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Volvo Site Plan VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1.611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914) 298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANT& KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E,WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT" 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 CHRIS MULARADELIS (914)452-1046 -ADMITTED TO PRACTICE ADDRESS REPLY TO; )POUGHKEEPSIE IN NY&FLA.. )WAPPINGERS *ADMITTED TO PRACTICE IN NY&CONN. July 28, 1997 Donald Close, Zoning Administrator Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 Re: Coughlin Volvo Site Plan Our File No: 12949.0115 Dear Don: In connection with the above referenced site plan, enclosed for your records please find a copy of the duly recorded Declaration of Covenants with respect to the property owner's responsibility to construct a 30 foot wide access service road. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. OBERTS APRJjwm Enclosure PC: Hon. Elaine Snowden, Town Clerk (w/enclosures) Hon. Constance O. Smith, Supervisor (w/o enclosures) Hon. Robert Valdati, Councilman (w/o enclosures - sent to home address) Hon. June Visconti, Councilwoman (w/o enclosures - sent to home address) Hon. Joseph Ruggiero, Councilman (w/o enclosures - sent to home address) Hon. Vincent Bettina, Councilman (w/o enclosures - sent to home address) DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: RECORDED: 05/28/97 JENNIFER L VAN TUYL, ESQ PAGONES, CROSS & VANTUYL AT: 15: 49 : 18 PO BOX 550 BEACON NY 12508 COUNTY CLERK: #3601 RECEIVED FROM: PAGONES CROSS & VANTUYL "w GRANTOR:- HVA REALTY LLC GRANTEE: HVA REALTY LLC RECORDED IN: DEED TAX INSTRUMENT TYPE: DECLAR DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 24 . 50 NUMBER OF PAGES: 4 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: E & A FORM: N TP-584 : N COUNTY CLERK BY: MMB / RECEIPT NO: R25085 BATCH RECORD: B00022 WILLIAM L. PARD I, JR. County Clerk DECLARATION Declaration made this 27th day of May, 1997, by HVA REALTY, LLC, a New York Limited Liability Company, having its offices at 299 Kisco Avenue, Mount Kisco, New York 10549, concerning property located at 1597 Route 9, in the Town of Wappinger, County of Dutchess, State of New York, being the same property as transferred by AGNES WACKER to HVA REALTY, LLC, by deed dated April 25, 1997, and recorded in the Dutchess County Clerk's Office in Liber 1993 of Deeds at Page 257. 1 . The subject property has received special permit and site plan approval -F from the Town of Wappinger Planning Board by Resolutions dated March 17, 1997, to operate a motor vehicle sales and service facility, consisting of two (2) buildings and related outdoor uses. Copies of the resolution granting special permit approval, and the resolution granting site plan approval, are on file with the Town of Wappinger Planning Board Office at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590. 2. These approvals were granted subject to certain conditions which must be fulfilled prior to the issuance of building permits and certificates of occupancy. These approvals were also granted upon a possible condition, which may be required in the future. This condition requires the owner of the property to construct, at its sole expense, so much of a possible future access road, parallel to Route 9, as is located within its front yard, if and when a formal plan to construct such a road along the frontage of all properties along the east side of Route 9 in this area is ever, in the future, implemented by the Town of Wappinger, after notice and public hearing. The conditions are set forth in the Resolution of Site Plan Approval and read as follows: There shall be no construction of any buildings or structure in front of the buildings without prior Planning Board approval. This area will be reserved for the provision of a 30 foot wide access/service road to be privately owned and maintained and jointly used by the owner and adjoining property owners, the location of which will be designated by the Planning Board, after Public Hearing on ten (1 0) days written notice by mail to the landowners. When the access road is designed and located, and the access road plan is implemented by the Town/Planning Board after Public Hearing upon ten (1 0) days written notice by mail to the landowners, the owner hereby agrees to construct said access road on its property and to grant necessary cross-easements to neighboring properties to effectuate the plan, provided that all of the other involved x land owners grant reciprocal cross-easements to the owner. Approval of this site plan is conditioned upon performance of these obligations, and failure to comply with the agreements herein within one year of notification by the Town/Planning Board may result in revocation of the site plan approval after a Public Hearing upon ten (10) days written notice by mail to the landowners. 3. This declaration may be terminated at any time upon consent of the Town Board, Town of Wappinger and the owner of the property. HVA REALTY, LLC By. --- THOS COU LIN, Manager STATE OF NEW YORK } ss.: COUNTY OF- On the 2.7TL-day of 1997, before me personally came THOMAS COUGHLIN, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is the Manager of HVA REALTY, LLC, and he executed the foregoing instrument as Manager of HVA REALTY, LLC, and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said limited liability company for the uses and purposes therein contained. NOTARY PUBLIC JENNIFER L VAN TUYL NOTARY PUBLIC,State of view York Qual.in Rutchen Co.No.4657 ] RECORD AND RETURN TO: Comm. Expires March 30,is`` JENNIFER L. VAN TUYL, ESQ. PAGONES, CROSS & VAN TUYL, P.C. 355 Main Street, PO Box 550 Beacon, New York 12508 JOHN E a RA I L i N G j P a E a, PAC a CONSULTING ENGINEERS & LAND PLANNERS �6c..Route Y WcF],ur`,tigers _Fciis, N.Y. 12580-4453 -�;' L j_- ,.., rl�X't`�.!-G^4�� April 21, 1997 Town of Wappinger Town Board E'V E 20 N iddlebush Road ')I `7 -_ Wappingers Falls, NY 12590 yy'�� ` (('' ., N8UIF R,h6,03.5 it�r`vl� Re: Volvo ofWaPP in er� Down Stream Drainage Fees t, Dear Board Members: I am writing on behalf of my clie ; Thomas Coug ,` who)s the�rteevri of the Wacker Property located on Route 9 just s8ou "Spr tAuto Lube. Mr Coughhn planning to construct a Volvo Dealership on the property. We have obtained Site��m the Town Planning Board, with the standard conditions. We have also received the necessary Health Department and NYS DOT approvals. Generally, we are at a point where once we have paid our fees, the applicant will be eligible for a building permit. Part of the Site Plan approval is the requirement for downstream drainage fees. The requirement is for a payment of 15 cents per square foot of developed area for a total of about $14,458.00_ We are requesting a waiver from that fee, and provide the following information as justification to the Town Board to grant such a waiver(which I believe is permissible by Town Law, or Ordinance). We offer the following background information: 1. Our first submission to the Town detailed a drainage discharge to the NYS Route 9 drainage system by point discharge (pipe outfall.). NYSDOT was prepared to issue a permit for this discharge. They had no objection to our proposal. 2. The Engineer for the Town was not fully satisfied with NYSDOT's position and believed that the proposed drainage system would adversely impact a portion of the Town's drainage system. He therefore, requested that we come up with a plan to mitigate the downstream drainage impact. We immediately offered to upgrade or rehabilitate the existing downstream drainage system in addition to the proposed on-site system. instead, we were directed to redesign the proposed drainage system to have a near zero rate of discharge. 3. We proceeded to design a retention/detention pond on the rear of the site and after some revisions it was approved by the Town Engineer. During the course of review we were also required to eliminate any increase in the peak rate of runoff and total quantity of water to the property to the south of us (Hartman and Vergilis/Stenger properties) We have included this in our final design. 4. The Town Engineer also requested facilities to intercept the "First Flush" of runoff(i.e. runoff accumulation from the first half-inch of rain). CONSULTING ENGINEERING • LAND PLANNING • MUNICIPAL ENGINEERING • ENVIRONMENTAL CONSULTING ENGINEERING SURVEYING • RESIDENTIAL & COMMERCIAL DESIGNERS Rf--: Volvo of Wappinger Page#2 Down Stream Drainage Fees We request that the downstream drainage fee be waived in this case for several reasons: 1. We have eliminated the impacts to the downstream area as directed by the Town Engineer, even though NYSDOT had indicated that their system would accept it. 2. We have limited the off peak rate of discharge to the Hartman Property to less than zero. 3. We have reduced the total quantity of stormwater runoff discharged to the Hartman Property (not a normal requirement). 4. We have added a first flush treatment system(even though, it is not a State or Local Law, and in our opinion, not needed for this site). 5. We have expended significant construction and design moneys to accomplish all these measures. The following is a summary of costs that have, and will be incurred, as a result of meeting the requirements of the Town's consultants. Engineering Design Costs $10,300 Site Development Costs Larger Detention area/Regrading $20,000 780 LF of Drainage Pipe $25,000 2 Catch Basin/Manholes/FES $ 5,000 First Flush Facilities . $15,000 Total $75,300 We believe that the downstream drainage fees normally collected have been satisfied through the site plan review and approval process. We therefore request on behalf of the applicant, that the Town Board recognize and accept the extensive effort and costs committed by the applicant to protect downstream drainage areas, in lieu of the downstream drainage fee. To do otherwise would in effect be over-charging the applicant, and would be beyond the original intent of the law. We appreciate the opportunity to present our request to the Board, and to answer any questions on this matter to support a decision to waive the fees. Your attention to this matter is appreciated. Very truly yours, ohn E_ Railing, P.E.