2008-1932008-193
Resolution Rescinding Prior Acceptance of Parcel for Town Highway Purposes and
Authorizing Reconveyance of the Parcel to Property Owners
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 June 9th,
2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
Vincent F. Bettina
Maureen McCarthy (arrived at 7:52 PM)
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, the apartment complex known as Village Crest Apartments located on
Maloney Road in the Town of Wappinger was recently sold to HP Coolidge Maloney Road,
LLC; and
WHEREAS, in consequence of that sale, a title search disclosed that Arlene Drive, a
road within the apartment complex, had been conveyed to the Town of Wappinger by deed dated
April 9, 1964, and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on
May 8, 1964; and
WHEREAS, pursuant to a search of the Town's records conducted by Highway
Superintendent, Graham Foster, Attorney to the Town, Albert P. Roberts, and Deputy Assessor,
Loretta Brunello, it was determined that Arlene Drive was constructed as part of an apartment
complex originally known as Summit Gardens (now known as Village Crest Apartments); and
WHEREAS, in consequence of the development of the apartment complex, the road,
known as Arlene Drive, was constructed in order to provide access and parking to the apartments
in accordance with a site plan approved by the Town of Wappinger Planning Board; and
WHEREAS, on April 9, 1964, the Town Board of the Town of Wappinger adopted a
resolution authorizing the acceptance of Arlene Drive as a Town road; and
WHEREAS, a review of the Town Assessor's records reveals that, as far back as 1971,
Arlene Drive was assessed to the record owner of the apartment complex; and
WHEREAS, a review of the records maintained by the Dutchess County Department of
Real Property Tax Services reveals that a hand written notation was placed on those records
indicating that the Town of Wappinger had disclaimed ownership of the road, although it is
unknown who placed the notation on the records; and
WHEREAS, it is not the practice of the Town to accept parcels as public roads when
developed in connection with a site plan for multi -family construction; and
WHEREAS, Arlene Drive has been assigned a real property tax grid number - 19-6259-
02-583857; and
WHEREAS, it appears that real property taxes have been levied a
and that all such taxes have been paid by the various owners of the subject
further confirming that the Town did not claim ownership to the against Arlene Drive
owned by thea apartment complex,
apartment complex; and Property and that the road was
WHEREAS, by deed dated April 13, 1984, made by Chase Manhattan
Inc.
Office at Liber 1633 page 139, several grantee, recorded in the DutchesBs Coan d Vilcrest
Corporation, as grantors, to A.R. Fuels
legal description, including the tax Parcels were conveyed by usingtax County Clerk's
grid number for Arlene Drive - 19-6259-02-583857, despite
ers as the
the fact that there is no record that the Town of Wappinger ever fo
of the parcel or ever re tax
WHEREAS, from April 13, 1984, until the sale
the parcel back to the orirmerl
Original Y renounced ownership
o Hp
apartment complex owners; and
CoolA.R. Fuel, Inc. has paid all the real property taxes leviedtagainst theidge Maloney Road, LLC,
parcel known as Arlene
Drive; and
WHEREAS, Graham Foster, Town of Wappinger Hi
confirmed that Arlene Drive has never been used, maintained or repaired b
Wappinger since 1990, and, to the best of Highway Superintendent, has
maintained by the Town as a public road; hand °wled e Y the Town of
g ,prior to 1990, it was never used or
WHEREAS, both Albert P. Roberts, Attorney to the Town, and Graham Foster,
Wappinger Highway Superintendent, have confirmed that it is not the practice Town of
acquire parcels for public highway purposes when such parcels are used solei forlin Town to
egress to a private apartment complex; and Y ingress and
WHEREAS, Mr. Roberts has submitted a written opinion that the initial acceptance
Arlene Drive as a Town road was a mistake; andof
WHEREAS, Graham Foster has also confirmed that the acceptance of Arlene Drive as a
Town road was a mistake, that the road is currently in a state of disrepair, is in need of
resurfacing, and has not and never has complied with the Town of Wappinger Highway
Specifications; and
WHEREAS, Graham Foster has also confirmed that it is not the practice of the Town of
Wappinger to accept roads within a private apartment complex; and
WHEREAS, the Town Board has determined that the proposed action is an Unlisted
Action, pursuant to Article 8 of the Environmental Conservation Law and pursuant to Local Law
No. 6 of 1995 (the Town's Environmental Quality Review Law); and
WHEREAS, the Town Board has determined that the proposed resolution is an action
for which there are no other Involved Agencies and that the Town is the only Involved Agency,
and is therefore the Lead Agency for this action; and
WHEREAS, the Town Board has determined that there are no adverse environmental
impacts associated with the adoption of this Resolution and hereby issues a Negative Declaration
of Significance, and the Town Clerk is directed to file the Negative Declaration as provided by
law.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines and confirms that the Town's authorization
to accept Arlene Drive as a Town road pursuant to Resolution adopted April 9, 1964 was
inappropriate and a mistake and that the subsequent transfer of Arlene Drive to the Town of
Wappinger by deed dated April 9, 1964, and recorded in the Dutchess County Clerk's Office at
Liber 1127 Page 287 on May 8, 1964, was also a mistake inasmuch as the road was only used for
parking, ingress and egress for the apartment complex.
3. The Town Board further acknowledges the opinion of Albert P. Roberts, Attorney
to the Town, that it is not the practice of the Town of Wappinger to accept roads wholly
contained within an apartment complex for public hi y
Highway Superintendent Graham Foster's opinion that1Ar Arlene Drive does of now, also nor never acknowledges
has, conformed to the Town of Wappinger Hi or never
4. The Town Board further acknowledges that both the actions of t
he Town of
Wappinger and of the various owners of the apartment complex confirmed that neither the T
nor the owners of the apartment complex, ever deemed Arlene Drive a public highway, and own'
accordingly, hereby formally rescinds the Resolution of Acceptance dated Apri19, 1964.
5 The Town Board hereby authorizes the Town Supervisor, Christopher J. Colse
to execute a Quit Claim Deed from the Town of Wappinger as
Road, LLC together with such other documents and instruments ry
HP effecCooltuatdgee
Maloney
of title from the Town of Wappinger to HP Coolidge Maloney Road, LLC.
ectuate a transfer
6. Albert P. Roberts, Attorney to the Town, is further directed to draft a Quit Claim
Deed from the Town of Wappinger to HP Coolidge Maloney Road, LLC, and such other
documents as may be necessary to effectuate a transfer of Arlene Drive, tax grid number 19-
6259-02-583857 to HP Coolidge Maloney Road, LLC.
7. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the
Environmental Conservation Law, and pursuant to Local Law 6 of 1992, and hereby determines
that there are no adverse environmental impacts associated with the adoption of this Resolution
and hereby issues a Negative Declaration of Significance for his project.
8. The Town Clerk is hereby directed to file the Negative Declaration of
Significance as provided by law.
9• The Town Clerk is further directed to send a certified copy of this Resolution to
Charles Traver, Acting Director of the Dutchess County Department of Public Works.
10. The Town Clerk is directed to publish the Notice of Adoption of this Resolution
Subject to Permissive Referendum in the form annexed hereto in the Town's official newspapers,
the Southern Dutchess News and Poughkeepsie Journal and to post a copy thereof on the sign
board maintained by the Town Clerk.
11. This Resolution is adopted subject to a Permissive Referendum.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/9/2008
The Resolution is hereby duly declared adopted.
JOHN C. MASTERSON, TOWN CLERK