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2018-02-26Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, February 26, 2018 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Robert Johnston Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM David Stolman Consultant Town Planner Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IV. Correspondence Log RESOLUTION: 2018-50 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Log - 2018-02-26 Number To From ante ante Rec` Re: Agenda ante 82-28--881 Town Board Carl S., Wolfson 211212818 211212818 Justice Report for the Month of January 2818 212812818 82-28--882 Town Board Xisno 2. Chen 211612818 211812.818 State I ai or Authority! Kodomo Asian Bistro 212612818 Town of Wappinger Page 1 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 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 -2018-50 CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated William H. Beale Seconder D ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Voter D ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. V. Public Hearings Resolution Adopting Proposed Amendment To Town Comprehensive Plan For The Purpose Of Changing The Designation Of Property From Medium Density Residential To Commerical In Connection With The Route 376 Holdings, Inc. Rezoning Request RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Resolution Introducing Local Law No. 1 of 2018 Which Would Amend Chapter 240, Zoning, of the Town Code by Rezoning Property from the R-40 One -Family Residence District to the General Business (GB) District in Connection with the Route 376 Holdings, Inc. Rezoning Request RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VI. Public Portion 1. Motion To: Open Public Portion Barbara Mercante from 4 Hackensack Heights Drive wanted an explanation. Supervisor Thurston explained the renovation of the Route 376 gas station. Cindy Farmer from 7 Town of Wappinger Page 2 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 Hackensack Heights Drive asked for more detail on the buffer zone. The planner explained the situation from the map on the easel. The owner will take care of the contamination of the soil. A resident from 2 Hackensack Heights complained that they did not receive any notices. Chazen Associates assured that they had sent out the notices. Chris from Chazen explained that the applicant will be responsible for cleaning and removing the contamination and conform to the standards going forward. Supervisor Thurston recommended having a DEC rep at the forthcoming planning board meetings. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VII. Resolutions RESOLUTION: 2018-51 Resolution Adopting Proposed Amendment To Town Comprehensive Plan For The Purpose Of Changing The Designation Of Property From Medium Density Residential To Commercial In Connection With The Route 376 Holdings, Inc. Rezoning Request WHEREAS, the Town Board is considering an amendment to the Town Comprehensive Plan for the purpose of changing the designation of property from Medium Density Residential to Commercial in connection with the Route 376 Holdings, Inc. rezoning request; and WHEREAS, the subject property is part of tax parcel 6259-04-540266 (the "Subject Property"), which is located immediately to the north and east of tax parcel 6259-04-530251 which is on the northeast corner of New Hackensack Road (Route 376) and Hackensack Heights 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 WHEREAS, a Public Hearing was held on February 26th, 2018 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 above mentioned property and an amendment to the Town Comprehensive Plan regarding the 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 Town of Wappinger Page 3 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 "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, in response to said referral the Town Planning Board responded with: "a favorable review" 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 offered comments and concluded that: "It 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 Route 376 Holdings, Inc. Amendment to Comprehensive Plan," and dated December 5, 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. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-51 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter D ..0...... ❑ ❑ ❑ ❑ Defeated William H. Beale Voter .... ❑ .. ❑ .... ❑ .... ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert 7ohnstonSeconder .................... .......... 0 ...... ❑ ...... ❑ ......❑ ...... ❑ .....❑ ..... Michael Kuzcz mi Mover, 0...... ❑ Dated: Wappingers Falls, New York Town of Wappinger Page 4 Printed 3/6/2018 Regular Meeting February 26, 2018 Minutes February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-52 Resolution Adopting Local Law No. 1 Of 2018 Which Would Amend Chapter 240, Zoning, Of The Town Code By Rezoning Property From The R-40 One -Family Residence District To The General Business (Gb) District In Connection With The Route 376 Holdings, Inc. Rezoning Request WHEREAS, the Town Board is considering the adoption of Local Law No. 1 of 2018 which would amend Chapter 240, Zoning, of the Town Code by rezoning property from the R-40 One - Family Residence District to the General Business (GB) District in connection with the Route 376 Holdings, Inc. rezoning request; and WHEREAS, the subject property is part of tax parcel 6259-04-540266 (the "Subject Property"), which is located immediately to the north and east of tax parcel 6259-04-530251 which is on the northeast corner of New Hackensack Road (Route 376) and Hackensack Heights Road; 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 February 26th, 2018 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, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the rezoning of the above mentioned property and an amendment to the Town Comprehensive Plan regarding the property; 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 February 26th, 2018 and pursuant to the State Environmental Quality Review regulations, the Town Board adopted a 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; 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 with: "a favorable review;" and 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: "It is a Matter of Local Concern" and Town of Wappinger Page 5 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 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.1 of 2018, 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 -2018-52 No/Nay Abstain Absent 0 AdoptedYes/Aye ....... "......... ........... .................. ....... ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ Defeated William eale .....................Voter................ .... .. . .......D....... .... ..""".. .......❑........,.........❑....... " . ......❑...... " ❑ Tabled Angela Bettina ...................... ,Voter a o" ........,........ ❑ ❑ ❑ Withdrawn Robert Johnston Seconder.........D........,........❑ ............ ❑........,....... ...... ❑..... ..... Michael Kuzmicz Mover D....... ❑...... ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-53 Resolution Accepting Petition, Map, Plan & Report For Extension Of The United Wappinger Sewer District On Behalf Of Lucille Cohen Trust (UWWD Extension No. 5) WHEREAS, the Lucille Cohen Trust ("Cohen") is the owner of certain real property located in the Town of Wappinger at 195 All Angels Hill Road ("Cohen Parcel") and WHEREAS, Cohen submitted to the Town a Petition pursuant to Article 12 of the Town Law requesting an extension of the United Wappinger Sewer District to provide sanitary sewer service to the Cohen Parcel; and WHEREAS, this Petition shall be known as United Wappinger Sewer District Extension Number 5; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report, last dated February 2018, for the United Wappinger Sewer District Extension, a copy of which is attached to the Petition; and NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 6 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that extension of sewer service to the Cohen Parcel is a Type H action pursuant to 6 NYCRR 617.5(c)(11). 3. The Town Board hereby accepts the Petition for the Extension of the United Wappinger Sewer District submitted by Cohen for UWSD Extension No. 5 and determines that the petition satisfies the criteria of Town Law § 191 in that it is signed by all of the owners of taxable real property situate in the proposed extension. 4. The Town Board hereby accepts the Map, Plan and Report for UWSD Extension No. 5 to the United Wappinger Sewer District prepared by Morris Associates Engineering Consultants, PLLC, last dated February 2018, a copy of which is annexed to the Petition. 5. The Town Board hereby directs the Town Clerk to file in his office the Petition with annexed Map, Plan and Report for the proposed UWSD Extension No. 5 in accordance with the provisions of Article 12 of the Town Law. 6. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan and Report to any other agencies for purposes of receiving the necessary approvals for UWSD Extension No. 5. The Town Board directs that the Town Clerk forward a certified copy of this Resolution together with a copy of the Petition with exhibits, including the Map, Plan and Report above mentioned, to Orrick, Herrington & Sutcliffe, LLP, to prepare the necessary proceedings, findings and public interest order necessary to extend the United Wappinger Sewer District in accordance with the subject Petition, the attached Map, Plan and Report and Article 12 of the Town Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-53 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Bcale Voter 0 ❑ ❑ ❑ ❑ Tabled ftelaBettina Voter D ❑ ❑ ❑ El Withdrawn J Robert ohnston .....................Seconder Mover ........ D ................... o ........ ......... o ......... ❑ .........❑ ..... Michael Kuzmicz 0 ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-54 Resolution Authorizing Execution Of Dog Control Housing Agreement With Dutchess County SPCA WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and Town of Wappinger Page 7 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York 12538; and WHEREAS, in accordance with Agriculture and Markets Law §115(2), the Town Board wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has presented to the Town a Dog Control Housing Agreement, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above described. 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 of Wappinger hereby approves the Dog Control Housing Agreement, in the form annexed hereto and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger. The Town Clerk is hereby directed to forward the Agreement to the DCSPCA for its signature along with a certified copy of this resolution. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-54 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter0 El El lDefeated -William H. Beale ..............- Mover.... ..... D .... El......,........❑...... ❑ ... ElTabled Angela Bettina......................... Voter ... D....... ❑ ......,...... ❑ .. ...❑...... ElWithdrawn Robert Johnston ....................Seconder.........D...... Voter D ❑ .................. ................. ❑ ❑ .❑..... Michael Kuzmicz ❑ ❑...... Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-55 Resolution Authorizing Refund Of Unused Escrow For Berisha Apartments Site Plan (Account 17-3362) WHEREAS, on or about February 3, 2017, Kent Road Associates, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 17- 3362; and WHEREAS, total escrow deposits in the amount of Eight Thousand Six Hundred Seventy 00/100 Dollars ($8,670.00) were received from the Applicant for payment of the fees of the Town's professionals to review the application; and WHEREAS, all professional fees incurred during the review of the application have been paid and there remains a balance of Three Thousand Seven Hundred Eighty 20/100 Town of Wappinger Page 8 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 Dollars ($3,780.20) in escrow account number 17-3362 and Applicant has requested a refund and the Town Accountant has audited the escrow account and reviewed the amount due. 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 authorizes a refund to Kent Road Associates, LLC in the amount of Three Thousand Seven Hundred Eighty 20/100 Dollars ($3,780.20) from escrow account number 17-3362, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2018-55 Original Total Assessment Final Assessment Reduction in Assessment 2017 $595,000 $595,0000 -0- Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston .. Voter 0 El❑ ❑ El Defeated William H. Beale................... ...................... o''t'e'r..... .........ec.....ond....er D ... ......... ..E ❑ ... ..E ...❑ .................. ❑ ....... El Tabled Angela Bettina . S D ❑ ❑ ❑ El Withdrawn RobertJohnston 'Cz Voter .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ElMichaels a Mover Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-56 Resolution Authorizing The Settlement Of Tax Certiorari Proceeding Regarding Inspire Dutchess, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by Inspire Dutchess, LLC regarding the parcel of real property located at 135 Cooper Road, Grid No. 6156-02-872849-00000, seeking a reduction in the 2017 tax assessment for the 2017/2018 tax roll; and WHEREAS, the owners of the above referenced parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel have recommended settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017 as It pertains to: Grid No.: 6156-02-872849-00000 Year Original Total Assessment Final Assessment Reduction in Assessment 2017 $595,000 $595,0000 -0- and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. Town of Wappinger Page 9 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-56 Original Total Assessment Final Assessment Reduction in Assessment 2017 $4,945,000 $4,945,000 -0- AssessmentReducti Yes/Aye Abstain Absent D Adopted 2017 ......No/Nay .. -0- ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeSeconder ................... 0 ❑ ❑ El. ❑ Tabled ftelaBettina Voter D ❑ ❑ ElElWithdrawn RobertJohnston ....................... Voter ............... D ................... ❑ ❑ .................. ❑ Michael ki zm ( z Mover D ❑.................... ❑ ❑....... Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-57 Resolution Authorizing The Settlement Of Tax Certiorari Proceeding Regarding Imperial Gardens, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by Imperial Gardens, LLC, regarding real property located at Imperial Boulevard, of Wappingers Falls, Grid No. 6158-20-751120-0000, Grid No. 135601- 6158-19-722118-0000 and Grid No. 135601-6158-19-689109-0000 seeking a reduction in the 2017 tax assessments for the respective tax roll, for the apartment complex known as Imperial Gardens, LLC; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel to the Town have recommended a settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017 as It pertains to: Grid No.: 135601-6158-19-689109-0000 Year Original Total Assessment Final Assessment Reduction in Assessment 2017 $4,945,000 $4,945,000 -0- Grid No.: 135601-6158-19-722118-0000 YearOriginal Total AssessmentFinal AssessmentReducti on in Assessment 2017 $4,945,000 $4,945,000 -0- Grid No.: 135601-6158-20-751120-0000 Town of Wappinger Page 10 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 YearOriginal Total Original Total Assessment Revised Total Assessment Reduction AssessmentFinal $324,500 $286,150 $38,350 AssessmentReducti Yes/Aye No/Nay on in Assessment Absent D Adopted 2017 $ 10,000 $ 10,000 -0- RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2018-57 Original Total Assessment Revised Total Assessment Reduction 2017 $324,500 $286,150 $38,350 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeSeconder ... .................... 0 ....... ..... ❑ ....... ..... ❑ ...... .... El ...... . El Tabled AnelaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Johnston . Voter D ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-58 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Aval Company, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by Aval Company, LLC regarding real property located at Imperial Boulevard, Grid No. 135689-6158-04-674170-0000, seeking a reduction in the 2017 tax assessment for that respective tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2017, as it pertains to: Grid No.: 135689-6158-04-674170-0000 Assessment Year Original Total Assessment Revised Total Assessment Reduction 2017 $324,500 $286,150 $38,350 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. Town of Wappinger Page 11 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2018-58 Revised Total Reduction Assessment Assessment 2016 $2,200,000 $2,000,000 $200,000 2017 $2,200,000 $2,000,000 $200,000 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated William H. Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Voter D ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-59 Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Walgreen Eastern Co., Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2016 and 2017 by Walgreen Eastern Co., Inc. regarding real property located at 1575 Route 9 in the Village of Wappingers Falls, bearing Grid # 6158-19- 508181, the site of a Walgreens drugstore, seeking a reduction in the 2016 and 2017 tax assessments for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2016 and 2017, as it pertains to: Grid # 6158-19-508181 Year Original Total Revised Total Reduction Assessment Assessment 2016 $2,200,000 $2,000,000 $200,000 2017 $2,200,000 $2,000,000 $200,000 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2018-59 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston .. Voter 0 El❑ ❑ El Defeated William H. Beale................... ...................... o''ier..... .........ec.....ond....er D ..E... ......... ❑ ... ...❑ .... .............. ❑ ....... El Tabled Angela Bettina . S D ❑.... ❑ ❑ El Withdrawn RobertJohnston lCz Voter .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ElMichaels a Mover Town of Wappinger Page 12 Printed 3/6/2018 Regular Meeting Dated: Wappingers Falls, New York February 26, 2018 Minutes February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-60 Authorizing The Settlemen Of The Tax Certiorari Proceeding Regarding Hp Coolidge Maloney WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2013, 2014, 2015, 2016 and 2017 by HP Coolidge Maloney Road, LLC regarding real property located at Maloney Road, in the Town of Wappinger, commonly known as Village Crest Apartments, Grid Nos. 6259-02-538866, 6259-02-548878, 6259-02- 564876, 6259-02-575863, 6259-02-583857, 6259-02-593861, 6259-02-635855, 6259-02- 705840, 6259-02-681675 and 6259-02-753743, seeking a reduction in the 2013 through 2017 tax assessments for their respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of these tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2013 through 2017, as it pertains to: Grid 4 6259-02-538866 Year Original Total Assessment Revised Total Assessment Reduction 2013 $135,000 $135,000 $0 2014 $135,000 $135,000 $0 2015 $135,000 $135,000 $0 2016 $135,000 $135,000 $0 2017 $135,000 $135,000 $0 Grid 4 6259-02-548878 YearOriginal Total AssessmentRevised Total Assessment Reduction 2013 $147,000 $147,000 $0 2014 $147,000 $147,000 $0 2015 $147,000 $147,000 $0 2016 $147,000 $147,000 $0 2017 $147,000 $147,000 $0 Grid 4 6259-02-564876 YearOri inal Town of Wappinger Page 13 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 Total AssessmentRevised Total Assessment Reduction 2013 $148,000 $148,000 $0 2014 $148,000 $148,000 $0 2015 $148,000 $148,000 $0 2016 $148,000 $148,000 $0 2017 $148,000 $148,000 $0 Grid 4 6259-02-575863 YearOriginal Total AssessmentRevised Total Assessment Reduction 2013 $2,200,000 $2,200,000 $0 2014 $2,200,000 $2,200,000 $0 2015 $2,200,000 $2,200,000 $0 2016 $2,200,000 $2,200,000 $0 2017 $2,200,000 $2,200,000 $0 Grid 4 6259-02-583857 YearOriginal Total AssessmentRevised Total Assessment Reduction 2013 $2,800 $2,800 $0 2014 $2,800 $2,800 $0 2015 $2,800 $2,800 $0 2016 $2,800 $2,800 $0 2017 $2,800 $2,800 $0 Grid 4 6259-02-593861 YearOriginal Total AssessmentRevised Total Assessment Reduction 2013 $700,000 $700,000 $0 2014 $700,000 $700,000 $0 2015 $700,000 $700,000 $0 2016 $700,000 $700,000 $0 Town of Wappinger Page 14 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 2017 1 $700,000 1 $700,000 1 $0 Grid 4 6259-02-635855 YearOriginal Total Total Total Total Assessment AssessmentRevised AssessmentRevised $440,500 $440,500 $0 Total Assessment $440,500 $440,500 $0 Total Assessment Reduction Reduction $4,400,000 $4,400,000 $0 2014 2013 $6,767,200 $5,767,200 $1,000,000 2014 $6,767,200 $5,967,200 $ 800,000 2015 $6,767,200 $6,167,200 $ 600,000 2016 $6,767,200 $6,367,200 $ 400,000 2017 $6,767,200 $6,567,200 $ 200,000 Grid 4 6259-02-705840 YearOriginal Total Total Total Assessment AssessmentRevised 2016 $440,500 $440,500 $0 Total Assessment $440,500 $440,500 $0 Reduction 2013 $4,400,000 $4,400,000 $0 2014 $4,400,000 $4,400,000 $0 2015 $4,400,000 $4,400,000 $0 2016 $4,400,000 $4,400,000 $0 2017 $4,400,000 $4,400,000 $0 Grid 4 6259-02-681675 YearOriginal Total AssessmentRevised Total Assessment Reduction 2016 $869,900 $869,900 $0 2017 $869,900 $869,900 $0 Grid 4 6259-02-753743 YearOriginal Total AssessmentRevised Total Assessment Reduction 2016 $440,500 $440,500 $0 2017 $440,500 $440,500 $0 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. Town of Wappinger Page 15 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-60 Revised Total Assessment Reduction 2015 $11,382,400 $11,382,400 $0 2016 $11,382,400 $10,382,400 $1,000,000 2017 $11,382,400 Yes/Aye $1,415,620 Abstain Absent D Adopted Voter 0....... ......No/Nay .. El lDefeated ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ................... Voter ....,....... .................... D ......,...... ❑ ..... ❑ .... ....... ..... ❑..... ....... .. ❑ Tabled Angela Bettina Voter D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Seconder .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Mover Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-61 Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding HD Development Of MD Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2015, 2016 and 2017 by HD Development of MD, Inc. regarding real property located at 1570 Route 9, Wappingers Falls, Grid 4 6158-19-623204- 0000, seeking a reduction in the 2015, 2016 and 2017 tax assessment for those respective tax rolls for the property occupied by the Home Depot store; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of these tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2015, 2016 and 2017, as it pertains to: Grid 4 6158-19-623204-0000 Year Original Total Assessment Revised Total Assessment Reduction 2015 $11,382,400 $11,382,400 $0 2016 $11,382,400 $10,382,400 $1,000,000 2017 $11,382,400 $ 9,966,780 $1,415,620 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-61 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0....... El El lDefeated William H. Beale Voter .... ................................................o D ❑ .................. 0 ....... El Tabled ........................ Angela Bettina Voter.... .......0....... ...... ❑.................❑ .................❑ ..... ❑ Withdrawn Robert Johnston ..................... Seconder ........... 0 ................... ❑ ................ ❑.................. ❑ ..... Town of Wappinger Page 16 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-67 Resolution designating March as "Music in Our Schools Month" PLACEHOLDER To be placed on the Dais By the Supervisor's Department The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-67 Yes/Aye.. No/Nay. Abstain.. Absent D Adopted ............... ❑ Adopted as Amended Richard Thurston Voter 0 ...................❑ ❑ ....... ❑ ❑ ❑ Defeated William H. Beale ..................Voter ... ....... .. ...... D ....... ....... ..0.. ..... ,...... ❑ .... ❑ .... ...... . ❑ Tabled An�elaBettina ote Voter D ❑ ❑ ❑ ❑ Withdrawn Robed Johnston Seconder .Mover ............. D .................. ❑ ................... ❑ ................. ❑ Michaefi a cz D ❑ ❑ ❑....... Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-68 A Resolution Making Certain Determinations In Relation To And Approving The Establishment Of Extension No. 6 (Tall Trees Extension) To United Wappinger Water District Of The Town Of Wappinger, Dutchess County, New York, Pursuant To Article 12 A Of The Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of Extension No. 6 (Tall Trees Extension) to United Wappinger Water District of said Town (the "Extension"); WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof, WHEREAS, said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District shall be bounded and described as hereinafter set forth; WHEREAS, the improvements proposed for said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District consists of the installation of an 8" water main with pressure reducing valve vault, including original equipment, machinery, apparatus, appurtenances, land or Town of Wappinger Page 17 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 rights -in -land, and incidental improvements and expenses in connection therewith, as more fully described in the aforesaid map, plan and report; WHEREAS, the maximum amount proposed to be expended for said improvement is $621,400; WHEREAS, said capital project has been determined to be a "Type 11 Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA" ), including 6 NYCRR Part 617.5(c)(11), the implementation of which as proposed, the Town has determined, as so defined, will not result in any significant adverse environmental impact and SEQRA compliance materials are on file in the office of the Town Clerk where they may be inspected during normal office hours, and the establishment of said Extension is likewise a "Type II Action"; and WHEREAS, the proposed method of financing the cost of said improvements consists of (a) the expenditure of $375,000 grant-in-aid monies to be received by the Town, and (b) the issuance of not to exceed $246,400 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from an annual assessment upon the several lots or parcels of land in said Extension which the Town Board shall determine and specify to be specially benefitted thereby in proportion to the benefit derived therefrom, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, there are no estimated costs of hook-up fees to the typical property in Extension No. 6 (Tall Trees Extension) to United Wappinger Water District, being a residential single family home, as existing property owners in the proposed Extension are residents of the existing Tall Trees Water Improvement Area; and WHEREAS, the estimated cost of the establishment of the Extension No. 6 (Tall Trees Extension) to United Wappinger Water District to the typical property therein is $593.00 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid (and would be $821.86 if the anticipated grants-in-aid were not received therefor); and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof, and WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby incorporated herein and consist of and are coterminous with the boundaries of the Tall Trees Water Improvement Area; and WHEREAS, an Order was duly adopted by said Town Board on September 11, 2017, reciting a description of the boundaries of said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Clerk's Office for public inspection and specifying the 101' day of October, 2017, at 7:30 o'clock P.M., Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District with the boundary as described herein and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; Town of Wappinger Page 18 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The notice of hearing was published and posted as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District; and d) The establishment of said proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District is in the public interest. Section 2. The establishment of Extension No. 6 (Tall Trees Extension) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefor consisting of the installation of an 8" water main with pressure reducing valve vault, including original equipment, machinery, apparatus, appurtenances, land or rights -in -land, and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Extension No. 6 (Tall Trees Extension) to United Wappinger Water District of $621,400, are hereby approved. Section 3. Said Extension No. 6 (Tall Trees Extension) to United Wappinger Water District with boundary as described herein shall be bounded and described as set forth in Appendix A attached hereto and hereby made a part hereof. Section 4. The Town Clerk shall, within ten (10) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. Section 5. This resolution is adopted subject to permissive referendum. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-68 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 El❑ ❑ El Defeated William H. Beale ... Mover ....... ............... D ......... ❑ ....... ......... ❑ ....... ................ ❑ .. El Tabled An�elaBettina ...................... ote Voter ............ D ................. ❑ ............. ❑ ................ ❑ ........ ❑ Withdrawn Robed 7ohnston 'Cz Voter ........ D .................❑....... ❑ i ❑ ,........❑...... ❑ ..... Michael i u Seconder D ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 19 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 VIII. Items for Special Consideration/New Business 1. 2. 3. Motion To: Acknowledgement of Committee Appointments by Supervisor for Contract Negotiations - CSEA and Teamsters Contract negotiations with CSEA and Teamsters with Supervisor Thurston and Deputy Supervisor Johnston as the Doint of contact. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Motion To: Acknowledgement of Committee Appointments by Supervisor for Contract Negotiations - Altice and Verizon FIOS Contract negotiations with Altice and Verizon FIOS with Supervisor Thurston and Deputy Supervisor Johnston as the point of contact with help from the Town Clerk as needed with regard to the equipment. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Motion To: Acknowledgement of Committee Appointments by Supervisor for Contract Negotiations - Little League and Collegiate Little League Contract negotiations with League and Collegiate Little League with Supervisor Thurston and Deputy Supervisor Johnston as the point of contact with help from the Director Fulton as needed keeDina Councilman Kuzmicz informed. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 4. Motion To: Purchase 7 New Board Chairs To Purchase 7 new chairs for the Dais from Town Board RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz line item. Town of Wappinger Page 20 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 5. Provide 'Up -To -Date' copies of the Comprehensive plan for the new board members. Planner Stolman agreed to get up-to-date copies of the Comprehensive plan for the new board members. IX. Executive Session - Contract Issue and Planning and ZBA Appointments 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz X. Resolutions After Executive Session RESOLUTION: 2018-65 Resolution Appointing Members To Town Of Wappinger Zoning Board Of Appeals WHEREAS, the term of Richard Travis as a Member of the Zoning Board of Appeals expired on December 31, 2017; and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby appoints Thomas Dellacorte of I Booth Boulevard, Wappingers Falls, NY 12590 as a Member to the Zoning Board of Appeals for a five (5) year term with the term expiring on December 22, 2022. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-65 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 El❑ ❑ El Defeated William H. BealeVoter ... ....... ......... D ....... ......... ❑ ....... ❑ ....... ................ ❑ .. El Tabled AnelaBettina Voteote r ElEl❑ ❑ El Withdrawn Robert Johnston .................. Mover ...Seconder ........ D ........,............... o o ,........❑...... ❑ ..... l Kuzmi Michaecz D ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 21 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 RESOLUTION: 2018-64 Resolution Appointing Members To Town Of Wappinger Zoning Board Of Appeals WHEREAS, Robert Johnston resigned as a Member of the Zoning Board of Appeals leaving a vacancy on the Zoning Board of Appeals for the unexpired term which term is due to expire on December 31, 2018; and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby appoints Robert Haas of 65 DeGarmo Hills Road, Wappingers Falls, NY 12590 as a Member to the Zoning Board of Appeals to fill the unexpired term of Robert Johnston which term is due to expire on December 31, 2018. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-64 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston ................ Voter D ❑ ❑ ❑ El Defeated William H. Beale Mover 0 ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert 7ohnston ....................Voter.... Seconder 0 .......0...... El ❑ .❑...................................... ❑ MichaelKuzmicz D ❑...... 0 EJ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-66 Resolution Appointing Member To Town Of Wappinger Planning Board WHEREAS, Angela Bettina was previously appointed to the Planning Board for a seven (7) year term expiring December 31, 2018, however, Angela Bettina was elected to the Town Board and has resigned her position as a Member of the Planning Board. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby appoints Muhammed Hussain of 18 Carmel Heights, Wappingers Falls, NY 12590 as a Member to the Planning Board to fill the unexpired seat of Angela Bettina which term is due to expire on December 31, 2018. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-66 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 El❑ ❑ El Defeated William H. Beale ... Mover ....... .......... D ....... ......... ❑ ....... ......... ❑ ....... ..... ❑ ................ ❑Tabled AngelaBettina ...................... ote Voter ......... D ................. ❑ ............. ❑ .................. ❑ ....... . ❑ Withdrawn Robert 7ohnston .....................Voter Seconder; ................ D ................... ❑ ................. ❑ .................. ❑ ....... Michael ki zm (z D ❑ 0 EJ Dated: Wappingers Falls, New York February 26, 2018 Town of Wappinger Page 22 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-62 Resolution Appointing Member To Town Of Wappinger Planning Board WHEREAS, Francis Malafronte was previously appointed to the Planning Board and his term expired on December 31, 2016 and the Town Board has not made an appointment to fill the vacant seat which appointment would expire December 31, 2023; and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby appoints Robert Ceru of 7 Kendall Drive, Wappingers Falls, NY as a Member to the Planning Board to fill the vacant seat which term expires December 31, 2023. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-62 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston ................ Voter ❑ D ❑ ❑ El Defeated William H. Beale Mover 0 ❑ ❑ ❑ ❑ Tabled AnelaBettina Seconder 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Voter D El ❑ ❑ ae Michl Kuzmicz Voter ❑ D ❑ ❑ Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-63 Resolution Appointing Member To Town Of Wappinger Planning Board WHEREAS, June Visconti was previously appointed to the Planning Board for a seven (7) year term expiring December 31, 2017, and WHEREAS, a vacancy exists on the Planning Board for a seven (7) year term expiring December 31, 2024, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby appoints J. Christopher Phillips of 16 Robin Lane, Wappingers Falls, NY 12590 as a Member to the Planning Board to fill the seven (7) year term of the seat previously held by June Visconti which seven (7) year term is due to expire on December 31, 2024. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-63 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter ❑ 0 ❑ ❑ ❑ Defeated William H. Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Voter ❑ D ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Town of Wappinger Page 23 Printed 3/6/2018 Regular Meeting Minutes February 26, 2018 XI. Dated: Wappingers Falls, New York February 26, 2018 The Resolution is hereby duly declared Adopted. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 8:47 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page 24 Printed 3/6/2018 as o0 yJ T � C -3 T 0 0 N N � N N C N N a 0o Qy N to m 7� C 'N O O 0 L �, O C � N � L •0 � O N O O N CL 0 o �= M� � J W N o �CO T N � N N w N CO G N N oco co f r T J � N N `- N h O VI U. Al G L 0 r - O0 N L)ui L ca U O MMO 3 3 O o N N .0 O O E O a ZN N co N N O C7 L O co O N CA W c� N N O O O t= d t V ca Q TOWN JUSTICE HEATHER L. KITCHEN February 12, 2018 TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 • (845) 297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hail 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Report for the month of January, 2018: Dear Supervisor Thurston and Members of the Town Board; TOWN JUSTICE CARL S. WOLFSON The following is a report of the cases disposed of during the month of January, 2018; 23 Penal Law matters resulting in $580.00 collected in fees. 365 Vehicle and Traffic Law matters resulting in $31,483.00 collected in fines and fees. 1 Town Ordinance matters resulting in no monies collected. 24 Civil matters resulting in $116.00 collected in fees. 33 Termination of Suspension fees resulting in $2,310.00 collected. 1 DNA fee collected in the amount of $50.00. I have forwarded a check in the amount of $34,539.00 to the Town of Wappinger Comptroller. Additionally, I am holding $17,020.00 in pending bail. t sub Carl S. Wolfson, Town Justice cjoseph Paoloni, Town Clerk FEB 12 2018 TOWN OF WAPPINGER TQW tm .,. W N N O 0o 0 a� E V Q rev 1/22/16 OFFICE USE ONLY F Original Q Amended Date NEW YORK I Sete Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a STATE OF OPPMUNITY. Authority Local Municipality or Community Board (Pape 1 of 2 ) 1. Date Notice Was Sent: Feb 16, 2018 1a. Delivered by: Certified Mail Return Receipt Requested 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ❑ New Application ❑X Renewal [_] Alteration [] Corporate Change ❑ Removal ❑ Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board: Wappingers Town Clerk's Office Applicant/Licensee Information 4. License Serial Number, if Applicable: 2125663 Expiration Date, if Applicable: 04/30/2018 5. Applicant or Licensee Name: Kodomo Asian Bistro Of Jiang Inc 6. Trade Name (if any): Kodomo Asian Bistro 7. Street Address of Establishment: 1557 Route 9 8. City, Town or Village: Wappingers Fall ,NY Zip Code] 12590 9. Business Telephone Number of Applicant/Licensee: 1845-2960111 10. Business Fax Number of Applicant/Licensee: - 11. Business E-mail of Applicant/Licensee; kodomony@gmail.com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider X❑ Liquor, Wine, Beer & Cider 13. Extent of Food Service: X❑ Full food menu; ❑ Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: Restaurant 15. Method of Operation: (Check all that apply) Seasonal Establishment ❑ Juke Box ❑ Disc Jockey ❑ Recorded Music ❑ Karaoke Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel Other (specify): 16. Licensed Outdoor Area: ❑X None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): FEB 16 2018 TOWN OF WAPPINGER TOWN CL Packet Pg. 27 rev 1/22/16 OFFICE USE ONLY F in o or �-, al 0 Amended Date Jl'NEWYORK State Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a STMEwaOF 1E. oppolffl"' Authority Local Municipality or Community Board (Page 2 of 27 17. List the floor(s) of the building that the establishment is located on:. lGround floor 18. List the room number(s) the establishment is located in within the budding, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? 0Yes (�)No 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? (j)Yes 0 No 21, If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee, 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) a No Owner of the Building in Which the Licensed Establishment is Located 23, Building Owner's Full Name: lOrmater Development Corp. 24. Building Owner's Street Address: 125 Van Wager Rd, Poughkeepsie I State: New York 25. City, Town orVillage: — Zip Code :�12603 26, Business Telephone Number of Building Owner: 1845-473 0200 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: iNapas Ruangdech 28. Street Address: 505 Church St. 29. City, Town or Village: lWallingford State: ICT Zip Code :F06492 30, Business Telephone Number of Representative/Attorney: 1203,889 7938 31. Business Email Address: lohdavid2@gmaii.com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 32, Printed Name: IXiang Z Chen Title I President Signature: X State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Date of Adoption: February 26th, 2018 Name of Action: Resolution Amending the Town Comprehensive Plan and Local Law Amending Chapter 240, Zoning, of the Town Code in Connection with the Route 376 Holdings, Inc. Rezoning Request Implementing Regulations: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. Determination: The Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. SEQR Status: Unlisted Action Conditioned Negative Declaration: No Description of Action: The Proposed Action is a resolution amending the designation of property in the Town Comprehensive Plan from Medium Density Residential to Commercial, and a Local Law amending Chapter 240, Zoning, of the Town Code by rezoning property from the R-40 One -Family Residence District to the General Business (GB) District. Location: Town of Wappinger, Dutchess County Reasons Supporting This Determination: Proposed Action The Proposed Action is the adoption of a resolution by the Town Board which would amend the Town's Comprehensive Plan to change the designation of a portion of a parcel from the Medium Density Residential category to the Commercial designation on the Plan's Recommended Land Use Plan, and the adoption of a Local Law by the Town Board which would amend Chapter 240, Zoning, of the Town Code by rezoning said property from the R-40 One -Family Residence District to the General Business (GB) District in connection with the Route 376 Holdings, Inc. rezoning request. State Environmental Quality Review, Negative Declaration, Notice of Determination of Non -Significance Soils The project site contains the Haven loam, nearly level (He) soil type. According to Dutchess County Soil Survey information and the Natural Resource Conservation Service website, the Haven loam is a well drained soil with a depth to bedrock and depth to water table of greater than 80 inches. Therefore, the future potential development is not expected to encounter bedrock or a high water table during construction, and soils appear to be suitable for the installation of a subsurface sewage disposal system (SSDS). Based on this information, the Proposed Action and future potential development would not result in any significant adverse impacts related to soils. Wetlands According to the New York State Department of Environmental Conservation (NYSDEC) Environmental Resource Mapper, the project site does not contain any NYSDEC streams or wetlands or National Wetland Inventory wetlands. Water and Wastewater The future potential development of the site would require a new water supply well and a SSDS, which would require review and approval by the Dutchess County Department of Health (DCDOH). According to the NYSDEC Design Standards for Intermediate Sized Wastewater Treatment Systems, March 2014, a service station/convenience store is expected to result in 15 gallons per day (gpd) per toilet water usage and wastewater generation, and retail space is expected to result in 0.1 gpd per square foot (SF) of floor area plus 15 gpd per employee. Therefore, the future proposed 2,870 SF gasoline filling station with convenience mart with 8 employees would result in 437 gpd water usage and wastewater generation, or 350 gpd assuming a 20% reduction for the use of water saving plumbing fixtures. The abandonment of the existing well would also require approval by DCDOH. Stormwater Future development of the 2.03 -acre site for a gasoline filling station with convenience store may result in 1.17 acres of physical disturbance, and an increase in impervious surface of 0.44 acre. The design plans and stormwater pollution prevention plan would be prepared in conformance with the New York State Stormwater Management Design Manual, dated January 2015, and New York State Standards and Specifications for Erosion and Sediment Control, dated August 2005, at the time of site plan review. The Proposed Action is not expected to result in any adverse impacts in regard to stormwater. Traffic Future potential development of the 2.03 -acre site with a 2,870 SF gasoline filling station with convenience store would result in an increase in traffic at the site. According to the Institute of Transportation Engineers (ITE) Trafficware software, 2014, (which is based on ITE Trip 2 State Environmental Quality Review, Negative Declaration, Notice of Determination of Non -Significance Generation, 9t" Edition), Land Use Code 853 for a Convenience Market with Gasoline Pumps estimates 40.92 vehicle trips per weekday a.m. peak hour of adjacent street traffic and 50.92 vehicle trips per weekday p.m. peak hour of adjacent street traffic. Therefore, the future proposed 2,870 SF facility may generate 117 vehicle trips during the weekday a.m. peak hour and 146 vehicle trips during the weekday p.m. peak hour. Further evaluation of traffic impacts would occur during the site plan review process. Noise, Odor and/or Lighting Future development of the 2.03 -acre site for a gasoline filling station with convenience store is not expected to generate noise that exceeds the local ambient noise levels along Route 376. Noise generated during demolition and construction activities will be temporary, and will be limited to the hours of 7:00 a.m. to 7:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends in accordance with Chapter 166, Section 166-7.C, of the Town Code. The facility would be well -lit and all exterior lighting shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties. Illumination beyond the property line will not exceed 0.5 footcandles in accordance with Section 240-23 of the Zoning regulations. Hours of lighting may be limited by the Planning Board during the site plan review process. Solid and Hazardous Waste Future potential development of the 2.03 -acre site with a gasoline filling station with convenience store will generate solid waste during demolition activities and operation of the facility. According to the Urban Land Institute Development Impact Assessment Handbook, 1994, a retail use is expected to generate 0.001 tons per day per employee. The future facility with approximately 8 employees would be expected to generate 0.008 tons of solid waste per day or 0.24 tons per month. Solid waste would be transported off-site by a licensed solid waste hauler for disposal at the Dutchess County Resource Recovery Agency facility located on Sand Dock Road in Poughkeepsie. At the time of future development of the property, the existing underground petroleum storage tanks on the 0.46 acre parcel would be removed and any impacted soil would be removed and replaced under NYSDEC supervision. New double-wall fiberglass underground storage tanks would be installed and registered with NYSDEC in compliance with current NYSDEC regulations. Technologically advanced safety mechanisms would be used to ensure that the below -ground petroleum tanks will not leak into groundwater, including the use of double -walled fiber glass tanks and piping, in accordance with NYSDEC requirements. Vegetation and Wildlife The NYSDEC Environmental Resource Map indicates that there are known occurrences of endangered, threatened, or rare species in the vicinity of the project site. A U.S. Fish and Wildlife Service (USFWS) online consultation report indicates the potential for the following species in the M State Environmental Quality Review, Negative Declaration, Notice of Determination of Non -Significance vicinity of the project site: Dwarf Wedgemussel (endangered), Indiana Bat (endangered), and Northern Long -Eared Bat (threatened). The report indicates that there is no Critical Habitat on the project site. Future potential development of the site may result in 1.17 acres of physical disturbance and will include some tree removal. Since there are no water resources within the project site, no impacts to the Dwarf Wedgemussel would occur as a result of the proposed rezoning or future development of the site. Removal of trees may require restrictions to the time period when cutting is allowed, and consultation with the NYSDEC and the USFWS to ensure no impacts to the bat species. Historical and Archeological Resources According to the NYS Office of Parks, Recreation, & Historic Preservation's Cultural Resource Information System mapping, there are no National or State Historic Register sites on or adjacent to the project area, and the site is not located within a known archeologically sensitive area. Visual and Aesthetic Resources The area proposed for rezoning is currently vacant property that is mostly wooded, with an abandoned gas station and impervious surface on the adjacent parcel owned by the Applicant. Future development of the 2.03 -acre site with a gasoline filling station with convenience mart would eliminate the old, dilapidated structures and would feature appropriate fagade treatments and landscaping in line with the community character of the Town. Details on the architecture and landscaping will be determined by the Planning Board during the site plan review process. Community Character The Proposed Action is not expected to affect community character, since the proposed rezoning is consistent with the existing zoning and uses along Route 376 and New Hackensack Road. Uses in the vicinity of the project site include commercial uses such as restaurants and construction company offices along Route 376 and New Hackensack Road, the Dutchess County Airport, general office buildings, a medical office, and a religious facility. Residential development in the vicinity generally feature detached single-family homes. Route 376 is recognized as a commercial area of the Town and is a highly traveled State road. Future potential development of the site with a gas station with convenience store would serve residents, employees of nearby businesses, and visitors to the area, and is consistent with existing land uses along Route 376 and New Hackensack Road. The trees located along the perimeter and neighboring property would be maintained to reduce any potential visual effects on residential neighbors. The adjacent 0.46 -acre parcel owned by the Applicant currently contains an abandoned gas station with mostly impervious surface. With the proposed rezoning, future potential development of the 2.03 -acre site will include the removal of this dilapidated gas station, and removal of underground petroleum bulk storage tanks, and remediation of soils under NYSDEC supervision. 2 State Environmental Quality Review, Negative Declaration, Notice of Determination of Non -Significance Findings The Proposed Action is not expected to result in any significant adverse impacts on the environment. More specifically: 1. The Proposed Action does not directly involve construction on, or physical alteration of, any properties. 2. The Proposed Action will not have a significant adverse environmental impact with respect to any unique or unusual land forms. I The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. 4. The Proposed Action will not have a significant adverse environmental impact with respect to new or additional use of ground water, and will not have a significant adverse environmental impact with respect to the introduction of contaminants to ground water or an aquifer. 5. The Proposed Action will not have a significant adverse environmental impact with respect to the development of lands subject to flooding. 6. The Proposed Action will not have a significant adverse environmental impact on any State regulated air emission source. 7. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of flora or fauna. 8. The Proposed Action will not have a significant adverse environmental impact on agricultural resources. 9. The Proposed Action will not have a significant adverse environmental impact on any scenic or aesthetic resources. 10. The Proposed Action will not have a significant adverse environmental impact on any historic or archaeological resources. 11. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of recreational opportunities or with respect to a reduction of an open space resource as designated in any adopted municipal open space plan. 12. The Proposed Action will not have a significant adverse environmental impact on a Critica Environmental Area (CEA). 5 State Environmental Quality Review, Negative Declaration, Notice of Determination of Non -Significance 13. The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. 14. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in the use of any form of energy. 15. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in noise, odors or outdoor lighting. 16. The Proposed Action will not have a significant adverse environmental impact on human health from exposure to new or existing sources of contaminants. 17. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with adopted land use plans. 18. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with the existing community character. 19. The Proposed Action will not have a significant adverse environmental impact on the supply of housing in the Town. Conclusion: Based upon this information and the information in the Full Environmental Assessment Form, the Town Board finds that the Proposed Action will not have any significant adverse impacts upon the environment. This Negative Declaration indicates that no environmental impact statement need be prepared and that the SEQRA process is complete. Lead Agency: Wappinger Town Board Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 For Further Information Contact: Supervisor Richard Thurston Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 (845) 297-2744 J:\DOCS2\500\Wappinger\Code Amendments 2018\Rt 376 Holdings 907 neg dec.dhs.doc 101 -Feb, 16. 2018 3:5OPM No, 1819 P. 1 Dutchess County Department of';, �° °atm Planning and Development � Fapp t PrQm # . Fax CAS'; Cot M I4� 1 Phone # a ,# P6s 239 Planning/Zoning Referral - Exemption Communities .Municipality: Town ofWappingelr Referring Agency: l] Planning Board ❑ Zoning Board of Appeals Municipal Board Tax Percel Number(s): 6259-04-540266 Project Name: Local Law No, 12018.(Rezoning Prapertyv From R-40 to General Business) Applicant: ' w 7llp 140di, km- Address m-Address of Properly: NY 376 Pa mtel(s)wltlsrin y� '9tlo feet an W Stale Road NY 376 County Road CR 94 ❑ State Properly (w/public building or recreation area) ❑ .County Properly (wipublic building or recreation area) Municipal Bourmdary ❑ Farm operalrnn in an Agricultural District Aciloe: ReVIIHAo 239 Review ❑ ComprehensWMaster Plans Zoning Amendments (standards, fuses, definitions, district regulatlans, etc.) Razonhgs; Ihvalvemg all map changes ❑ Other Local Laws assodated with zoning (wetlands, hlstoric presenralion, affordable housing, architectural review, etc.) ❑ Sita Plans (all) ❑ Speraal Permits for all non-rasidenlal uses ❑ Use Variances for all non-resldendal uses . ❑ Area Variances for all non-rosidenlal uses 119 lVLrNr.1m1 MOS i1l<rgruled Adminisl;mM AmehdrflP-is procedures; penaWes, afc;)' Spedal Permits for residentiai uses (accessary apt$, home ocouloodons, etc.) . Use Variances For residential uses . Area Varianc.a0bussidential uses . Renewalsl6i' sion of Site Plans or Special Permits that have no changes from preutous approvals . SubdMslons ! Lot Line Adjust menis ■ Irsterpntatloris- . ... - _. .... , . I' ❑; F�iem�tAoilgi�thi�llled.�oi jiifoimal.r;auie�:1 Date Response Requested (if less than 30 days): February 15th, If subject of a previous referral, please note County referral number(s): ZRIB-036 * These actions are only exempt in mimidpaRtlas thbtslgned an Intermunicipal agreement with pfou p t a°+a,$i� FOR COUNTY OFFICE USE ONLY Respolnlae holm Dutcher County Department of PlanningAaVWo It �1 7H Cor entee Commernts Atteeheds 1 Matter of Local Concern ❑ Local Concern with Corrtmenl$ ❑ No ,lurisdlWon ❑ Conditional t ❑ No Authority CI penial ❑ Project Withdrawn ❑ lncompleto—munirdpallfymusf W*04t) Carmty ❑ Exempt from 239 Review ❑ Incomplete with Comments — munir0ali(ymrjst rdsubin f fB Coa* ❑ informal Comments Only (Action Exempt from 239-Rmlew) Date Submitted: K Notes: ❑ I4ajcr Project Date Received:r�� j Date Requested: @, I IS I 19 R Date Required: .11 dl II Response Faxed: ailed 130m v. Feb. 16. 2018 3.51PfV No. 1820 P, 1/1 DutchessCounty Department of ': TO T (6 lord _ � bate I tj I I f 1 iipgs Dept T Frog �(. P*KiTj Planning and Development , Fax #1l . 1 .1.29 —lair) n s I Phar It WrlLkrr 71a g Plannln oningI Referral - Exemption Communities Municipality Town of Wappinger Referring Agency; ❑ Planning Board ❑ Zoning Hoard of Appeals 91 Municipal Board Tax ParW Number(s); 6259-04-540266 Project Name; Amendxnetat to Comprehensive Plan (Rezoning Property from Medium Dewdty to. Commercial). Applicant: tzbuil*._3� ki Rohit C I Inc. Address of Properly; NY 376 Percal(s) wt#!tia llllOD fast a1: id State Road NY 376 Vr County Road CR 94 ❑ State Property (wipublic building or recreation area) ❑ County Property (wlpubk building or recreation area) Vr Municipal Boundary ❑ Farm operation in an Agricultural District Aa#lona ReqaIrIRg 239 kwolliow 0 ComprehensiwelMaster Plans ❑ 7nning Amendments (standards, uses, dennftlons, district regulations, etc.) to Razonings invoMng ail map changes ❑ Other Local Laws associated with zoning (wetlands, historic preservallon, affordable housing, erchkctural review, etc.) ❑ sit 6' Plans (all) ❑ Special Permits for all tan -residential uses ❑ use Variances for all non-residential uses ❑ Area Variances for all non-residential uses Ilboi it AaHoW 338 Ravkm Is. 111"Wi ra Adminlsh tMa� Amendm" Yen,-, s proCedun:,�, penalties; etG.) . Special.Re'�Orrest�en6aluses ! (accessory apts, home occupations, etc.) . Use Variances for residential uses I Area Variant%§for residential uses i . ReneaialslB7dlen'san bf Site Plans or Special Permits that have no changes from previous approvals • Subdivisions I Lot; I �e Ad u a15; • lnterpretabons-.,.. . Date Respollse Requested (if less than 30 days): February .5th If subject of a previous referral, please dote County referral number(s): zRZe_o35 * These actions are only exempt is municipaifties that signed an intermunicipal agreement with Duich@ss 4Qun#y 30 th MAN. e eft. a 4 t�, N.,,"a FOR COUN9Y OFRCr, 135 ONLY I P.- C 4, i Response from Dutchesas Cou0ty Deparbiment of PianningraW, N} Camm"tal Commsirts AtUcbad: ®Halter of Local Concern ❑ Local Concern v4 Comments r �' ❑ No Jurisdiction ❑ Conditional r ❑ No Authordy ❑ denial ❑ Pt r Wthd ❑ ajec I yawn Incomplete — munreipway must waumn to'Jaunty ❑ Exempt from 239 Review ❑ Incomplete Wlh Comments — municipality must fi& i d to664 ❑. Informal Comments Only (Action Exempt from 239 Review) - u, Date Submitted: I 1 3D l S Notes; ❑ Major Project is Date F�i41� _ �efved; l �. Date Requested;I �` Rete ;f: ` rrro 4 r Date Required: aLI tcs od Uate Response Faxed: 1p 1 ❑ o p Reviewer~„ ! j I Packet ' a 0 0 L Q E 0 U 3 0 r_ 0 >_ r_ 0 Q 0 rn 0 CL 0 a cm r_ CL 0 Q co 0 N CO W <a J 0 J L w 0 w 0 0 >_ ra Q NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) 1-19-18 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. 1 of the year 2018 A local law entitled "Local Law No. 1 of 2018 for the Purpose of Rezoning Property from the R-40 One -Family Residence District to the General Business (GB) District in Connection with the Route 376 Holdings, Inc. Rezoning Request." 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.) 0 Z 3 J 0 J Q! S CL 0 Q N X1'1 00 Tmm0 N N W W LOCAL LAW No. 1 OF THE YEAR 2018 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. 1 of 2018, for the Purpose of Rezoning Property from the R-40 One -Family Residence District to the General Business (GB) District in Connection with the Route 376 Holdings, Inc. Rezoning Request." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, of the Town Code by rezoning property from the R-40 One -Family Residence District to the General Business (GB) District in connection with the Route 376 Holdings, Inc. rezoning request. 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. Changing of Zoning District Designation of Property The zoning of a portion of the parcel listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Subject Property Owner's Name Existing Zoning New Zoning Number(s) Address and Address District District part of Route 376 Gas Land Holdings Corp R-40 One -Family General Business 6259-04-540266 Wappinger, NY 785 Broadway Residence (GB) Kingston, NY 12401 Section 4. 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 part of the parcel listed in Section 3 above, as shown on Exhibit A entitled, "Proposed Route 376 Holdings, Inc. Rezoning," dated December 5, 2017 and attached hereto. Section 5: 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. 2 0 Z 3 J V 0 J CL 0 Q N co 0 N co LU W Section 6: 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 7: 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 8: 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:\DOCS2\500\Wappinger\Code Amendments 2018\Rt 376 Holdings LL 907.dhs.doc M GB I .111 Legend amiiiiiiiiuw Existing Zoning District Boundary Existing Zoning District Boundary to be Removed iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Proposed Zoning District Boundary GB J U) J W U Z Q J J Q EXHIBIT A ROUTE 376 HOLDINGS, INC. PROPOSED REZONING Town of Wappinger, New York t I NOTE N This map was compiled from multiple datasets with different scales and projections and should only be used for pn-1 planning proposes. Et Proposed Rezoning from R-40 to GB __j CM S r- 0 N d ROUTE 3' 6 32c tD ti M d W ma FREDERICK P. CLARK ASSOCIATES, INC Q Planning/Development/Environment/Transportation FEET I 400 300 200 100 0 400 November 13, 2017 Town of Wappinger Ms. Lori Jiava, Supervisor 20 Middlebush Road Wappingers Falls, NY 12590 Dear Ms. Jiava: 636 Violet Avenue Hyde Park, NY 12538 845 -452 -SPCA www.dcspca.org PMCEIVE 0 i J SUPERVISOR OFFICE Enclosed please find two copies of the contract for our Dog Housing/Boarding services for the upcoming calendar year of 2018. The Dog Control Housing Agreement has been modified to reflect a daily boarding rate of $45.00 per day and core vaccine (rabies, distemper and bortadella) fees of $60. Please return the approved contracts to me for signature, We will then send a copy of the fully executed contract back to you. Please feel free to contact me should you need any additional information. I may be reached at 845-901-0278 or by email at wayne-mabey@dcspca.org, Thank you for your assistance with this matter. I look forward to hearing back from you soon, Sincerely, Wayne Mabey Interim Executive Director I DOG CONTROL HOUSING THIS AGREEMENT, made this —.day of a 2017, by and between DUTCHESS COUNTY SPCA, a New York Not -For- Profit Corporation having an address of 636 Violet Avenue, Hyde Park, New York 12538 Hereinafter referred to as "DCSPCA" MM a municipal corporation Hereinafter referred to as the "TOIAN,, WHEREAS, the TOWN OF WAPPINGER Dog Control o,fficer, hereinafter referred to the 4'DC015, is empowered to seize dogs pursuant to the provisions Law Article 7, § 117; and of Agriculture and Markets WHEREAS, this Agreement applies large; and Only to, dog(s) seized by the DCO that are running at WHERES, Pursuant to Agriculture and Markets Law Article 7, § 117, dogs seized by a DCO are required to be properly fed and watered during the applicable redemption period; and WHEREAS, DCSPCA maintains a kennel for boarding dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York, 12538; and WHEREAS, the TOWN wishes to contract with DCSP seized by the DCO upon terms CA to provide shelter for dogs and conditions hereinafter set forth. NOW, THERFORE, it is hereby agreed by and between ?C SPCA and the TOWN as follows: 1) RECITATION INCORPORATED: These recitations above set forth are this Agreement as if fully set forth and recited herein. incorporated in 2) TERM OF AGREEMENT: This agreement shall be become effective and shall continue until December 31, 2018. January 1, 2018 3) BOARDING: DCSPCA hereby agrees to provide boarding, which included shelter, food and water, as required by the Law for the following dogs: Any/all dogs running at large (stray) seized by the DCO as outlined by the Agriculture and Markets Law Article 7, §117(l) & (2); and b) Any/all dogs who have been seized by a court order pending a "'dangerous dog" hearing, as outlined by the Agriculture and Markets Law Article 7, § 123(2). All dogs seized by the DCO shall be: delivered to the offices of DCSPCA at 636 Violet Avenue, Hyde Park, New York 12538. 4) HOLDING PERIOD: In order to provide the owners a reasonable time period in which to reclaim their seized dog, the DCSPCA and the TOWN agree to the following: a) For dogs running at large (strays): i) Dogs that are not appropriately identified, as outlined by the Agriculture and Markets Law Article 7, § 117(4), will be held for seven (7) days from the date they enter the shelter; ii) Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article 7, §117(6), will be held for eleven (1 1) days from the date they enter the shelter. The TOWN is responsible for notifying the owner of the seizure, as per the Agriculture .and Markets Law Article: 7, § 117(6). iii) Upon expiration of the above stated holding periods, any and all dogs that have not been reclaimed by their owner, will become the property of the DCSPCA, as outlined by the Agriculture and Markets Law Article 7,§117 (7- a). b) For dogs seized under a court order pending a "dangerous dog hearing", as outlined by the Agriculture and Markets Law Article 7, § 123(2)as per • Dogs will be held until final disposition by the court OR a maximum of fourteen (14) days, whichever comes first. If the final hearing has not been held by the end of the fourteenth day, the TOWN will be responsible to make alternate arrangements housing of such dogs. The DCSPCA may consider continued housing on a case by case basis to be negotiated with the TOWN. Unclaimed dogs will be evaluated by the DCSPCA staff to determine if a dog's disposition and temperament will enable it to be, adopted. If the dog is determined to be adoptable, it will be placed for adoption by the DCSPCA. If the dog is determined to not be adoptable, the DCSP'CA will determine the best options for the dog. The DCSPCA reserves the right to handle the final disposition of dogs determined to be unadaptable within the Mission Statement of the DCSPCA, 5) RABIES VACCINATION: As outlined by the Agriculture and Markets Law Article 7, §109(l)(a), for all dogs that are to be reclaimed, the owner must provide tow proof of license, including proof of rabies vaccination. As such, the DCSPCA will n not release any dog to its owner without proof of current town license and rabies vaccination. In the event that the dog is not up-to-date on its rabies vaccine and/or the owner is unable to provide proof of such vaccine to the TOWN, the DCSPCA will administer a rabies vaccine to the dog prior to redemption and will charge the owner for the cost of this service. 6) EMERGENCY VETERINARY CARE: In the event that a dog that is boarded is determined, by best judgment of the DCSPCA medical staff, to be in need of emergency veterinary care, the DCSPCA will arrange medical care for the dog. The TOWN will be charged for the veterinary fees as incurred by the DCSPCA only in the event the dog is not redeemed by the owner. The TOWN shall have the right to recoup the fees from the owner, 7) FEES: a) Boarding: I i) The DCSPCA boarding fee is $45.00 per day. The first day is charged upon admission to the shelter and each subsequent day is calculated upon the dog being on the DCSPCA property at 12:00 am each day, ii) For dogs, that are reclaimed by their owner, the owner will be required to pay the boarding fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the DCSPCA will invoice the TOWN for the boarding fee, iv) For dogs that have been seized due to running at large and have been previous deemed a "dangerous dog" by order from a Court of competent jurisdiction AND dogs that have been seized by court order pending a dangerous dog hearing, there will be fee of $150.00 in addition to any and all daily boarding fees. b) Core Vaccinations' i) The fee for core vaccinations (rabies, distemper and bortadella) is $60.00 ii) For, dogs that are reclaimed by their owner, the owner will be required to pay the vaccine fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the TOWN will not be billed for the vaccines, 0 C) Amer etc Vterira Care: For Services provided by the DCSPCA medical team, the DCSPCA usual and customary fees will be applied. For care that requires services from a community-based veterinarian, the actual fee from the veterinarian will be applied. The DCSPCA will make the determination of which community-based veterinarian will be utilized. For dogs that are reclaimed by their owner, the owner will be required to pay the medical care fees directly to the DCSPCA. If an owner is unable or unwilling to pay these fees within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iv) For dogs that are not reclaimed by the owner, the TOWN will be billed for the medical care fees. The TO" shall have the right to recoup the fees from the owner, 8) RECLAIM/REDEMPTION OF DOGS: In an effort to simplify the billing process for both the DCSPCA and the TOWN, both parties agree that for those cases in which the owner wants to reclaim their dog, the owner must pay any and all TOWN fees/fines directly to the TOWN and directly pay any and all DCSPCA fees directly to the DCSPCA. As such, the following process will be employed: a) All owners will be informed by the TOWN and/or the DCSPCA of the necessary documentation and fees to be paid in order to reclaim their dog as well as the process to accomplish this task. b) Upon payment of the town fee, the TOWN will issue a copy of the Agriculture and Markets Department Form DL -18 (or comparable form) to the dog owner or designee, which will evidence that the TOWN has received all TO)AN reclaim/redemption fees. The owner will be instructed to present this documentation to the DCSPCA to reclaim their dog. Additionally, they will be informed of the need to pay the boarding and other applicable fees directly to the DCSPCA upon reclaiming their dog. c) The DCSPCA shall be available to process reclaims of dogs at its office on the following days: i) Monday thru Friday- 8:00 am to 400 pm. ii) Saturday and Sunday: 12:00 pm to 4:00 pm Dogs may not be reclaimed on observed holidal 9) KENNEL SPACE: At all times, the DCSPCA will provide kennel space for all dogs that are seized; the Dog Control DCO will have twenty-four (24) hour access to DCSPCA kennels for the delivery of dogs. The DCO will be required to complete DCSPCA paperwork and ensure that the dog has food, water and bedding in its kennel. 10)INDEMNIFICATION: The DCSPCA shall defend, indemnify and hold the TOWN, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful actions of the DCSPCA. The TO" shall defend and indemnify and hold the DCSPCA, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful acts or admissions of the TOWN. 11) APPLICABLE LAW: This Agreement shall be governed by, construed and enforced in accordance with the laws of New York with regard to conflicts of laws and principles of law, 12) WAIVER: No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for repetition of such or any other breach unless the waiver shall specifically include the same. 13) MODIFICATION: This agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 14)1 OTICES: All notices, demands, requests, consents, approvals or other communications (for the purpose of this paragraph collectively called 'Notices") required or permitted to be given hereunder to any party to this Agreement shall be in writing and shall be sent overnight delivery service or registered or certified mail, return receipt requested, postage prepaid. 15) SUCCESSORS and ASSIGNS: This Agreement shall apply to bind the Successors and heirs, administrators and executor of the parties hereto. 16) ENTIRE AGREEMENT: This written Agreement, when signed by all parties, forms the entire Agreement between the parties and replaces and supersedes all prior Agreements or undertakings between the parties, if any. 17) BINDING EFFECT: This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties hereto, 18) AUTHORIZATION: This Agreement was authorized by Resolution of the Town Board of the TOWN OF WAPPINGER, duly adopted at a regular meeting of the Town Board held on the _ day of W 19) TERMS: This contract can be cancelled at any time from either party with sixty (60) days written notice. 20) PAYMENT: All bills submitted to the TOWN will be paid within sixty (60) days. if 110 payment is made to the DCSPCA within sixty (60) days the DCSPCA reserves the right to charge a $50,0O per month surcharge. IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counter parts, each of which shall constitute an original, the day and year first above written. DUTCHESS COUNTY SPCA By: Wayne Mabey, Interim Executive Director L-0 0 Lori Jiava, Supervisor SRD'D,' LAW 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 February 20, 2018 FAX (845) 298-2842 www.srddlaw.com Town Board e-mail: info@srddlaw.com Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Richard L. Thurston, Supervisor Albert P. Roberts, Partner Emeritus Thomas R. Davis Stephen E. Diamond* Joan F. Garrett— James P. Horan— Ian C. Linclars Darren H. Fairlie Jessica Z. Segal OF COUNSEL Scott L. Volkman Karen MacNish Jessica J. Glass Meghan Mossey PARALEGALS Jennifer Arno Julie A. Durkin Sandra A. Oakley Dawn M. Paino Christine M. Schnittert Rita M. Worthington CLOSING COORDINATOR Maria L. Jones ALSO ADMITTED IN FL & MA ALSO ADMITTED IN GT ALSO ADMITI ED IN NJ Re: Inspire Dutchess, LLC vs. Town of Wappinger Dear Supervisor Thurston & Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari matter for tax year 2017. The property consists of a nursing home or assisted living facility (although we did not get into detail) which I believe is commonly known as Morningside Manor, located at 135 Cooper Road. The assessed value for the property is $595,000. After further consideration the petitioner has determined that they were not in the position to proceed with this matter, at least for the 2017. We have agreed to discontinue the 2017 proceeding, with prejudice, without reduction. Since there is no reduction for the 2017 assessment year, there is no refund liability. I enclose herewith a resolution for your consideration at the next Town Board meeting. Very truly yours, STEN ;/ROBERTS, DAVIS & DIAMOND, LLP SCOTT .L. VOLKMAN SLV/jad Enclosure cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. TOWN OF WAPPINGER RE: RESOLUTION AUTHORIZING THE SETTLEMENT OF THE TAX CERTIORARI PROCEEDING REGARDING INSPIRE DUTCHESS, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by Inspire Dutchess, LLC regarding the parcel of real property located at 135 Cooper Road, Grid No. 6156-02-872849-00000, seeking a reduction in the 2017 tax assessment for the 2017/2018 tax roll; and WHEREAS, the owners of the above referenced parcel have agreed to, withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel have recommended settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017 as it pertains to: Grid No.: 6156-02-872849-00000 Year Original Total Assessment Final Assessment Reduction in Assessment 2017 $595,000 $595,0000 -0- ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. 'SRQ LAW 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 Please be advised that the above referenced proceeding is a tax certiorari FAX (845) 298-2842 matter for tax year 2017. The property consists of 3 parcels and is owned by www.srddlaw.com February 21, 2018 e-mail: info@srddlaw.com Apartments complex, located on Imperial Blvd. in the Village of Wappingers Darren H. Fairlie Town Board Town of Wappinger Jessica Z. Segal 20 Middlebush Road Kenneth M. Stenger the Petitioner has agreed to discontinue the 2017 proceedings, with prejudice, OF COUNSEL Wappingers Falls, NY 12590 Albert P. Roberts, Attn: Richard L. Thurston, Supervisor Partner Emeritus Since there is no reduction for the 2017 assessment year, there is no refund Thomas R. Davis Re. Imperial Gardens, LLC vs. Town of Wappinger Stephen E. Diamond" Dear Supervisor Thurston & Town Board Members: Joan F. Garrett- Please be advised that the above referenced proceeding is a tax certiorari James P. Horan— matter for tax year 2017. The property consists of 3 parcels and is owned by Imperial Gardens, LLC., which together comprise the Imperial Gardens Ian C. Lindars Apartments complex, located on Imperial Blvd. in the Village of Wappingers Darren H. Fairlie Falls. The assessed value for 2017 is $9,900,000. After further consideration in conjunction with the corresponding Settlement regarding the Aval Jessica Z. Segal Properties, LLC matter, which is being agreed to simultaneously herewith, the Petitioner has agreed to discontinue the 2017 proceedings, with prejudice, OF COUNSEL without a reduction, and they have agreed to a three-year stay. Scott L. Volkman Karen MacNish Since there is no reduction for the 2017 assessment year, there is no refund Jessica J. Glass liability. Meghan Mossey I enclose herewith a resolution for your consideration at the next Town Board mm meeting, PARALEGALS Jennifer Arno Very truly yours, Julie A. Durkin Sandra A. Oakley Dawn M. Paino STrE, ROBE, DAVIS & DIAMOND, LLP Christine M. Schnittert xT$ ' Rita M. Worthington SCOTT i�. VOLKMAN SLV/jad CLOSING COORDINATOR Enclosure Maria L. Jones cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk 'ALSO ADMITTED IN FL & MA Daniel Petigrow, Esq. ALSO ADMITTED IN CT ALSO ADIMMED IN NJ Joseph McGowan, Esq. O;\Wappinger\Tax Certi,oraris\lmperial Gardens LLC - Aval Company, LL02,20,2018 Letter to the Town Board discontinue.doc EMIR• COki ' _0610]0 i RE: RESOLUTION AUTHORIZING THE SETTLEMENT OF THE TAX CERTIORARI PROCEEDING REGARDING IMPERIAL GARDENS, LLC' WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by Imperial Gardens, LLC, regarding real property located at Imperial Boulevard, of Wappingers halls, Grid No. 6158-20-751120- 0000, Grid No. 135601-6158-19-722118-0000 and Grid No, 135601-61.58-19-689109- 0000 seeking a reduction in the 2017 tax assessments for the respective tax roll, for the apartment complex known as Imperial Gardens, LLC; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and 'Special Counsel to the Town have recommended a settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017.as it pertains to: Grid No.: 135601-6158-19-689109-0000 Year Original "Total Assessment Final. Assessment Reduction in Assessment 2017. $4,945,000 $4,945,000 -0- Grid No.: 135601-6158-19-722118-0000 Year Original Total Assessment Final Assessment Reduction in Assessment 2017. $4,945,000 $4,945,000 -0- Grid. o.: 1.35601-6158-20-751120-0000 Year Original Total Assessment Final Assessment Reduction in Assessment 2017 $ 10,000 $ 1.0,000 -0- RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. SR,DD,, LAW 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 February 22, 2018 FAX (845) 298-2842 www.srddlaw.com Town Board e -mad: info@srddl'aw.com Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Richard L. Thurston, Supervisor Albert P. Roberts, Partner Emeritus Re: Aval Company, LLC v. Town of Wappinger Thomas R. Davis Index No. 2017-51678 Grid No. 135689-6158-04-674170-0000 Stephen E. Diamond* Dear Supervisor Thurston & Town Board Members: Joan F. Garrett— Please be advised that the above referenced proceeding is a tax certiorari James P. Horan*** matter for 2017. This proceeding involves a parcel located at Imperial Ian C. Lindars Boulevard. It is a vacant parcel consisting of 5.9 acres owned by Aval Company, LLC a related company to Imperial Gardens, LLC which owns the Darren H. Fairlie contiguous property where the Imperial Garden apartments are located. The Jessica Z. Segal property was assessed at $324,500. We agreed to a settlement which would reduce the assessed value to $286,150. OF COUNSEL Enclosed please find a Resolution for your consideration. The Assessor will Scott L. Volkman provide you with the refund analysis for your review and consideration, In Karen MacNish addition the refund will be payable without interest if paid within 60 days of Jessica J. Glass service of a copy of the final order. The Town does not issue refunds Meghan Mossey directly. The County issues the refunds and reconciles with the Town at the end of the year. Your favorable concurrence is requested at the next available Town Board meeting. PARALEGALS Jennifer Arno If you have any questions in the meantime please do not hesitate to contact Julie A. Durkin Sandra A. Oakley me. Dawn M. Paino Christine M. Schnittert Yours very truly, Rita M. Worthington STEN,.,,, R, RO E tTS, DAVIS & DIAMOND, LLP CLOSING COORDINATOR Maria L. Jones 4 Sc TT L. VOLKMAN SLV/sao 'ALSO ADMITTED IN FL & MA Enclosure '" ALSO ADMIT En NN C7 ... ALSO ADMITTEC IN NJ cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. Joseph McGowan, Esq. TOWN OF WAPPINGER TOWN BOARD RESOLUTION RE: RESOLUTION AUTHORIZING THE SETTLEMENT OF THE TAX CERTIORARI PROCEEDING REGARDING AVAL COMPANY, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by Aval Company, LLC regarding real property located at Imperial Boulevard, Grid No. 135689-6158-04-674170-0000, seeking a reduction in the 2017 tax assessment for that respective tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2017, as it pertains to: Grid No.: 135689-6158-04-674170-0000 Assessment Year Original Total Revised Total Assessment Assessment Reduction 2017 $324,500 $286,150 $38,350 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. ... . ..... .... STENGER ROBERTS DAVIS & DIAMONDLLP 1136 Route 9 Wappingers Falls, New York 12590 February 22, 2018 (845) 298-2000 Town Board FAX (845) 298-2842 Town of Wappinger www.srddlaw.com 20 Middlebush Road e -mall: info@srddlaw.rom Wappingers Falls, NY 12590 Attn. Hon, Richard L. Thurston, Supervisor Kenneth M. Stenger Re: Walgreen Eastern Co., Inc. v. Town of Wappinger Index Nos.: 2016-51540 & 2017-51628 Albert P. Roberts, SRDD File No.: 30374.0138 Partner Emeritus Thomas R. Davis Dear Supervisor Thurston & Town Board Members: Stephen E. Diamond* Please be advised that the above referenced proceeding is a tax certiorari matter for the assessment years 2016 and 2017. This proceeding involves I Joan F. Garrett- parcel located at 1575 Route 9, which is the location of the Walgreens James P. Horan*— drugstore. We negotiated a settlement of the above referenced proceedings by reducing the assessment for the 2016 and 2017 from $2,200,000 to $2,000,000 Ian C. Lindars for each year. With the current equalization rate remaining at 100% during the Darren H. Fairlie pendency of these proceedings, this settlement reflects fair market value. Jessica Z. Segal Enclosed is a Resolution for your consideration. The Assessor will provide you with his recommendation and refund analysis for your review and OF COUNSEL consideration. In addition, the refund will be payable without interest if paid Scott L. Volkman within 60 days after service of the copy of the executed order and demand for Karen MacNish refund. The Town does not issue refunds directly. The County issues the Jessica J. Glass refunds and reconciles with the Town at the end of the year. I would Meghan Mossey appreciate your concurrence on this matter at the next available Town Board meeting, PARALEGALS If you have any questions in the meantime, please do not hesitate to contact Jennifer Arno me. Julie A. Durkin Sandra A. Oakley Dawn M. Paino Yours very truly, Christine M. Schnittert Rita M. Worthington STEN R09YRTS, DIS & DIAMOND, LLP CLOSING COORDINATOR SCOTT L. VIOLKMAN Maria L. Jones SLV/sao Enclosure "ALSO ADMIT I'EU IN FL& MA cc: Christian Harkins, Assessor " ALSO ADMITTED IN CT -AL,90 ADMITTED IN NJ Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. Joseph McGowan, Esq. TOWN OF WAPPINGER TOWN BOARD RESOLUTION RE; RESOLUTION AUTHORIZING THE SETTLEMENT OF THE TAX CERTIORARI PROCEEDING REGARDING WALGREEN EASTERN CO., INC. WHEREAS, there is novo pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2016 and 2017 by Walgreen Eastern Co., Inc. regarding real property located at 1575 Route 9 in the Village of Wappingers Falls, bearing Grid 4 6158-19-508181, the site of a Walgreens drugstore, seeking a reduction in the 2016 and 2017 tax assessments for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2016 and 2017, as it pertains to: Grid # 6158-19-508181 Year Original Total Assessment Revised Total Assessment Reduction 2016 $2,200,000 $2,000,000 $200,000 2017 $2,200,000 $2,000,000 $200,000 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. 1 STENGER T DAVIS & DIAMONDLLP 1136 Route 9 Wappingers Falls, New York 12599 (845) 298-2000 February 21, 2018 FAX (845) 298-2842 www.srddlaw.com Town Board e-mail: info@srddiaw.com Town of Wappinger 201 V'liddlebush Road. Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Richard L. Thurston, Supervisor Albert r Roberts,meriuRe. QIP Coolidge d LLC v. Town of Wa in er Partner Emeritus � Maloney�'' x l�l�. � Thomas R. Davis Index. Nos.; 2013-4394,2014-3176, 2015-2618, 2016-51595 & 2417-51800 Stephen E. Diamond* SRDD File No.: 30374.0067 Dear Supervisor Thurston & Town Board Members: Joan F. Garrett - James R. Haran— Please be advised that the above referenced proceeding is a tax certiorari. Ian C. Lindars matter for the assessment years 2013, 2014, 2015, 2016 and 2017. This proceeding involves multiple parcels that comprise the apartment complex Darren H. Fairlie commonly known as Village Crest Apartments. There are eight parcels Jessica Z. Segal directly associated with the apartment complex. There are also two unimproved commercial properties across the street from the complex which OF COUNSEL are not directly associated with that use. Scott L. Volkman Karen MacNish We have negotiated a settlement of the above referenced proceedings by Jessica J. Glass reducing the total assessed value for the apartment complex parcels from Meghan Mossey $14,500,000 to $13,500,000 for 2013 and then trending upwards as follows. $13,700,000 for 2014; $13,900,000 for 2015; $14,100,000 for 2016; and PARALEGALS $14,300,000 for 2017. We have also agreed to a three year stay so that there Jennifer Arno can be no further challenges except as authorized by statute and the assessment Julie A. Durkin Sandra A. Oakley will remain at $14,300,000 for 2018, 2019 and 2020. There will be no Dawn M. Laino reduction in the commercial vacant parcels, which are assessed at $1,310,400. Christine M. Schnittert With the current equalization rate at 100% throughout these proceedings, this Rita M. Worthington settlement for each year would reflect the fair market value. As a matter of convenience in order to avoid the difficulty of reducing the value over the eight CLOSING COORDINATOR apartment complex parcels, the reduction for each year is being reflected on a Maria L. Jones single parcel only, which is parcel 6259-02-635855. 'ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT Enclosed is a Resolution for your consideration. The Assessor will provide ••' ALSO AI IM Nj you with his concurring recommendation and refund analysis for your review and consideration. In addition, the refund will be payable without interest if paid within 60 days after service of the copy of the executed order and demand for refund. The Town does not issue refunds directly. The County issues the refunds and reconciles with the Town at the end of the year. I would appreciate your concurrence on this matter at the next available Town Board meeting. If you have any questions in the meantime, please do not hesitate to contact me. Yours very truly, STENG QBE TS, YJ VIS &,DIAMOND, LLP COT L. VOLKMAN SLV/sao Enclosure cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq, TOWN OF WAPPINGLR TOWN BOARD RESOLUTION RF: RESOLUTION AUTHORIZING THE SETTLEMENT OF THE TAX CERTIORARI PROCEEDING REGARDING IIP COOLIDGE MALONEY ROAD, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2013, 2014,. 2015,. 2016 and 2017 by HP Coolidge Maloney Road, LLC regarding real property located at Maloney Road, in the Town of Wappinger, commonly known as Village Crest Apartments, Grid Nos. 6259-02-538866, 6259-02-548878, 6259-02-564876, 6259-02-575863, 6259-02-583857, 6259-02-593861, 6259-02-635855, 6259-02-705840, 6259-02-681675 and 6259-02-753743, seeking a reduction in the 2013 through 2017 tax assessments for their respective tax rolls; and WHEREAS, the "Pown Assessor and Special Counsel have recommended a settlement of these tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2013 through 2017, as it pertains to: Grid # 6259-02-538866 Year Original Total Assessment Revised Total Assessment Reduction 2013 $135,000 $135,000 $0 2014 $135,000 $135,000 $0 2015 $135,000 '$135,000 $0 2016 $135,000 $135,000 $0 2017 $135,000 $135,000 $0 Grid 4 6259-02-548878 Year Original Total Assessment Revised Total Assessment Reduction 2013 $147,000 $147,000 $0 2014 $147,000 $147,000 $0 2015 $147,000 $147,000 $0 2016 $147,000 $147,000 $0 2017 —+--$147,000 1 $1.48,000 $147,000 $0 Grid 4 6259-02-564876 Year Original Total Assessment Revised Total Assessment Reduction 2013 $148,000 $148,000 $0 2014 $148,000 $1.48,000 $0 2015 $148,000 $148,000 $0 2016 1 $148,000 $148,000 $0 2017 1 $1.48,000 $14800 $0 Grid # 6259-02-575863 Year Original Total Assessment Revised Total Assessment Reduction. 2013 $2,200,000 $2,200,000 $0 2014 $2,200,000 $2,200,000 $0 2015 $2,200,000 $2,200,000 $0 2016 $2,200,000 $2,200,000 $0 2017 $2,200,000 $2:200,000 $0 Grid # 6259-02-583857 Year Original Total Assessment Revised Total Assessment Reduction. 2013 $2,800 $2,800 $0 2014 $2,800 $2,800 $0 2015 $2,800 $2,800 $0 2016 $2,800 $2,800 $0 2017 ,$2,800 $2,800 $0 2 Grid # 6259-02-593861 Year Original Total Assessment Revised Total Assessment Reduction 2013 $700,000 $700,000 $0 2014 $700,000 $700,000 $0 2015 $700,000 $700,000 $0 2016 $700,000 $700,400 $0 2017 $700,000 $700000 $0 Grid # 6259-02-635855 Year Original Total Assessment Revised Total Assessment Reduction 2013 $6,767,200 $5,767,200 $1,000,000 2014 $6,767,200 $5,967,200 $ 800,000 2015 $6,767,200 $6,167,200 $ 600,000 2016 $6,767,200 $6,367,200 $ 400,000 2017 $6,767,200 $6,567,200 $ 2.00,000 Gld # 6259-02-705840 Year Original Total Assessment Revised Total Assessment Reduction 2013 $4,400,000 $4,400,000 $0 2014 $4,400,000 $4,400,000 $0 2015 $4,400,000 $4,400,000 $0 2016 $4,400,000 $4,40000 $0 2017 $4,400,000 $4,400,000 1 $0 Grid # 6259-02-681675 Original Total Revised Total Year Assessment Assessment Reduction 2016 $869,900 $869,900 $0 2017 $869,900 $869,900 $0 Grid # 6259-02-753743 Original Total Revised Total Year Assessment Assessment Reduction 2016 $440,500 $440,500 $0 2017 $440,500 $440,500 $0 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terns of this Resolution. 4 Thomas R. Davis Re: HD Development of MD, Inc. v. Town of Wappinger Stephen E, Diamond* Index Nos.: 2015-2619,2016-51604 & 2017-51786 SRDD File No.: 30374.0011 Joan F. Garrett— Dear Supervisor Thurston & Town Board Members: James P. Horan*'* Please be advised that the above referenced proceeding is a tax certiorari lan,C. Lindars matter for the assessment years 2015, 2016 and 2017. The property is owned Darren H. Fairlie by HD Development of MD, Inc. and pertain to grid # 6158-19-623204-0000, Jessica Z. Segal the location of the Home Depot store located in the Imperial Plaza, which is a separately assessed parcel from the rest of the plaza. The property is assessed OF COUNSEL for all years at issue at $11,382,400. We have negotiated a settlement of the Scott L. Volkman above referenced proceedings which results in no reduction for 2015; a Karen MacNish reduction from $11,382,400 to $10,382,400 in 2016 and a reduction from Jessica J. Glass $11,382,400 to $9,966,780 in 2017. With the equalization rate at 100% Meghan Mossey throughout these proceedings, the settlement reflects fair market value. PARALEGALS Enclosed is a Resolution for your consideration. The Assessor will provide Jennifer Arno you with his recommendation and refund analysis for your review and Julie A, Durkin consideration. In addition, the refund will be payable without interest if paid Sandra A. Oakley Dawn M. P@ino within 60 days after service of the copy of the executed order and demand for Christine M. Schnittert refund. The Town does not issue refunds directly. The County issues the Rita M. Worthington refunds and reconciles with the Town at the end of the year. I would appreciate your concurrence on this matter at the next available Town Board CLOSING COORDINATOR meeting. Maria L. Jones "ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT "' ALSO ADMITTED IN NJ . . . . .... . ..... ........ . . ...... . ..... STENGER ROBERTS DAVIS & DIAMONDLLP 1136 Route, 9 ------- ------- Wappingers Falls, New York 12590 (84 a) 298-2000 FAX (845) 298-2842 www.srddlaw.com February 22, 2018 e-mail: info@srddlaw.com Town Board Town of Wappinger Kenneth M. Stenger 20 Middlebush Road Wappingers Falls, NY 12590 Albert P. Roberts, Partner Emeritus Attn: Hon. Richard L. Thurston, Supervisor Thomas R. Davis Re: HD Development of MD, Inc. v. Town of Wappinger Stephen E, Diamond* Index Nos.: 2015-2619,2016-51604 & 2017-51786 SRDD File No.: 30374.0011 Joan F. Garrett— Dear Supervisor Thurston & Town Board Members: James P. Horan*'* Please be advised that the above referenced proceeding is a tax certiorari lan,C. Lindars matter for the assessment years 2015, 2016 and 2017. The property is owned Darren H. Fairlie by HD Development of MD, Inc. and pertain to grid # 6158-19-623204-0000, Jessica Z. Segal the location of the Home Depot store located in the Imperial Plaza, which is a separately assessed parcel from the rest of the plaza. The property is assessed OF COUNSEL for all years at issue at $11,382,400. We have negotiated a settlement of the Scott L. Volkman above referenced proceedings which results in no reduction for 2015; a Karen MacNish reduction from $11,382,400 to $10,382,400 in 2016 and a reduction from Jessica J. Glass $11,382,400 to $9,966,780 in 2017. With the equalization rate at 100% Meghan Mossey throughout these proceedings, the settlement reflects fair market value. PARALEGALS Enclosed is a Resolution for your consideration. The Assessor will provide Jennifer Arno you with his recommendation and refund analysis for your review and Julie A, Durkin consideration. In addition, the refund will be payable without interest if paid Sandra A. Oakley Dawn M. P@ino within 60 days after service of the copy of the executed order and demand for Christine M. Schnittert refund. The Town does not issue refunds directly. The County issues the Rita M. Worthington refunds and reconciles with the Town at the end of the year. I would appreciate your concurrence on this matter at the next available Town Board CLOSING COORDINATOR meeting. Maria L. Jones "ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT "' ALSO ADMITTED IN NJ If you have any questions in the meantime, please do not hesitate to contact me. Yours very truly, STEN F ROB RTS DAVIS & DIAMOND, LLP SCO L. VOLKMAN SLV/sao Enclosure cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. Joseph McGowan, Esq, co T-- 40 N co TOWN OF WAPPINGER TOWN BOARD RE, SOLUTI0N RE: RESOLUTION AUTHORIZING THE SETTLEMENT OF THE TAX CERTIORARI PROCEEDING REGARDING HD DEVELOPMENT OF MD, INC. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2015, 2016 and 2017 by HD Development of MD, Inc. regarding real property located at 1570 Route 9, Wappingers Fills, Grid # 6158-19- 623204-0000, seeking a reduction in the 2015, 2016 and 2017 tax assessment for those respective tax rolls for the property occupied by the Home Depot store; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of these tax review proceedings; now, therefore be it RESOLVED, that the Town. Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2015, 2016 and 2017, as it pertains to: Grid # 6158-19-623204-0000 Year Original Total Assessment Revised Total Assessment Reduction 2015 $11,382,400 $11,382,400 $0 2016 $11,382,400 $10,382,400 $1,000,000 2017 $,11,382,400 $ 9,966,780 $1,415,620 and be it further RESOLVED, that the Town Supervisor, Town Assessor and. Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. Exhibit A Boundaries of Proposed Extension No. 6 (Tall Trees Extension) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York SCHEDULE"A" ALLthat certain tract orparcel ofland situate inthe Town ofWappinger, CountyofDutchess andState ofNewYork, more particularly bounded and described as follows: BEGINNING ata point onthe southerly line ofWheeler Hill Road, said point also being the northwesterly corner ofthelands nowor formerly of Town of Wappinger, said point also being the northwest corner of a map entitled," Property realignment between Dr. Mahoud Kablaoui and the Town of Wappinger" said map filed in the Dutchess County Clerk's Office on August 19, 2003 as Map No. 3354A, thence in an easterly direction along the southerly line of Wheeler Hill Road, along the above referenced map and Amherst Lane, lots 36-40, Bowdoin Lane and lot 2, all as shown on a map entitled," Section One Subdivision Map of Tall Trees," filed in the Dutchess County Clerk's Office as Map No. 3250 on Oct. 30, 1964, the following bearings anddistances: North 43'02'00r' East 433.00feet, North 42° 21'00"East 347.97 feet, and North 43°41'50"East 355.00 feet to a point, said point being the northeast corner of the lot 1 as shown on a Map No. 3250, thence turning and leaving the southerly side of Wheeler Hill Road and running, easterly along the division line between lots 1-15 inclusive as shown on Map No. 3250 and lands of Church of the Sacred Mirrors, the following bearings and distances: South 44°02'50" East 460.85 feet, South 44 °34'00" East 603.46 feet, South 42°41'40" East 53.55 feet, and South 44°17'20" East 478.00 feet to a point that is the northeast corner of lot 64, as shown on a certain map entitled," Map of Tall Trees Sect 2"; Said map filed in the Dutchess County Clerk's Office as Map No. 3354 on Oct. 11, 1965; thence continuing easterly along the division line of said map and the lands of Church of Sacred Mirrors, and partially along lands of Obercreek, the following bearings and distances: South 44°17'20" East 212.99 feet, South 42°31'20" East 120.34 feet, and -2 - South 45°59'20" East 141.04 feet, to a point that is the northeasterly corner of lot 63; thence turning and running Southerly along the Easterly boundary of said subdivision along lots 59-63 inclusive and the recreation area lots, the following bearing and distance: South 41°02'20" West 1212.86 feet toa point, saidpoint being the corner ofsaid filed; thence turning and running westerly along the southerly boundary of said map and lots 45-58 inclusive, also being the division line between said map and lands now or formerly of CH G & E, Conn, Dohrenwend and Wayne,the following bearings and distances: North 34°23'30" West433.78 feet, North44°09'50" West750.14feet, North 44°25'40"West 492.33 feet, and North 44°23'10: West 445.99 feet to a point, said point being the point orplace of beginning.