Verified Petition CHAB Five Realty Hardship

Transcription

1UN 2 7 ?0!E
"•,
.~I
State of New York —County of
Orange
Town of Monroe —Town Board
In the Matter of the Application of
C H A B Five Realty, LLC, petitione
~
for a Hardship Variance from the To
wn's
Moratorium via Local Law 1 of 20
16
~
,
r
To: Town Board —Town of Monro
Verified Petition of
C H A B Five Realty, LLC
e
Petitioner, C H A B Five Realty,
LLC, as and for its application for a
hardship
variance from the application of the
Moratarium via Local Law 1 of 20
16,
respectfully alleges as follows:
Your Petitioner, C H A B Five Re
alty, LLC, is organized as a limite
d
liability company under the laws of
the state of New York and maintain
s its
office for the transaction of business
at 269 Mounfainview Drive #102
,
Monroe, New York. By this Petitio
n, Petitioner seek a Variance from
that
certain Moratorium the Town Bo
ard of the Town of Monroe purpo
rted Co
-adopt as Local Law No 1 of 2016 ("M
oratorium"), which Variance wo
uld
relieve Petitioner from the mandate
s and prohibitions set forth in said
Moratorium.
2. By Deed dated the 18th day of Fe
bruary, 2016, your Petitioner becam
e
owner, in fee simple absolute, of
all those certain parcels of land (he
reinafter
"Lands") described in Schedule A
to Exhibit 1 hereto, which Lands are
identified on the tax maps of the
Town of Monroe as Section 31, Blo
ck 1,
Lots 31, 62 & 63. The Lands con
sist of approximately 150.4 acres of
land.
Attached hereto as Exhibit 1 is a
true copy of said Deed whereby Pe
titioner
acquired title to said Lands.
3. Petitioner submits the following fac
ts and informarion relating to the history
of the efforts to secure preliminary app
rovals for the residential development
of the Lands:
a. The initial application to subdivide
the Lands was made in July 2001,
which sought aforty-nine (49) lot subdiv
ision.
b. On June 4, 2004, the Planning Boa
rd issued a SEQRA Negative
Declaration, finding there were no env
ironmental impacts and/or all
identified impacts were adequately mit
igated under applicable law.
Final Subdivision Approval was grante
d on January 13, 2015.
c. The Final Approval was extended by
the Planning Board on April 5,
2016, which extension runs through July
10, 2016.
d. In 2002, development of the Lands
was also part of the Rye Hill
Generic Environmental Impact Study ("R
ye Hill GEIS") to identify
and address impacts associated with
six developments proposed along
the "Rye Hill Road Corridor."
i. The Rye Hill GEIS addressed the per
ceived impacts of six (6)
residential subdivisions along the Rye Hil
l Road Corridor,
including:
1. Groundwater Impacts;
2. Surface Water Impacts;
3. Traffic Impacts (including a traffic
study of the relevant
area); and
4. Planning &Zoning Impacts.
ii. On or about April 20, 2004, a Ge
neric SEQRA Finding
Statement (2004 Findings Statement) was
adopted by the
Planning Board, which finding statem
ent addressed the
common impacts associated with the six
subdivisions within the
Rye Hill Road Corridor. The 2004 Findin
g Statement
concluded the perceived impacts would be
adequately address,
ra
the environment protected, an
d etc. via the coordinated
development of the Rye Hill
Road Corridor.
4. On January 13, 2Q 15 the
Town of Monroe ("Planning
Board") duly granted
Final Approval far the subd
ivision of the Lands into fortynine (49)
residential lots. A copy of
the Resolution granting Fina
l Approval is
attached as Exhibit 2.
5. The time for instituting
a legal challenge to the Final
Approval has passed.
6. There has never been an
y determination by any board
having jurisdiction
that there has been a chan
ge in relevant circumstances
warranting a
reconsiderarion of the Final
Approval.
7. By the aforementioned Fin
al Approval (Exhibit 2), the
Planning
Board approved that certain
Subdivision Plat prepared by
Pietrzak
& Pfau Engineering &Surve
ying and last revised on Febru
ary 22,
2011 and September 3. 2013
.
a. A copy of the Subdivision
Plat /Site Plan is submitted he
reto an a
DVD, together with other rel
evant documents, including
the
Environmental Assessment Fo
rm, and Public Hearing Tran
script.
b. In connection with the de
velopment of the Lands as a
49 Lot
Subdivision, a Stormwater
Pollution Prevention Plan ("SW
PPP") was
prepared. The SWPPP show
s that the development and ev
entual fullbuild out of the Project will no
t have any adverse impact on
the
environment, surrounding are
as, or general welfare of the
community
by reason of stormwater runo
ff and/or erosion. (See Nega
tive
Declaration, attached as Exhib
it 3)
a The Subdivision Plat and
S WPP set forth all representat
ions of the
developer/applicant with rega
rd to the dimensional standard
s' of the
zoning district within which
the development is located, inc
luding but
not limited to lot coverage, im
pervious surface coverage,
residential
building size, occupancy, an
d other design parameters wh
ich served
as the basis for SEQRA revie
w, Stormwater Pollution Prev
ention Plan
(SWPPP) review, and infrastru
cture approval and design,
including
The Subdivision Plat sets forth
the Subdivision Bulk Table app
licable to this Project.
methods of water supp
ly, wastewater disposal, st
ormwater control,
drainage, and transporta
tion approvals.
8. Upon information
and belief, no violations
have been issued with re
the Lands.
spect to
9. Upon information an
d belief, all of the docu
ments relied on by the Pl
Board in granting the Fi
anning
nal Approval are identif
ie
d
an
d/
ar
Final Approval.
referred to in the
10. As to the status of ap
provals from outside ag
encies, your Petitioner su
the following informat
bnvts
ion;
Polak Farrn Status o
f Approvals
Phase 1
Agency
Village of Monroe
Orange County Departm
ent
of Health
Toni of Monroe Planni
n
g
Board
Approval Required
Watershed Variance (L
ot 4
Sewage Disposal Syste
m
Location)
Realty Subdivision Appr
oval
final Subdivision Appr
oval &
Local Wetlands Disturb
ance
permit
Approval Obtained
February 23, 2006
June 23, 2006
January 13, 2015
Phase 2
Agency
Orange County Deparn
nent
of Health
Orange County Sewer
District No. 1
New York State Depa
rCment
of Enviromnental
Conservation
Town of Monroe Plannin
g
Board
Approval Required
Realty Subdivision Appr
oval
Sanitary Sewer Main Li
ne
Extension
Sewer Main Extension
Final Subdivision Appr
oval &
Local Wetlands Disturb
ance
Permit
Approval Obtained
October 18, 2Q 13
August 22, 2011
August 22, 2013
January 13, 2015
Overall Project
Agency
Approval Required
Approval Obtained
United States Army Corps
Na
tio
nw
ide
Permit and
of
~
wetland Mitigation Plan
Engineers
M
ay ~9, 2008
Approval
New York State Departmen
t
SPDES General Stormwate
of Environmental
r
Discharges General Permit
Conservation
March 22, 2011
Town of Monroe 7"own
Drainage District Forniation
& Pending Submission to
Board
Dedication of Open Space
Town Board
i1. Your Petitioner is no
t requesting a variance fro
m the Moratorium law fo
project which proposes
ra
to vary from, or does not
meet all previous decisio
rendered by the Plaamin
ns
g Board or Zoning Board
of Appeals.
12. The Project is and w
ill continue to be consisten
t with and comply with
previous decisions and fin
all
dings of the Planning Bo
ard and the Town of
Monroe Town Board.
13. In connection with
the proposed subdivision
and development of the
into the 49 Lot Subdivis
Lands
ion, the Planning Board
made the following findi
ng:
The ~'lanning Board ha
s determined #hat ap
prove( o#this sul~~vision
substantially serve the pu
will
blic convenience, sa
fefy and welfare in that
be subdivided is of such
the rand to
character that it can be
us
ed safely for building p~
-Es_~lthau~da~~eG~to-k
rpos~ea[th-or_peril-frorri--fre
-ftoo~-or-~iher-menaceFu~her
arrangement, location an
;
the--d width of streets, their
relation to the topograp
hy of the
land, wader suppfy, s~wa
g~ disposal, drainage,
to
t
sizes and arrangemen#,
passible fu#ure dev~lapm
the
~nf of adjoining land
as yet un-subdivided are
prlate and Gonsist~nfi w
af! approifh the requirements of
the master p{an, the Q~c
the Town of Monroe Subd
fal map,
ivision Regt~latians an
d
ap
pl
ica
ble zoning reguiat~ons
sub}ect to camptianee
,
in fuU with conditions he
r~lnafter fmposed.
See Exhibit 2 at pg. 5.
14. The above-stated fin
dings were implicitly reaf
firmed by the Planning
when it extended tl~e Fi
Board
nal Approval on April 5,
2016.
15. Attached as Exhib
it 3 is the Negative Decla
ration adopted by the Pl
Board, in which the Plan
anning
ning Board found "that th
er
e
w
ou
ld
significant harmful envir
be no
onmental effects resulti
ng
fro
m granting
conditioned preliminar
y subdivision approval
to
th
is 49-lot subdivision."
The Negative Declaratio
n discussed and set forth
the Planning Board's
conclusion that there wou
ld be no negative impact
on "Surface and
Groundwater Resource
s; Flooding" and no adve
rse impacts on wetland
traffic, community se
s,
rvices, etc.
16. This Petition is not
presently in front of the
Planning Board or Zoni
of Appeals to request a
ng Board
waiver from any previo
us approval or finding.
17.On April 15, 2016,
counsel for Petitioner re
quested, via email, the
for the Planning Board
attorney
to confine those items, if
an
y, of the Final Approval
remained pending. At ot
her times, Petitioner's co
unsel reiterated his tQ be
advised by the attorney
s for the Town, includin
g its Planning Board, to
informed what items in
be
the FINAL APPROVAL
the Town considered
pending. A copy of sa
id communications is colle
ctively attached hereto
Exhibit 4. As of the da
as
te of this 'Petition, counse
l for the Town has nod
responded to the reques
t for confirmation of thos
e items, if any, of the Fi
Approval remained pend
nal
ing.
1$. On February 18, 2016
, Petitioner purchased th
e Lands from Rye Hill
Holdings, LLC, for the
agreed upon price of $3
,000,000.00. Attached
as part of Exhibit 1 are
hereto
the Combined Real Esta
te
Tr
an
sfer Tax Return and
Real Property Transfer
Report, which Real Prop
er
ty confirm the $3,000,0
purchase price.
00
19. In connection with
its acquisition, financing
, and undertaking to de
Lands in accordance
velop the
with the Final Approval
, Petitioner incurred othe
charges and expenses th
r
at it will submit to the To
wn Board upon reques
t.
20. Petitioner spent ov
er TYiree Million ($3,00
0,000) Dollars based up
economic return it wou
on the
ld expect the Lands to yi
eld via the 49 Lot
Residential Subdivisio
n shown on the Subdiv
ision Plan and described
FINAL APPROVAL.
in the
21. At the time of Petit
ioner's acquisition of th
e Lands an February 18
Petitioner verily expect
, 2016,
ed that, within six mon
th
s,
co
ns
truction of the public
improvements would be
substantially completed
to a point where the
Subdivision Plat could be
filed with the Orange Cou
nty Clerk, construction
financing could be obta
ined, and residential lots
offered for sale.
22. Petitioner's cost of
holding the premises is
approximately $250.00 pe
for interest on the acquis
r day
ition loan, plus additiona
l
am
ou
nts for property J
school taxes, and insura
nce ("Carrying Costs").
23. As of the date hereof
, Petitioner has invested
over $3,000,000 toward
acquisition and developm
the
ent of the Lands.
24. Petitioner seeks re
lief (specifically, a varianc
e) from the Moratorium
prohibition so that the To
's
wn Board and Planning
Bo
ar
d
sh
process, hear, rehear, ex
all be able to
tend, approve, andlor do
su
ch
other and further acts
as are necessary to perm
it Petitioner to proceed
w
ith the develapment of th
49 Lot Subdivision, includ
e
ing granting ea'tensions
of
th
e
ap
proval, approving
andior executing such do
cuments, papers, and th
in
gs
(such as dedications,
bonding, inspection agre
ements, etc.} as are necess
ary to carry out the intent
of the Final Approval, an
d to permit the Planning Bo
ard, Town Board, Town
Engineer, Town Attorn
eys, Planning Board Atto
rneys, and such others
persons who may be invo
lved on behalf of the To
wn to issue to Petitioner
grading permit(s), erosio
n and sediment control pe
rtnit(s), wetland permit(
sewer connection permi~
s),
(s), floodplain developm
ent permit(s), driveway
opening permit(s), wate
r connection permit(s),
and any such other perm
may be necessary to co
its as
mplete the construction Pr
oject.
25. In the event the Mor
atorium bars the Planni
ng Board from consider
granting extensions of th
ing and
e Final Approval, then Pe
tir
io
ne
r seeks a variance
permitting the Planning
Board to consider and gr
an
t extensions of the Final
Approval as provided
for in accordance with ap
plicable law.
26. Petitioner seeks relie
f (a variance) from the M
oratorium's prohibition
issuance of residential bu
on the
ilding permits and other
acrion(s) relating to the
construction of resident
ial dwellings, including th
e issuance of building
permits, inspection repo
rts, certificates of occupa
ncy, etc., and Petitioner
requests that the Build
ing Inspector J Building De
partment of the Town be
permitted to accept bu
ilding permit applications
for any and all elements
the 49 Lot Subdivision re
of
quiring a building perm
its) (such as for public
improvements, site improv
ements andlor residentia
l structures), that the
same be authorized to proc
ess and approve any sa
id applications and issue
building permits thereon,
to inspect construction ac
tivities, and to issue
certificates of occupancy
and/ar temporary certificat
es of occupancy.
27. Petitioner seeks a Pu
blic Improvement Security
Agreement with the Town
which agreement shall co
,
nform to applicable law.
28. Petitioner seeks com
plete relief from the Morat
orium, sa Petitioner can
proceed with the full de
velopment of the Lands as
such development was
envisioned and approved
by the FINAL APPROVA
L.
29. As hereinbefore sta
ted, Petitioner paid $3,000
,000 ("Purchase Price") to
purchase the Lands, wh
ich amount was the agreed
upon purchase price and
was based on the fact th
at the Planning Board ha
d issued the Final Approv
which Final Approval.
al,
30. Petitioner paid said
Purchase Price with the ex
pectation of a positive
economic based that wo
uld be generated by a 49
Lot Residential Subdivi
as shown on the Subdivi
sion
sion Plan and described in
the FINAL APPROVAL.
31. Without the develop
ment value inherent in th
e Final Approval, the Land
not worth the Purchase Pr
s are
ice Petitioner paid for th
e
ac
qu
isi
tio
n of the Lands,
and Petitioner cannot sell
the Lands at present and
ac
hie
ve a positive
economic return.
32. There is no economic
return possible from hold
ing the Lands because, in
their present undevelop
ed state, the Lands will no
t generate a return equal
ar greater than Petitione
to
r's investment and the Ca
rrying Costs.
33. Indeed, at present, th
e Lands are yielding a ne
gative economic return, i.e
the Carrying Costs exce
.,
ed the economic yield of
holding the Lands in an
undeveloped state.
34. As part of Petitione
r's expectation of an econ
omic return, Petitioner
reasonably expected the La
nds to be worth as much
as the Purchase Price, if
not substantially more,
during the course of deve
loping the Lands into the
Lot Subdivision.
49
35. In the event the Town
enacts local laws that requ
ire design changes, revisio
to the proposed layout, an
n
dior a lower lot yield an
df
or
de
ve
lop
ment
potential, then the Land
s will not be worth what Pe
titi
on
er paid for the
Lands and expected fro
m said Lands. Petitioner has
and will continue to
have a negative economic return on said Lands for so long as the Lands are
under Moratorium.
36. By reason of the foregoing, Petitioner will not have an economic return by
reason of the moratoritun, and, therefore, is entitled to a variances) under
the standard therefor stated in Local Law No 1 of 2016.
37. Petitioner is respectfully submitting Exhibits 1 — 4, and it is compiling the
other papers referenced in Local Law 1 of 2016. Petitioner reserves the right
to call witnesses at any hearing on this application.
Wherefore, Petitioner requests relief from the Moratorium, a variance(s),
being complete relief from the Moratorium, so Petitioner can proceed with the full
development of the Lands as such development was envisioned and approved by
the FINAL APPROVAL, and Petitioner may have such other and further relief as
is just and proper.
Dated: Goshen, New York
June 27, 2016
BLUSTEIN,SH
BARONE,LLP
C H ., Five alty, LLC
By
Ab hem. B erman
By:
Gardiner~arCRte;~
AtEorney for Petirioner
10 Matthews Street
Goshen, New York 10924
(845)291-0011
VERIFICATION
STATE OF NEW YORK
)
COUNTY OF ORANGE
)
ss:
I, Abreham Bierman, being duly sworn depose and say that: ] am a member of the Petitioner
named above, and Ihave read the foregoing Petitioner, and know
contents thereof and the same are
true to my Imowledge, except those matters therein
ch aze s ed to be alleged on information and .
f
,'.'
belief, and as to those mattersIbelieve them to bet e.
A
Sworn to before me on this
27"' day of June, 2016
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Exhibit 1
GON9U4TYIIUR LFW~'ER BEOHE SIGNINGIH~ INSIIWMEM~iN~S ItS1ttUMENT,9HW LP9E U9FOB'/ LAWYF.1150N1Y
TNIS INDENTURE, matla lha /8'"dayol Fe6mary, 2U18
BETWEEN
RVE HILL HP4PIN6S LI.C, havin@ en oKce at 1000 JeMason Avenue dizaEeih, NJ p7201
~m orme rtn~ pin, ana
C H A B FWE RFAU'!, ILC, a Naw Yod i'united Ifabllky company, Aaviiq 11s offFa at 72 Gwen lane, Apt
1010., Moireay, NY 10852
parry of the ceedul pan.
WITNESSETH, that the Dbtly of the firstpeN, l~ consitlxalbn of
rert
aonam
paid by the perry of the secunU patl, Coes hereby B~nl enE miease umo the pa y of @e socontl pazt, fhe heire
or euceenwrs entl asslgne o!IM DwnY o~ ~e ~~^0 Dort fae~ar,
ALL thei wtlein pb~, place or parcel o! lentl, with Ne bdlMMgs end hnprovemenls thereon eractetl. sfWete,
ryiny antl Ceirp in Ne
SEE SCMEOIJLE'A'ATTACHEO
GF.'1(IUS~i'
BEING AND INTENOE~ TD BE THE SAME PREMISES CONVEYED TO THE PARTY OF THE FlRST PART
8V DEED DATED 13/7N2003 AND RECORDED ON 1/12f2U08 IN THE ORANGE CAUNTY C4ERK5
OFFICE IN ~BEO LIBER 12051 PAGE 85.
AS TO LOT 18.31 and 82
BEING AND IN'fENOEp 7D BE THE SAME PREMISES CONVEYED TO THE PAftTV OF THE FIRBt PART
BY PEED DATED 2/18/2006 ANO RECORDED ON OT23/30~9 MTHE ORANGE COUNTY CLERK'S
OiFICE IN GEED LIBER 12]84 pAOE 286.
TOGETHER wllh ail dgM, tflb and interest, it enY, of the pedy of Ne Ont pad In and to any adapts amt marls
abutting the abava tleacnbeE gemises la Ne wnler tines Thereof; T06£7HER wllA Ne eppurtenencea antl atl
Uw esgta amt dpt~ln a/ Na parry o/ the first part k~ antl b sak premises; TO HAVE ANO TO HOLD Ne
premises hereto Bronlea unto itre parry o(It~e caeontl pan, tfie heirs a auaceesws end esspns o(tM1e party of
Ure secAnd part tore~G.
AND Iha party of the pat pert covenanla Ihel lha petty of the full patl has rwt tlone or suflamE any@inp
whare0y Ne eaiC pramisea have been encumbaretl in any way w7ielgver, wcapl a. afore6aitl.
AND Ike Oe~ty of tAa final part, h mmpllenca wdh Section t3 of the Lien law, coranent6lhal iha paM of Ne
6rs1 part wdl receive iFre maaitlerelbn for Ih1s conveyance antl wlil hoW the right to receive such cormiderxtion
es e butt Nod b be appWad flrsl for the purpose of paying fM1a wst of the bnprovemanl end will appy Me sem¢
Wrslto th paYmenl of fha eoat of tie improvement before uaihy any pert of Ne loft of fie same Wr any ether
purpose. Tire wnk'pe~y aheil by ppnahued as if K read "DaNes' when aver the Eense of Ihta IMeniure so
requires.
THIS wnveyence has been matle In the oMinary wurce ol6usp~esc aiM with i~a unaNmoue cwrsaM of lie
Grenlota members.7hi~ ~~vayance tloas ~ conatiWa a eonveyaziea otell or subctanilally all olthe aseels
of iM Grentor.
IN W17NE5S WHEREOF, 0e patty of the Or¢I part has Culy axecutotl Nh deed the tlay entl yxar fiBf above
written.
IN PRESENCE OF:
RYE HILL HOLDINGS LLC
~-~—~
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By: David Breier, authorized signatory
SIeMeN KY.B.T.U. f am 8003 ~ BYOeN and SJe OeeU, vAN Ca~avnl epelmi GteeMf sP.Gk - UNtam AdroMe~pikM
Form 329tl
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SECTION 31
BLOCK i
L0T5 /8.31, 62 an063
CWNTY OF ORANGE
STREETAo0RE55: PP4tACKGARMS.MONROE, NY
RENRN 0Y MAILTO:
Marc WohlpemWh b Aasw9atea, P.C.
295 WeBi Roule 69
Spring Valley, Naw York 10977
TP-584(4/73)
rvew vmxstaie ~at+a„mem o~Tezp~on eiw Fl~rce
Combined Real Estate
Transfer Tarr Return,
Credit Line Mortgage Certificate, and
Certification of Exemption from the
Payment of Estimated Personal Income Ta~c
❑ inaivlauei
~ ~~rffi~
~p~~ry~P
❑ Eata1P/TNst
❑ Sirgle mertd~er LLC
~ Other
RYE HILL HOLDINGS LLC
Maillne address
t000 Je(tereon Avewe
State
City
~~~a6eth
NJ
Singl¢ membeiE name if graMDf Ia B single mamba! LlC (srte Nswcibns)
Gl6ntee/fIa118f6C2B
~ ~~~~,~~
~~~~a~~
❑ Pannersfea
~~~Ng
❑ 3ingle member LLC
~ p~~
Neme(RinGHC'ie1, kM, l(rst. n~tdNe klitlag( <Iieck Mmwe Uwn onegranterJ
C H A B FIVE REALM, LLC
MdiAng atld'ew
2 Gwen Lane. Apt 101A
Slate
City
Mousey
NY
SInB~a memb~fa name tlgmntea is a single member 4LC (sesmawc~ny
Recording office time 5famp
Social security number
ZJP Coda
D7201
FeJBfNi EIN
13-0317588
Single member E7N ar SSN
Soda~seturMy l'tumb¢r
SaidlstturvTy nu~r~Ger
7JP wde
10952
Fedmel ElN
Sin81e member EIN a SSN
Location and description of property conveyed
Ta~c map designation—
Sectlnn, block & bl
pMmtle uors anddpcNay
SWIS cede
(sin dlgNs)
Street address
City, town, orvillege
Es Berry Road and East Mombasha Road
Monroe
334088
Type of ProP~Y conveyetl (cneckePWiwHfe box)
6 ❑CommerclaUlndustriai
Data of cooveyence
1 ~O~-to three-family house
8 ~ ApeNnen[ bulltling
2 ~ Resitlenttai cooperative
2tl18
02
18
7 ~ Office bWWing
3 ~ Residentlai condaninium
8 ~ OthBr
mwi0i
°ar
~`
4 ~ Vacant lernl
Orange
31.148.31, 82 antl 63
Conditlon of conveyance (chateau ma(epp/yJ f. D Conveyance which comis+s of e
~enpe of Identity orform of
a. 0 Conveyance of fee interest
ownership w organization (attach
F°m' 7~5s~.7.5cnadule q
b. O Acqufsftion W a controlling interest (state
%) g. D Conveyance for which credit for taz
pxcentage acqu~ed
prevbusly paid will be olaimed (attach
fort" ~~'i' S~h~We ~'
c. D'li'ansfer of a controAing interest (state
4fi) h. O Contreyance of c0opefapve apartments)
pelCentage transferred
d. ~ Corneyance to cooperaAve housing
corporatbn
i, p Syndicafinn
~. O Conveyance of air rights or
tlevebpme~t rights
e. C] Conveyance pursuant to or in Reu of
foreclosure w mfarcmnen[ of security k, D Curdrect assignment
intefest (edaeh Fam iP-584.1, ~.'Mdukt7
AmnurM1 receivetl
Dale received
Farrecnrcling oKCa/s u~
Scf~adule 8. Partt
Sgmduie B., Part ll S
County
Percentage of reel property
conveyed which is residential
~ P~o~~
tpp %
(%~ i~s~N)
I. Q pption assignment or sutrentler
m~ Leaseholtl asWgnment or surrender
n. D Leasehold grant
o. O Conveyance of an easement
p. D Conveyance for which exemption
hom Vanster tax dalmed (comptefe
SchedWe 8, Pert I!!J
q, D Conveyance of pmperry partly wfthln
and penly outs(de Me state
c C7 Conveyance pursuant to divorce al'separeGon
e f'1 Clthnr Hnventnsl
ireneac0on number
Paga 2 of 4 TP.684 (4/13)
ScFiedule B —Real estate transfer tax return (fax Law, Article SiL
partI- Computatbn of tez due
1 Enter amount of consitleretion for the conveyance (!you are Nelnwga tofa~ enempfron Irom tac, check the
exemp~lort Ualmed bwq anfarmnsitleration endproceetlro Pm+n4 ~~-~-~••-•~-~•~••~~-~•~• Q F~emption claimed
2 Cont(nuln8 ~~en tl8tluctbn(se9 insWcfioru ilprope+ty is iekanau6(ecemmnrtga9e afren).......................................
3 Taxable cansldaratb~(subhace Me2lom Ane ll ................._....._........._..._........................................._............
4 Tax: $2 for each $500, ar frectlonel part thereof. of considaretlon on Fne 3 ..,..._................................_..........
6 Amount of Credit claimed tw iau preNously peld {seeinsfmc6ans sntlattech Fam TP-584.1, Sahedula qi ............
& Total tax due'(wb(rect Hne blmm Nnn 41 ...............................................................................................................
Pert 11-Computation of additional tax due on the conveyance of residential reef property for $1 million a more
1 Eller amount of cansieleatlon for conveyance flmm Part 4line rl ._.........................................................._........ 1.
2 Taxable comiderellon(mulll~y Fne7by the percentage oltbe premtres which Breakfental realproperry, asshawnh Schedule l~... 2.
3 Total additional ira~sfert~tlue"{mu/tlPN Gire 26y 1%401A ....................................................._...._..................... 3.
PartIIt- EzplanaUon of exemption claimed an Part I, qne 1 (cnecx anybmres mst eppty)
7Yre conveyance of real propeAy is exempt from the reel estate hansfer tax fa the following reason:
a. Conveyance is to the Unitetl Natbns, the Unitetl Slates of America, the state of Naw York, or any of lhair instmmerttalflies,
agencies, or political subdivisions (or any public corporation, including a public corporetian weated pursuant to agreement or
crompact wkh another state or Canada)..............................................._.............._............................................_....................__...... a
b. Conveyance Is to secure a debt or other obligation_......._......................................................._........._.._......._..............._......._..... b
❑
c. Conveyance 1& witiroUt atltlitlonal consideration to conflrtn, cornet, motlffy, or supplement a prior conveyance................._......... c
❑
d. Conveyance o(reat property Is without comlderetlon and prof In connaalon wtth e sale, including conveyances conveying
realty as bona 9de gifts ...........................................__....._........._...................,......................................................................._....._. tl
❑
0. COI1V9Y80C815 ~IVBf110 C00(12C1b0 Wlth fl l9X 9018...................._............._...................................._............................._.__............. e
❑
L Conveyance is a mere change o(identity or form of ownerahlp or or9anizatlon where there Is no change in beneflciai
ownership. (This exemption cannot be claimed for a conveyance to a cooperatHe hpusi~g corporation of real property
comprising the cooperative dwelling or dweil(n8s.) Attach Fwm TP-584.7, Schedule F................................................................... f
❑
9. Conveyance consists of deed of parlRion...._....................._._................._...................._...._.._...........__...,.................................... g
Q
h Conveyance is given pursuant to the federal Bankruptcy Act......_..___......................._.._....._....................._...........................__. h ❑
is 'Conveyance coreists of the enecutbn of e cont2ct to self real propeM1y, without the use or occuparwy of such property, or
Ne grenling nF an option to purchase real property, wtthout the use or xcupancy of such property .............................................. i
j. Conveyance of en cptton ar contract to purohasa reed properly with the use or occupancy of such property where the
cnnsideretbn Is less than $200,000 and such P~pParty was usetl solely by the grantor as the B~antm's personal residence
and cons(sts of e one-, two-, or three-femiy house, en individusi residential condominium unit or the sale of stwk
in a cooperative housf~g corporatbn in connection wHh the gra~rt or trensfer of a proprietary leasaholtl covering an
individual residential cooperatNe apartment................................................................................................................_.................... J
❑
k. Conveyance is not a caiveyance within the meaning of Tax Law, Article 31, section 1401(a) fatfach dxuments
suPPmRn9 such c/e~+N ........................._.................................................,..._........................................,....._...................._..........,........ k
❑
"fhe total tare (from Part I, Iine 6 all Part II, Iine 3 above) Is tlue within iS days from the date conveyance. Please make checks) payable
to fhe county clerk where the recording Is to take place. If the record(ng into take place in the New York Ciry boroughs of Manhattan,
Bronx, Brooklyn, or Queens, make checks) payable to the NYC Department o1Finance, li a recattling is not regwred, send this return
antl your checks) made payeCie to iha NYS Department of TaxaRon and Rnance, directly to the NYS Ta< Department, REl'f fiatum
Processing, PO Bwc 5045, Albany NY 12205-5045.
Page 9 W 4 'FP-584 (4/13}
Schedule C —Credit Line Mortgage CertiflcateSiex Law, Article 71)
Complete the following only if the interest being Vansferred Is a fee simple interest.
(we) certify theL (check the appropNate bor}
L ~ The real property belrg sold w transferred Is not subJect to an outstanding credit Itrre rrrortgage.
2. ~ 'fBe read property being sold or transferted is sublet[ to an outstantlin0 credit 11ne mortgage. However, an exemption from the tax
Is dalmetl iwthe following reason:
❑Tha transfer of real properly is fl transfer of a fee simple Interest to fl person or persons who held a (ee simple Interest in the
real property (whether as aJolnt tenant, a tenant in common or olhenvise) immediatery berore the transfer.
Q The transfer of real praperry is (A} to a person or persons relaFed by 41ood, marriage or adoption to the odgine~ obligor or
to one or rtwre of the original obligors or ~B) to e person or entity where 60% or more of the beneficial interest In such real
property attar the t2nsfer is held by the trans/eror or such related person or parsons (as In the case of a transfer to a trustee Iw
Uw benefit of a minor pr the transferto a trust for the beneflt of the Uensteror).
❑The trensFer of real property Is a Vansfer to a trustee in 6ankmptcy, e receiver, assig~e, or other officer of a couR.
❑lTe m~lmum prindpal amount secured by the credit Ilne mortgage is $3,000,000 or more, and the real property being sold
nr Garsferred is not Drincipaily improved nor will It be improved by a one- to six-femiN owner-occupied residence or dwelling.
Please noM: for purposes of determining whether the maximum principal amount secured fro $3,OOD,000 or more as described
above, the amounts securetl by two or mwe Credit Ilse mortgepes may 6e a99re9ated under ceMaln circumstances. See
TSB~M-98(6y-R for more Information repartif~ these aggragatlon requirements.
❑Other (aIXech tletar7ed arpfanaflmr}.
3. ~ The real property bHnB t~ansferted is presenlly subject ro an outstanding cretli[ line morteega. However, no taz is tlue for the
following reason:
❑A certificate of tlischerge of the credit line mortgago is being oHeretl at the time of recording the deed.
Q A check has been drawn payable for transmission to the cretl)t Ilne mortgagee a Ms agent for the balance due, and a
satis(actlan a1 such mortgage wIA be recordetl es soon as it is evalleble.
4. Q The real propetly being trensferted is sub~ec[ to an outstanding vedR Tine mortgage recorded in
Qnsert Iibar and page or reel or other identlficatian of the mortgage). The maximum principal amount of debt orobligation secured
. No exemptbn from frvc is claimed and the te~c of
by the mortgage is
is belrg paid herewith. (Make checkpaya6/e ro county clerk where deed will be recorded ar, H the recordl~ 15 to lake place to
New Vork C!ry bu! not (n RkhmondCounty, make checkpayabk to the NYC Papartment o!Finance)
Signature (both the Brentor~s) and grentee(s) must sign)
The untlereigned certify that the above information contained in schedules A, B. and C, Including any return, ceAflicetion, schedule, or
altachmeni, is to the best of his/her knowledge, true and gomp~ete, etM fluthortre the persoMs) sutrmi[ling such form on their behalf to
eke.
receive a copy for puryoses of recortling the tleed or oNer InsWment efrectlng the c
prentwal9naWre
---.... Tlt~a
Orenlm ei~elure
'Mlle
prpntorayvtum
Title
Orentee G9nalure
ilia
NemirMer. Did yqu complete ell of the required information In Schedules A, B, atW C1 Are you requiretl W compieta SchetlU~e D? If you
checked e, f, org In Schedule A, did you complete Form TP-584A? Have you attached your checks) made payebie to the county clerk
where rccoMing wiR take piece oy if the recoMing is fn the New York City boroughs of MenhatWn, Bronx, Brooklyn, or Queens, to the NYC
Department otAnance7lf no recortling fs required, send yom cheok(sj, made payaGle to the Department of Te<atfon end Finance,
directly to the NYS T~ Department, REIT Return ProcessinB~ PO Box 5045, Albany NY 122 5-5045.
Page 4 of 4 TP-6&1(4/13)
Complete the following only H a fee simple krtereat or 0 co00eradve uNt is bein@transferred 6y en Intliuiduel or estate ortrugt
N the property is bain9 Fonveyed by a referee pursuant fo a toredosure proaeetling, proceed to Part il, end check the second box
under FxempHans fornonrestdent trane/aro((~fseller(sJ and sign at bottom.
PartI-New York Stets residenW
If ybu are e New York State resident trensferogs)/seAer(s) listed in 3chedute A of Form TP-584 (or en attachmerrt to Form TP-5B4), you must
sign the certlflcaUon below. If one ar more trensferoraJsellers of the real proparry or cooperative un% is a resident of New York State, each
resitlant transferor/seller must sign in the space provitletlJf more space is needed, please photocopy this Sctietluie 0 and submit as many
schedules es necessary to accommodate all resident tranafemrNsellers.
CeNificetlan of resident transtarar(s)/seller(s)
'this is to certify that at the time of the sale or transfer of the real property or cooperative unfl, the transferor(syseilerjs) assigned below was
e resident of New Yak State, and therefore is not required to pay estlmeted personal income taz untlerTez Law, section 863(a) upon the
sale ar transfer of Nis real property or crooperative unit.
Oele
SIB~aure~
Pdnl lull n¢me
Slpne~um
Prins Wll name
dale
Signelure
PrMl Wli name
fete
BlpnaWre
Ptln1 NII lame
Oale
Note: A resident of New York State may still be requhetl m pay estimated ta+c under Tax Law, sectlon 6&5(cJ, bm iwt as s conditlon of
recortling a deetl.
Part R - Nonresfdenis o1 New York State
if you are a nonresident of New York State Nsfetl as a iransferodseller in Schetlule A o1 Form TP-584 (or an attachment to Form TP-584)
bW ere net required to pay estimated personal Income taz because one of the exemptions 6elgw applies antler Taz Law, sectlon 8830).
check the boz of the appropriate exemption below. Ii any one of the exampFbns below applies to the trensferor(spseller{s), that
transteror(s)/salteKa) is not requiretl to pay estimated personal Income tvc to New Wrk 6fete antler Taz Law, secllon 863. Each nonresident
trensfarodse~ler who qualifies urber one of tie ezempNons below must sign in the space provided. It more space is naetletl, please
photocopy this Schedule D end submit es many schedules as necessary to accommodate ell nonresident t2nsterors/sellers.
If noon of these exemption stetemenla appy, you must complete Form IT-2863, Nonresident Real Property Estimeterl Income Tar Payment
Form, or Form 4T-2684, Nonmsfdent L'ooperafive Unit Estfmafed Income Tar Payment Form. For more tnformetWn, see Payment o/estimated
erspnal income taG on pa e 7 of Form TP384-I.
Exemption for nonresident transferors /sails s}
This is to cedify that at the Ume of the sale or transfer of the real property or caopereNve unk, the transferar(syseller(s) (grento~ of this rea!
property or coope2tive urrit was e nonresident of New York State. but Is not requlretl to pay estimated per&onal income !ax under Tau Law,
section 663 dus to one of the follpwing euemptions:
Q The real property or cooperative uNt be{ng sold or transferred goali~9s in total as the transferor'stsaller's principal residence
(within the meaning of latemat Revenue Coda, section 121) from
~~ ~nabucfrans).
ome
~~
Dale
The IransferoNseller Is amortgagor conveying the mortgaged property to a moggagee In foreclosure, at in lieu of foreclosure Whh
no eddRtanal oonsitleretion.
❑The transferor or transferee is en agency or auitwrky of the United States of America, an agency or authwiry at the state of
New Yotk, the Federal NaUon01 Mortgage Association, the Federal Home loan Matgege Corporetion, the Government Natbnal
Mortgage Association, or a prWate moRgage insurance company.
Sipnetum
Printfuli rercre
~a~e
61gnaWre
PMifull mme
Delp
SIB~+ture
GMtlull namc
DWe
&Ipnafure
PMf tail reme
~ele
Naw York Staff Department of
~RGVUMY USt VNIY
c~. swis coae
~
CL, Date Geed RacwCetl
~
C3. Book ~
f.vroporty
LxtdPn
Mn
/ qr
/
r.H
Once of Real PropeAy T~ Services
~
ftP- 5217-PDF
G C4. Page ~
~
~
Taxation and Finance
1
Real Property Transfer Repart (BH6)
i
Ea Herry Road
.e~µ~
'6iNAMWER
10952
•roccoa
MonYoe
28uyer
Name
C H R H F1ve Rea1Cy LLC
.wrw.uruwurc
...._..___
usrnuffcaerrm
3.Tu
~~~"g
pdtlrecs
INC
Intliwk wM1are hlurt Tat Bille ero ~o ba unl 8E & YO REALTY
u¢r ~,~vp~rn
If other Nan 6uy¢ratlErees(at bollom of lmrt~
9. Ndleeh lho- numbe~ai Aaeasemmt
Roil percale tr~nafercaE onIlu Eaetl
6. ~eetl
PrvPeAY
Size
6. Se11¢~
Name
y
A of Panels
~+
OR
Q(j
•ovTM
•fw~~
FwsT~+^~
MONROE
Crconimx~
269 MOUNTAINVIfiW DRZVE
nusreea~e[x uw ewee
m
arsre
~Parto/a Paecei
135.00
•w~
lOnly if Part olePareep C~¢eku May appty:
qp, p~~y~y BoerO wXh SubtlMaMO Aultwiity Fxk~s
O
46. Subdivision ADP~dl wap RagWrotl ka'hanafsr
p
~F Parcd Approved le~9ubtllNsionwil~M~P Provitletl
❑
Rye Hill Holdings LLC
.y~.wrx~u~ctMpmy
us xwucwnurc
Chxkthe Coxes babes as ~~ey apply:
B. Ownershl0 Typo b CondOminium
B. Ncw CMaVUCEO~ on a VeceM Lentl
']. 9elaclihe deecrlptlon which most eceurztaty Asaetlbas the
use of lha property et Iqe dme olaele:
C. Residential Vacent Lend
SALE I
10950
meme
10A. Property Lowl¢U wiNln en Agrlw8un~ 01Wkt
106. B~ryer recalveOatlleUtture ~roYce lrAiutlnp Nal lha propeM ~s ~n an
/griwlWrel tlislnct
/5. hack onewmab oHfiuo con0111omuapplluCkrolnnsfer.
A. Sale Baiwean Relnnae of iomwt AainiWrs
s. sam between rteiatetl compaMes or pannero in euehreas.
C. Oro a tie Buyers Is aho a Salkr
D, euym or SaYer~s Govemmenc Agency or teMdne ~nclpunm
E.OaM Type nMYJenaMy or8aipelnantl Sete ~6petlly Belov~
F. SaN of Fractional or Less Ilan Feo Inlataq lSpeGty Bebw)
O. Sipni~cani Chanpem PropeM BNwren TevaEl¢SYelue nntl Sale Deke
N. Sale of BuNnea is Induced In 6We Peke
I. pNaf Unu6Wl Faetore PIIapNg Sale Pries (SpedM Bebw)
J, None
COmmanryc~On COnEllbn:
RMATION
7.0/ 19/2Q15
H.sela Son~mrtt Darn
Q2 ~ I1~ 2 Q1$
• H. Deto o15ebRnneleq
Q
[]
3~OOp, 000 ,QQ
9S. Full Sal¢PNcu
(FUA Sale Ptieb Wtl~BWlai orcrounl WW br tie p~aputy NGudlnp paeepisl propeM~
Thiepaymmit may Ee in the lmmdush, alher property wpaaEs. ar NeauvnpllmIX
mMpdg¢bIX 0lhat o6119agM0.)Pbese muhgf0 fn@Oeered wii01e tla4uemOwet
0 ,00
14.trM1<t~e ties value of poreanai
property In<WEM In the epb
ASSESSMENT MFORMATION - Oata should relle[t the lelest Final Assessment Rall end Taz em
16. Yeerot Aeseecmant Roll from whkh lnformsllon ttkM~YY) 15
91. Total ASseuel Value
160,600
4l.Propart/Cbse
Ye. Sehooi Dlenlct Nema
MON&O&-WOQL1HgRY CSb
311
_
,_,~
20. Tas Map Itlentlfl~gepROI11COMilieqs) p(moro than four, ¢Wch sheet wtth atltliUpnei itlenWeheU
31-1-63
31-1-62
31-1-18.31
GEftTI
ATIpN
Ne making otany w10Po1
GMiry Ibel tli of N~ ikrvl~ of Infntmetion airteretl on Ihlr fnmi m We mJ cortect {lo the best of my knowbdpe anE ba11eQ gadI untlarsland tlut
hlae elelementof metetlal (eel Mrein auEfact ma to NegJRi9ll6 01 Ana oenel hw rofepva to Uia maklnB ~n~ fling of felea IneW monf[.
B,~FRCONTACT IaFRRMATION
5c
pgIGNATL~RE
wmw~r. ssiaev
Isxn Mrw..ianrm u. bwx. xae: n ew..0 tx4.oemb~ uamuen. cwpu.~ai. p~.ma
~n~bv~M1c~ k m xnarauat ryW amWmY~ uwn ~ mm~~ vwcanWa MwrraSwolm YwcrYlu~urae~ma~ob
Po~YWw[m mvwm9u0flMt/n0w4FlONe XavW m~nl WeMe~e6 TYPa wPMlNxt1Y.)
~.-~,~.... ~-"1 ~_~'"'^"~~~1
- L~./
J
CF1LEP fIWiAIYW
d'h
Abraham
Bierman
BUYER 61GNATURE
PR9iliWE
•wre
y-(895)
•ra¢ne
eu
a w.~
~~+anre
999-9994
nus~xa+e xuucen to vwvvxt
Gwen Lare, Unit 101A
•emEnwuE
Monsev
-~ypq~pµ
Z w cck
C'IB)
MFr~COCE
0 Y R'<~flRNEV
NY
xrnre
Ir ~,-e~
~«s.
513-2450
ffiIEVIKK1FtNNBEX1~NiMtC
10452
•avwoe
Exhibit 2
RESOLUTION OF APPROVAL
PRELIMINARY AND FINAL SUBDIVISION
PHASES 1 & 1I
LOCAL WETLANDS DISTURBANCE PERMIT
RYE HILL HOLDINGS, LLC
[Po~,4K FARMs]
Nature of Application
Rye Hill Holdings, LLC [Polak Farms] has applied for Subdivision approval
allowing it to create 49 new Parcels of Iand on a ±150.4 acre tract and for issuance of a Local Wetlands Disturbance Permit.
Property Involved
The property affected by this resolution is shown on the Tax Maps of the
Town of Monroe as parcels) 31-1-18.31 and 31-1-62 and 31-1-63 and is commonly referred to as the Polak Farms Subdivision.
Zoning District
The property affected by this resolution is located in the RR-1.0 zoning
district of the Town of Monroe.
Plans
The Subdivision Plat materials being considered consist of the following:
1. Completed application form and Environmental
Assessment Form.
2. Plans prepared for Rye Hill Holdings, LLC [Polak
Farms] as follows:
Phase 1
Author
Title
Last Revision Date
Pietrzak &Pfau Engineering & Surveying, PLLC
Cover SheeUUltimate
Development Plan
February 22, 2011
Survey Sheet
February 22, 2011
Site &Utility Plan
February 22, 2011
Grading Plan
February 22, 2011
Profile Sheet
February 22, 2011
Erosion Control Plan
February 22, 2011
Landscape Plan
February 22, 2011
Site Details
February 22, 2011
Sanitary Sewer &Water
Supply Details
February 22, 2011
Rye Hill —Berry Road
Intersection Improvements
February 22, 2011
Phase 11
Author
Title
Cover Sheet
Lasf Revision Dafe
September 3, 2013
Pietrzak &Pfau Engineering &Surveying, PLLC
Survey Sheet
September 3, 2013
Site &Utility Plan
September 3, 2013
Grading Plan
September 3, 2013
Pietaak &Pfau Engineering &Surveying, PLLC
Grading Pian
September 3, 2013
Profile Sheet
September 3, 2013
Profile Sheet
September 3, 2013
Roadway Phasing Plan
September 3, 2013
Erosion Control Plan
Roadway Construction
September 3, 2013
Erosion Control Plan Lot September 3, 2013
Construction
Landscaping Plan
September 3, 2013
Site Details
September 3, 2013
Sanitary Water &Sewer
Supply Details
September 3, 2013
Sanitary Sewer Details
September 3, 2013
History
Date of Application
The application was filed with the Planning Board on July 26, 2001. In
early 2002, as the Planning Board was reviewing this application, it was simulta-
3
neously in the process of reviewing five (later six) other separate land use applications involving a proposed total of 174 (later 180) single family lots in the general site area. The Planning Board was also aware that there were an additional
169 lots pending in the same general site area in the Village of Monroe. Finding
that these collective subdivisions involved common environmental impacts on
specific resources, the Planning Board determined that there was a need to review these potentially significant common impacts in a comprehensive manner.
The Board obtained the agreement of the several applicants for the Board to prepare aGeneric Environmental Impact Statement (GETS) to address the common
impacts of the projects in the specific areas of:
➢ Groundwater impacts and the ability of the proposed lots to obtain
sufficient well-water supplies
➢ Surtace water resources (including wetlands) and stormwater drainage
➢ Traffic and traffic safety
➢ Planning and zoning
The GETS also included the consideration of alternatives, specifically the
implementation of a new through road running east of and parallel to the Rye
Hill/Berry Road alignment. This road is provided for in the context of the proposed Polak subdivision layout.
Because the instant application was part of the overall GEIS, no action
could be taken on the underlying land use application until the Planning Board
completed its review and adopted Findings. The Rye Hill Road Area GETS Findings were adopted on April 20, 2004. The overall timeline for the GEIS process
and other pertinent information is set forth in greater detail in the Planning
Board's site-specific Negative Declaration for this action adopted on June 8,
2004 prior to action being taken on the instant resolution.
4
Public Hearing
A public hearing on this application was convened on October 14, 2003
and closed on the same date.
SEQRA
Tvpe of Action:
The site-specific aspects of this project constitutes an unlisted action under the State Environmental Quality Review Act.
Lead Agency;
The Town of Monroe Planning Board is the lead agency in regard to this
action. The Planning Board's status as lead agency was established in 2002.
Declaration of Significance:
A negative declaration was issued on June 8, 2004.
GML 239 Referral
This application has been referred to the Orange County Planning Department for review and report. The Planning Department has reported that this matter is one for local determination, there being no significant inter-municipal or
countywide considerations found to exist.
Findings
The Planning Board has determined that approval of this subdivision will
substantially serve the public convenience, safety and welfare in that the land to
be subdivided is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Further,
the arrangement, location and width of streets, their relation to the topography of
the land, water supply, sewage disposal, drainage, lot sizes and arrangement,
the possible future development of adjoining land as yet un-subdivided are all appropriate and consistent with the requirements of the master plan, the official
N9
map, the Town of Monroe Subdivision Regulations and applicable zoning regulations, subject to compliance in full with conditions hereinafter imposed
The Planning Board further determines that issuance of the proposed local
wetland buffer disturbance permit to this applicant will not impair the functions of
the wetland located on this project site within the meaning of Section 56-7 (E)(2)
of the Town of Monroe Code, will not result in any direct or indirect environmental
impact on wetlands and/or wetland buffers, will not impact wetlands functions,
and will adequately protect surface water and groundwater resources from
drought, pollution, and overuse.
Public Improvements
All permanent improvements shown on the plans have been identified as
necessary public improvements. Given the complexity and magnitude of this application, these improvements shall be completed according to the schedule set
forth in a Public Improvement Security Agreement [See §A65-25.3].
Resolution of Aparoval
NOW, THEREFORE, THE PLANNING BOARD RESOLVES to approve the
final subdivision application of Rye Hill Holdings, LLC [Polak Farms] phases I and
II as said proposal is depicted on the plans identified above and upon the conditions outlined below, and the Acting Chairperson (or her designee) is authorized
to sign the plat upon satisfaction of those conditions below noted to be conditions
precedent to such signing.
AND, THE PLANNING BOARD RESOLVES to approve the local wetlands
permit application of Rye Hill Holdings, LLC [Polak Farms] as said proposal is depicted on the plans identified above and upon the conditions outlined below, and
the Acting Chairperson (or her designee) is authorized to sign the plat upon satisfaction of those conditions below noted to be conditions precedent to such signing.
D
Specific Conditions
1. The plans shall not be signed until receipt of a letter from the
Planning Board Engineer certifying that the deficiencies in the
plans noted in prior memoranda have been remedied to his satisfaction.
2. This approval is subject to a final engineering review of the plan
set. The plans shall not be signed until receipt of a letter from
the Planning Board Engineer certifying that he has found the
plans submitted for signature to be in proper order.
3. This approval is conditioned upon the Town Board creating a
drainage district and upon acceptance of dedication of the retention/detention ponds and drainage structures proposed to be
offered for dedication to the Town. The applicant shall appear
before the town board and request delivery of a report to the
planning board expressing its willingness and comments on the
concept of creating such district. The plat will not be signed or
released for filing, however, until such district is created. In the
event the Town is unwilling to accept such facilities for dedication, an alternative mechanism, satisfactory to the Planning
Board, providing for future maintenance of those facilities shall
be proposed.
4. This approval relies upon a drainage study or other evaluations
by the Planning Board based upon the house/structure sizes
shown on the plat. No building permit for ahouse/structure
larger than as shown on the plat will be issued unless a new
drainage study, satisfactory to the planning board engineer, has
been submitted and approved.
7
New Roadway Specifications
5. The Town of Monroe Highway Superintendent has granted a
waiver from the requirement of satisfying certain limited roadway specifications. The applicant shall be required to comply
with the town's roadway standards in all other ways.
6. All lots in the subdivision shall be marked in the corners as required by Section A65-12(H)(6) of the Town of Monroe SubdiviSion Regulations.
Cluster Subdivision Approval
7. The planning board hereby modifies all applicable bulk table
provisions of Chapter 57 [Zoning] and replaces those provision
with the "Cluster Subdivision Bulk Table" shown on the plans.
Clearing Limits
8.
Clearing limit areas shall be clearly marked in the field (with
protective fencing) before commencement of any site work.
The areas so marked shall provide sufficient area to protect the
root systems of the trees.
9.
If these limits are violated, the developer or lot owner shall be
required to provide additional or replacement landscaping of
equivalent basal area.
Local Wetlands Permit
10. The Iocal wetlands permit is granted, subject to the following requirements and limitations:
➢ Compliance with all erosion control measures and other criteria
and conditions of the subdivision approval.
➢ Installation of Carsonite markers in accordance with the wetland
plans.
11. This approval is subject to and conditioned upon the applicant
E:3
delivering to the Town of Monroe all municipal easements
shown on the plans. Those instruments shall be satisfactory in
form and substance to the town engineer and town attorney.
Public Improvement Security Agreement
12. The Applicant shall execute a Public Improvement Security
Agreement in a form acceptable to the Town Board of the Town
of Monroe, said Agreement to be prepared by the Town Attorney at the Applicants expense. The agreement shall ensure
completion and maintenance of all public improvements identified above.
13. The Applicant shall furnish performance bonds and maintenance guaranties pursuant to the terms of the Public Improvement Security Agreement, the amounts of same to be determined in accordance with and upon consultation with the Town
of Monroe Engineer.
14. The Applicant shall complete all improvements required by the
terms of the Public Improvement Security Agreement and in
compliance with the development application proceedings and
all testimony and evidence submitted by and on behalf of the
Applicant. The applicant shall further comply with all requirements of the Town of Monroe Code and other requirements
that may be imposed by the Town of Monroe Engineer.
Implementation of SE RA Findings
15. All mitigation measures proposed within the GETS or announced within the SEQRA Findings Statements issued by this
board are hereby made conditions of this approval as if those
mitigation measures were set forth herein at length.
16. In order to ensure that all mitigation measures contained within
the Rye Hill Road GEIS Findings applicable to this project are
performed, the applicant shall within the Public Improvement
Security Agreement undertake full and satisfactory performance of all applicable mitigation measures contained in the
Findings.
Traffic
17. The LEIS Findings concluded that, in order for the cumulative
developments to be approved without creating significant harmful traffic level of service impacts, off-site improvements will be
needed. The developer of each project covered by the study
agreed to make a pro rata financial contribution to the needed
off-site improvements. The Findings specify that any final approval of each project would be conditioned upon implementation of each developer's agreement to contribute to off-site improvements. This developer has tendered its full pro rata contribution to the Town Board. That tender has not yet been accepted. Should that the tender have been accepted as of the
time the applicant applies for his first building permit, the applicant shall be entitled to that building permit and all remaining
building permits authorized to be issued by virtue of this approval. Should the tender not have been accepted as of the
time the applicant applies for its 215" building permit, the applicant shall be entitled to that building permit and all remaining
building permits authorized by virtue of this approval provided
that the applicant has not withdrawn that tender as of the date
The GEIS analysis demonstrated that certain off-site improvements would be needed at such
point as 150 dwelling units (out of a total of 351 in the study) were completed because "F" levels
of service would be reached at one crucial intersection at that juncture. This applicants pro rata
share of that traffic burden (and the limit of his allowable development absent a financial contribution to the off-site improvements) on a lot-count basis is 20.94 lots.
the applicant applies for each such building permit.
OKers of Dedication
18. Before signing of the final plat or plans, the applicant shall deliverappropriate offers) of dedication [open space areas and
potential water tower site], in duplicate, executed and acknowledged by the owner of the property affected, in form suitable for
filing in the Orange County Clerk's Office and the Town Clerk's
Office for all such lands as are shown on the plans to be so offered. The offer shall include a metes and bounds description of
said parcel(s). The documents shall be in form suitable for recording and shall be satisfactory to the Town Attorney.
Parkland Fees
19. The Planning Board has determined, based upon the present
and anticipated future need for park and recreational facilities in
the Town [as calculated from projected population growth to
which this subdivision will contribute], that parklands should be
created as a condition of approval of this subdivision. However,
because parks of size adequate to meet the Town's requirements cannot be properly located on the subdivision plat, the
Planning Board, pursuant to the Subdivision Regulations of the
Town of Monroe, and Section 277 (4) of the Town Law of the
State of New York, requires that the applicant deliver payment,
by cashier's check or certified check drawn to the order of the
Town of Monroe in such sum as required by the applicable provisions of the Town of Monroe Code of Ordinances, or such
sum as the Town Board shall determine for each new lot in this
subdivision in lieu of dedication of such required parklands to
the Town before the final plat is signed, unless payment shall
be deferred, in whole or part, by agreement between the applicant and the Town Board.
11
General Conditions
This approval is conditioned upon the applicant submitting all necessary
copies of the plans to be signed, including mylars when required, to the Town of
Monroe Building Department within one hundred eighty days of the date of this
approval.
This approval is further conditioned upon the applicant delivering (prior to
signing of the plat) proof, in writing, that all fees—engineering, planning, legal
and otherwise-in regard to this project have been fully paid.
Before signing of the Final Plat, the applicant shall deliver appropriate offer(s) of dedication, in duplicate, executed and acknowledged by the owner of the
property affected, in form suitable for filing in the Orange County Clerk's Office
and the Town Clerk's Office for all such lands as are shown on the plat to be so
offered. The offer shall include a metes and bounds description of said parcel(s).
A FAILURE to comply with any such condition in a timely manner shall resuit, without further action, in a lapsing of this approval.
Member Gary Abrignani offered the foregoing resolution and moved its
adoption. Member Patrice Francois seconded its adoption. The resolution was
duly put to a vote on roll call vote as follows:
Aye
Nay
X
Acting Chair Elisa Tutini
Member Gary Abrignani
X
Member Audra Schwartz
X
12
Abstain
Absent
Member Jerome O'Connell
X
Member Richard Troiano
Member Patrice Francois
X
X
X
Member Lisa McQuade
Dated: January 13, 2015
Elisa Tutini, ACTING CHAIRPERSON
TOWN OF MONROE PLANNING BOARD
13
STATE OF NEW YORK
)
)ss:
COUNTY OF ORANGE
I, Mary Ellen Beams, Clerk of the Town of Monroe, do hereby certify that
the within Resolution is a true and exact copy of a Resolution issued by the Town
of Monroe Planning Board, said resolution resulting from a vote having been
taken by the Planning Board at a meeting of said board held on January 13,
2015. This resolution was filed in the Office of the Town Clerk on
MARY ELLEN BEAMS, CLERK
TOWN OF MONROE
O:\MHD\LAND-USE\Resolutions\Polak Final Subdivision Resolution I and Il.tlocx
TMPB: Polak: 96.008
14
Exhibit 3
t...
i
NEGATIVE DECLARATION
Polak Farm— Major Subdivls(on
TOWN OF MONROE PLANNING BOARD, COUNTY qF ORANGE
The Town of Moruoe Plainting Doard, acting as SEAR Lead Agency for Coordinated
SBQR review of Ehe following Fh~listed action, ltei~eby issaes nokice that zt 71as adopted a
Negative Declaration pursuant to Article 8 of die Sia[e Enviroiunent~l Conservation
I.aw
fox' SEQR Review of ft1e action listed below:
Name of Project: Polak Farm Major Subdivision
Action Type: Unlisted Action
Location: Town of Monroe, County of Orange
Location: Berry Road, Rye Hill Road
zoning District: RR-1.0
Tax Map parcel; Section 39 Block 1 Lots 18.31, 19.21, and 29
Summary of Aatton;
The action involves preliminary subdivision plat approval PhaseIof a sectionalized 49lotsubdivision. I'liaseIof the subdivision involves 141ots and provides road access to
an adjoining parcel cuxA~ently known as "Alpine Estates', as part of a road network
shldied in the Rye Hill Roed Coazidor Generic environmental ImpactStatement,
The
total 4)-lot Polak Parm site cotltains 150 acres; PhaseIof the subdivision contauis
28.9
acres, 'Phe site is located in the RR-1.0 dish~ict in the Town of Monroe, and is
proposed
to be served w7th individual wells axed septic systems, Tkuis Negative Declaration
considers the effects of the enHz'e sixbdivision ut order to avoid segmentation of the
review,
bate of Adoption of Negative Deciaratfon: June 8, 200A
Agency Address: Town of Monroe planning Board
Town Hafl —11 Stage Road
Monroe, New York 10950
Tel.(845) 53A-9429
Contac# Person: Pat Malanaphy, Planning Board Secretary
Text of Negative Declaration as Adopted:
Based on the information available to the PIEuulutg Boaxd, the Planiung Board futds
and
determutes Heat there would be no significant harmful envu~onrnental effects resulting
from granting conditioned preliminary subdivision approval to tills 49-lot subdivis
ion of
150 noes of vacant land in the RR-1,0 disfz~ict in flee Town of Moiuoe, The plen
~x~oposes the conshucHon of a critical part of the road network to serve not only the
site
but ~Iso to provide safe road access to adjoiaung parcels as set fot~th v~ the Rye ~~ill
Ttoad
'
corridor GEIS. In addiiion, the plan incorporates certani off-site improvements set forth
iii the GEIS, vtcluding tltie ieconshuction of the Rye Hill/berry Road izttersecHon in
oz•der to improve the existing sight lines, uid the removal of an area of exposed rock face
along the side of Berzy Road end related realignmeztt of pavement. A etormwater
management basut is pz•oposed on the site in order to address stormwafer pollution
prevention needs oI PliaseIof the development; drainage plans of the rennaining Phase
have not been map~>ed but will be addressed ul a similar maruzer. Lot sizes in PhaseI
range from 42,783 squaz~e feet Eo 228,642 square feet ut szze, or just tinder an acre to five
and one-quarter acres.
This suUdivisioti was nlcorporaied wiHtui the Rye Hill Road Corridor Generic
Environmental Impact Statement u1d therefore the subjects of tt~affic, groundwater,
surface water, acid plamiuig azld zoning issues has been addzessed gexzerically under
thaE ruUric. 'i'he LEIS Lead Agency Pindfligs Statement was adopted oar April 2p, 2004,
This site-specific Negative beclaraHon addresses the consistency of this project wiEh the
Rye Hill Road Corridor GL~IS Fuldutgs,
Sttr ace and Groun~IzvnterResources; I'toodinu
Because water supply leas reportedly Ueen a proUlem in flee site area, the Plaruung Board
requested additional uifoimaHon to Ue pz~ovided as part of its a~outule regulatory
regixirements and also as part of the Rye Hill Road Corridor G&IS, The esHinafed water
budget fox flee site had been calculated at 25,48D gallons per day (gpd)of demand, with
average pz~ecipitation direct recharge for the site zeporked at 78,000 gallons (gpd), with
55,500 gpd of du~ect rechaige wtdei 30-year thought conditions. Because the site is
proposed to be served Uy wells and septic sgstems, which retuzn the majority of well
wateP C(YaWa1 fi•Orn T lot to t17e gl'oUnC~, Mlle coltsillllYtiUe Watel [~02Sland foP tll8
e1711Ye
subdivision was calculated as 3,825 gpd. This meazis that the net stnplus for flee enriG•e
site would be calculated as 74,175 gpd undez~ aveiage yrecipitaHon, turd 57.,675 gpd
under 30-year droughE condtHons. T'lms even Luidec worst case conditions the site s
gro~utdwater withdrawals would fall far Uelow its recharge.
The DGEIS noted that although water budget ~uialyses are useful zn estimating avaIlable
groundwater' resources, achialLy dz~llling end testing sixpply wells is the only defitutive
andicatoz• of groundwater availabllity from tha aquifer' souice and any potential impact
to groundwater supplies, Therefore, nl accordance with the town's z'egulallons, the
installltion and testing of wells on the Potak Farm slfe was completed, along with an oftsite we11monitoiingprogram. The test was completed for the ez~tue subdivision, and
wells were drilled on lots 6,10,19, axtd 21. The well locations were chosen by the towns
consulting hydrogeologist, whh testing being done at 1»s direction. The goal of the test
was to pump the wells on lots 6,10 and 19 at 5 gpm (tire recommended household
requirement), or if requix'ed, reduced to a mitumuin of 2 gpm, The well on lot 21 was
pumped at 27 gpm, or oxle-and-one-half times the average water demand on the entire
49-lot subdivision.
Page 2
•
Phe completed 24-hour tests indicated that the we11 on lot 6 yielded 5 gallons
per minute
(gpin) for the entire Eest ai d experienced a 250-foot drawdown. Wells on lots 10 and
19
intitially pumped at 5 gpm Unf soon declined, and were reduced to 4 grin for
the
remainder of the test, 1'he well onlot 10 experienced a 375 foot drawdown uid
the v✓eli
on lot 19, about 40G' feet. The well on lot 21 was pumped et 27 gpm for the entire
test
and experienced only 60 feet of drawdown. All tested wells thus meet Health
Department and town xequu~ements, reporting stabiflzed yields for at Ieast the
last 5
hours of the test. Twenty-four hour recovery measurements ut the tested wells
shows
that Hte water level recovered rapidly Find were fully recovered within 241iours
after
pumping ceased. Thus, the data indicated that there was no storage depletion
of hhe
bedrock aquifez~ h'om pumping the four rest weIls for 24hours altwo-and-a-half Nmes
the average water demands of the total project. Therefore the hydrogeologxst
concluded
that the Uedrock aquifer lead excellent potential to yield 5 gpm or more front
individual
wells drilled on the lots.
During the 24-hour pumping tests a well monitoring Program was cart•1ed out
on six
offsite wells, Wells that we~~e inoxvtored included wells on the adjoining Alpine and
Weiss subdivisions, and additional offsite wells. The hydrograph for the moiutore
d
wells showed no discerneUle drawdown interference homsiimiltaneous pumping
of the
onsite test yells on flte Polak Paz~m, despite pumping at well over the average
water
demand of the total project. Thus die data support the conclusion Heat groundwater
withdrawnIs from the site will not Ue expected to harm neighboring domestic
wells,
The subdivision n~usf also comply with Hie GELS requirement that fox• all lots
withvt the
sixbdivision on which test wells were not drilled, wells must be drilled prior to the
issuance of a building permit, as a condition of fu1a1 approval. This ~~equlrement would
be enforced Uy the builduig inspector, ai d ell such wells must meet legal requrrem
enes
for sufficiency. Therefore nny wells that pxoduce less flan 5 gpm will require additiona
l
in-house shoi•age as requu•ed by the Department of Health.
The subdivision plazas comply wltli the GEIS Futdings utd requirements incorpore
Nng
dry-wells on the site to facilitate rechu~ge of a•oot mid footing drain flows. This will
help
to protect the recharge capacity of the site, notwithstanding Eltat the G~IS nidicated
a
significant net sixrplus of recharge over consumption foz` the site.
The site does contain some locally and fedez~ally regulated wetland. These wetlands
have been identified curd the suUdivision plans show Ehat the subdivision wt11not
result
in v~y direct disturbance of wetlands. Detailed review of the potential
wetland impacts
of khe suUdivision that may result from any acHviiies within 100 feet of the wetland
will
be evaluated at the rime of detaIled plan submission for each phase fox•
purposes of local
wetland permit admu~ishaHon. Phase I, for which detalled plans ]lave been
suUmitted,
contains only a small pocket of wetland that is zlot being disiurUed ut az1y way,
This
small wetland will continue Eo be £ed Uy the olrtlet of khe stormwater gaallty
pond
which wIll ntauitain the weHand hydrology azld functioxt. Tlie site is not subject
to
flooding, and stoiAnwatei management EacfliHes proposed for the site will prevent
the
site development from utducing any off-site or on-site localized flooding,
consistent wiHi
the GETS findings and Hie towns "no net increase in runafY' policy,
Stormwater pollixHon prevention plans are incorporated iztto the project plan to
avoid
and conhol erosion and to stabilize the site, Retailed plv~s are oily provided for
pZiase T
Page 3
( 1
f. ~}
'
of the overall project. However, all phases of the subdivision will be requu~ed Eo meeE
appzopriate water quality and design standards prior to any grant of fnial land use
approval, and this approach is zoo less protective of the environment,
The site requires Health Depaz~tment approval for wells and septic systems, end Phase T
of the same is curz~ently undergoing such review. In addition, Uecause the site is located
at least partially withal hhe Mombaslia Lake watershed, which provides the Village of
Moruoe water sttpply, the plans will also require review by the Village water
deparhnent and ei~guteer. Based on tlxe salutary design and stormweter qualiiy mid
ea•osion control ine~suies that are or will Ue uuorporated it1 the final plans for the ovexafl
subdivision Eollowv1g agency review, no significant harmful water gixality impacts are
expected. The GLTS Pindings aecomsnended Shat all proposed septic systems and
drivewags should be ]ocated a axlinimum of 175 feet f7•om any sigiiiEicnnt suz~Eace water
bodies (Mombasha Leke and its lriUutliies), in order m inutiuuze potenH~l water quality
impacts. The Fuld3ngs noted that the Pluutixtg Board will coopecale with the ViIIage of
Moiu•oe u1regard to watershed proeection in regard to plate reviews and corth•olling
erosion and sedunentation.
Tvafic nerd Tra/ffc Sa,~i1
With respect to traffic flows, the Rye Hill Road Corridor GBIS studied the overall ri~affic
impacts of the collective subdivisions. Tile GBIS Findings determined that a range of
roadway network improvement projects were needed and the collective need £or such
unpxoveinents was aclulowledged Uy the project developers, along with a rnechuusm
fox effectuating such iinpx~overnents, Some of the safety-related improvements will Uy
conshucted as parC of specific projects that either ah•eady leave soiree land ixse approvals
or are ttaidexgonlg review, These include the removal of z~ock along Berry Road as part
of the Polak subdivision end Uie related realignmeztt of the road pavement, the
reconsh~ucHon/realigrunent of the Rye Hill/Berry Road intersection, which is to be
completed by the Polak and Alpine subdivisions and is incorporated on the Polak
preli.i~iinary plans, and dreu~ege improvements along a poz~Hon of Rye Eiill Road in the
vicnuty of the Shea suUdivision, which is to be completed by the Shea subdivision.
Other more comprehensive improvements include tine development of a new parallel
roadway to Rye Hill/Bevy Road traversing five pending project sites, and the
xeconsh'uction and signalization of the Reynolds Road/Orange Tuctlpike intecsecHon,
and i~econshuction of Ute Reynolds Road/Rye Hill Road uitersection. Asset forth ni the
Generic Findings Statement, some of these icnpx~ovements are to be carried oat as park of
individual subdivision p12ns ~vhiLe oflters, such as hhe Reynolds Road/Orange Tixrnpike
92nprovement woixld be the subject of cost sharing agreement and a Memoranduan of
Understandhig agreed between the town, village, and developers, Anq improveinexlts
gr~ited Uy the Planning BoaPd shall be conditioned on enhy I~tio such an MOU. Should
no such agreement be made, then Ehe number of building permits to Ue isstted within
such project would be limited fo 43 %of the total, that would. cause the Reynolds
Aoad/OA~axige Turnpike intersection to reach failure.
No other site-specific raffle and h'affic safety issues have been identified for this
subdivision beyond what was studiedut Hie GEIS.
Page ~1
(,
~
('j
Soil mtd LandDisti~rb~~tce (irrdndesAgf~icr~ltrcre
The site is not agricultural and has not been used for agriculture] purposes fox' many
decades, so theie tvonld be no distuz~baxlces Eo a~•icnitural lazed, No known cultural
resources would be affected by tIus action, Solls are deep oven bedrock tluougl~out
most of flte site Ind thus no need for blasting woixtd Ue anticipated, wiHt the possiUle
exception of the off-site rock removal proposed for a portion of Berry Road along flee
sites ft~ontage. At the time of this wF•iting iL is vuicipated that the removal would be
done with hydraulic equipment. Iii the event that busting is needed, the applicant
would xteed to comply with the towns Ulasting requu~ements set forest ui the Towvn
Code.
Only limited gradfng is needed on the site. The most grading that is needed on the site
rs in the area of the detention Uasv~ shown for PhaseI, which is not excessively deep
and whteli incorporates gradual benches an order• to avoid the need for fencing and to
create a more natural appearance OHZer limited areas of gradnig az~e needed along the
proposed site roadways and iniersecHoais.
Plar~niug mid Zon~iig
7'he subdivision plans meet all applicaUle zoning requu•ements, Thus these woald be no
sigiuficantltarmfulunpacts expected in this iegard.
Con2~iiurtitii Services
This 49-lot subdivisiozl would involve the creation of Iots with residents that will regaix~e
community services. Public waste disposal is through town collection Ind would
constitute a znargutal inc~•ease in Ehe townwide collection demand. As a condition of
any final land use approval, the site will be makittg payments in lieu of parkland
dedication for the consh~ucHon of active paakland facIlities sufficient Yo meet the needs
of the addiHona1491ots, suue the site has not Ueen deternvned to be an appropriate
location foz~ the development of such facilities vld existing active recreational facilities ui
the town are inadequate. Thixs, nny recteaHonal iznpacts by the sike wottld be instigated
fully, Tlie additional lots would not be expected to pose a significant demand fox' other
coinmuzuty services, indudiug puUlic safety (for which the town uzcurs x10 direct
expenses) end emergency services, nor would it be expected to be a significant consumer
of enezgy resources, Public safety will Ue marpinelly enha~ued Uy the completion of a
through road network ui flte site area, and parHcalarly by completion of the sight
distaxice impxrovemeaits on Rye Hill and Berry Roads. With respect to schools, it is not
clear what the anHeipated school taxes for the new lots would Ue as z10 price pzojecHons
have been made for the proposed houses, and therefot~e no formal projections regarduig
tote2 potezlHal costs and Uenefits to the school and other taxittg dish~icts Iias been made.
However, study completed for a z•ecent comparaUle 44-lot project known as Orchard T-Tili
Pat~ms Section TT determined that any average single family detached market value uY
excess of $h10,200 wlll provide a net positive fiscal impact to the School District, This is
considered likely for tivs az~ea. Portlier, it is noted that the sectionalization of the
Page 5
project limits the numUer of scliooi childz~en that would Ue expected to enter the school
system in any orte school year, and only 141oFs are incorporated uz Phase I. Ties is noY
in batuice considered to be a significant harmful impacE. The Rye Hill Coiridor PGBIS
noted that New York State does not allow the towns to impose impact fees,
Other
Teinpozazy localized noise impacts will be experienced during the consh~ucHon of the
site, both for the consh~ucHon of the infresh•uclure (cold network, stortnwater
management system) as well as the htdividual homes themselves. However, these
impacts are shoat Eerm and temporary and therefore not considered to be sigxuficantly
harmful. Tt is noted tha4 the impacts associated with the proffered off-site
improvements -namely, the sight distance improvements to the Rye T-TiII/Berry Road
intersection, end to a lesser extent the rock removal on Berry Road Tnd related pavement
reali~,nunezZt- will i~ivolve additional off-site h~affic disruptions and possibly short term
temporliy road closuze. Where possible sach work will be schedule to miiumize
drsruplion, but it must be toted that the overall long-term health, safety utd welfare
benefits of cot~q~letiug eudt work far outweigki the collective hiconveiuence of its
consh•uclion.
No other impacts are identified.
Page 6
g
Exhibit 4
From: Gardiner Barone
Sent: Friday, April 15, 2016 4:10 PM
To: [email protected]
'
Subject: RE: Shea Meadows -Town of Monroe
Dennis
Earlier this morning I left another message for you —regarding the Town of Monroe matters f've
been working on with you over the past few months, and I didn't hear back. from you, so i am
sending you the within.
am still waifing to heard back from you on your approval /acceptance on the revised PI5A
which I sent you on April 6`h, but still haven't received any comments from you.
also haven't received any word from you regarding what other conditions of the Final Approval
for Shea Meadows remain open.
My clients believe the failure of the town to have its staff and/or consultants respond to the my
requests in a motion timely manner is evidence of a de facto moratorium.
Also — I should have included in my email below that G H A B Five Realty is the present owner
of the Polack Farms Phases f & Ii. TI7ey also want to authorization /permits from the Town to
commence construction on the site improvements and file the subdivision plat (map. I've
attached a copy of the resolution of final approval and deed conveying title to my client. Please
let me know when I can expect to hear from you relative to what conditions of the approval
remain open.
As I am sure you understand, my clients are anxious to have the Shea Meadows and Polak
Farms maps filed and work commenced /continued before the board formally adopts the
moratorium.
c, s garowe
Office & WO Address:
10 Matthews Street,
845-291-0011
Fax 291-0021
doneamid-hudscplaw.com
Sent: Wednesday, April 13, 2016 5:12 PM
To: d~nchCa~flmpllc.com
Dennis
Please fef me know when I cen expect to hear from you on the sfatus of finalizing wha[
needs to be put into place to get authorization lpermits from the Town to commence
construction on the site improvements.
As you can expect, my client is concerned that this project may be covered by the
contemplated moratorium.
In addition, this office has been retained by C H A B Five Realty to either get
authorization /permits from the Town to commence construction on the site
improvements or final approval to file the subdivision plat /map. I'EI send you over a
copy of the resolution for conditional approval of that project, so we can review any
open conditions.
c,s eavowe
Office & PO Address:
10 Matthews Street,
845-291-0011
Fax 29].-0021
~on_c~ami¢_hudsonlaw.com
Sent: Wednesday, April 06, 2016 6:30 PM
To: dlynch a~flmplic,com
Cc: 'Mark Siemens'
Dennis —attached is a redline pdf that compares the last two versions of the PISA. I've also
attached the signed resolution of approval, and a copy of a letter jay Myrow wrote in 2014,
which outlines how the various conditions were addressed. Hopefully I nailed down all of your
requested revisions. Please let me know if there is anything else needed before my client can
commence with construction of the Improvements.
s ~arawe
10 Matthews Street,
Goshen, New Yorl< 10924
845-291-0011
Fax 291-0021
¢baroue(c~mid-hudsonlaw.cons
Sent: Wednesday, March 30, 2016 7:56 AM
To: dl nch aflmQllc,com
Subject: FW: Shea Meadows -Town of Monroe
Dennis
Because I haven't heard from you any further - ! am resending the revised PISA that I sent
Monday morning, which contains the revisions that you asked for. With all the talk about the
Tov✓n going into a moratorium, my client I concerned that its project is unfairly being held-up.
Please let me know when we can put the PISA in place, so my client can commence
construction work.
If you need anything else from me, please let me know.
c, s garowe
Offiw & PO Address:
10 Matthews Street,
Goshen, New Yorl< 10924
845-Z91-007.1
Fax 291-0021
~aroneamid_hudsonlaw_ can}
Sent: Monday, March 28, 2016 9:44 AM
To: ~nchCalflm Ilp C.COm
Cc: 'Mark 5iemers'
Subject: Shea Meadows -Town of Monroe
Dennis
Per our discussion this morning — I made the revisions we discussed and highlighted
them in RED in the attached. Hopefully I got them all. Please let me know if there is
anything else.
c, s gavowe
10 Matthews Street,
845-291-0011
Fax 291-0021
gh_arone~mid-huds~nlati~.com
www.mid-hudsonlaw.com
This message is from the office of Blustein, Shapiro, Rich &Barone, LLP, and is intended only
for the addressee. The information contained in this message is confidential, may be attorneyclientprivileged, may constitute inside or non-public information under federal or state securities
laws and is intended only for the use of the addressee. Unauthorized farwarding, printing,
copying, distributing, ar using such information. is strictly prohibited and may be unlawful. If
you are not the addressee, please promptly delete this message and notify the sender of the
delivery error by return e-mail or you may ca11 our office at (845) 692-0011. Thank you.
Because e-mail can be altered electronically, the integrity of this communication cannot be guaranteed.

Verified Petition CHAB Five Realty Hardship

Transcription

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