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2017-07-10Monday, July 10, 2017 I. Call to Order Town of Wappinger Regular Meeting Minutes 7:30 PM 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Town Hall Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM David Stollman Consultant Planner Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge Minutes of June 14, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Acknowledge Minutes of June 26, 2017 Town of Wappinger Page 1 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz V. Correspondence Log RESOLUTION: 2017-131 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-131 Correspondence L - 20,17-07-12 Ninber To From Date Date Rec' Rea A eilda Date 87-12-881 Towii Board Towii Com roller 812312817 812312817 Warrut: 2817 -AA 7/1212817 87-1.2-882 Joseph P. Paoloiii Barbara Roberti 60017 60017 Performai7ce & Mahiteiiaiice Bods, Jule :2817 7/1212817 87-1.2-883 Towii Board Tom Morris 811312817 60017 Legal Notice, Vdla e of Wapphigers Falls 7/1212817 87-1.2-881 Robert Valdati Vdoria Lawrene 8/23/2817 8/28/2817 GEC, TLA Realty Old Hopewell Common 7/12f2817 87-1.2-888 Towii Board Vhiceiit 6etthia 812112817 812812817 :281 A reemeil / Road Pa4hg 7/1212817 87-12-888 To�vii Board Robed J. Gray 812112817 812712817 The Rdes S66koii 711212817 87-12-887 Towii Board JBarbara Roberti 8 K017 813812817 MemoradLim / Propeqy PropertyMahiteiiane Re ort 7/1212817 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-131 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Mover Q ❑ ❑ ...... ❑ ....... ❑ Defeated :William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton ..................... Voter Q .......Q...... ❑ ❑ ❑ ,.......❑..... Michael Kuzmicz Voter.... ❑...... ❑....... Dated: Wappingers Falls, New York July 10, 2017 The Resolution is hereby duly declared Adopted. 2. Motion To: Objection to June 24th Correspondence on 284 Agreement/Road Paving Letter Supervisor Jiava objected to the June 24 correspondence regarding 284 Agreement/Road Paving. She addressed the last paragraph of the correspondence, Town of Wappinger Page 2 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 This is a good time to remind the Board that my work force has been reduced by two laborers, as 1 no longer have the services of Troy Swain nor Matt Meybohm. Given this imposed manpower shortage, in accordance with Highway Law, we are limited to dust completing our statutory obligations. The citizens of the Town of Wappinger deserve fair better service response from you. as being in error as both positions 'were' replaced. She made a motion to have these minutes to include the stated discrepancy. The subsequent issue became about the deadline by which documents can be stamped and added to the dais versus just adding to the dais as is done frequently. It was the feeling that stamping it made the document part of the current correspondence log versus the Clerk's practice of putting it in the next meeting's correspondence log. The Clerk will not add any correspondence to the dais that has come in after the agenda deadline. RESULT: ADOPTED [UNANIMOUS] MOVER: Lori A. Jiava, Supervisor SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Town Board Rules Councilman Beale questioned the deadline for agenda submittal and whether or not the Town Board Rules were ever approved. Town Clerk Paoloni insisted that the rules were adopted at the 2017 re -organization meeting on January 9th. Attached is the heading of the resolution and the link to the approved town board rules. 2017-2 Resolution w do mtin the Bacot s Opt° Time Town Board : ,s Regula Meeting of mlao Tbivii Board of the'Town of Wappinger, Dutcb.rss County,, New Yotk,held sm Tovtia li ll,„ 20 Middlebush Road, Wsppingeis Falls, New York, ommJanuary „ ,nIT Diernecting,was called to orderby Lori A, Jiavi, Town Sup smsot, and upon rollbeing called, the follosry imm, %vas recorded: Tlme follovving Resolution ivas introduced ced by Councilman Cici~are i wurd seconded by oun ibn ari Beak aka Town of Wappinger Page 3 Printed 7/19/2017 0 AV,„�(aewskas k�r,��or&d qm� a'4 J�NI,%l4`I@' '�w�ouv 01 Y r�3I L11 Do Mlaaigµ,t�'.1 pA,a> =n mm. Beale Socolvdi I 01 C3 rabted, IVUJAUM Ck',C&rAUA NIC if 01 [3 0 MI In "SYN ammdm"N°a' Ywa 10 �'"~„Wre',am' qr �aya,tot,, G�W$7u�r000x„gz=,= vrata>s 0 M.__ i rm Tlme follovving Resolution ivas introduced ced by Councilman Cici~are i wurd seconded by oun ibn ari Beak aka Town of Wappinger Page 3 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 Section '), I Mecting Agetida 1, J'fie Agenda shall be prepared joititly by Oic and the'Tow'11 Clerk, 2, Fhe order of du e Algerid'a Atall be by Ille'rowa Clerk, Agenda, for to Regiflar "I I mvit Board.Nfecting, sih,,fllbe do,,�ed m 1:0O PM, five 3, t, (5) bo,' �,hiys pfior to the dme of'sitch Rcordar'Nlleefira 4. 1"'he Agetida for,tfSpecial I'mi Boaid Nfectingshall bclosedai I ;OO PN -1, two (") hitt imtwm days prior to the date Otsuch Special Nleeling, 5, Except iri fficase of m) emeraellcV, 11CHIS 111"'Iy be added lo the Agaida of arry Reg slaatt orSped,,fl To%t Board Meoittc,. im,ovided dvrl strich iterrisare lrt�ted &i 'Item"S for speci"fl StIch rtein,� retjriire thea mranrisioii,,i appiov,,11. Conrinouiv leferre'd to 'm "itimitimous colimm ". tc) be added to theam' oeirda Stich it rrrs (10 )ell ft)r ieare to be onsie cdre I andpossiblieactiou, Ifthe item Y farls to be added by timaminiom adoreat, it is w be placed on the nem regularl scheduled Nlam efirig, 6 No items shall be placed mi the A ' gyard;,.i oj con,,,idered by the Tawn Bo,,,ud, other th,aij Itein�, ,'foi Special Cotisideratim-, unless docamematim jehifima to the A'Lmid,i ort aura has beim didivered to the rm� ,,n Clerk prior tum ffie dawlrrg Of Ille Agenda, 7, Nomidrstandin, I'lle fore,going, Chlitils Seivied oir oi ilenq)foyeies ittay, be added to the Agenda of any Regrilar lkleeiiiq, at any time op tod'ie C0111111CUCCII'lem Ofthe "Cheduled Nlcc6jig. The Tomro, (Aerk shall notify the Town, Board of the receipt of stich claitm s. which shall 1,ie refened to ilie "Worney to The rowill fol appropriate acfioll� 8 hi Hie evem th'oll tin riem liars beeiipilaced on the Agesida fi:)t NO'lich Im docturicivatimi h,,,is been inadle av,,,Wab1c by the 61rie ptescfibe,& the Seine ej-visor and,rown cierk shall, logether, amomatically ieriia,)ve the rlieiiI froli,ri thqgetida, S), Once an item has been pin,')plerly added lo, the A(genda, itspporting docuareirtati(m inav be added up to dr e time ofthe Nleicifiig, 10. Dis)cmssioii iteimare exeiapi from but no ;,mion avay be, taketi orl discus'�ioll ilem"S thal 'are lac ami, docstmellilliopmt rVitholjt the a ffill r1a live Vole Of four (4) Nkntbev, o0he Board, 11, No lattr thaii four (4) bias'iitiesays, prior to as sichedoled Rcgtflar Town Board .Meeting,, the Town Clerk shall. by inail, email, fax, oi perwml delivery. provide copies of flie 'kgerjda' together with iMac umeroation for alkAmitted Agemks irerri�. tothe T(;�aw;n Board Nleamine er� in accordmice Nvith Section (2). Paralgl'al,)h (2'),- ,ec'trojt~ (d),rlrd (e) of these Toi%,'n Board Roles. l I No lam that nvo t12) businesala~ r, jitim po as schedided SpecialTomi Board ,kicefing. the Tori Clerk, l'mtl. (,)y euviff, fax, oj personal delivery, pjxsvide copies ofthe ,Azeirda. roeether "11th dominentatic'M for all 'mbarilled Agenda itesn. to GIertlbers� III accord'ance tvith. Section (2), Paragraph (2): sections the'Towil Roard (d) arid (e) of ifiese Towri Board Rules, WE I KKW.. irl Oil $=QAVAR 1 i I IMMIX In 11 sammmas WAIRIVIASWO oaf 1=9011 .. ....... ..... I 1ROWISIM Town of Wappinger Page 4 Printed 711912017 Regular Meeting Minutes July 10, 2017 VI. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Discussions 1. Highway Legal Expenses Councilman Fenton informed that Highway Legal expenses are at $14,674.27 YTD yet the budget is at $8,000. Supervisor Jiava recommended an email to be sent to Comptroller Awino asking for an update at the next meeting. Councilman Beale asked for a budget review at next meeting. He added that legal expenses should be charged out of the A -Fund not the highway fund. Supervisor Jiava promised to inform Fredrick of his needed services at the next meeting. VIII. Resolutions RESOLUTION: 2017-113 Resolution Authorizing The Execution Of Lease Agreement With NYCOMCO For Radio Equipment For The Highway Department WHEREAS, the Town of Wappinger Highway Department requires radio equipment to facilitate efficient communication between Highway Department personnel and various Town administrative agencies to promptly address issues relating to the maintenance and safety of Town roadways and the traveling public, and local emergencies as they may arise; and WHEREAS, the Town of Wappinger Superintendent of Highways, Vincent Bettina, has recommended the renewal of a Lease Agreement with the New York Communications Co., Inc. (NYCOMCO) including service of said equipment at a lease rate of $1,924.00 per month for a 72 month lease term in accordance with a lease proposal prepared for the Town of Wappinger Highway Department, a copy of which is annexed hereto; and WHEREAS, the Highway Superintendent has noted that the Town of Wappinger Highway Department has had a positive experience with NYCOMCO, both for equipment and service, and has recommended entering into this Lease Agreement; and WHEREAS, this proposal complies with the Town's Procurement Policy. Town of Wappinger Page 5 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 NOW, THEREFORE, BE IT RESOLVED, 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 that there is need for the lease of equipment for a wireless radio communication system as set forth in the attached proposal, at a lease rate of $1,924.00 per month for a 72 month lease term. 3. The Town Highway Superintendent determines that the lease terms and conditions set forth in the Lease Agreement are acceptable and consistent with the needs of the Town of Wappinger Highway Department and otherwise complies with the Procurement Policy of the Town of Wappinger; and the Town Board concurs with that determination. 4. The Town Board hereby accepts the terms and conditions as set forth in the Lease Agreement and hereby authorizes the Supervisor to execute the Lease Agreement in substantially the same form as annexed hereto. The Town Board directs that the amounts identified in the Lease Agreement approved herein shall be appropriated through budget lines DB 5110.401 and B2410.400 in the respective amounts of $1,860 and $64, respectively.. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-113 Yes/Aye No/Nay Abstain Absent ❑ Adopted Q Adopted as Amended Lori A. Jiava Voter . .Voter... Q ❑ .. ........ ❑ ❑ ....... ❑ Defeated William Fl. Beae l ................. ..... Q ....❑.... .... ❑ ... ❑ Tabled William Ciccarelli .......................... Voter Q ❑ .......,........ ❑ ❑ .... ❑ Withdrawn John J. Fenton ..................... Seconder.........Q........,........❑ .. .......Q...... ❑...... ....... ❑ ,.......❑..... Michael Kuzmicz Mover ❑...... ❑ Dated: Wappingers Falls, New York July 10, 2017 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2017-123 Resolution Adopting Proposed Amendment To Town Comprehensive Plan In Connection With Degarmo Plaza WHEREAS, the Town Board is considering an amendment to the Town Comprehensive Plan for the purpose of adding a small amount of property to the Commercial designation as a result of what was perhaps an inadvertent omission; and WHEREAS, the subject property is part of the DeGarmo Plaza shopping center and is known as tax parcel 6258-02-781586 (the "Subject Property"), which is located immediately to the north and east of the lot comprising the majority of the shopping center (tax parcel 6258-02-759569) on Myers Corners Road; and WHEREAS, a Public Hearing on the proposed amendment to the Comprehensive Plan was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and Town of Wappinger Page 6 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 WHEREAS, a Public Hearing was held on June 12, 2017 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed amendment or any part thereof; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the rezoning of the two above mentioned tax parcels and an amendment to the Town Comprehensive Plan regarding the Subject Property; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Town Board referred the proposed amendment to the Town Planning Board for its advisory opinion; and WHEREAS, although the Town Planning Board recommended that the subject properties be rezoned from the Neighborhood Business District to the Shopping Center District, the Planning Board did not specifically respond to the Town Board's referral of the proposed amendment to the Comprehensive Plan; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed amendment to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD stated that this is a "Matter of Local Concern;" and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said amendment has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts the attached Negative Declaration for the reasons stated therein, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, and consequently finding that a Draft Environmental Impact Statement will not be required and that the SEQRA process is therefore complete. 3. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt the proposed amendment to the Town Comprehensive Plan as shown on attached Exhibit A entitled, "Proposed DeGarmo Plaza Amendment of Comprehensive Plan," and dated May 16, 2017, a copy of which is attached hereto and made a part of this resolution; except as specifically modified by the amendment contained therein, the Town Comprehensive Plan, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 4. The Town Clerk is directed to enter said amendment to the Town Comprehensive Plan in the minutes of this meeting into the records of the Town of Wappinger. Town of Wappinger Page 7 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-123 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ... ❑ ....... ❑ ..❑........ ❑ Defeated William H. Beale ....................Seconder........Q.................❑ ............ ................... ....... ..... .... ....... ...... ......❑. ....... ....... ....... .. ❑ Tabled William Ciccarelli .......................... Voter Q .......Q........,........❑ ❑ .......,........❑...... ❑ ❑ ❑ Withdrawn John J. Fenton ..................... Voter..... .......Q .................❑ ................ ................ ❑..... ..... Michael Kuzmicz Mover... ❑ Dated: Wappingers Falls, New York July 10, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-124 Resolution Adopting Local Law No. 5 Of 2017 Which Would Amend Chapter 240, Zoning, Of The Town Code By Modifying The Shopping Center (Sc) District And Changing The Zoning Of Two Parcels To Sc WHEREAS, the Town Board is considering the adoption of Local Law No. 5 of 2017 which would amend Chapter 240, Zoning, of the Town Code by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on June 12, 2017 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on June 12, 2017 and pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopted a Negative Declaration for the reasons stated therein, thereby finding that the proposed Local Law will not result in any significant adverse environmental impacts, and consequently finding that a Draft Environmental Impact Statement will not be required and that the SEQRA process is therefore complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, in response to said referral the Town Planning Board responded and stated: "....at the Planning Board meeting held on March 6, 2017, the board voted favorably to the rezoning of DeGarmo Plaza from Neighborhood Business to Shopping Zoning District;" and Town of Wappinger Page 8 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD offered comments and concluded that: "....our Department recommends that parcels 6258-02-759569 and 6258-02-781586 not be rezoned to Shopping Center District. We also recommend the Board not adopt the proposed change to the Schedule of Dimensional Regulations Table ..... If the Board acts contrary to our recommendation, the law requires that it do so by a majority plus one of the full membership of the Board and that it notify us of the reasons for its decision;" and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. _ of 2017, a copy of which is attached hereto and made a part of this resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-124 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William Fl. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli ..................... Voter.. ..... Q ............. ❑ ............. ❑ .... .... ❑ ... ❑ Withdrawn John J. Fenton ..................... Voter .. Q .......Q...... ❑ ❑ ....... ❑ ,.......❑..... Michael Kuzmicz Mover ❑...... ❑ Dated: Wappingers Falls, New York July 10, 2017 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business Steve Frazier asked to place a'well cap' at Schlathaus park on a broken well and pack with concrete. Town of Wappinger Page 9 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 1. Motion To: Purchase a 2nd Gate for the Pye Lane Tennis Courts Steve Frazier addressed the Tennis courts at Martz field. He requested a second pass through gate with a quote from Adams Fence Company of $2,490 for a 7 foot fence with a 4 foot gate RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Lori A. Jiava, Supervisor AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Remove Maple Tree at Schlathaus Steve Frazier asked to remove a Maple tree at Schlathaus Park. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Motion To: Follow Recommendations of The Engineer to Pave Certain Roads Engineer Gray met with Highway Superintendent and agreed on the roads to be paved. Nothing was provided or emailed to the Town Clerk for recording in these minutes. Councilman Beale moved to follow the recommendations and bids emailed by the Town Engineer. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 4. Motion To: Authorize Engineer to Get Estimates on Carnwath Mansion Demolition and Removal Engineer Gray recommended taking down the mansion at Carnwath Farms given all the options that he noted. Councilman Beale asked for a cost to raise building. Councilman Fenton asked if the walls are unstable. Engineer Gray said that the walls are not unstable but the floors are unstable which could cause the walls to give way. He added that the damage deteriorates at an accelerated rate not a constant rate. Councilman Beale asked the possibility of building a community center for all ages anew at the top of the hill. Attorney Roberts agreed that the use of the property must be for park purposes and would be permitted and would be consistent with parks and recreation guidelines. Engineer Gray noted that there was a fair amount of asbestos abatement that had been done. Supervisor Jiava noted that the highway garage is at a risk with men working in them and that and the potential collapse of the Carnwath mansion should take priority. Engineer Gray re -centered the discussion to the demolition topic. Councilman Beale moved to have the engineer get an estimate. Councilman Fenton asked what it will cost to 'Get' the estimate. Engineer Gray directed his answer to the cost of the demolition, not to his cost of getting the estimate. Councilman Fenton asked, "Can we fast track this, without doing another Town of Wappinger Page 10 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 11 X. analysis, can we get three bids on what it would take to remove this building. I don't understand what we are going to do with the analysis. The bottom line is we're going to take it down." Councilman Beale moved to authorize Engineer to Get Estimates on the Carnwath mansion demolition and removal. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Motion To: Authorize the Supervisor to work with the Assistant County Executive for Economic Development, Ron Hicks, to develop an RFPI to review on August 21. Councilman Beale addressed a Request for Exploratory interest on the whole property to be put on bid -net. He asked that the town put on bid -net for potential bidders who have interest in the property. He feels RFPI process would provide end game. Councilman Beale also asked for a discussion on the status of the Administration Building porch for the August 21 st meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Lori A. Jiava, Supervisor AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Motion To: Request Highway Superintendent to Install an 'Autistic Child Sign' on 16 MacFarlane Drive RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:02 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 11 Printed 7/19/2017 Regular Meeting Minutes July 10, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 12 Printed 7/19/2017 Packet Pg. 13 n; i M �� ti ti ti ti ti� t{iOOOOOOO O N N N Cq N (N N C4 N � N � � N N N N N N N N r T T T T r T O C] a C) O N N Cn N 7 O E Cn LL. Cn E U m tm c — C m 0 > c o a_ a) c o (D 0O o A) Q m a 0p .2: r 05 > ma) c O U aT U E to � CD O J a) a CEZ_F- �"0 �`C CuU�� E JONi—� W a) >d o ti ti ti� ti ti ti N ccOOoo00 T T T T T T T M M M (0 CO Il- O 1 ,4;NNNNNNc\� 0 O Cfl C.0 CO CO O O ® I` ti ti ti ti� ti 1 O r 0 r 0 T 0 T 0 T 0 T 0 r 0 �1 N N N N N N N M M M M 'd' r CA A\ N N r N N N N �W+ V c�0 (0 (0 C(O CD c�0 ((0 W O _ L.. O a) L �o o L m po Q' O J U M 0.o CU L O a) Co E U_ L) C0 Co -mom»gym .E O 0 O Cu Cu CO Cu Cu Cu m Co m m-mmm Q m � L d r N CO ;I- U) CO f` M O O O O O O O E 0 0 0 0 0 0 0 7 z CV r N r CV r N r N r N r N r I I 1 i 1 I 1 O O C) C) O CD O Packet Pg. 13 n; i M 5.1.a A0/, - Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - III The following claims have been duly audited and allowed by the Town Comptroller of the Town of Wappinger, New York (the "Town"): Claim Packet: 2017 -AA Vendor A (General Town wide) B (General Part Town DB (Highway Fund) T14 Allstate) Central Hudson 39.63 Central Hudson 6,529.66 Central Hudson 162.24 Central Hudson 35.08 Central Hudson 337.51 Bottoni Fuel 974.38 Bottoni Fuel 2,626.49 RBT Cpa's 2,540.00 James Baisley 925.00 MVP H/I Premium 19,261.60 3,807.85 18,205.42 MVP Gold H/I Premium 3,289.50 Tri -Muni Graham Foster H/1 pymt 96.75 Coffee Systems 19.60 Pine Plains Tractor 151.97 Ben Funk 25.58 Don Seifts H/1 pymt 88.11 Justic Court Fund 40,247.00 Advanced Auto Parts 250.26 Advanced Auto Parts 150.93 Tilcon 60.47 Staples 83.24 Staples 77.68 Staples 40.68 Staples 24.13 Staples 6.95 Staples Vanguard Org 107.85 Emstar Ambulance JUN 2.3 2017 OWN OF WAPPINGEF TOWN CLERK Packet Pg. 14 t Optmum 216.56 WU SU Choice Dist (Sewer (Wapp 148.51 AM Wells Fargo 272.43 272.42 United (Ambulance Mike Leraric Concert 500.00 Water) Sewer Fund Christine Loveday Conc 600.00 Tom Bridgman Reimb 87.50 Matt Jordan Concert 525.00 Allstate Ins 848.68 Mike Mindel Concert 750.00 DC DCIS 753.75 Adam's Fencing 8.75 Crystal Rock Water 339.98 Mimi Naclerio 480.00 Amazon 5.50 Amazon 110.00 Amazon 99.99 Amazon 29.86 Amazon 14.97 Amazon 101.62 Amazon 231.89 Amazon 57.83 Inter City Tire 535.21 Sun Paint & Design 712.00 David Cole 500.00 Jesco 60.71 Edward Hurley 500.00 Totals $80,733.60 $4,273.51 $23,072.93 $848.68 5.1.a Packet Pg. 15 HSS WU SU (Sewer (Wapp (Wapp AM Systems United United (Ambulance Vendor Repairs) Water) Sewer Fund Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson 5.1.a Packet Pg. 15 Bottoni Fuel Bottoni Fuel RBT Cpa's James Baisley MVP H/I Premium MVP Gold H/I Premium Tri -Muni Graham Foster H/I pymt Coffee Systems Pine Plains Tractor Ben Funk Don Seifts H/I pymt Justic Court Fund Advanced Auto Parts Advanced Auto Parts Tilcon Staples Staples Staples Staples Staples Staples Vanguard Org Emstar Ambulance Optmum Choice Dist Wells Fargo Mike Lerario Concert Christine Loveday Conc Tom Bridgman Reimb Matt Jordan Concert Allstate Ins Mike Mindel Concert DC OCIS Adam's Fencing Crystal Rock Water Mimi Naclerio Amazon 218,018.02 109.20 109.20 33,575.00 5.1.a Packet Pg. 16 Amazon Amazon Amazon Amazon Amazon Amazon Amazon Inter City Tire Sun Paint & Design David Cole Jesco Edward Hurley Totals $218,018.02 $109.20 $109.20 $33,575.00 Vendor Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Bottoni Fuel Bottoni Fuel RBT Cpa's James Baisley MVP H/I Premium MVP Gold H/I Premium Tri -Muni Graham Foster H/I pymt Coffee Systems Pine Plains Tractor Ben Funk Don Seifts H/I pymt Justic Court Fund Advanced Auto Parts Town Board I Hold 39.63 6,529.66 162.24 35.08 337.51 974.38 2,626.49 2,540.00 925.00 41,274.87 3,289.50 218,018.02 96.75 19.60 151.97 25.58 88.11 40,247.00 250.26 $360,740.14 5.1.a Packet Pg. 17 Advanced Auto Parts 150.93 Tilcon 60.47 Staples 83.24 Staples 77.68 Staples 40.68 Staples 24.13 Staples 6.95 Staples 218.40 Vanguard Org 107.85 Emstar Ambulance 33,575.00 Optmum 216.56 Choice Dist 148.51 Wells Fargo 544.85 Mike Lerario Concert 500.00 Christine Loveday Conc 600.00 Tom Bridgman Reimb 87.50 Matt Jordan Concert 525.00 Allstate Ins 848.68 Mike Mindel Concert 750.00 DC OCIS 753.75 Adam's Fencing 8.75 Crystal Rock Water 339.98 Mimi Naclerio 480.00 Amazon 5.50 Amazon 110.00 Amazon 99.99 Amazon 29.86 Amazon 14.97 Amazon 101.62 Amazon 231.89 Amazon 57.83 Inter City Tire 535.21 Sun Paint & Design 712.00 David Cole 500.00 Jesco 60.71 Edward Hurley 500.00 Totals $360,740.14 $0.00 $360,740.14 5.1.a Packet Pg. 18 The foregoing was put to a vote which resulted as follows: Dated: Wappingers Falls, New York 1/23/2017 The Resolution is hereby duly declared. JOSEPH P. PAOLONI, TOWN CLERK 5.1.a Packet Pg. 19 Ti M ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 PLANNING BOARD & ZONINGBOARD OF APPEALS SECRETARY Bea Ogunti - Ext 122 CODE ENFORCEMENT OFFICER FIRE INSPECTOR Mark Liebermann - Ext 127 CLERICAL ASSISTANT Michele Gale - Ext 123 5.1.a a01:7101 / / a -o TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-1373 Fax (845) 297-0579 www.townofwappinger.us To: Joseph Paoloni, Town Clerk From: Barbara Roberti, Zoning Administrator Re: Schedule of Performance & Maintenance Bonds for the month of July 2017 June 23, 2017 PERFORMANCE BONDS SUPERVISOR Lori Jiava TOWN BOARD William H. Beale William Ciccarelli John Fenton SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS All Angels Hgts. Subdivision Cash Deposit $104,427.60 No expiration date -accepted by TB 10-17/16 Hilltop Village -Toll Land V Surety Bond $462,457.00 No expiration date #39B SBGG1368 Hilltop Village -Toll Land V Surety Bond $257,330.00 No expiration date ( Sidewalks, Street Trees & Lighting) #SU1133194 Maloney Heights Subdivision Bond $384,000.00 9/10/17 11/19/17 (Attalah & Joseph Nesheiwat) #775180S .I C�CDVCD JUN 2 3 2017 TOWN OF WAPPINGER TOWN CLERK. -reduction accepted by TB 9/29/15 -reduction accepted by TB 10-11-16 -accepted by TB 2/25/08 -Bond in effect until released by Town. Packet Pg. 20 Ridges Subdivision Letter of Credit $403,567.20 On Town Board agenda. June 26, 2017 for a reduction. 5/1/17 6/30/17 MAINTENANCE BONDS 5.1.a -accepted by the TB 3/28/16. Bond in Call Letter sent 5/19/17 BRH Realty Subdivision L/C $ 18,960.00 9/24/2017 - Accepted by TB (Phantom Hollow Equities, Inc.) #SB9109120001 9/29/15. Two Year Maintenance Bond to 2017 United Cerebral Palsy Subdivision L/C $6,933.20 8/31/2017 -Accepted by TB on Two Year Maintenance Bond to 2017 #20007134 9/29/15. SITE PLAN RESTORATION BONDS Calvary Chapel of the H.V. Cash Deposit $ 41,600.00 ****** -Accepted by TB on February 24, 2014. Released upon Resolution Approval w/ signed maps Dunkin Donuts Cash Deposit $17,000.00 * * * * * * * -Accepted by TB on April 11, 2016 Released upon Resolution Approval w/ signed maps Osborne Square Cash Deposit $2,000.00 ******* -Accepted by TB on April 11, 2016 Released upon Completion of Dumpsters Prestige Mini Cash Deposit $4,640.00 * * * * * * * -Accepted by TB on March 24, 2014. Released upon Resolution Approval w/ signed maps Packet Pg. 21 Cc: Planning Board Town Board Albert P. Roberts, Esq. Robert Gray Vincent Bettina File 5.1.a 3 Packet Pg. 22 4{ i 5.1.a010/ ---� / a 11 9� -00,1i, LEGAL NOVICE Please take notice that the Planning Board of the Village of Wappingers Falls will hold a public hearing on the request of the Bethel Missionary Baptist Church, 2611 South Avenue seeking a Special Use Permit in conjunction with Site Plan approval to be able to use 2611 South Avenue for a Religious Assembly. Property is located in a VR zoning district and is identified on the tax map as: 6158-18-334169-0000. Said hearing will be held on Thursday, July 6, 2017, 7:00 p.m., American Legion Hall, 7 Spring Street at which time all interested persons will be given an opportunity to be heard Signed: Tom Morris, Chairman Planning Board Dated: June 13, 2017 Village of Wappingers Falls MEECEUVao JUN 2 3 2017 TOWN OF WAppINGER TOWN CLERK Packet Pg. 23 { 490R NEW �1 �- NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits, Region 3 21 South Putt Corners Road, New Paltz, NY 12561-1620 P: (845) 256-30541 F: (845) 255-4659 www.dec.ny.gov Robert Valdati, Chairman Town of Wappinger Planning Board 20 Middlebush Rd Wappinger, NY 12590 Re: TLA Realty Inc, Old Hopewell Commons Lead Agency Circulation Response Town of Wappinger, Dutchess County CH# 7033 Dear Chairman Valdati: NEVIiYORK Department of O po Of TUNITY Environmental Conservation June 23, 2017 The New York State Department of Environmental Conservation (DEC or Department) has reviewed the submitted SEQR Notice of Intent to Serve as Lead Agency (no enclosures) from the Town of Wappinder Planning Board for the above referenced project. TLA Realty Inc is proposing to construct a 2,700 square foot office with apartment and garage, a 2,850 square foot commercial building, 4 .multi -family buildings, and 103 parking spaces on a 6.45. acre site located at Old Route 9 and Old Hopewell Road, Town of Wappinger, Dutchess County. The Department has no.objection to the Town of Wappinger Planning Board assuming lead agency status for this project. Based upon our review of your inquiry dated April 27, 2017, we offer the following comments: PROTECTION OF WATERS There are no waterbodies that appear on our regulatory maps at the location you identified. If a permit is not required, please note, however, you are still responsible for ensuring that work shall not pollute any stream or waterbody. Care shall be taken to stabilize any disturbed areas promptly after construction, and all necessary precautions shall be taken to prevent contamination of the stream or waterbody by silt, sediment, fuels, solvents, lubricants, or any other pollutant associated with the project.. FRESHWATER WETLANDS Your project is not within a New York State protected Freshwater Wetland. EwYowc Department of OPPORTUNf7Y E,,ironmental Conservation -OVER PLEASE - JUN 2 6 2017 "OWN OF WAPPINGL TOWN CI PPI( Packet Pg. 24 t Re: TLA Realty Inc, Old Hopewell Commons Lead Agency Circulation Response Town of Wappinger, Dutchess County Date: June 23, 2017 CH# 7033 Page 2 of 3 STATE -LISTED SPECIES DEC has reviewed the State's Natural Heritage records. We have determined that the site is located within or near known occurrences of the following state -listed species: Name Status Indiana bat (Myotis sodalis) Endangered Any potential impacts of the proposed project on this species should be fully evaluated during the review of the project pursuant to SEQR. An Article 11, Title 5 Section 535 of Environmental Conservation Law Threatened and Endangered Species Incidental "Take" Permit is required for the incidental taking of any species identified as "endangered" or "threatened", which can include the removal of habitat. Specific project information was not provided in the submitted materials. The applicant must submit project materials to the DEC for evaluation of the potential impacts of the --- - --- -proposed project. At a minimum, all tree removal must be -conducted during the winter timeframe of October 1st to March 31St to avoid adverse impacts to Indiana Bat. In addition, the applicant must provide the total amount of forested habitat acreage to be removed for this project. Please note: a project sponsor may not commence site preparation, including tree clearing, until the provisions of SEQR are complied with and all necessary permits issued for the proposed proiect. Ti 2T For technical questions regarding these species and their associated avoidance and mitigation measures, please contact the DEC Division of Wildlife at (845) 256-3098. SPDES SANITARY PERMIT The submitted materials do not provide sufficient information to determine the need for a SPDES Sanitary Permit. -Subsurface discharges of more than 1,000 gallons per day require a SPDES Sanitary permit. For information on SPDES Sanitary permits, see the DEC website at http://www.dec.ny:gov/permits/6054.htmi or contact DEC Division of - Water at (914) 428-2505. WATER WITHDRAWAL The submitted materials do not provide sufficient information to determine the need for a Water Withdrawal permit. An Article 15, Water Withdrawal permit may be required to undertake •such activities pursuant to 6 NYCRR Part 601.6, such as the construction, operation and maintenance of a water withdrawal system with a system capacity of a volume of 100,000 gallons per day, rather than the demand of the system (6 NYCRR Part 601.6c). For information on Water Withdrawal -permits, see the DEC website at http://w.ww.dec.nv.qov/lands/86935.html. Packet Pg. 25 Re: TLA Realty Inc, Old Hopewell Commons Lead Agency Circulation Response Town of Wappinger, Dutchess County Date: June 23, 2017 CH# 7033 Page 3 of 3 SPDES STORMWATER (CONSTRUCTION) Compliance with the current SPDES General Permit for Stormwater Discharges from Construction Activities (GP -0-15-002) is required for projects that disturb one or more acres of land. However, the total area of proposed disturbance could not be determined from submitted.materials. If more than one acre is proposed to be disturbed, the applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the current SPDES General Permit noted above. As the Town of Wappinger is an MS4 area (Municipal Separate Storm Sewer System), the Town has responsibility for review of the SWPPP. 'The MS4 Acceptance Form must be submitted to the Department. For information on stormwater and the general permits, see the DEC website at http://www.dec.ny.gov/chemical/8468.htmi. CULTURAL RESOURCES We have reviewed the statewide inventory of archaeological resources maintained by _ _.__the New_York State Museum and the New York State Office of. Parks,. Recreation, and Historic Preservation. These records indicate that the project is located within an area considered to be sensitive with regard to archaeological resources. The project sponsor should submit project materials to the New York State Historic Preservation Office's online Cultural Resource Information System (CRIS) to initiate the review process. Information on submitting to the system and access to it are available at hftD:I/www,nvsr)arks.com/shDO/. OTHER Please note that this letter only addresses the requirements for the following permits from the Department: Protection of Waters, State -listed Species, and Freshwater Wetlands. Other permits from this Department or other agencies may be required for projects conducted on this property now or in the future. Also, regulations applicable to the location subject to this determination occasionally are revised and you should, therefore, verify the need for permits if your project is delayed or postponed. This determination regarding the need for permits will remain effective for a maximum of one year unless you are otherwise notified. Applications may be downloaded from our website at www.dec.ny.gov under "Programs" then "Division of Environmental Permits." It is possible that the DEC permit requirements may change based upon additional information received or as project modifications occur. Please contact this office if you have questions regarding the above information. Thank you. Sincerely, Victoria Lawrence Division of Environmental Permits Region 3, Telephone No. (845).633-5454 Cc: Elaina Burns, NYSDEC .1a Packet Pg. 26 Ti M MIGHWAY SUPERINTENDENT Vincent Bettina 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 Email : Vbettina cutowndwappinger.us (845) 297-9451 Office (845) 298-0524 — Fax WWW.TOWNOFWAPPINGERMS Highway Department Secretary Karol Kelly Office of the Superintendent of Highways TO: Town Board FROM: Vincent Bettina RE: 284 Agreement / Road Paving DATE: June 24, 2017 SUPERVISOR Lori A Jiava 845-297-4158 Main TOWN BOARD William H. Beale William Ciccarelli John J. Fenton Michael Kuzmicz TOWN CLERK Joseph Paoloni JUN 2 6 2017 TOWN OF WAppINGER TOWN CLERK Be advised, that I am not required to be in attendance at Board Meetings and will not be attendance until the litigation between the Town Board and my Office is decided by the Dutchess County Supreme Court. As you are aware, the required 284 Town Law Agreement for paving roadways was submitted to the Board in January and a number of roads were submitted for repaving. To date, the Board has failed to come to a consensus with the exception of the repaving of Brothers Road. The agreement to repave Brothers Road was not signed until last month. It is unfortunate that we are now in the month of June and you still do not have a consensus as to what roads are to be paved and also do not have the bonding in place to provide the necessary funding. I cannot start the paving process unless the funding is in place and agreement with the Town Board regarding the rest of the road selection. This delay in process and indecision caused by the Board actions will undoubtedly impact the paving process and school buses during the paving process. I recommend that the Board set a funding amount for road repaving now rather than mileage. I will then review and discuss this with the Consulting Engineer and make my determination as to what roads will be completed based on the funding approved by the Board. This is a good time to remind the Board that my work force has been reduced by two. laborers, as 1 no longer have the services of Troy Swain nor Matt Meybohm. Given this imposed manpower shortage, in accordance with Highway Law, we are limited to just completinc our statutory obligations. The citizens of the Town of Wappinger deserve far better service response from you. Cc: Town Clerk Paoloni Town Attorney A. Roberts Esq. file Packet Pg. 27 Ti M 5.1.a MORRIS ASSOCIATES AE ENGINEERING & SURVEYING CONSULTANTS, PLLC `9 Elks Lane, Poughkeepsie, Nein York 12601 Tel: (845) 454-3411 Fax: (846) 473-1962 [j 64 Green Street, Suite 1, Hudson, New York 12534 T'ei: (516) 828-2300 Fa:c (518) 828-3963 June 21, 20.1.7 Supervisor Lori Jiava and Town Board o Town of Wappinger 20 Middiebush Road Wappingers r=ails, NY 12590 ;. 0 an Re: The Ridges Subdivision 0 Dear SupervisorJiava and"Town Board Members: We have calculated the 1" Reduced Bond amount for the .construction of the rernaining road items, utilities and improvements at the Ridges Subdivision on Calibuen Court off of Shamrock Hills ?rive, A copy of the Bond Calculation is attached. co The total construction value of the remaining work.is $104,464.8Q, including 20% for: necessary administrative costs. This is the amount now required for -the reducer bond. Upon dedication of the improvements after all work is core pleted, Maintenanc Bund 6f $80,713,44 a (20 of the original bond amount of $403,567.20. I have discussed this matter with Highway Superintendent Bettina and he is in �igreernent with the Bond FAa reduction: " Please call me at 91.4-4'35-5749 if you have any questions cr'regpire anv additio'niai information related , to this matter, F 171 Ve iy yours, Q JUN 2-12017 /R obert J. Gr d .E. r 'TOWN OF APPINE. Engineer to the n of a ger TOWN CLEM Cc: Vincent Bettina, Town of Wappinger Highway Superintendent Mid -Hudson Development Joseph Paoloni, Wappinger Town Clerk Barbara Roberti, Wappinger Zoning Administrator Albert P. Roberts, Esq, Attorney to the Town of Wappinger Michael Tremper, CAMO Packet Pg. 28 Project The Ridges at Old Hopewell Estates 1st Bond Reduction Project Location Old Hopewell Road,. Town of Wappinger Robert J. Gray, P. E. Engineer to the Town of Wappnger Description - No. of Unft ( units ADWA 15" HDPE Culvert. 36:00 = LF Clear & Grub 0.80 AC Rough Grade: 800.00 LF 12" Foundation. Course: 870.00 CY shalt Binder Course 2,600.00 SY 2" Asphalt. Wearing Course: 2,60.0.00[LF SY Asphalt Curb: 1,634,00 Shoulder Topsoil, Seed & Mulch: ', 1,270.00 1 SY 6-21-17 Unit Cost Cost I i Werk Performed Work Rem; 15" HDPE Culvert. 36:00 = LF $37.00 $1,332.00 $2,000.00. $1,600.00 $1,600.00 $0..,, $15.00 $12,000,00 $12,000.00 $0 $40.00 $12,000.00 $12,000.00 $0 $24.00 $62,400.00 , $56,400.00 $6,000,00 $16.00 $41,600,00 $0 $41,600.00 $6,00 F $9,804.00 $0 $9,804.00 $5.00 $6,350.00 $1,350 $5,000,00 Sub -Total $168,554.013 $16,800.00 f $62.404.00 '4JTORM-AT �S.Y�", #r+ F.'n,.,: �:v ,'�'�: .. ... ,t .�'` # f'Z, •>:., ._ � .. ,.. ., h: � .... .TN', , � ¢ t ..�,. I. ., 15" HDPE Culvert. 36:00 = LF $37.00 $1,332.00 $1,332.00 $0 18' H10PE Culvert. 495.00 , LF $44.00 $21,780.00 $21,780.00 $0 24' HDPE Culvert. 315.00 LF $57.00 I $17,955.00 $17,955.00 $0 6" HDPE Perforated: 400.00 LF $18.00 $7;:200.00 ; $7,200.00 $p Rip -Rap: 85,00 CY S45.00 $3,825,00 $3,825.00 i $0 Catch Basin (5' or less): 6.00 EC $2,800.00 $16,800.00 $16,800.00 f $0 Catch Basin (greater than 5": 1.Q0 EC $3;300.00 $3,300.00 $3,300.00 l $0 Outlet Control Structure up to 5': 1.00 EC $3;000.00 $3,000.00 $3,000.00 $0 Pond Excavation: 2,600.00j CY 5.25 $13,650.00 ; .S10;000.00 $3,650.00 0 0 0 CLL 0 M co LU Sub -Total $88,842,00 $85,192.00 x+3,650.00 13AN1.7. , REWW iw. i 8' D.I.P, Water Maln. 4 �s 8" SDR 35 Sewer Main: 720.00 LF $45.00 1 $32,400,00 l $28,400.00 $4,000,00 4$" I.D. Manhola:6:00 EC $3,200.0:0 4 $19,:200.00 $1:9,200.00 $0 4" Sewer Lateral Stub To 265.00 R.0 W.: LF$28:00 $7:420:00 $7,420,00 1 $0 Q Q Q a Sub -Total $59,020.130 $59,020.00 $4;000.00 a La La e ,7il4-1 plat -0U,, 1u.uU ;)OU,�J tu.uU Z)O,UUU.UU 0 Erosion Controls: 1.00 SL $10;000.00 $10,000.00 $9,000.00 $1,000.00 Landscaping: ! 1.00 , LS $8,000.00 $8,000,00 $0 $8,000.00 Sub -Total $18,000.00 $9,000,00 59,000.00 Total $336,306.00 $249,252.00 Total Work Remaining $87,054.00 20% Admin. Fees $17,410.80 Total $104,464.80 C:1UsersllPAaidonaddAppDatalLocal+,MicrosofrtWindowsiTemporary Internet rileslContent:0ut(ook1BHHVMCPQ1Ridges Construction Bond Estimate Spreadsheet 6-21-17.doc Packet Pg. 29 8' D.I.P, Water Maln. 785.00 ' LF l $162.0 $481670.00 $40,670,00 $8,000.00 1" Water Service To R.O.W., 255.00 LF { $48,00 $12,240.00 $12,240.00 $0 La La e ,7il4-1 plat -0U,, 1u.uU ;)OU,�J tu.uU Z)O,UUU.UU 0 Erosion Controls: 1.00 SL $10;000.00 $10,000.00 $9,000.00 $1,000.00 Landscaping: ! 1.00 , LS $8,000.00 $8,000,00 $0 $8,000.00 Sub -Total $18,000.00 $9,000,00 59,000.00 Total $336,306.00 $249,252.00 Total Work Remaining $87,054.00 20% Admin. Fees $17,410.80 Total $104,464.80 C:1UsersllPAaidonaddAppDatalLocal+,MicrosofrtWindowsiTemporary Internet rileslContent:0ut(ook1BHHVMCPQ1Ridges Construction Bond Estimate Spreadsheet 6-21-17.doc Packet Pg. 29 ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 PLANNING BOARD & ZONINGBOARD OF APPEALS SECRETARY Bea Ogunti - Ext 122 CODE ENFORCEMENT OFFICER Susan Dao - Ext 122 Brian Rexhouse — Ext 142 FIRE INSPECTOR Mark Liebermann - Ext 127 CLERICAL ASSISTANT Michele Gale - Ext 123 5.1.a'�O/ -t/ o- / / � - ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-1373 Fax(845)297-0579 www.townofwappingenus I - I- I T17- All 1 1, '111 To: Town Board Members Date June 29, 2017 for July 10, 2017 TB From: Barbara Roberti Re: Property Maintenance Report SUPERVISOR Lori Jiava TOWN BOARD William H. Beale William Ciccarelli John Fenton Michael Kuzmicz JUN 3 0 2017 TOWN OF WAPPINGIER TOWN CLERK 12 Blackthorn hoop Inspection of property done on June 2, 201.7 at 10:30 am with. Ian binders. Preparing for Supreme Court and notifying the NYSDEC 7 Cayuga ter pool, a/c & shed without permits, Ticket issued Expired permit for an addition. 15 Thornacres Pool, AC &. Shed w/o permit Ticket Issued 382 Gild Hopewell Road barge trucks and grading Ticket Issued w/o Permit 1.8 Ervin Drive Grading w/o permit SWQ 87 Ketchamtown Road unregistered vehicles Ticket Issued 24 Kendell Drive Tow vehicles in driveway Ticket Issued 1401 Route 9 Site plan violation SWO 1318 Route 9 Site Plan violations Preparing for Supreme Court Packet Pg. 30 51 Old State Rd Debris in front yard 14 Doyle Dr 482 All Angels Hill Road Unauthorized signs Grass Public Hearing /June26th 174 River Road Debris in yard 21 Dennis Rd 80 Ketchamtown Road High Grass High Grass 22 Ronsue Dr Debris and High Grass 2 Baldwin Rd 259 Ketchamtown Road Shed without a permit Debris 2273 Route 9D Renting house without a CO 24 Lakeside Dr Illegal Apartment 12 Robin Lane High Grass Public Hearing /June26th 33 Bowdoin Lane High grass Public Hearing /June26th 1 Circle Dr High Grass Public Hearing /June26th 43 liddlebush Rd High Grass Public Hearing /June26th 2 Fowlerhouse Rd. High Grass Public .Hearing /June26th 1 Erie lane High Grass Grass Cut 50 Fenmore Dr High Grass Grass cut 1474 Route 376 High Grass 16 Dogwood Rd High Grass/vehicles/debris 22 Elizabeth Terr High Grass 11.1 All Angels Hill Road High Grass Public Hearing /June26th 21 Degarmo Hills Rd High Grass 29 Doyle Dr Shed no permit -heavy comm equip. 60 DeGarmo Hills Rd Illegal shed 12 Doyle Dr High Grass Public Hearing /June26th 14 Doyle Dr Camper parked on road 33 Bowdoin Lane Grass Public Hearing /June26th 60 Carroll Dr Expired pool permit 21 Dennis Rd High grass 53 All Angels Hill Rd High Grass 25 Elizabeth Terr High Grass 2 Baldwin Rd Unreg. Vehicles/shed 8 Hilltop Dr Debris 4 Lawn PI Unreg. Vehicles/debris 5 Wild Turkey Run Unreg. Vehicles/debris/business June 294 20.17 87 Osborne Hill Rd 71 St. Nicholas Rd 110 Airport Dr 95 Airport Dr 95 Airport Dr High Grass Shed and grading permit needed Sign Outdoor storage - Rush Order Inc. Outdoor storage — Jamm Properties 5.1.a Packet Pg. 31 5.1.a 11 Airport Dr 160 Airport Dr Airport Dr Airport Dr and Rte 376 80 Airport Dr 11 Bill Horton Way 58 Widmer Rd 26 Don Bosco 20 Osborne Hill Rd 7 Sylvia Dr 9 Sylvia Dr 11 Sylvia Dr 1581-1594 Route 376 16 Dogwood Hill Road 9 Macintosh Lane 89 Scott Dr 32 Kent Rd 8 Robin Lane 235-237 MCR 235-237 MCR 235-237 MCR Boat on front lawn Site Plan Violation Illegal construction yard Illegal sign Cargo containers and debris Site plan violation Cargo container Site plan violation High Grass ATV violation ATV violation ATV violation Signs Property maintenance / unregistered vehicles Illegal apartment Pool Pool Boat on road Sign - Falls Diner Sign — Roma Deli Sign — Portofino Pizza Any property in Green has come into compliance and will be removed for the next report. The following are the OTR's (Order to Remedy) that have either been posted directly on the front door or mailed to owner for high grass, etc. These are not all foreclosures or abandoned homes. Please note that the above list is not a complete list of all OTR's issued by the entire department. This list contains only properties that I am working on. As high grass, etc is part of the NYS Property Maintenance Code, all the Code Enforcement Officers should be issuing violation notices and following up with complaints. This is collaboration amongst all of us to stay on top of property maintenance. Packet Pg. 32 5.1.a 4{ i Packet Pg. 33 Imm 53 West Cedar Street- Poughkee!psie- NY 12601 %MANV N Mi`,AC COIM New York Comm u n icaboins Company, Inc, as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and conditions of the face and on the reverse side hereof, the following equipment -'—WO —OFUNITS, MOD EL D ff§CR —lPTPON 2, XIPR"5550E BASE MOTOROLA UHF BASE S'TA'IION wrrl-l: AN"I"ENNA, POWER SUPPLY, CONNECT r PLUS TRUNWINIG AND NYGOMCO LEASE COVERAGE 43 XPR-555OE MOBILE MOTOROLA UHIF MORILE RADIO WITH EX "f SPEAKER, MIC, CONNECT PLUS TRUNKING AND NYCC,MCO LEASE GOVERIAGE 5 XPR 75510E PORTABLE MOTOROLA UHF PORTABLE RAD0 WITH ANTENNA, BATTERY, CONNECT PLUSTRUNKlNG AND NYCOMCO LEASE COVERAGE 1 24-67 REMOTE DESK70P TONE REMOTE C ONTROLLER WITH NYCOMCO L EASE COVERAGE I TK -8180f K EXISTM F9RE iNVr MO+ BALE RADIO WITH ALIL ACCESS01RIES AND NYCOMCO LEASE COVERAGE Location of Equipment TOWN OF WAPPINGERS HWY DEPT, The, lease rate ILZ24 W.,per month for 72,months for a period of si year(s), (called herein the lease term) commencing on the first day of the month following the date of installation of the equipment Lessee agrees to pay an annual payment oLLy&2Jy-tbLqLL h2.g=0_gj=. 0 and ng centsj�914,.Q'The first monthly payrrent shail be due on the for a period of ix years( from the effective date of the contract. first day of the new lease term and the succeeding rrionth unfil all said number of monthly Payments shall have been paid. In the event any payment remains unpad for a period of sixty (60) days or, more after becomilng due, Lessor may declare Lessee to be in default by notice in writing, and Lessor tray retake Possession of any or all of the leased equipment with or vvlthout process, of law, and wfihout demand or further 110fice The Lessor wilil Install the equilpment after Lessor receives notice of PCC approval when appi Ica ble.Shipment shall be, f.o,b Lessor's plant, and Lessor shall not be liable for debays in delivery or failure to manufacture or ci (1) d'ue to causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of cavil or military authority, priorities, fires, strikes, floods, epidemics, war, hot, de4ays in transportation or car shortages, or (3) inability dine to causes beyond its reasonablie control to obtain necessary labor, materials, complonents or manufacturing facilities, In the event of any such delay, the, date of installation shalll be extended for a period eqLW to the time lost by reason of the delay. SIGNED, Ne ;Ycrk Com mCompany ompany Inc. By� J j a less- President Effective Dat&� ,NAME WAPPINGERS HWY TWN -W ADDRi 20 MIDDLEBU:SH ROAD WAPPINGERS FALLS, NY 125910 SiGNED: I Packet Pg. 34 1 IT IS FURTHER AGREED BY THE PARTIES: (J) ASSIGNMEl -r. onyroc i,es&i)r rnay assign flw "l mliocro of tile equipmern desefibed an this lease to a brink or finaticial insmution The Leswr vwffl wntinue to crillect are irwinlfdy paynients the uilder this leasir wind will continue tri provicie service and nianneriance of the erpopinent for the Lessee Neap obfigstion is iroposed upon the b,ank Or financial insirwiron to winch 01C CrgUit)r VZikkC Of the eqatrinlent tylas, be assigned to perilsiln it r fiM l� any cibllgaflons of the Lessor under this lciiscThe Lessee acknovyledge.5 that any churl it tries have under this lease shall be asserted against the Lessor only and not against mi assignee, of' tire equity vidue 0 1 tile eqtfilanern, (h) 'T"he Lessee lnay, not assign this; lease or any rioit to m use of he cquilinient desciflvd herein wiffioul the wrinen consent of tile Lessor first obtained, Notwithstanding fit% assigninent, the I else e will rernant folly obligawd under this lease unlcas specifically relcased by the Litswir and any person or coniparly which takes c:wer the rights or obligations under tins leascr will have all of" the rights and will be obligated n) keq) WI Ofthe prarneses arid agyeenients nrade herein. (2) I)EVALUr If the Leswe be ad' �uclieared a bankruflk or, there is filed a9llinst it a pelitktir under the bailkrupicy laws, or it' any n1soivoncy proccedinp ,,s is initiated by or against the Lessee, or if0w equupmenr ar guly part diereof is encurribered, pledged, or attached, seazed, or taken under any judicha process, the Lessor or its assignee rymy at any- tirne lernthiate ffi�is lease ap ei v, lie C greernent and enter any prerruses o� vdiicli , r the leased ettiOlmnent nray be located, wiJioin process or hov, and rernove Mi said eqrbiornent, without prejudice to any when rights or reinedies of the lessor car its assignee, (3) SERVICE,, 111C Performance of erimpnrent and the fiabifity of' tile Lessor under the seryiee parvision is confingent upon inaintenance by a qualified connilunicatwas lechilicorn, term floyed and certified by NYCOMM This rnaintenwice is the liability c,rf NYCOMCO and is lndudedit) fire lease charg,es. (4) PATENT INDEMN 111,1%" fie Lessor wall deferred any suit or procceding brought against ibe Lessee so fits as based oil as cle6rri that any leased equipment, or any paij jirrrooj; constiftites tin infiringenlent Of any Pallent of tile Uri red Mates, if notri'led pronifidy in w1anig and Oven authority, inforniation, marl assiarrince (ar tile J,essitrls cxpense) foe^ the defense ofsaine, and the Lessor shn1l pay aU ditunages and cersts awarded therein ap ounst the Lessee (5) OPTION TO RENEW The Lessee shaft have Clic opfion to renew this lease afire neat at a elonthIN, Payment to be determined at or befilre the expolition offl:ie lease terns, by %witten nobca prior lgri expiration of the ladle e term by execution of renewal fan n. (6) 11�'SSEPS OBIAGATIONS'11e lessee, shall (a) keep the equipmern deseribed herern at the locatwn designated and shall not move it eh,ewhere w0out prior writlen; authorization fron) the Lessor; (b) notify the L'ossin of, tire name and rvirnhing ,, address of any party liaving a hghr or tinerest in arty vnowr vehicle nirn uncondnionally owied by tile Lessee m %f6ch ars+v , ofthe equipment fisted herein is instailled , (c) at file expirarion of this lease agreetnent, retain to the Lessor its goini condition except firn normal wear and tee all leased eritninnerti, togeLfjejr pjrfi all parts and aceesmiries added to or intuatled in the leased equilentent, (d) keep the label ireadiag "Property of New, York ConirnitnicaTions Company, Inc," affixed to all leased equilanrent aL all tritres, told rilake equipment avaiiiibkfor Lesson rnspeciion al reasonable holes open rot6onable rul6cc, (is) be resjx)nsi)lc drinng aic least lerni for loss or theft of an pormble radios Listed lwrehn and niaintarn adisquate insurance thereon payable to the Lcsgor and L essec as their gnteresis stay apjxrir„ (f) arrange for access lay the Lesser or any person acting in its behaffto the 4>C;rtroit where the leased equitinrom is to be insialled, (7) 1AN11TATION OF LIABILITY. In no vvent shall the Lessor be liable for special or ciolsequeroral clarnages The t ester's habibry on any oflier chrini for loss al liatediry, Wiring, our of or connected with this ietrse, or the nso w)frtny e(lilipurent covered by this lease (ntduding, but nol lunked ur, less cir liability arising fi-oni breach of coritaw) shall in no casic exceed the prolated total rilonthly payrnenT dren paid on the parlicular unite involved ni the 4wni, except as provided ill lite paragraphs witaled "SERVICE" and MI 18) GOVERNMENT A I 14l ORIZATIONS Neither the lessor nor any of ris cniployees is an iltivrit or representative oftile Lessee and the Lessee xis sittely responsible for obtl6tring, any required aullsorizations from, the FedlerM Corninunicrournis Ccmunission and for carneliancz therewith if iNs lease ineludes the furnishing of' a tower and hertalianon, the Lessee shelf have rise sok responsibility for obtaining all necessary Fedcral,, State wat lrxcal pernihs or authcrizations pertaining thereto The Lessor MH cranfly wilbi all wher applicable Federarl, Suite or Local lawi and speci fically represents that stay goods to be dellivered hemi.lodel' shall be, trvoduced in corriphance with the Fair Labor Standards Act of 19,38 as: antended, Except ris hercin expressly provided In the ennirary the irrovisions of tits agreement are for the berrefit offlie parties to One lease and not for the hetet fit of mi.), other person. (9) AMENEYMENTS. Mis lease agreement (arid arty anwridnienis abached heirro and signed by both parties) evaitains the entire understandirig between the pattles coneerning this subject rianer hereof and any representation, prornise, Truldification or arnendi-nent Shall 1101 be binding upon euhLr party urriess reduced in Nwiling mid signed oil belwif ref each by a chily at"horized mpreseritattve w 9— Z� t. I Packet Pg. 35 1 Legend Residential - Low Density Residential - Medium Density Commercial Conservation Office Park Institutional Recreation EXHIBIT A PROPOSED DEGARMO PLAZA AMENDMENT TO COMPREHENSIVE PLAN Town of Wappinger, New York NOTE This map was compiled from multiple datasets with diff erea�t scales and p,.T-i.- and should -ly b, used for g -,ml pl-,�mg purposes. 8.2.a Ro. FREDERICK P. CLARK ASSOCIATES, INC qey Planning/Development/Environment/Transportation \ FEET 400 300 200 100 0 400 N 111 Packet Pg. 36 8.3.a NEW YORK STATE DEPARTMENT OF STATE 5-17-17 41 STATE STREET ALBANY, NY 12231 Local Law Filin (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 5 of the year 2017 A local law entitled "Local Law No. of 2017 for the Purpose of Amending Chapter 240, Zoning of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) Packet Pg. 37 LOCAL LAW No. 5 OF THE YEAR 2017 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law No. 5 of 2017, for the Purpose of Amending Chapter 240, Zoning, of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, of the Town Code with by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC. The zoning in this local law is consistent with the Town Comprehensive Plan. Further, this local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3: Amendment to the Text of Chapter 240, Zoning In the Schedule of Dimensional Regulations - Nonresidential Districts at 240 Attachment 4:1, the minimum lot area in the Shopping Center District shall be changed from 10 acres to 5 acres. Section 4. Changing of Zoning District Designations of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Number(s) Subject Property Address Owner's Name and Address Existing Zoning District New Zoning District 235-237 Myers Corners Road Jusomi Holdings LLC NB SC 6258-02-759569 Wappinger, NY 12590 851 Route 22 Neighborhood Shopping Brewster, NY 10509 Business Center Myers Comers Road Jusomi Holdings LLC R-40 SC 6258-02-781586 Wappinger, NY 12590 851 Route 22 1 -Family Shopping Brewster, NY 10509 Residence Center 2 8.3.a Packet Pg. 38 Section 5. Amendments to the Zoning Map of Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 4 above, as shown on Exhibit A entitled, "Proposed DeGarmo Plaza Rezoning," dated March 31, 2017and attached hereto. Section 6: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 9: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachment: Exhibit A J:TOCS2\500\Wappinger\Code Amendmts2017\SC degarmo LL v2.0.dhs.doc 3 8.3.a Packet Pg. 39 1 ezoigliiq Elmo n \ I: j Lin S LEGEND uuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuumuuuuu Existing Zoning District Boundary �u,iiuuu Existing Zoning District Boundary to be Removed I I I I Proposed Zoning District Boundary I 8.3.b I N PROPOSED DEGARMO PLAZA REZONING Town of Wappinger, NY FREDERICK P. CLARK ASSOCIATES, INC. Exhibit + PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT n Scale in Feet 400 0 Packet Pg. 40 July 10, 2017 8.3.c Eoin Wrafter, AICP, Commissioner Janet Tissiere, Junior Planner Dutchess County Department of Planning and Development 27 High Street Poughkeepsie, New York 12601 Subject: Referral ZR17-183, Local Law Amending Chapter 240, Zoning, of the Town Code by Modifying the Shopping Center District and Changing the Zoning of Two Parcels to SC Dear Eoin and Janet: We have received your response dated June 21, 2017 to our referral of the above captioned Local Law. In your letter, you conclude that: "For the reasons stated above, our Department recommends that parcels 6258-02-759569 and 6258-02-781586 not be rezoned to Shopping Center District. We also recommend the Board not adopt the proposed change to the Schedule of Dimensional Regulations Table ..... If the Board acts contrary to our recommendation, the law requires that it do so by a majority plus one of the full membership of Board and that it notify us of the reasons for its decision." The Town Board has acted contrary to the Department's recommendation and this letter provides the reasoning therefor. Reasoning The Department's letter states: "In referencing the zoning map, each of the various sections of Shopping Center District are located along the heavily commercialized Route 9 corridor and are comprised of multiple parcels with a minimum combined acreage of 20+ acres. The two combined DeGarmo Plaza parcels total only 5 acres and as such do not reflect the apparent intent of the Shopping Center District. A Shopping Center District is Packet Pg. 41 not compatible in the proposed location, surrounded as it is primarily by residentia properties." In terms of the actual intent of the Shopping Center District, rather than the "apparent intent" as stated in the Department's letter, the Recommended Land Use Map in the Town's Comprehensive Plan shows the bulk of the subject property as Commercial. With respect to the Commercial category, the Comprehensive Plan states: "The purpose of this category is to allow for the continued commercial use of areas in the Route 9 Corridor, in Myers Corners, and near the airport. These areas are generally zoned as Highway Business, Highway Design, General Business, or Shopping Center." (p. 94; emphasis supplied) Further, the Department's letter offers no justification for the rather bald conclusion that, "A Shopping Center District is not compatible in the proposed location, surrounded as it is primarily by residential properties." Firstly with respect to compatibility with nearby residential properties, the subject property abuts residentially zoned properties, but so also does the largest SC zoning district in the Town. Secondly, the Neighborhood Business (NB) and SC zoning districts are actually very similar in terms of permitted uses. In addition, the maximum building height, building coverage, floor area ratio and impervious surface coverage requirements are the same in the NB and SC zoning districts. Therefore, the proposed rezoning would not result in an increase in the amount of floor area developable on the subject property, which means that there would be no adverse environmental impact from the proposed rezoning from these perspectives. 2. While changing the minimum lot size of the SC zoning district from 10 acres to 5 acres would theoretically make more parcels in the Town eligible for rezoning to SC from a lot size perspective, the Town Board has a significant amount of authority with respect to legislative actions such as rezonings. There are numerous parcels in the Town which are currently 10 acres or more in size and which are not being rezoned by the Town Board to SC. Therefore, this change in minimum lot size would not necessarily result in the Town Board being more inclined to rezone additional property to SC. 3. The Department's letter also states that: "If the Town is inclined to allow a fast food franchise on these parcels, we suggest amending the use table to permit fast food franchises by special use permit and site plan approval in the Neighborhood Business District." 2 8.3.c Packet Pg. 42 The Town Board disagrees that the Department's suggestion is a better alternative, because the Department's alternative would open every NB District in the Town to fast food establishments, which is not the Town Board's intention. Very truly yours, Lori A. Jiava, Supervisor jAdocs2\500\wappinger\code amendmts2017\referral zr17-183 7-5-17.dhs.docx 3 8.3.c Packet Pg. 43