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Orchard Drive Extension Subd.TOWN OF WAPPINGER PLANNING BOARD DISTRIBUTION SUBDIVISION - SIGNED RESOLUTION & FILED MAP FILED MAP # 10749 PROJE CT NAME: Orchard Drive Extension Subdivision — App- No. 98-- 5D-2-6— DATE PREPARED:. April 13, 1999 DISTRIBUTED FOR YOUR RECORDS RESOLUTION WIT11 APPROVED PLANS: x TOWN FILE x TOWN ENGINEER x TOWN PLANNER x TOWN ASSESSOR x FIRE PREVENTION BUREAU x HIGHWAY SUPERINTENDENT RESOLUTION ONLY: x TOWN CLERK (ORIGINAL) RESOLUTION FILE x TOWN ATTORNEY X BUILDING INSPECTOR x TOWN BOARD x TOWN SUPERVISOR CAC APPLICANT APPLICANT'S ENGINEER RECREATION DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) 9/10/98 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: ORCHARD DRIVE EXTENSION SUBDIVISION - RESOLUTION OF 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 9th day of September 1998, at 7:30 P.M. The meeting was called to order by Chairman Philip J. DiNonno and upon roll being called, the following were: PRESENT: Chairman Boardmembers - Philip J. DiNonno - Michael P. Franzese - George Grimshaw - Hug© Musto - William Parsons - June Visconti - Robert Walker by &,following resolution was moved by and seconded WHEREAS, the Town of Wappinger Planning Board received an application for Final Subdivision Plat approval from Frank Buyakowski for Contrail Associates (the "Applicant" and "Property Owner") for the subdivision of one 13.00 -acre parcel into three building lots, 0.46 acres (Lot 1), 0.46 acres (Lot 2), and 0.93 acres (Lot 3) in size, one 7.96 - acre parcel to be dedicated to the Town of Wappinger (Parcel "A"), and one 3.17 -acre parcel to become part and parcel with an adjoining property (Parcel "B") (the "Project" or "Subdivision"); and WHEREAS, the subject property is located on the north end of Orchard Drive approximately 500 feet north of the intersection formed by Orchard Drive and Ardmore Drive; and WHEREAS, the subject property is currently undeveloped and is known as Tax Lot 6257-01-355604 on the Town of Wappinger Tax Map (the "Property"); and ORCHARD DRIVE SUBDIVISION RESOLUTION OF FINAL PLAT APPROVAL WHEREAS, the Planning Board granted conditional Preliminary Subdivision Plat Approval for the project by resolution dated August 3, 1998, and the conditions of preliminary approval have been met except as otherwise noted below; and WHEREAS, the Planning Board, pursuant to local and State Environmental Quality Review regulations, adopted a Negative Declaration for the subdivision at its August 3, 1998 meeting; and WHEREAS, the Applicant has submitted the following five (5) sheets of plans prepared by John E. Railing, P.E., P.C., Wappingers Falls, New York: 1. Sheet 1 of 5, "Subdivision Plan", dated 9/30197, last revised 8/25198; 2. Sheet 2 of 5, "Lot Layout Plan", dated 11/3197, last revised 8125198; 3. Sheet 3 of 5, "Detail Sheet", dated 7122198, last revised 8125198; 4. Sheet 4 of 5, "Detail and Profile Sheet", dated 7/22/98, last revised 8125198; 5. Sheet 5 of 5, "Erosion Control Plan", dated 1113197, last revised 8125198; and WHEREAS, the Planning Board found that the proposed 4 -lot subdivision would result in the creation of three (3) building 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 Town Zoning Law; and WHEREAS, the Planning Board has determined to accept the application for Final Subdivision Plat Approval and has determined that the final plat is substantively unchanged from the approved preliminary plat and therefore a Public Hearing for the final plat approval is not warranted, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Planning Board hereby finds that, pursuant to Section 5.514 of the Town's Land Subdivision Regulations, a proper case does not exist for requiring additional 2 ORCIIARD DRIVE SUBDIVISION RESOLUTION OF FINAL PLAT APPROVAL parklands be suitably located for playground and other recreational purposes within the Town of Wappinger since less than six building lots would be created, and that neither the dedication of land nor a fee in lieu of land will be required. 3. The Planning Board hereby grants Final Subdivision Plat Approval subject to the following conditions and modifications which shall be fulfilled 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 prepare a Final Subdivision Plat in accordance with Section A-5 of the Town of Wappinger Land Subdivision Regulations. C. The Applicant shall submit the revised final plat to the Dutchess County Department of Health for its review, approval, and signature for the sanitary sewage disposal system and the water supply system. Vd. The Applicant shall submit the revised plat to the Town of Wappinger Highway Superintendent for review and approval of the proposed road extension on Orchard Drive. Written approval from the Highway Superintendent must be submitted to the Town Zoning Administrator. ;fie. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject parcel have been paid. f. The Applicant shall prepare construction drawings addressing the comments contained in the 911198 letter of the Town Engineer to the satisfaction of the Town Engineer. �g.The final plat shall label Parcels "A" and "B" as "Not A Separate Building Lot" and shall identify the parcel of land to which Parcel `B" will be conveyed and become part and parcel. The plat shall dissolve the property lines between the two parcels to be combined with Parcels "A" and `B" and show graphically the joining of the combined parcels with the fishhook symbol. The appropriate notations and offers of dedication shall be made to the satisfaction of the Planning Board and the Town Attorney. h. The Applicant shall obtain Town Board approval for. relocation of the encroaching driveway and for construction of the proposed road extension and related improvements on Town owned lands. 3 ORCHARD DRIVE SUBDIVISION RESOLUTION OF FINAL PLAT APPROVAL i. Upon obtaining the appropriate approval of the Town Board the plans shall be revised to show the relocation of the existing- driveway from the neighboring residence from the subject property onto the adjacent Town owned lands. \j. The final plat shall identify the zoning district boundaries of the recently created R-20 District which affects the Property. The lot areas and boundaries shall be revised to be consistent between plan drawings. \k. The deeds, easements, offer of dedication, and a pre -paid title insurance policy, in the amount of $50,000, 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. 1. A road inspection fee in the amount of $ 2 G 31� "'; as estimated by the Engineer to the Town shall be paid to the Town of Wappinger. in, The Applicant shall submit an erosion control bond and inspection fee as per the Town Engineer's requirements. n. 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 $ /541ei,cJ .00 with a term of one (1) year, approved by the Town board as ' p 11) to manner of execution, form and sufficiency to guarantee and assure full compliance by the Applicant with all the terms, conditions, requirements and Vr provisions as set forth in this resolution. T 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. 4. 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 4 ORCHARD DRIVE SUBDIVISION RESOLUTION OF FINAL PLAT APPROVAL easements and rights-of-way except in accordance with the written direction of the Town Engineer. `5. 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. `6. 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. `7. The Applicant, its successors and assigns shall provide the name, address and telephone number of an agent, representative or private contractor who shall be 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. 8. 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. \ 9. 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 S (20% of $ 60 ° the estimated cost of improvements) with a term of one (1) year to assure the satisfactory condition of said work and improvements. 110. 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: 5 ORCHARD DRIVE SUBDIVISION RESOLUTION OF FINAL PLAT APPROVAL 1. A certificate by a registered professional engineer or surveyor that the paved traveled 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. 11. No Certificate of Occupancy will be issued until the lot bounds are staked out and a possession survey of premises is filed with the Building Inspector containing a note that stakes have been set as shown thereon. 12. In accordance with the Town's Schedule of Fees, the Applicants 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 Applicants to -date. Such fees shall be paid within thirty (30) days of the notification to the Applicants that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefore has not been granted by the Planning Board, this resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will not be made until six (6) months after the signing of this resolution. Gl ORCHARD DRIVE SUBDIVISION RESOLUTION OF FINAL PLAT APPROVAL The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Philip J. DiNonno Voting: Michael Franzese Voting: George Grimshaw Voting: Hugo Musto Voting: William Parsons Voting: June Visconti Voting: Robert Walker Voting: The resolution is hereby duly declared adopted. Dated: September 9, 1998 Wappingers Falls, New York Philip J. D-X-onno, Chairman Town of Wappinger Punning Board Buyakowski, i:/docs2/500/wap8-147.dsk.dkw Owner VA Da,W 1 Date I