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Old Troy CornersZoning Administrator Town Supervisor Barbara Roberti X 128 TOWN OF WAPPINGER Barbara Gutzler Planning Board Robert Vaidati-Chairman Victor Fanueie Marsha Leed June Visconti Frank Mala orate Angela Bettina Max Dao PLANNING BOARD 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6256 FAX* (W) 297-0579 www.townofwappinger.us DISTRIBUTION MEMO TO: Christine Fulton, Town Clerk FROM: Sue Rose, Planning Board Secretary DATE: May 23, 2013 TOWN BOARD William Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz Planning Board Secretary Sue Rose X3 22 RIE: SIGNED RESOLUTION AND MAP FOR Old Troy Corners 2 Lot Subdivision Enclosed please find the resolution of final Site I Plan/Subdivision/Special Use Permit approved and signed on May 2, 2013 by the Planning Board Chairman Robert VaIdati. U) AGER TOWN 0r` TOWN CLrRK 1- DISTRIBUTION SUBDIVISION - SIGNED, RESOLUTION & FILED MAP FILED MAP # 12437 PROJECT NAME: Old Troy Corners 2 -Lot Subdivison DATE PREPARED: —May 23 2012 RESOLUTION WITH APPROVED PLANS: 2 CERTIFIED COPIES & 6 copies of filed map X TOWN FILE —'Certified Map X a TOWN PLANNER BUILDING INSPECTOR HIGHWAY SUPER-INTENDENT DUTCHESS 911 ADDRESSING OFFICE TOWN ASSESSOR RE, SOLUTION ONLY: - x RESOLUTION FILE X TOWN ATTORNEY TOWN BOARD TOWN SUPERVISOR ZONING ADMINISTRATOR FIRE PREVENTION BUREAU X APPLICANT APPLICANT'S ENGINEER / ARCHITECT DUTCHESS COUNTY SOIL & WATER CENTRAL HUDSON — EASEMENT/UTILITY PAGE RECREATION DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN 20 3/18/13 P.F. OLD TROY CO RS SUBDMSION — RESOLUTION OF PRELINIINARY AND FINAL SUBDIVISION PLAT APPROVALS At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the i8thday 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 Present Angela Bettina Max Dao Present Present �AL Victor Fanuele Present Marsha Leed Present Francis Malafronte Absent June Visconti Present The following resolution was moved by JiAne Visconti and seconded by Victor Fanuele WHEREAS, the Town of Wappinger Planning Board received the application of Craig T. O'Donnell (the "Applicant" and "Owner") for Preliminary and Final Subdivision Plat Approval to subdivide one ±3.725 -acre parcel of land into two (2) residential lots of ±80,037.9 square feet (Lot 1) and ±75,316.3 square feet (Lot 2) in size ("Project" or "Proposed Action"); and WHEREAS, the Project includes new wells and septic systems for each proposed lot; and WHEP,EAS, as part of the Project, land is being dedicated to uIlle Town along the front of the property on Wheeler Hill Road for road right-of-way purposes; and WHEREAS, as part of the Project, a water main casement is being proposed along the front of the property on Wheeler Hill Road as shown on the Plat; and OLD TROY CORNERS SUBDMSION RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISIONZIAT APPROVALS WHEREAS, the subject property is known as tax lot 6057-04-589487 on the Town Tax Assessment Maps and have frontage on both Old Troy Road and Wheeler Hill Road within an R-80 One Family Residence District (the "Subject Property" of "Site"); and WHEREAS, the Applicant has submitted an application farm for Preliminary Subdivision Plat Approval, dated October 17, 2012, revised November 4, 2012; Parts 1, 2 and 3 of a Full Environmental Assessment Form (EAF) dated November 9, 2012; and the following plans generally entitled "Old Troy Corners Subdivision, Town of Wappinger, Dutchess County, New York, " prepared by M.A. Day Engineering, PC, dated October 17, 2012, revised November 9, 2012: 1. Sheet 1 of 3, Subdivision Plan; 2. Sheet 2 of 3, Subdivision PIat; and 3. Sheet 2 of 2, SDS and Well Details (the "Subdivision Drawings"); and WHEREAS, the Property is entirely located within the Wheeler Hill Historic District which is on the National and State Registers of Historic Places; and WHEREAS, the Planning Board is familiar with the Subject Property and its surroundings, and has reviewed the Project in accordance with the standards for approval contained in the Zoning Law and the Land Subdivision Regulations; and WHEREAS, the Subject Property currently consists of one (1) tax parcel and the Planning Board has determined that the Subdivision will result in the creation of one (1) additional building lot within the 'Town of Wappinger; and WHEREAS, the Planning Board determined that the Project is a Type I under SEQRA, because it is an Unlisted action occurring wholly within a historic district on the National and State Registers of Historic Places (the Wheeler Hill Historic District); and WHEREAS, the Planning Board assumed the status of Lead Agency after circulating a Notice of Intent to serve in such a capacity and receiving no objection from any of the other Involved Agencies; and WHEREAS, pursuant to State Environmental Quality Review regulations, the Planning Board thoroughly analyzed the potential adverse environmental impacts of the Project and adopted a Negative Declaration on January 23, 2013, thereby finding that the Proposed Action will not have any significant adverse environmental impacts and thereby ending the SEQR process; and 2 of 7 OLD TROY CORNERS SUBDIVISION RESOLUTION OF PRELIMINARY AND PINNAL SUBDIVISION PLAT APPROVALS WHEREAS, due to the above mentioned land being offered to the Town, Lot 2 does not meet the minimum size requirement for the R-80 zoning district; and WHEREAS, the Project was granted a 4,685 -square foot variance for Lot 2 for the minimum size requirement by the Zoning Board of Appeals on February 12, 2013 (Appeal No. 12-7474); and WHEREAS, a duly advertised public hearing on the Project application was opened on January 23, 2013, and continued and closed on March 4, 2013, at which time all those wishing to be heard were given the opportunity to be heard. 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 a proper case exists for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger, since, in accordance with the Land Subdivision Regulations, one (1) new building lot will be created within the 'Town of Wappinger as a result of the two (2) lot subdivision, and further, that lands appropriate for reservation for recreational purposes do not exist on Site, and therefore a fee in lieu of the reservation of land for recreational purposes in an amount based on the fee in existence at the time the Planning Board Chairman signs the Final Plat will be required as a condition of Final Subdivision Plat approval. 3. The Planning Board hereby grants Preliminary Subdivision Plat Approval to the Project as herein defined. 4. The Planning Board hereby waives the public hearing on the Final Subdivision Plat because the Final Plat is in substantial conformance with the Preliminary Plat, and hereby grants Final. Subdivision Plat Approval to the Project to subdivide two (2) residential lots of 180,037.9 square feet (Lot 1) and ±75316.3 square feet (Lot 2) in size, as herein defined, 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 Applicant and Owner shall endorse a copy of this resolution and submit it to the Planning Board for its files. 3 of 7 QLD TROY CORNERS SUBDIVISION RESOLUTION Of PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVALS bVI The Applicant shall prepare a final subdivision plat in accordance with Section A-5 of the Town of Wappinger Land Subdivision Regulations. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the Subject Property have been paid in full. /d. The Owner of the Subject Property shall submit a copy of the current deed to prove his ownership of said property. The following comments contained in the Town Engineer's letter to the Planning Board, dated November 2, 2012, and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town Engineer: (1) All required signiatures and seals (owner, engineer, surveyor) shall be shown on the Subdivision Plat. (2) The - provisions for water supply and sewage disposal shall be reviewed and approved by the Dutchess County Department of Health (DCHD). (3) Evidence of all reqdiyed permits, or evidence that such permits will be granted, and outside agency approvals (the Army Corps of Engineers, the New York State Department of Environmental Conservation) shall be provided. (4) The Plat shall be revised as follows: (a) The connecting and outlet culverts for catch basins and other drainage along Old Troy Road shall be shown. (b) The basin grate elevation, and the culvert pipe material, size and inverts shall be shown. (c) The Site Specific Note 42 shall be revised to require minimum 30' wide easements. (d) The surveyors block shall be completed. 4 of 7 OLD TROY CORNERS SUBDIVISION RESOLUTION OF PRELINUNARY AND FINAL SU13DIVISION PLAT APPROVALS (e) The Lot 2 driveway shall make a true (not offset) cross intersection with the two roads, or preferably be well offset from the existing intersection. (f) The Plat shall show a permanent sight distance casement, and clearing on Lot 2 southerly of the Wheeler Hill Road intersection. (g) The Plat shall show the proposed water main, area maps and deed descriptions for the road R.O.W and for the easement, and monuments at three (3) locations along the new R.O.W. The following items shall be fulfilled to the satisfaction of the Town Av n e . Dedication to the Town of the roadway right-of-way. C-7 6 001(' & '--- '--' (2) Delication to the Town of the sight yistance easement. edication of the water main easement. % C1, The driveway entrances and sight distance measurements shall be shown on the Plat and shall meet the satisfaction of the Town Highway uperintendent. The following items shall be fulfilled to the satisfaction of the Town Planner: (1) As per Section Al of Appendix A of the Town Subdivision Regulations, the location of all existing structures and natural features such as wooded areas and major trees shall be shown on the plat. All significant trees (12 inches in diameter or greater) in the vicinity of all proposed areas of disturbance shall be shown. A list of trees including the number, species and size shall be provided, and the number and the location of those trees to be removed or proposed (if any) shall be identified. (2) The size of the buildings and compliance with the minimum parking requirements shall be demonstrated on the plat. 5 of 7 OLD TROY CORNERS SUBDIVISION RESOLUTION OF PRELIMD ARY AND FINAL SUBDIVISION PLAT APPROVALS S. Conditional approval of the Final ,Plat shall expire one hundred eighty (180) days after the date of this resolution unless all requirements have been certified as completed. However, the Planning Board may extend for periods of ninety (90) days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension(s) is/are warranted by the particular circumstances. 6. In accordance with the Town's Schedule of pees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in review of this Project which are in excess of the application review fees paid by the Applicant to -date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefor has not been granted by the Planning Board, this resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will not be made until six (6) months after the filing of the subdivision plat. 7. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The 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, a copy of the final subdivision plat, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, certifying that the plans comply with the terms of this resolution, at which time, the Chairman shall also endorse this resolution in the space provided below, certifying that the Owner and/or Applicant have complied with the above conditions of approval and that the Final Plat is authorized for filing with the County Clerk, Division of Land Records. After said filing, two (2) copies of the Final Plat certified by Dutchess County and six (6) copies of the certified copies of the Final Plat shall be submitted to the Planning Board. One (1) certified copy of the Final Plat shall be retained by the Planning Board and the other certified copy shall be transmitted to the Town Clerk along with a signed copy of this resolution. Regarding the six (6) copies of the certified copies of the Final Plat, one (1) copy each will be provided to the Town Building Inspector, Town Engineer, Town Planner, Town Highway Superintendent, Town Zoning Enforcement Officer and the Dutchess County 911 Addressing Office. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows - 6 of 7 OLD TROY CORNERS SUBDIVISION RESOLUTION OF PRF—LIMINARY AM FINAL SUBDIVISION ELAT AP.PROVALS Robert L. Valdati, Chairman Angela Bettina Max Dao Victor Fanuele Marsha Leed Francis Malafronte June Visconti The resolution is hereby duly declared adopted. Dated: —March 18, P 2013 Wappingers Falls, New York Robert L. V Town of Wz Craig T. O'D4xiRdII Applicant and Owner Voting: Voting: Ave Voting: Aye mm Voting: Aye Voting: Aye Voting: Absent Voting: _AZe Datd Board Date The following endorsement hereby confirms that the Owner and/or Applicant have fulfilled all of the conditions of this Resolution of Preliminary and Final Subdivision Plat Approval and authorizes the filing of the Final Subdivision Plat with the County Clerk, Division of Land Records. Robert L. Valdati, +Chalinnan Town of Wappinger Planning Board le) 2— Date / IADOCSZKOVappingerkOld Troy Corners Subdivision, 952.prn(p+I).cuk.doc 7 of 7