2010-2382010-238
Resolution Authorizing Lots in Barry Subdivision to Connect to Route 9D Sewer Main
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on July 12,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Councilmembers
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
ABSENT: Supervisor - Christopher J. Colsey
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town of Wappinger Planning Board granted Final Subdivision Plat
Approval and Lot Realignment Approval pursuant to the application of Stephen and Kim A.
Barry for premises located on Route 9D in the Town of Wappinger; and
WHEREAS, in accordance with said Resolution of Final Approval, the map entitled
"Subdivision Map of the Lands of Stephen & Kim A. Barry" was filed in the Dutchess County
Clerk's Office as filed map number 9419A on June 9, 2010; and
WHEREAS, during the subdivision approval process, the applicant obtained permission
from both the Village of Wappingers Falls and the Tri -Municipal Sewer Commission to connect
to the Route 9D sewer main near their property, which sewer main interconnects with the Village
of Wappingers Falls sewer facilities; and
WHEREAS, the applicants and their professionals were of the belief that the sewer main
was owned by the Village of Wappingers Falls; and
WHEREAS, after the subdivision plat approval had been granted and after approval had
been granted to connect to the Village of Wappingers Falls sewer facilities, it was discovered
that the lots depicted on the aforementioned filed map number 9419A are located within the
Wappinger Sewer Transmission Treatment Improvement Area (WST/TIA) and are paying
benefit assessments for the sewer transmission pipe contained therein; and
WHEREAS, parcels to the immediate north of the lots on filed map number 9419A are
also located in WST/TIA Phase 3A; and
WHEREAS, to effectuate the purposes of the subdivision plat approval, and consistent
with the approvals granted by the Village of Wappingers Falls and the Tri -Municipal Sewer
Commission, the three lots contained within the subdivision known as "Subdivision Map of the
Lands of Stephen & Kim A. Barry" filed in the Dutchess County Clerk's Office on June 9, 2010,
as filed map number 9419A, are hereby authorized to connect to the Town of Wappinger owned
sewer main located in Route 9D (also known as South Avenue) upon the terms and conditions
hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Lots 1, 2 and 3 contained in the "Subdivision Map of the Lands of Stephen &
Kim A. Barry" filed in the Dutchess County Clerk's Office on June 9, 2010, as
filed map number 9419A, are hereby authorized to connect to the Town of
Wappinger owned sewer main located on Route 9D (South Avenue).
3. The aforementioned three lots shall be assessed benefit units for both the
WST/TIA pipe area, as well as WST/TIA Phase 3A, as determined by the Town
of Wappinger Assessor.
4. Pursuant to Chapter 236, Article 2 of the Town Code of the Town of Wappinger,
each lot shall be assessed a capital buy -in to connect to the sewer main by the
addition of a 30% surcharge on Operation and Maintenance (O&M) charges for a
period of five (5) years from the date of the adoption of this Resolution.
5. The capital buy -in assessment will be in addition to the capital charges assessed
against each lot.
6. The individual lots above mentioned shall also pay O&M charges to the Village
of Wappingers Falls in accordance with a separate agreement between the lot
owners and the Village of Wappingers Falls.
7. The Town Clerk is hereby directed to file a copy of this Resolution with the Town
Assessor's Office and the Town Water and Sewer Billing Department as well as
with the Village of Wappingers Falls.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
ABSENT
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
7/12/2010
The Resolution is hereby duly declared adopted.
!�IN C. MASTERSON, TOWN CLERK
Supervisor Office
PETER C. MCGINNIS JUN 2 8 2010
Attorney and Counselor at Law Received
515 Haight Avenue
Poughkeepsie, New York 12603
Tel: (845) 471-5721
Fax: (845) 559-0068
E -Mail: pmcginl@aol.com
June 25, 2010
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Attention: Hon. Christopher J. Colsey
Town Supervisor
Re: Barry Subdivision
Your File No.: 12949.0534
Dear Supervisor Colsey:
This is to hereby request that the three (3) lots located in the Barry Subdivision be approved
by the Town Board for connection to the Town sewer line on Route 9D.
Please advise if there are any additional questions or information which you may require.
Yours truly,
eeAe;.McGinnis
PCM/dl
cc: Members of the Town Board
Robert J. Gray, P.E.
Albert P. Roberts, Town Attorney
Richard G. Barger, P.E.
Brendan Barry
Supervisor Office
JUN 28 2010
PETER C. MCGINNIS Received
Attorney and Counselor at Law
515 Haight Avenue
Poughkeepsie, New York 12603
Tel: (845) 471-5721
Fax: (845) 559-0068
E -Mail: pmcginl@aol.com
June 25, 2010
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Attention: Hon. Christopher J. Colsey
Town Supervisor
Re: Barry Subdivision
Your File No.: 12949.0534
Dear Supervisor Colsey:
This is to hereby request that the three (3) lots located in the Barry Subdivision be approved
by the Town Board for connection to the Town sewer line on Route 9D.
Please advise if there are any additional questions or information which you may require.
Yours truly,
Ade O.M�cGinnis
PCM/dl
cc: Members of the Town Board
Robert J. Gray, P.E.
Albert P. Roberts, Town Attorney
Richard G. Barger, P.E.
Brendan Barry
k M
TOWN OF WAPPINGER
PLANNING BOARD
DISTRIBUTION
SUBDIVISION - SIGNED RESOLUTION & FILED MAP
FILED MAP # 9419A -5 Pages
PROJECT NAME: Lands of Barry
DATE PREPARED: jimp 28 - 2010
DISTRIBUTED FOR YOUR RECORDS
RESOLUTION WITH APPROVED PLANS:
2 CERTIFIED COPIES & 6 copies of riled map
X TOWN FILE - Certified Map
X TOWN CLERK - Original Resolution & Certified Map
X TOWN ENGINEER
X TOWN PLANNER
X BUILDING INSPECTOR
X HIGHWAY SUPERINTENDENT
X DUTCHESS 911 ADDRESSING OFFICE
X TOWN ASSESSOR
RESOLUTION ONLY:_
X RESOLUTION FILE
X TOWN ATTORNEY
X TOWN BOARD
X TOWN SUPERVISOR
X ZONING ADMINISTRATOR
X FIRE PREVENTION BUREAU
X APPLICANT
X APPLICANT'S ENGINEER / ARCHITECT
X 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
'Su soft oftj6.
JUL ® S 2010
Rec*ived
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Fairfield, Connecticut
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540 • FAX (914) 967-6615
MEMORANDUM
David H. Stolman, AICP, PP
Michael A. Galante
Joanne P. Meder, AICP
David J. Portman, FAICP
To: Victor Fanuele, Chairman, and the Town of Wappinger Planning Board
Date: July 17, 2009
Subject: Stephen and Kim Barry Subdivision and Lot Line Realignment
Tax Lots 6157-01-283844 & 266863
As requested, we have prepared the attached Resolution of Final Subdivision Plat
Approval for your review and consideration.
We look forward to discussing this resolution with you at the upcoming Planning Board
meeting.
David H. Stolman, AICP, PP
President
Evren Ulker-Kacar
Associate/Planning
Attachment
cc: Graham Foster
Robert J. Gray, PE
George A. Kolb, Jr.
Tatiana Lukianoff
Barbara Roberti
Albert P. Roberts, Esq.
Richard G. Barger, for Applicant (via fax 845-463-6922)
Stephen-KimBarrysubdvsn.796.pm(fl cover.euk.doc
Connecticut Hudson Valley Long Island email@fpciark.com
(203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpciark.com
7/20/09
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: LANDS OF BARRY SUBDIVISION AND LOT LINE REALIGNMENT —
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
20th day of July 2009 at 7:00 P.M.
The meeting was called to order by Chainnan Victor Fanuele and upon roll being
called, the following were:
PRESENT: Chairman
Boardmembers
- Victor Fanuele
- William Kickham
- Marsha Leed
- Eugene Pinto
- Constance Smith
- Robert L. Valdati
TOVA vi,.
Ir
The follow'n es lution was moved by (� li� and seconded
by //,, �� k�
WHEREAS, the Town of Wappinger Planning Board received an application of
Stephen and Kim Barry (the "Applicant(s)" and "Owner(s)") on behalf of themselves and
Michael and Alice Hogan, owner(s) of 2480 Route 9D (the other "Owner(s)") for
subdivision approval to subdivide one 5.4 -acre parcel of land into 3 residential lots and to
adjust the lot line between 2486 Route 9D and 2480 Route 9D (the "Project,"
"Subdivision" or "Proposed Action"); and
WHEREAS, the subject properties are ±5.4 (2486 Route 9D) and f1.6 (2480 Route
9D) acres in size and are known as tax lot 6157-01-283844 and 266863, respectively on the
tax maps (the "Subject Property" or "Site"); and
WHEREAS, the subject properties are located on Route 9D within an R-20/40 One -
Family Residence District; and
WHEREAS, as a result of the proposed lot line adjustment 0.007 acres of land would
be conveyed from 2486 Route 9D to 2480 Route 9D while 0.009 acres would be
conveyed from 2480 Route 9D to 2486 Route 91); and
LANDS OF BARRY SUBDIVISION AND LOT LINE REALIGNMENT
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
WHEREAS, the Applicant submitted an application for Preliminary Subdivision
Plat Approval, dated July 31, 2008; Final Subdivision Plat Approval, dated July 31,
2008; a Short Environmental Assessment Foran dated July 31, 2008; an Owner Consent
Form, dated August 20, 2008 and the following 5 sheets of plans dated November 18,
2008, revised June 2, 2009, generally entitled "Subdivision Map of the Lands of Stephen
and Kim A. Barry" and prepared by Barger and Miller, Engineering and Land Surveying
PC.:
1. "Sheet 1 of 5," Subdivision Plat and Lot Line Realignment;
2. "Sheet 2 of 5," Plan Notes and Details;
3. "Sheet 3 of 5," Plan Notes and Details;
4. "Sheet 4 of 5," Road Profiles; and.
5. "Sheet 5 of 5," Strip Map and SLSD Profiles; and
WHEREAS, the Applicant is proposing that access to proposed Lots 1 through 3
would be provided via an 18 foot wide common driveway; and
WHEREAS, the above mentioned common driveway would be located where the
existing driveway to Lot 1 is located; and
WHEREAS, as required by Section 240-20.A(l) of the Zoning Law, the Applicant
has shown that each proposed lot can provide independent access over its own frontage; and
WHEREAS, the Planning Board has determined that the proposed Subdivision
will result in the creation of two (2) additional building lots within the Town of
Wappinger as a result of a 3 -lot subdivision; 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 Proposed Action is an Unlisted action with respect to both SEQR
and WEQR; and
WHEREAS, a duly advertised public hearing was opened on November 17, 2008
and adjourned to January 5, 2009 at the Wappinger Town Hall, 20 Middlebush Road,
Wappingers Falls, New York at which time all those wishing to be heard were given the
opportunity to be heard and the hearing was closed on the latter date; and
WHEREAS, pursuant to State Environmental Quality Review regulations, the
Planning Board adopted a Negative Declaration on the grounds that the Proposed Action
will not result in any significant adverse environmental impacts since any construction and
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LANDS OF BARRY SUBDIVISION AND LOT LINE REALIGNMENT
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
land disturbance associated with the proposed project will be controlled and mitigated
through proper drainage and erosion control; and
WHEREAS, the Project was granted Preliminary Subdivision Plat Approval by
the Planning Board on January 21, 2009; and
WHEREAS, a public hearing on the Final Plat will not be held because the Final Plat
is in substantial conformance with the Preliminary Plat.
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 Applicant shall prepare a final subdivision plat in accordance with Appendix
A, Section A-5 of the Town of Wappinger Land Subdivision Regulations.
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, since, in accordance with the Land
Subdivision Regulations, two (2) new building lots will be created within the
Town of Wappinger as a result of the three (3) lot subdivision, and a fee in lieu of
the reservation of land for recreational purposes will be required as a condition of
Final Plat approval.
4. The Planning Board hereby grants Final Subdivision Plat Approval for the project
to subdivide one 5.4 -acre parcel of land into 3 residential lots and to adjust the lot
line between 2486 Route 91) and 2480 Route 91) as herein defined, subject to the
following conditions and modifications which must be satisfied prior to the
signing of the amended Final Plat by the Chairman of the Planning Board:
j 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 a statement signed by the Town's Tax Collector that
all taxes due on the subject property have been paid in full.
rc: The following comment contained in the Town Engineer's letter to the
Planning Board, dated July 1, 2009, and all comments in any subsequent
letter(s) issued, shall be fulfilled to the satisfaction of the Town Engineer:
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LANDS OF BARRY SUBDIVISION AND LOT LINE REALIGNMENT
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
The plat clarity shall be acceptable to the Dutchess County Clerk.
1� d., The Applicant shall prepare the necessary legal documents to the satisfaction of
ti's l� the Town Attorney, including, but not limited to access easements for the use
l- of the common driveway areas and maintenance agreements therefor.
5. 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 Amended 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, all Owners 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 Owners
to -date. Such fees shall be paid within thirty (30) days of the notification to the
Owners 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 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 as set forth above have been satisfied, and
when the Owner has funded the application review escrow account established for
the Project to its original amount, a mylar 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 teens of this resolution, at
which time, the Chairman shall also endorse this resolution in the space provided
below, certifying that the Owner has complied with the above conditions of
approval and that the Final Plat is authorized for filing with the Dutchess 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.
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LANDS OF BARRY SUBDIVISION AND LOT LINE REALIGNMENT
RESOLUTION OF FINAL SUBDIVISION PLAT APPROVAL
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:
Victor Fanuele, Chainnan
William Kickham
Marsha Leed
Eugene Pinto
Constance Smith
Robert L. Valdati
The resolution is hereby duly declared adopted.
Dated: July 20, 2009
Wappingers Falls, New York
Victor Fanuele, Chairman
Town of Wappinger Planning Board
*Stepenand Kiln Barry
Applicant(s) and Owner(s) �
Michael and AIic�gan
Other Owner(s) /
Voting:
&ul
Voting:
Voting: -
Voting:
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7
Date
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The following endorsement hereby confines that the Owner has fulfilled all of the
conditions of this Resolution of Final Subdivision Plat Approval necessary for
endorsement and filing of the Subdivision Plat with the County Clerk Division of Land
Records.
G
Victor Fanuele, Chairman Date
Town of Wappinger Planning Board
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