2007-254CG.
2007-254
Introductory Resolution Rescission of Local Law Authorizing Conservation Subdivision
for Lands Owned by Cranberry Hills, LLC
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on December
10", 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
OIUM
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Paoloni.
WHEREAS, by Local Law # 14 of the Year 2002 and pursuant to Town Code
§ 240-19.B., the Town Board authorized a Conservation (Cluster) Subdivision for lands owned
by Cranberry Hills, LLC (hereinafter "Cranberry") for a 322.67 acre parcel of land located on
Widmer Road in the Town of Wappinger (hereinafter "Property"); and
WHEREAS, the Property previously consisted of a 550 lot subdivision; and
WHEREAS, the Local Law authorized a Conservation (Cluster) Subdivision that would
consist of 232 building lots ranging in size from .24 acres through 8.35 acres in area; and
WHEREAS, by Resolution of the Planning Board dated December 12th, 2006, the
Planning Board granted Final Conditional Subdivision Approval for the 232 lot Conservation
Subdivision for the Property; and
WHEREAS, the Resolution of Final Conditional Subdivision Approval was adopted by
the Planning Board on December 12th, 2006; and
WHEREAS, the Town Board has determined that the Conservation (Cluster)
Subdivision as permitted by Local Law # 14 of the year 2002 is no longer consistent with the
long range land use plans of the Town; and
WHEREAS, if the owner does not fulfill the conditions of the Final Conditional
Subdivision Approval dated December 12th, 2006, prior to its expiration, the Town Board is no
longer desirous of permitting a Conservation (Cluster) Subdivision for this Property.
NOW, THEREFORE, be it resolved as follows:
1. The Town Board hereby incorporates the above recitations as if fully set forth at
length herein.
2. The Town Board hereby introduces for consideration of adoption, proposed Local
Law # of the Year 2007, rescinding Local Law # 14 of the Year 2002, which authorized the
�kr Planning Board to permit the 232 lot Conservation Subdivision for lands owned by Cranberry
Hills, LLC.
3. The Town Board has reviewed the intended action and hereby determines that the
enactment of the aforementioned Local Law is an Unlisted Action pursuant to the provisions of
the New York State Environmental Quality Review Act (SEQRA) and pursuant to Chapter 117
of the Code of the Town of Wappinger, and hereby reserves its right to make a determination of
significance until after the conclusion of the Public Hearing as hereinafter provided.
4. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law # of 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New
York, on the—P6 'day of December, 2007, at 7:30 P.M., and that the Town Clerk is hereby
directed to post and publish the Notice of the Public Hearing in the Southern Dutchess News and
the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing, in the form
annexed hereto.
5. The Town Board further directs the Town Clerk to act as follows with respect to
the proposed Local Law:
a. to serve a copy of this Resolution, the annexed proposed Local Law and the
Notice of Public Hearing to the municipal clerk of each abutting municipality not
less than ten days prior to said Public Hearing;
b. to serve a copy of this Resolution, the annexed proposed Local Law and the
Notice of Public Hearing to the Dutchess County Planning Department for
advisory review in accordance with Section 239 of the General Municipal Law;
and
C. distribute a copy of this Resolution, the annexed proposed Local Law and the
Notice of Public Hearing to the Town of Wappinger Planning Board for its
recommendation prior to said Public Hearing.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
12/10/2007
The Resolution is hereby duly declared adopted.
(�i C -/A,
HN C. MkSTERSON, TOWN CLERK