Town of Beekman Resolutions from August 1, 2005 meeting.

Go to - RESOLUTION 8:1:05 - 1 A Local Law of the Town of Beekman, Dutchess County, New York, Amending the Zoning Map of Chapter 155, “ZONING”, of the Code of the Town of Beekman to Authorize “Incentive Zoning” of 370.39 Acres in the R45 Residential District
Go to - RESOLUTION 8:1:05 - 2 Resolution in the matter of Petition by Sharbell Dutchess, Inc. for Incentive Zoning for The Springs at Beekman pursuant to Town Code Chapter 155, “ZONING”, Section 155-55
Go to - RESOLUTION 8:1:05 - 3 Authorizing Attendance at Field Management Workshop
Go to - RESOLUTION 8:1:05 - 4 Naming of Roads
Go to - RESOLUTION 8:1:05 - 5 Pawling Lake Estates Article 78 Litigation
Go to - RESOLUTION 8:1:05 - 6 Authorizing the Use of SRF Funds for Paved Walkway within Town Center Park

RESOLUTION 8:1:05 - 1 Town of Beekman Local Law No. __, 2005


A Local Law of the Town of Beekman, Dutchess County, New York, Amending the Zoning Map of Chapter 155, “ZONING”, of the Code of the Town of Beekman to Authorize “Incentive Zoning” of 370.39 Acres in the R45 Residential District


Be it enacted by the Town Board of the Town of Beekman as follows:

Section 1.

The Zoning Map of the Town of Beekman, Dutchess County, New York, as set forth within Chapter 155, “ZONING” of the Code of the Town of Beekman is hereby amended to provide through the inclusion of notation thereon that certain lands in said Town, most particularly those lands bearing the below-stated real property tax map parcel (TMP) identification numbers and consisting of the below-stated acreage, collectively being some 370.39 acres, are changed in zoning district designation from R-45 Residential District to R-45 Residential District with Incentive Zoning Authorization.

· TMP 13-2200-6658-00-537633-00 (“Beekman Road Parcel” – 92.473 acres),

· TMP 13-2200-6658-00-743494-00 and TMP 13-2200-6658-00-691565-00 (“North Lake Parcel” – 44.423 acres);

· TMP 13-2200-6658-00-676298-00 and TMP 13-2200-6658-00-732310-00 (“Lake Parcel” – 126.372 acres); and

· TMP 13-2200-6658-00-676298-00, TMP 13-2200-6658-00-891284-00 and TMP 13-2200-6658-00-740214-00 (“Green Haven Road Parcel” – 107.109 acres).

The above-cited notation shall include specific recitation of the affected parcels, as stated above, and reference to this Local Law and shall be affixed to said Zoning Map by the Town Clerk with assistance as may be required from the Town Planning Consultant.

Section 2.

The authorization of “Incentive Zoning” as provided herein is limited in its application to The Springs at Beekman, in the form of the 199-lot residential cluster subdivision discussed in the SEQRA Findings Statement and Recommendation to the Town Board issued by the Town of Beekman Planning Board on June 27, 2005, and depicted through map attachment thereto, and subject to both of the following:

A. The Town’s securing of the benefits discussed therein, specifically being [1] the dedication to the Town for recreation and open space purposes of a total of 145.589 acres of the project site, including the Doherty Soccer Fields and associated lands (65.632 acres) and the lake and associated lands (80.217 acres), the latter subject to the restrictions cited within the Findings Statement and with reservation of naming rights to the lake by Sharbell Dutchess, Inc., and [2] a voluntary payment of $243,000. to the Town by Sharbell Dutchess, Inc. for deposit in the Town’s Recreation Trust Fund.

B. The additional requirements that [1] a natural buffer 50 feet wide be provided and caused to be maintained through deed restriction on all lots within The Springs at Beekman adjoining heretofore-developed residential lots and that no structure, except for fencing, be permitted within the required buffer area, [2] the developer refurbish as a required subdivision improvement the existing trail around the lake in accordance with a plan to be submitted to and approved by the Town Planning Board during the continuing subdivision plat review and approval process, [3] the developer work with the Town Planning Board and Town Board to cause transfer of the ownership of the Doherty Soccer Fields and associated lands (65.632 acres) to the Town as soon as practicable, and (4) the developer work with the Town Planning Board during the continuing subdivision plat review and approval process to provide through conservation easement assurance that the other open space lands intended for private community association ownership within The Springs at Beekman will be maintained in perpetuity as open space.

Section 3.

This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as prescribed by law.

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RESOLUTION 8:1:05 - 2 Resolution in the matter of Petition by Sharbell Dutchess, Inc. for Incentive Zoning for The Springs at Beekman pursuant to Town Code Chapter 155, “ZONING”, Section 155-55


August 1, 2005


I, Councilman Thomas Kinsley offer the following and move its adoption:


The Town Board of the Town of Beekman hereby acts as follows on the Petition by Sharbell Dutchess, Inc., for Incentive Zoning for The Springs at Beekman, a proposed single-family residential cluster subdivision situate on a 370.39-acre project site to the east and west of Green Haven Road and on the north side of Beekman Road within the R-45 Residential District, pursuant to Town Code Chapter 155, “ZONING”, Section 155-55, and pertinent provisions of the Town Law, Municipal Home Rule Law, General Municipal Law and Environmental Conservation Law of the State of New York:


1. Certifies the Town Board has duly noticed and conducted the required Public Hearing on the Petition for Incentive Zoning in accordance with Town Code Chapter 155 and the Town Law, such Public Hearing having been opened concurrently with the Planning Board’s Public Hearing on the Draft EIS and Application for Preliminary Subdivision Plat Approval on November 12, 2003, and concluded on July 11, 2005.

2. Further certifies the Town Board has caused referral of the Petition for Incentive Zoning to the Dutchess County Department of Planning and Development in accordance with Section 239 of the General Municipal Law and to the Town Planning Board pursuant to Town Code Chapter 155 and has considered comments in response thereto.

3. Further certifies the Town Board has examined the Environmental Impact Statement, consisting of Draft EIS, Final EIS and Findings Statement, including the memorandum by the Town’s SEQRA Consultant annexed thereto, prepared for The Springs at Beekman by the Town Planning Board in its role as SEQRA Lead Agency for coordinated environmental quality review of this Type I Action and has given special consideration to the SEQRA Findings Statement and Recommendation to the Town Board issued by the Planning Board on June 27, 2005.

4. Upon the above examination the Town Board determines that it concurs without exception with the Planning Board’s Findings Statement and embraces the Findings Statement as it own.

5. Upon consideration of both the Planning Board’s recommendation and other input from the public, other Town officials, and the Dutchess County Department of Planning and Development, the Town Board further determines that it concurs with the Planning Board’s Recommendation that the following proposed development be authorized upon the 370.39-acre project site subject to Sharbell Dutchess, Inc.’s satisfaction of all related permit and approval requirements and securing of all required compliance determinations from Town of Beekman, Dutchess County, New York State and federal agencies, including subdivision plat approval from the Town Planning Board:

A single-family residential cluster subdivision as depicted on an engineer’s drawing entitled “Sketch Plan for The Springs at Beekman 199-Lot Incentive Cluster Subdivision” prepared by Morris Associates, dated April 4, 2005, and revised to May 17, 2005, and including as benefits to the Town of Beekman [a] the dedication to the Town for recreation and open space purposes of a total of 145.589 acres of the project site, including the Doherty Soccer Fields and associated lands (65.632 acres) and the lake and associated lands (80.217 acres), the latter subject to the restrictions to be determined by the Town Board and with reservation of naming rights to the lake by Sharbell Dutchess, Inc., and [b] a voluntary payment of $243,000. to the Town by Sharbell Dutchess, Inc. for deposit in the Town’s Recreation Trust Fund, and with additional requirement that a natural buffer 50 feet wide be provided and caused to be maintained through deed restriction on all lots within The Springs at Beekman adjoining heretofore-developed residential lots and that no structure, except for fencing, be permitted within the required buffer area.

6. Adopts the annexed Local Law, entitled “Local Law No. 4, 2005, Authorization of Incentive Zoning for The Springs at Beekman” and subject to the additional requirements stated therein, authorizing “Incentive Zoning” for the 370.39-acre project site, as more specifically set forth therein, so as to permit the above-described proposed development to be pursued within continuing review and approval processes, including but not limited to the Town of Beekman’s subdivision plat review and approval process, and carried out provided all pertinent permits, approvals and compliance determinations are first secured.


Annexed Document: Local Law No. 4, 2005

Second by: Supervisor John Adams

Roll Call Vote of Resolution:

Councilwoman Barbara Zulauf absent
Councilman Daniel French absent
Councilman Thomas Kinsley aye
Councilman Werner Stiegler aye
Supervisor John D. Adams aye

Resolution Declared:

Adopted X
Defeated __

Resolution Certified:

______________________________ ________________________
Town Clerk Date

Local Law Filed with New York State Department of State:

______________________________ ________________________
Town Clerk Date

 

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RESOLUTION 8:1:05 - 3 RE: Authorizing Attendance at Field Management Workshop


Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, Cornell Cooperative Extension is hosting a one day seminar on July 27 in Goshen, New York on Athletic Field Management Strategies; and

WHEREAS, the cost of $60.00 is included in the 2005 Maintenance and Grounds budget; now therefore be it

RESOLVED, that the attendance at workshop of Gregory Brown is hereby authorized.

Seconded Councilman Thomas Kinsley


ROLL CALL VOTE:
Councilman Werner Stiegler absent
Councilman Daniel French absent
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: August 1, 2005

 

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RESOLUTION 8:1:05 - 4 RE: Naming of Roads


Supervisor John Adams offers the following and moves its adoption:

WHEREAS, the roadway in the Fairfield Hills Subdivision, Grand Manor Subdivision and Lopane Subdivision all require naming to enable Emergency 911 vehicles to respond to emergency calls; and

WHEREAS, proposed names have been approved by the Town of Beekman Planning Board, Beekman Fire Commissioners and Dutchess County Department of Emergency Response; now therefore be it

RESOLVED, that road names are hereby approved as follows:


Fairfield Hills Subdivision: Robin Court
Grand Manor Subdivision: Grand Manor Drive
Lopane Subdivision: Sunset Lane


and be it further RESOLVED, that Dutchess County 911 be duly notified of these names so that they can be placed in the 911 database.

Seconded Councilwoman Barbara Zulauf


ROLL CALL VOTE:
Councilman Werner Stiegler absent
Councilman Daniel French absent
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: August 1, 2005

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RESOLUTION 8:1:05 - 5 RE: Pawling Lake Estates Article 78 Litigation

Supervisor John Adams offers the following and moves its adoption:


WHEREAS, the Office of the State Comptroller has determined that the lands of the State of New York located within the Pawling Lake Estates Road Improvement District are not liable for the assessments therein; and

WHEREAS, the Town of Beekman and Dover have jointly applied for an act of special legislation which would subject said State lands to said assessments; and

WHEREAS, the Towns remain hopeful that such legislation will be adopted but, that in the meantime it is necessary and prudent to take legal steps to protect the rights of the District in a timely fashion; now therefore be it

RESOLVED, that the Town Board authorize Jon Adams, Esq. of the firm Corbally, Gartland & Rapplyea, LLP to jointly represent the Towns of Dover and Beekman in an Article 78 proceeding to challenge the validity of the Comptroller’s determination; and be it further

RESOLVED, that the cost of this action be charged to the Pawling Lake Estates Road Improvement District.

Seconded Councilwoman Barbara Zulauf


ROLL CALL VOTE:
Councilman Werner Stiegler absent
Councilman Daniel French absent
Councilman Thomas Kinsely aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: August 1, 2005

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RESOLUTION 8:1:05 - 6 RE: Authorizing the Use of SRF Funds for Paved Walkway within Town Center Park

Councilwoman Barbara Zulauf offers the following and moves its adoption:


WHEREAS, in order to preserve the soccer and baseball fields as well as surrounding landscape, the Town Center Park located off Clove Valley Road is in need of paved walkways in between existing ball fields and connecting proposed playground areas; and

WHEREAS, the estimated cost of materials to construct five foot wide walkways within Town Center Park for a total length of 2850 feet is $13,625.00; and

WHEREAS, the Town of Beekman Highway Department has agreed to perform the work associated with constructing these walkways; and

WHEREAS, the Recreation Commission is requesting approval from the Town Board for the use of Special Recreation Funds (SRF Funds) to construct said walkways; now therefore be it

RESOLVED, that provided that the Town of Beekman Highway Department is able to schedule and construct the walkways at Town Center Park, the Town Board hereby authorizes the expenditure of Special Recreation Funds for the materials necessary to construct the walkways not to exceed $15,000.00.

Seconded Councilman Thomas Kinsley


ROLL CALL VOTE:
Councilman Werner Stiegler absent
Councilman Daniel French absent
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye


Dated: August 1, 2005

 

 

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