Per Mr. Al Roberts, attached are the original Performance Bond Secured by A Letter of Credit and the Letter of Credit issued by the Bank of New York. February 4, 1997 " Supervisor Smith and Town Board Town of Wappinger P.Q. Box 324 Wappingers Falls, New York 12590 Re: Oak Ridge Subdivision Sewer and Water Main Extensions Tax Map419-6257-01-047596, Town of Wappinger Dear Supervisor Smith and Town Board: RECEIVED .:') ' SU°ERVISGR'SOFRCE TO VM OF WAPPINGER Please be advised that the Certificate of Construction Compliance dated January 17, 1997 has been received from your engineer, Joseph Paggi, P.E., for the above referenced project which was approved on December 31, 1996. A Completed Works Approval is hereby issued under Section 5-1.22(d) Part 5 of the N.Y. S. Sanitary Code for the water main extension and a Permit -to -Operate is hereby issued under Article 19 of the Dutchess Dutchess County Sanitary Code for the sewer main extension. County Very truly ;ours Department of Health Please use this letter as the authorization to operate the system. It is your responsibility Poughkeepsie to determine and comply with the requirements of municipal and state codes, ordinances, William R. S haus rules or regulations which may apply to this installation. Executive County Executive Daniel O Connor, P.E. Michael C. Caldwell, MD,MPH If you have any questions concerning this matter, please feel free to contact me at 486- E -Mail Environmental Health Services Commissioner 3404. Environmental Health Services Very truly ;ours 387 Main Mall Third Floor + :, 1 Poughkeepsie New York 12601 i (914) 486-3404 Daniel O Connor, P.E. Fax (914) 473-6001 Senior Public Health Engineer E -Mail Environmental Health Services hinforOl @health.co. dutchess.ny.us - DO:tf r, cc: Joseph Paggi, P.E. #-- T. Wappinger, B.I. Beacon District office Camo Pollution Control file GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN E GARRETT** THOMAS R. DAVIS CHRIS MULARADELIS -ADA9= TO PRACTICE IN NY & FLA. »*ADMITTED TO PRACTTCB IN NY & CONN. January 28, 1997 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 LEGAL ASSISTANTS_ DALE O'DONNELL AMY E. WOODARD RECEIVED POUGHKEEPSIE OFFICE MALL POUG2HKEEPSIE NNY1 601 (914) 452-1946 JAN2 9 1997 ADDRFSS RMY TO: POL'GHKEEPSIE ELAINE SNOWI)EN () WAPPINGF:RS 7OWly CLERK Donald Close, Zoning Administrator Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 Re: Oak Ridge Subdivision (Satellite Investments) Offer of Dedication, etc. Our File No: 12949.0091 Dear Don: Inadvertently, our internal procedure got circumvented. The original dedication documents got forwarded in error to my office first instead of yours. Since I have the documents, I thought it would expedite matters to send my approving opinion directly to you. I have reviewed and examined the following documents in connection with the above subdivision: 1. Irrevocable Offer of Dedication, dated January 7, 1997, executed by Frank Buyakowski of Satellite Investments, with Exhibits attached; 2. Original Deed dated January , 1997, from Satellite Investments to the Town conveying a portion of Mina Drive together with Gains Tax Affidavit and E & A Form; 3. Drainage Easements all dated January 7, 1997, through Lots 1, 6 and 7, together with accompanying Gains Tax Affidavits; and Donald Close, Zoning Administrator January 28, 1997 Page 2 4. Snow Easements, all dated January _, 1997, through Lots 4, 5 and 6, together with accompanying Gains Tax Affidavits, all duly executed by Frank Buyakowski of Satellite Investments. I find all of the above documents in proper form. The developer has also supplied us with a Certificate of Title issued by Fidelity National Title Insurance Company, insuring the roadbed and Easements in favor of the Town of Wappinger in the principle sum of $40,000.00. The Title Policy is in proper form except that items 3, 6 and 7 on Schedule "B, " List of Exceptions, are to be omitted. I spoke to Carol Belluardo from Crystal Clear Abstract Corp., and she has advised that exceptions 3, 6 and 7 will be omitted. Accordingly, I hereby approve- all of the above documents and recommend that the Chairman execute the subdivision plot. I am sending a copy of this letter to Jay Paggi, together with a copy of the Deed, three (3) Drainage Easements, and four (4) Snow Easements for his review and approval. As soon as Mr. Paggi approves the legal descriptions, the subdivision plot can be signed and released to the developer for recording. PLEASE NOTE: The Irrevocable Offer of Dedication must be recorded simultaneously with the subdivision plat and all blank references to the filed subdivision number must be filled in at the County Clerk's office after a Subdivision Map number has been assigned. If there are any questions, please contact me immediately. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT AI: ERT . . ROBERTS APR/jwm Enclosure cc: Hon. Elaine Snowden, Town Clerk Town Board, Town of Wappinger, Attn: Hon. Constance O. Smith, Supervisor Joseph E. Paggi, Jr., P.E. Crystal Clear Abstract Corp. Daniel Curtin, Esq. Originals sent to Donald Close, Zoning Administrator Dutchess County Department of Health William R. Steinhaus County Executive Michael C. Caldwell, MD,NWH Commissioner Environmental Health Services 387 Main Mall Third Floor Poughkeepsie New York 12601 (914) 486-3404 Fax (914) 473-6001 E -Mail hinfor0l@health.co. dutchess.ny.us January 3, 1997 Supervisor Constance Smith and Town Board Wappingers Town Hall P.O. Box 324 20 Middlebush Road Wappingers Falls, New York 12590 Re: Oak Ridge Subdivision Water and Sewer Main Extensions Tax Map# 19-6257-01-047596, Town of Wappinger Dear Supervisor Smith and Town Board: RECEIVED SUPERVISC R`SDFFICE TOWNOFWAPPINGM The plans, engineer's report and specifications submitted by John. E. Railing, P.E., P.C. for the above referenced project were approved on December 31, 1996. The water main extension is approved under Section 5-1.22 of Part 5 of the New York State Sanitary Code and the sewer main under Section 19.3 of the Dutchess County Sanitary Code. The following are the conditions of approval. 1. The Dutchess County Health Department is to be notified when construction commences. 2. The facilities for the above referenced project shall be fully constructed in complete compliance with the engineer's report, plans and specifications as approved. 3. If any construction changes are to be made in the field which would result in non- compliance with the approved plan, a set of revised plans are to be submitted to this department by a New York State Professional Engineer for review and approval prior to construction. 4. The construction of the facilities shall be under the supervision of a person or firm qualified to practice Professional Engineering in the State of New York Said engineer shall certify to this department that the facilities were constructed under his supervision and that the works had been fully completed in accordance with the approved plans, specifications and this authorization. 5. The Dutchess County Department of Health is to be notified 48 hours prior to the commencing of the pressure and leakage test in order that an inspection may be performed. Dutchess County Department of Health William R. Steinhaus County Executive Michael C. Caldwell, M &W11 Commissioner Environmental Health Services 387 Main Mall Third Floor Poughkeepsie New York 12601 (914) 486-3404 Fax (914) 473-6001 E -Mail binfor0l@health.co. dutchess.ny.us �55�c S c Z.; 2 6. The allowable leakage of the water and sewer line shall not exceed the limit permitted by the approved specifications for any section of the distribution system. 7. No water distribution pipes and sewer collection pipes are to be placed into service until the pressure and leakage tests have been completed and the results of these tests are to be submitted to and accepted by the Dutchess County Department of Health. 8. Samples of water must be collected from the new main at two points in the distribution system and submitted to an approved laboratory for analysis of total coliform and heterotrophic plate count. The sample results must be submitted to the Dutchess County Department of Health. 9. Samples of water collected by the Dutchess County Department of Health are to be tested and found acceptable prior to operation of the main. 10. The facilities shall not be placed in operation until construction has been completed and authorization to operate the system is granted by this department. 11. No building shall be occupied until the water distribution and sewerage collection systems have been constructed in complete conformity with the approved plans and any amendments thereto, certified and permits to operate granted by this department. 12. This approval shall be valid for a period of five (5) years from the date of approval, December 31, 1996. Following the expiration of said approval, the plans may be submitted for re -approval. Very truly yours, f_� i i Daniel O'Connor, P.E. Senior Public Health Engineer Environmental Health Services DO:tf Enc. cc: Joseph Paggi, P.E. Camo Pollution Control John E. Railing, P.E. Beacon District office file (w/plan) 10,-18-96 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: OAK RIDGE SUBDIVISION - SECTION I - RESOLUTION OF AMENDED FINAL SUBDIVISION PLAT 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 16th day of September 1996, at 7:30 P.M. The meeting was called to order by Chairman William Parsons and upon roll being called, the following were: - PRESENT: Chairman William Parsons 47 Vice Chairman Chris Simonetty Boardmembers Philip J. Dinonno Michael P. Franzese George Grimshaw Hugo Musto Robert Walker > ,004SENT �G assn // 4POIr The following resolution was moved by R. GRIMSHair and seconded by MR. SIMONETTY WHEREAS, the Planning Board granted Preliminary Subdivision Plat approval April 10, 1989 for an 11 -lot subdivision of two parcels of land totalling 20.214 -acres located on Mina Drive and Spook Hill Road within the R-20 District; and WHEREAS, the Planning Board granted Final Subdivision Plat approval by resolution dated February 5, 1996; and WHEREAS, the Town of Wappinger Planning Board received an application from Satellite Investments for Amended Final Plat Approval of a 9 -lot subdivision of the 9.886 - acre parcel of land off Mina Drive identified as Tax Grid 6257-01-04759,6 in the R-40 Residence District, to be known as Oak Ridge - Section 1; and WHEREAS, The Applicant has submitted the following five (5) sheets of plans prepared by Gray Railing and Heinsman: 1. Sheet I of 5, "Subdivision Plat prepared for Oak Ridge - Section 1", dated I t/30/95, last revised 9/11/96; 2. Sheet 2 of 5, "Construction Plan Oak Ridge - Section 1", dated 11/30/95, last revised 9/11/96; 3. Sheet 3 of 5, "Profile: Mina Drive", dated 11/30/95, last revised 9/11/96; 4. Sheet 4 of 5, "Detail Sheet", dated 11/30/95, last revised 3/25/96; OAK RIDGE - SECTION I SUBDIVISION RESOLUTION OF AMENDED FINAL PLAT APPROVAL 5. Sheet 5 of 5, "Erosion Control Plan", dated 11/30/95, last revised 9/11/96; and WHEREAS, the plans have been revised to adjust the property lines and realign the proposed lots so that each of the lots will meet the minimum 100 foot lot width requirement nearer the street and thereby allow the homes on the lots to be located further away from the wetlands in the rear of the lots; and WHEREAS, the Planning Board is familiar with the site and all aspects of the proposed action and has been satisfied that the proposed subdivision will conform to the requirements of the Zoning Law; and WHEREAS, at its September 4, 1996 meeting, the Planning Board requested the Applicant to make certain revisions to the plans including updating the location of the wetland boundaries and addressing the August 28, 1996 comments of the Town Engineer; and WHEREAS, the plans identified above contain such revisions and have been reviewed by the Town Engineer; and WHEREAS, the Applicant has submitted an expanded Drainage Report on the Wet Area dated 9/11/96; and WHEREAS, the Applicant's engineer has shown two (2) areas that will be flooded during rain storm events due to additional runoff being diverted from the north to the south, and these areas are where the swale is proposed to be built on proposed Lots 7 and 8 designated as proposed storage runoff area; and WHEREAS, the area previously identified as "edge of wet area' is now noted as "edge of seasonal high water level" as surveyed September 6, 1996; and WHEREAS, the Town Engineer has conducted field inspections where the high water level was observed and where evidence of this level was also recently observed; and WHEREAS, the Planning Board found that the proposed 9 -lot subdivision would result in the creation of nine (9) new building lots; and WHEREAS, The Planning Board found that a proper case exists for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger; and 2 OAK RIDGE - SECTION I SUBDIVISION RESOLUTION OF AMENDED FINAL PIAT APPROVAL WHEREAS, the proposed development would result in an increased resident population, an increased use of existing recreational facilities and an increased demand for additional recreational facilities within the Town of Wappinger; and WHEREAS, the Planning Board found that a park of adequate size cannot be properly located on the subject property due to environmental and topographic constraints and inadequate public access; and WHEREAS, the Planning Board will require the payment of a fee in the amount of $13,540 ($1,500 for each of the nine new building lots) in lieu of the dedication of suitable parkland as a condition of final plat approval; and WHEREAS, the proposed subdivision will not affect and is not dependent upon the future development of the adjacent parcel; 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. Pursuant to local and 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 as the subdivision will include adequate drainage facilities for stormwater runoff, public sewer and water service to minimize impacts upon the lands and will incorporate restrictions on the use of lots designed to avoid and minimize adverse impacts upon the wetlands. 3. The Planning Board hereby finds that a proper case exists for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger, that suitable lands do not exist on the subject property for such purposes and that a fee in lieu of land in the amount of $13,500 ($1,500 for each of the nine (9) new building lots) will be required at this time. 4. The Planning Board hereby determines that the final plat is substantially unchanged from the preliminary plat and therefore waives the requirement for a public hearing on the final plat application since there are no changes to the plans which would elicit new comments from the public. 3 OAK RIDGE - SECTION I SUBDIVISION RESOLUTION OF AMENDED FINAL PLAT APPROVAL 5. The Planning Board hereby grants 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: a:✓ The Owner shall endorse a copy of this resolution and submit it to the Planning Board for its files. b. ✓ The Applicant shall submit the revised plat to the Dutchess County Department of Health for its review, approval and signature. The Applicant shall obtain approval from the Town Board and the Tri -Municipal Sewer Commission for early entry into the sewer system. c:� The Applicant shall prepare a final subdivision plat in accordance with Section A-5 of the Town of Wappinger Land Subdivision Regulations. d.,--- The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject parcels have been paid. e.f The Applicant shall pay a fee in the amount of $13,500 ($1,500 for each of nine (9) new building lots on the approved plat) to the Town of Wappinger in lieu of the dedication of lands for recreation purposes for the Phase 1 section of the subdivision. f. -" The deeds, easements, offer of dedication, and a pre -paid title insurance policy, in the amount of $40,000, naming the Town of Wappinger as insured, insured by an approved title company, of any and all lands reserved in fee for roads, drainage, flood control, park or recreational purposes shall be tended to the Town. g:-� A road inspection fee in the amount of $4,710.00, as estimated by the Engineer to the Town shall be paid to the Town of Wappinger. h.� The Applicant shall submit a check made payable to the Town of Wappinger for the Downstream Drainage fee in the amount of $1,800 ($200 per lot). L"' The Applicant shall submit an erosion control bond and inspection fee as per the Town Engineer's requirements. j. The plat shall be revised to include a note stating that Lots 2, 5, 6, 7 and 8 are subject to the occurrence of seasonal high water as shown on the plan. Said note shall be repeated on each and every individual plat for said lots. 4 OAK RIDGE - SECTION I SUBDIVISION RESOLUTION OF AMENDED FINAL PLAT APPROVAL k. Said plat shall not be endorsed by the Planning Board until the improvements shown on the Construction Detail (Improvement) Plans, as modified, are completed by the Applicant to the satisfaction of the Superintendent of Highways, Town Engineer and Town Board within one (1) year from the date of this resolution, or alternatively, the Applicant has executed and posted a performance bond secured by a letter of credit in the amount of $157,011.00 with a term of one (1) year, approved by the Town board as to manner of execution, form and sufficiency to guarantee and assure full compliance by the Applicant with all the terms, conditions, requirements and provisions as set forth in this resolution. Conditional approval of the revised 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. When the Applicant completes the improvements and dedicates same to the Town, they shall execute and post a maintenance bond, secured by a letter of credit in the amount of $31,402.00 (20% of $157,011.00, the estimated cost of improvements) with a term of one (1) year to assure the satisfactory condition of said work and improvements. 7. No soil shall be removed from any or all areas reserved for drainage and or flood control, park, playground, recreational and/or municipal purposes including all easements and rights-of-way except in accordance with the written direction of the Town Engineer. 8. No clearing or grading or excavation on the proposed public roads will commence without the written approval of the Town Engineer and until such time as the inspection escrow account has been established with the Town. 9. The Applicant, its successors and assigns, shall, at all times prior to the acceptance of the roads and improvements by the Town, keep the same in good order and working condition and maintain the proposed roads in such condition for the safe, free and unobstructed passage by motor vehicles of every nature and description in all-weather conditions and so that all improvements operate satisfactorily, and shall cause the removal of all snow and ice within 12 hours of its accumulation or within such time as determined by the Town of Wappinger Highway Superintendent. 10. The Applicant, its successors and assigns shall provide the name, address and telephone number of an agent, representative or private contractor who shall be 5 OAK RIDGE - SECTION I SUBDIVISION RESOLUTION OF AMENDED FINAL PLAT APPROVAL responsible for the road maintenance and who shall be authorized to receive notice of any required maintenance work by the Highway Superintendent and that the roads and improvements shall be maintained in accordance with the Town of Wappinger Highway Specifications in effect as of the date of this resolution. 11. The developer shall place appropriate street signs and traffic control signs at the intersection with existing roads as directed by an agent of the Town. 12. Before the roads in the subdivision will be accepted as Town Highways the following shall be done: a. A bill of sale for any and all trunk and lateral sewer lines, water pipes, appurtenances and facilities required by the Town shall have been tendered to the Town. b. The following documents shall be submitted to the Town through the Town Engineer and the following work shall be done: 1. A certificate by a registered professional engineer or surveyor that the paved travelled way on all streets in the subdivision have been completed within the bounds of the road as shown on the filed plat of the subdivision shall be submitted. 2. An "as -built" plan and profile on linen or mylar, plus three (3) prints of each, showing the location of all utilities, roadways, and drainage facilities and certified by a registered professional engineer that all such work, utilities and appurtenances have been installed as shown on the construction plans approved with the plat, in accordance with this resolution and with Town specifications in effect on the date of this resolution, shall be submitted. 13. No certificate of occupancy will be issued until the lot bounds are staked out and a possession survey of premises is filled with the Building Inspector containing legend that stakes have been set as shown thereon. 14. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of any 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 Gi OAK RIDGE - SECTION I SUBDIVISION RESOLUTION OF AMENDED FINAL PLAT APPROVAL (30;) day period and an extension therefor has not been granted by the Planning Board, this resolution shall be rendered null and void. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: William Parsons, Chairman Chris Simonetty, Vice Chairman Philip J. Dinonno Michael Franzese George Grimshaw Hugo Musto Robert Walker The resolution is hereby duly declared adopted. Dated: September 16, 1996 Wappingers Falls, New York William Parsons, Chairman Date Town of Wappinger Planning Board Frank Buyakowski/telliteInvestments Property Owner �11 500\wap6-092.dk-w 6 Voting: Aye. Voting: _ Voting: Aye. Voting: ABBE T Voting: Aye. Voting: ABSENT Voting: Aye. Date FREDERICK R CLARK ASSOCIATES, INC. David J. Portman, ArcP Planning/Development/Environment/Transportation Howard 1. Reynolds, PE Faye, New York and Southport, Connecticut David H. Stolman, ArcP 350 Theodore Fremd Avenue Michael A. Galante Rye, New York 10580 Joanne P. Meder, ArcP (914) 967-6540 MEMORANDUM To: Donald A. Close, Zoning Administrator Date: January 12, 1996 Subject: Satellite Lnvestments 1,a-nd Transfer - Resolution of Preliminary and Final Subdivision Plat A roval As requested, we have prepared the attached resolution of Preliminary and Final Subdivision Plat Approval for the above captioned matter for your processing and filing. The resolution has been revised as amended and adopted by the Planning Board at its January 3, 1996 meeting. The revisions include waiver of the public hearing on the final plat application and the granting of both preliminary and final plat approval. Attachment 500�w0p6 m.akw Daniel K. Wery, AICP Associate/Planning ��s/N � I RECEIVED JAN t 8 1996 PLANNING 8 ZONING Connecticut • (203) 255-3100 FAX • (914) 967-6615 Long Island • (516) 364-4544 1-12-96 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: SATELLITE INVESTMENTS SUBDIVISION/LAND TRANSFER - RESOLUTION OF PRELIMINARY and FINAL SUBDIVISION PLAT 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 3rd day of January 1996, at 7:30 P.M. The meeting was called to order by Chairman William Parsons and upon roll being called, the following were: PRESENT: Chairman - William Parsons Present Vice Chairman - Chris Simonetty Present Boardmembers - Philip J. Dinonno Present - Michael P. Franzese Absent George Grimshaw Present Hugo Musto Present Robert Walker Present The following resolution was moved by Mr. �imoaejjy and seconded by Mr. DiNonno WHEREAS, the Town of Wappinger Planning Board received the application of Satellite Investments for Preliminary and Final Subdivision Plat Approval of a lot line modification of two adjacent lots owned by the Applicant; and WHEREAS, the Applicant has submitted the following sheet of plans: SATELLITE INVESTMENTS SUBDIVISION RESOLUTION OF PRELIMINARY and FINAL PLAT APPROVAL "Preliminary Map Lot Line Realignment for Satellite Investments", dated 11/29/45, prepared by Gray, Railing and Heinsman; and WHEREAS, the subject properties are located at the south end of Mina Drive and the east side of Spook Hill Road within the R-40 District; and WHEREAS, the subject properties obtained Preliminary Subdivision Plat Approval from the Planning Board on May 10, 1989 when the property was zoned R-20; and WHEREAS, the proposed lot line modification is consistent with the proposed lot lines of the Preliminary Subdivision and would simply allow the division of the property into two independent parcels; and WHEREAS, the lot line modification would involve the transfer of a 0,711 acre parcel of land from one lot to the other and such transfer would make each parcel regular rectangles in shape; and WHEREAS, the proposed land transfer will not affect and isnot dependent upon the future development of the adjacent parcel; and WHEREAS, the subdivision involves the 20.033 acre property known as Tax Lots 6257-01-047596 and 6257-01-140616 in the Town of Wappinger, Dutchess County, New York; and WHEREAS, the Planning Board is familiar with the site and all aspects of the proposed action and has been satisfied that the proposed subdivision will conform to the requirements of the Zoning Law and the standards of the Land Subdivision Regulations; and K SATELLITE INVESTMENTS SUBDIVISION RESOLUTION OF PRELIMINARY and FINAL PLAT APPROVAL WHEREAS, a duly advertised public hearing was held on January 3, 1996 at the Wappinger Town Hall, 20 NVliddlebush 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. Pursuant to local and 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 as the land transfer will not result in any physical change to the land or environment. 3. The Planning Board hereby finds that a proper case does not exist for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger since no new building lots will be created. Therefore, neither land nor a fee in lieu of the dedication of lands for recreational purposes will be required. 4. The Planning Board has determined that the Final Plat is substantively unchanged from the Preliminary Plat and that the requirement for a public hearing for the Final Plat Application is therefore hereby waived. 3 SATELLi'i"E INVESTMENTS SUBDIVISION RESOLUTION OF PRELIMINARY and FINAL PLAT APPROVAL 5. The Planning Board hereby grants 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: A. The Owner shall endorse a copy of this resolution and submit it to the Planning Board for its files. B. The Applicant shall submit the revised plat to the Dutchess County Department of Health for its review, approval and signature. C. The Applicant shall prepare a final subdivision plat in accordance with Section A-5 of the Town of Wappinger Land Subdivision Regulations. D. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject parcels have been paid. 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 to the Applicant that such fees are due. If such fees are not paid within this thirty 4 SATELLITE INVESTMENTS SUBDIVISION RESOLUTION OF PRELEW NARY and FINAL PLAT APPROVAL (30) day period and an extension therefor has not been granted by the Planning Board, this resolution shall be rendered null and void. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: William Parsons, Chairman Voting: ❑3� Chris Simonetty, Vice Chairman Voting: Aye Philip J. Dinonno Voting: AXe Michael Franzese Voting: Absent George Grimshaw Voting: Aye Hugo Musto Voting: A3" Robert Walker Voting: Aye The resolution is hereby duly declared adopted. Dated: January 3, 1996 Wappingers Falls, New York W' am Parsons, Chairman Da Town of Wappinger Planning Board Frank K. Buyakowski, Presid nt Date Satellite Investments 5W\wap5-139.dkw W1 CORBALLY, GARTLAND AND RAPPLEYEA A#inrneus 40 (90unnrlurs at fam CHARLES J. CORBALLY (1966) BARDAVON BUILDING JOHN J. GARTLAND, JR. ALLAN E- RAPPLEYEA 35 MARKET STREET DANIEL F. CURTIN• POUGHKEEPSIE, NEW YORK 12601-3285 FRED W, SCHAEFFER JON HOLDEN ADAMS MICHAEL G- GARTLAND FAX 914-454-4857 VINCENT L. DEBIASE PAUL O. SULLIVAN' WILLIAM F. BOGLE, JR, TELEPHONE 914-454-1110 RENA MUCKENHOUPT O'CONNOR ALLAN B. RAPPLEYEA" 'MEMBER N.Y. AND FLORIDA BAR •'MEMBER N.Y. AND CT BAR MILTON M. HAVEN COUNSEL EDWARD J. MURTAUGH SPECIAL COUNSEL October 19, 1994 Honorable Constance Smith Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Oak Ridge Subdivision./Oakwood Knolls Dear Supervisor Smith: �LL BANK OF MILLBROOK BUILDING FRANKLIN AVENUE, P.O. BOX 874 MILLBROOK, NEW YORK 12545-0874 914-677-5539 FLORIDA OFFICE- 813-461-3144 611 DRUID ROAD EAST, SUITE 101 & 102 P.O. BOX 10213 CLEARWATER, FLORIDA 34617 STEPHEN G. WATTS, OF COUNSEL*** •" MEMBER OF FLORIDA BAR ONLY RECEIVED OCT 2 0 1994 9UPERMORS OFFICE TOWN OF WAPPINGER Our client owns an 11 -lot subdivision that was granted preliminary approval approximately four years ago. However, final approval has been deferred because of a "moratorium" associated with the inability to obtain new hook-ups with the above facility. Because of the progress being made by the Town and the existence of a permanent solution to the providing of additional sewage capacity for properties within this district, I request, on behalf of the owner, that steps be taken to make available to the above subdivision available but unused reserve capacity. The demand created by the subdivision will be modest and will not impair the proper operation of the treatment facility. I would appreciate a further review of this by a conference or workshop item with the Board. JHA:tml cc: Frank Buyakowski Very ruly yours, CORBA LN@k,tTLAND & RAPPLEYEA Jon Holden Adams