2010-3832010-383
Resolution Authorizing a Grant of License to Construct Drainage Improvements in
Connection with the Dutchess Community Living (Hudson Valley Cerebral Palsy
Association) Subdivision and Site Plan Approvals
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 December
13, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale (Arrived 7:02 PM)
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, Hudson Valley Cerebral Palsy Association ("HVCPA") and its affiliate, Dutchess
Community Living ("DCL"), have made application to the Town of Wappinger for Site Plan Approval for
the establishment of a residential facility for persons with developmental disabilities at a site located at
150 Meyers Corners Road in the Town (hereinafter the "Community Residence"); and
WHEREAS, the Community Residence is to be located on a parcel to be subdivided from
premises owned by the Masonic War Veterans of New York; and
WHEREAS, the application by HVCPA and DCL requests both Subdivision and Site Plan
approvals; and
WHEREAS, to implement the construction of the Community Residence, HVCPA and DCL
have agreed to undertake certain drainage improvements through a certain easement more particularly
through lands of Martinez, Lot 17, filed Map Number 2024 in the Dutchess County Clerk's Office, as
well as certain improvements to the Town storm drain system located in Schnabl Ct.; and
WHEREAS, the proposed improvements have been approved by Graham Foster, Highway
Superintendent and Robert J. Gray, P.E., Engineer to the Town.
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. The Town Board hereby grants a license to HVCPA and DCL to enter upon and within
an easement through lands of Martinez, Lot 17, filed Map Number 2024 in Dutchess
County Clerk's Office and onto and within Schnabl Ct., a Town highway, for the purpose
of constructing such storm drainage improvements and/or reconstruction of the storm
drainage lines as are shown on the construction drawings approved by the Town of
Wappinger Planning Board in connection with the above referenced subdivision and site
plan application.
3. The grant of license is conditioned upon HVCPA and/or DCL and/or their contractors
naming the Town of Wappinger as additional insured under their Commercial General
Liability Insurance policy with an occurrence limit of not less than $1,000,000.00 with a
$2,000,000.00 general liability umbrella.
4. HVCPA and their affiliate DCL or their contractors, shall indemnify and hold harmless
the Town against all claims on account of injury, loss or damage arising out of or alleged
to arise out of or in connection with the work to be performed hereunder, including all
expenses incurred by the Town in the defense, settlement or satisfaction thereof of any
such claims, including expenses of legal counsel.
5. This Resolution shall only become operative upon the execution of this Resolution by
HVCPA and DCL in the space provided below, indicating their acceptance of the terms
and conditions stated herein and upon the approval of the Town of Wappinger Planning
Board granting the above described Subdivision and Site Plan approvals to HVCPA and
DCL.
6. The license created herein shall terminate two (2) years from the date the resolution of
final Subdivision Plat approval and Site Plan approval are granted to HVCPA and DCL
by the Town of Wappinger Planning Board.
7. The Town Clerk is hereby directed to send a copy of this resolution to the Planning Board
within ten (10) days of its adoption.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
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.
12/13/2010
The Resolution is hereby duly declared adopted.
0i O-IAAL�
OHN C. MASTERSON, TOWN CLERK
December 8, 2010
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Christopher J. Colsey, Supervisor
Town of Wappinger
20 Middlebush Road
Wappinger Falls, New York 12590
Attention: Hon. John C. Masterson, Town Clerk
Re: Dutchess Community Living
150 Myers Corners Road
Town of Wappinger, NY 12590
Dear Chris and Chris:
In connection with the presentation to be made by Hudson Valley Cerebral Palsy Association and
Dutchess Community Living, I enclose a proposed Resolution Authorizing a Grant of License for
Drainage Improvements should the Town Board wish to adopt the Resolution immediately after
the presentation.
Very truly yours,
VI~RGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ALBERT R ROBERTS
APR/af
Enclosure
cc: Planning Board — Hon. Victor Fanuele, Chairman
Hon. Graham Foster
Willis H. Stephens, Jr., Esq.
Robert J. Gray, P.E.
David Stolman, AICP
THE
Chae
COMPAN I ES
Engineers
Environmental Professionals
Land Surveyors
Landscape Architects
Planners
December 8, 2010
Mr. Christopher Colsey
Town of Wappinger Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Hudson Valley Cerebral Palsy Association
150 Myers Corners Road, Town of Wappinger, New York
Chazen Project # 80917.00
Dear Supervisor Colsey:
Hudson Valley Office
21 Fox St., Poughkeepsie, NY 12601
P: (845) 454-3980 F: (845) 454-4026
www.chazencompanies.com
Capital District Office (518) 273-0055
North Country Office (518) 812-0513
Hudson Valley Cerebral Palsy (HVCPA) is proposing to subdivide the existing 4.87± acre Masonic Lodge
parcel located at 150 Myers Corner Road (Dutchess County Route 93) in the Town of Wappinger into
two lots. The site is owned by the Masonic War Veterans of New York, and contains the Post No. 53
lodge for this organization. The 4.87± acre parcel, identified as Section 6258 Block 03 Lot 322214 on the
Town of Wappinger official Tax Map, is proposed to be subdivided to provide a 2.46± acre parcel for the
existing Masonic War Veterans lodge (Proposed Lot 2) and a 2.41± acre parcel for the proposed HVCPA
community residence (Proposed Lot 1).
HVCPA is proposing a single story 13,583 sf (+/-) independent living facility with 14 one -bedroom units
to be occupied by persons with disabilities, and an additional one -bedroom unit for a caretaker
residence on Proposed Lot 1. The existing 3,486 sf building and associated parking is to remain on the
resulting 2.46 acre parcel (Proposed lot 2). The parcels would share a proposed driveway which would
be placed directly across from the entrance to the former IBM facility located on the northern side of
Dutchess County Route (DCR) #93.
This project was introduced to the Town of Wappinger Board on February 25, 2008 and had further
discussions on the March 10, 2008 agenda. A motion was passed by the Board authorizing the
Supervisor to write a letter of support for this project during the March 10, 2008 agenda.
The development of this parcel has been hindered in the past due to downstream drainage issues
associated with Schnabl Court. Schnabl Court is located to the east of the proposed project site and is
adjacent to an existing pond situated at the intersection of Kent Road and DCR #93.
In an effort to address the off-site drainage concerns of the adjoining neighbors as a result of this
project, this office participated in meetings with Robert Grey, P.E., Town Engineer, on January 6, 2010;
and Robert Grey, P.E. and Graham Foster on February 23, 2010 at Town Hall. HVCPA and this office also
engage in several meetings with the representatives of the Dutchess County Department of Works
(DCDPW) to discuss alternative designs as it related to off-site drainage improvements, since the project
abuts a County Road and their approval is also required.
Chazen Engineering, Land Surveying & Landscape Architecture Co., P.C.
Chazen Environmental Services, Inc.
The Chazen Companies, Inc.
Supervisor Colsey
December 8, 2010
Page 2
The proposed project incorporates a pocket pond at the northwest corner of the project. The proposed
pocket pond is a storm water management basin used to provide qualitative treatment and attenuation
of runoff from the project development. Runoff will be discharged from the proposed pocket pond via
an outlet control structure and conveyed west through an on-site pipe to an existing Town of Wappinger
catch basin. The catch basin is located within a 30 -foot wide drainage easement on the adjoining
Martinez property (northeast corner of Martinez property — see Sheets SPI and SP4 below). This
drainage easement is shown on the attached filed map for Cedar Creek Estates. Runoff from the site
and adjoining shoulder of DCR #93 currently flows to this location. From this point runoff would be
conveyed (similar to the existing conditions) through the 30 -foot wide drainage easement that traverses
the east side of the residents within Schnabl Court. At the point where the existing drainage line
intercepts the road, a catch basin would be installed to reroute the drainage north along the east side of
Schnabl Court where it intersects DCR#93. This would entail an excavation of a trench through two
driveways, grass, and between utilities servicing the residences at 3 and 5 Schnabl Court, all located
within the Town of Wappinger Right -Of -Way (outside of pavement). The removal of two existing brick
pillars and associated lights located at 3 Schnabl Court would also be required, which is also located
within the Town of Wappinger Right -of -Way. Following the installation of the pipe, driveways would be
restored, disturbed lawn areas would be repaired with sod, and the brick pillars (including the lights)
located at 3 Schnabl Court would be reconstructed on their property.
From the intersection of DCR#93 and Schnabl Court, the existing catch basins would be replaced and the
new drainage line would be routed west along DCR#93 to the outlet structure in front of the existing
pond located at Kent Road and DCR #93.
The Applicant and this office participated in two public meetings with the residents of Schnabl Court on
September 13, 2010 and October 25, 2010 to review the proposed improvements and field questions.
The Chairman of the Planning Board and Town Engineer were present for the October 25, 2010 meeting.
The proposed project and off-site improvements are depicted on the attached plans:
■ SP1— Existing Conditions Plan, last revised October 18, 2010;
■ SP2 — Site Plan, last revised September 7, 2010;
■ SP4 — Grading, Utility, and Erosion and Sediment Control Plan, last revised September 7, 2010;
■ DPW1— Highway Entrance Permit Plan 150 Myers Corner Road (DC #93); and
■ DPW2 — Off-site Utility Improvements Plan Myers Corners Road (DC RTE #93).
Five copies of the above referenced map, including an 11 x 17 of the Cedar Creek Estate Plat are
included for your review.
The Applicant appeared before the Planning Board on October 4, 2010, November 15, 2010 and recently
on December 6, 2010. During the Planning Board meeting on December 6, 2010 the Applicant was
informed by the Town Attorney that permission to connect to the existing drainage system located
within the drainage easement and work within the Town Right of Way along Schnabl Court would
require the permission of the Town of Wappinger Board. We were formerly under the impression that
the proposed improvements were subject to the consent of the Town of Wappinger Highway
Department Supervisor.
Supervisor Colsey
` December 8, 2010
Page 3
Therefore this office requests to be placed on the December 13, 2010 Town Board agenda to apply for
approval for the proposed drainage improvements.
Please let me know if you have any comments or concerns regarding this request. If you have any
questions or need anything further, please do not hesitate to call me at 845-454-1478.
Sincerely,
Christo her LapireP.E., LEED AP
Project Manager
Attachments: As Stated Herein
cc: Town of Wappinger Planning Board, Attention Chairman Victor Fanuele
Hudson Valley Cerebral Palsy Association, Howard Yager and Jacobo Rubinstein
Richard Chazen, P.E.
RECEIVED
2010-383 DEC 15 2010
Resolution Authorizing a Grant of License to Construct Drainage UfLDIN Ae Z
Connection with the Dutchess Community Living (Hudson Valley Cerebral Pal y
Association) Subdivision and Site Plan Approvals
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 December
13, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (Arrived 7:02 PM)
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, Hudson Valley Cerebral Palsy Association ("HVCPA") and its affiliate, Dutchess
Community Living ("DCL"), have made application to the Town of Wappinger for Site Plan Approval for
the establishment of a residential facility for persons with developmental disabilities at a site located at
150 Meyers Corners Road in the Town (hereinafter the "Community Residence"); and
WHEREAS, the Community Residence is to be located on a parcel to be subdivided from
premises owned by the Masonic War Veterans of New York; and
WHEREAS, the application by HVCPA and DCL requests both Subdivision and Site Plan
approvals; and
WHEREAS, to implement the construction of the Community Residence, HVCPA and DCL
have agreed to undertake certain drainage improvements through a certain easement more particularly
through lands of Martinez, Lot 17, filed Map Number 2024 in the Dutchess County Clerk's Office, as
well as certain improvements to the Town storm drain system located in Schnabl Ct.; and
WHEREAS, the proposed improvements have been approved by Graham Foster, Highway
Superintendent and Robert J. Gray, P.E., Engineer to the Town.
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. The Town Board hereby grants a license to HVCPA and DCL to enter upon and within
an easement through lands of Martinez, Lot 17, filed Map Number 2024 in Dutchess
County Clerk's Office and onto and within Schnabl Ct., a Town highway, for the purpose
of constructing such storm drainage improvements and/or reconstruction of the storm
drainage lines as are shown on the construction drawings approved by the Town of
Wappinger Planning Board in connection with the above referenced subdivision and site
plan application.
3. The grant of license is conditioned upon HVCPA and/or DCL and/or their contractors
naming the Town of Wappinger as additional insured under their Commercial General