Loading...
1981-08-24 SPMA Special Meeting of the Town Board of the Town of Wappinger was held on August 24th, 1981 at 7:00 P.M. at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Notice of said meeting was mailed to all Board Members on August 21, 1981, calling the meeting for August 24, 1981 at 7 P.M. Notices were also sent to the news media and posted on the Town Clerk's Bulletin Board stating that the purpose of the meeting was to consider action on establishing a Conservation District for the Fieldstone Farm Subdivision, building permits for the Pondview Subdivision and any other business that may come before the Board. Supervisor Diehl called the meeting to order at 7:00 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Janet Reilly, Councilwoman Others Present: Jon Holden Adams, Attorney The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, a formal application for, the approval of a subdivision plat entitled "Section One of the Fieldstone Farm" was submitted by James Klein, the Applicant, to the Town of Wappinger Planning Board with a request, dated November 7, 1980, for authority to design a cluster development pursuant to Section 281 of the Town Law and Section 411.92 (Conserva- tion Subdivision) of_the Town Zoning Ordinance, and WHEREAS, the Town Board by Resolution dated May 12, 1980 granted approval to design said subdivision as a cluster develop- ment proposal subject to further review by the Town Board, and WHEREAS, the Planning Board has reviewed said proposal pursuant to the Town of Wappinger Subdivision Regulations and Zoning Ordinance, now be it RESOLVED that the application of James Klein for approval of Section One of Fieldstone Farm prepared by Richard Barger, P.E., and dated July 17, 1981 be approved subject to the following conditions, and be it further RESOLVED that the Chairman of the Town of Wappinger Planning Board be authorized to endorse approval of said Subdivision Plat upon compliance by the Applicant with such conditions as noted below, and be it further RESOLVED that such conditional approval shall expire one hundred and eighty (180) days from the date of this Resolution if the Applicant has not complied with such conditions. 1. Ownership: A. The owner of the development, currently James Klein and/or whomever else may hold title to the subject properties, now or in the future, shall be subject to the conditions imposed by the Town of Wappinger Planning Board on August 17, 1981 , in granting final approval. 2. Dwellings: A. The development shall be constructed entirely of single-family dwellings in separate ownership, on a conventional basis. entrance. B. Each dwelling unit shall have its own separate C. No unit shall be constructed underneath or over another one. 3. Roads: A. Roads shall be built to the standards set forth in the Town of Wappinger Highway Specifications in force at the time of dedication, unless said roads were substantially completed under specifications which were revised less than one year prior to dedication and all construction shall be subject to the approval of the Town of Wappinger Highway Superintendent. 4. Monuments: Permanent concrete monuments shall be set as indicated on the Plat approved by the Engineer to the Town and the Town Highway Superintendent. 5. Utilities: A. Central water supply and sewage facilities shall be installed as required by the Dutchess County Department of Health. B. Storm water runoff shall be conveyed by pipe into the natural drainage system as set forth in the approved plat and drainage plan with installations subject to approval of the Engineer to the Town and the Highway Superintendent. C. Surface water shall not be directed upon the property of others unless as easement for this purpose has been obtained from the affected property owner and duly recorded. D. Open channels shall not be used to handle storm drainage except where permission is granted in writing by the Town of Wappinger Highway Superintendent. E. All services shall be provided underground; the Developer shall provide assurances in writing that telephone, cable television and electric service shall be provided by the.utility companies. Underground utilities placed in the street right -of way shall be placed between the paved roadway and street line to simplify location and repair of the lines. F. The applicant shall install underground service connections to the property line of each lot before the final coat of pavement goes on. 3 G. The approval of this subdivision shall not be construed as imposing upon the Town of Wappinger an affirmative duty to provide greater water or sewage plant capacity or sewage disposal facilities than presently exists at the time of this resolution, and such existing water facilities and sewage plants shall be deemed to be equally assessable to all landowners within the improvement district served by said plant or such facilities, and any existing capacity of said plant or such facilities for additio nal water and sewer hook-ups shall not be deemed to be reserved exclusively to the applicant but shall be available to all those who qualify for the same. 6. Improvements: A. Streets shall be graded and improved with pavement, street signs, sidewalks, street lighting standards, curbs or gutters, street trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board has waived, subject to appropriate conditions, the provisions for such improvements considered not requisite in the interest of the public health, safety and general welfare. Such improvements shall be constructed in accordance with the highway specifica- tions of theTown and if not, to such standards as defined by the Town Highway Superintendent or the Town Engineer of the Town of Wappinger. B. All required improvements shall be made by the Applicant without reimbursement by the Town or any District therein. C. All improvements dedicated to the Town shall be guaranteed by the Applicant for a period of one year after the date of completion and acceptance in the manner prescribed by the Town Highway Specifications. D. Installation of improvements intended to be accepted and dedicated to the T own shall be subject to inspection by the Town and approval by the Town. 7. Open Space: A. All open space to be dedicated to the Town of Wappinger within the development shall be deeded and conveyed to and owned and maintained by the town through a special district (park district for conservation purposes) be created pursuant to Article 12 & 12-A of the Town Law for the benefit of the residents of the district. The applicant prior to signing of the plat shall petition the Town Board for the creation of said district. Said district shall encompass all the lands set forth on the plat. At the time of the submission of the petition, the developer will also tender the sum of $25.00 per lot to defray district expenses during the first year. B. Lands designated as Open Space on the Plat shall be left in a natural state without any disturbance at any time. C. Open Space lands shall be kept open and forever wild and shall be kept free and clean of debris, junk or other obnoxious material. 8. Fees and Bonds: A. Fees for inspection of water, sewer and storm water drainage lines, as well as downstream drainage, as required by the Town and in accordance with a resolution of the Town Planning Board of the Town of Wappinger, shall be deposited with the Town before the Planning Board shall sign the final plat. B. Prior to the issuance of any building permits and the commencement of any construction, a bond of sufficient amount to insure construction of roadways, drainage facilities and other improvements required to service the dwelling units for which building permits are sought in a form and surety approved by the Attorney to the Town shall be approved and accepted by the Town. The amount of said bond shall be determined by the Highway Superintendent and the Engineer to the Town. The bond shall be conditioned upon satisfactory compliance of covered improvements within two years of the filing of the Bond. The Bond shall be filed at least thirty days prior to the commencement of any construction. 9. Compliance: A. The Applicant shall comply with all other Town, County, State and Federal rules and regulations pertain- ing to the development of the Subdivision Plat and construction of housing as well as support facilities. 10. Planning Board Conditions: A. The conditions set forth in the resolution,of the Planning Board as supplemented by the minutes of the public hearing of the Planning Board shall be incorporated by reference herein as if herein fully set forth. B. Those conditions set forth in this resolution and those incorporated by reference shall be deemed to be comple- mentary unless inconsistent, in which instance the conditions imposed by this resolution shall be given priority. 11. Restrictive Covenants: A. Prior to signing of the subdivision plat, the applicant shall submit to the Attorney to the Town such restrictive covenants it deems necessary to promote and protect the standards and objectives of this resolution. B. All restrictive covenants affecting the open space shall be enforcible by the Town or its designated agent. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays Before the resolution was adopted there was discussion on various amendments to be made and all agreed to these changes" including the members of the Town Board, the Attorney and Mr. Fanuele, Chairman of the Planning Board. Mary Schmalz, being recognized by the Chair, asked who prepared the Environmental Impact Statement on this subdivision and was told it was done by the developer's engineer who submitted it to the Chairman of the Conservation Advisory Council who re- viewed it. She then asked if all requirements set down by the Judge at the water hearings had been fulfilled and if all homes were supplied with meters which was another requirement. Mrs. Schmalz was confused about the open space and how they were treating this ---would it be open to the public, who would own it? It was explained that this park district would be for the use of residents of that subdivision and they would be paying toward its upkeep, however the land would be deeded to the Town. It would be treated as a special district and available only to the residents in that district. As far as; the developer supplying recreation on a town -wide basis, it had been previously agreed that he would upgrade the present recreation land in that area. The Engineer and Highway Superintendent would determine the work to be done with the approval of the Recreation Commis- sion. The area designated was on the corner of Reggie Drive and Spook Hill Road. This had all been discussed and approved at the public hearing held by the Planning Board. A request was received from Joe Ennesser to hold a Softball Game and Beer Party at Robinson Lane on August 28, 1981 from 5:30 P.M. to 10:00 P.M. He stated that he would be responsible for all activities conducted in a proper manner and the field cleared and left in the condition it was found in. Mrs. Schmalz, being recognized by the Chair, said she was a member of the Recreation Commission and it was the first time she had heard of this request. It was pointed out that although Mr. Ennesser was the Director of the Recreation Commission, he was asking this as a private citizen and pursuant to our Local Law on the consumption of alcoholic beverages in a public place, approval must be given by the Town Board for an exemption this law. MR. DIEHL moved that permission be granted for Mr. Ennesser to have the Game and Beer Party at Robinson Lane on August 28, 1981 from 5:30 P.M. to 10:00 P.M. and that he notify the State Police of this event and be responsible for the activities being conducted properly and the field cleaned up before they leave. Seconded by Mr. Johnson from Mr. Joel Hanig, attorney representing the Pondview Subdivision was present to request two building permits for this subdivision; this had been tabled from the regular meeting to make sure all requirements had been fulfilled. A letter was received from the Highway Superintendent stating that all the work had been done on Mina Drive with the exception of the placing of the monuments. He further said that if the Board approved these two permits, they must be on the portion of road that is black - topped and if Lots #95 and #6 were released, provision must be made for a temporary turn around. The fee of $4,000 per lot must also be submitted before the permits were issued. Mr. Hanig addressed the Board and asked for a third permit since they had a buyer for that lot and were ready to proceed. His client agreed to all the conditions. MR. JOHNSON moved that permission be granted to issue building permits for Lots #95, 97 and 6, subject to the previous agree- ment made with the Town Board that $4,000 per lot be deposited with the Town (total of $12,000), the road monuments be in place and a temporary turn around be provided as stated by the Highway Superintendent. Seconded by Mr. Versace Motion Unanimously Carried Mr. Lapar arrived at 7:45 P.M. A request from the Pawling Savings Bank for a building permit for Lot #100 in the Pondview Subdivision had been tabled from the regular meeting for review and recommendation by the Attorney and was now placed before the Board for their consideration. MR. JOHNSON moved that the building permit for Lot ##100 in the Pondview Subdivision, owned by the Pawling Savings Bank, be approved, based on the fact that this lot had received prior approval. Seconded by Mr. Versace Motion Unanimously Carried MRS. MILLS moved to close the Special Meeting, seconded by Mr. Johnson and unanimously carried. The meeting closed at 7:50 P.M. akatolk. Elaine H. Snowden Town Clerk Spl. Mtg. 8/24/81