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2020-07-13Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, July 13, 2020 7:00 PM Town Hall I. CaII to Order Attendee Name Richard Thurston William H. Beale Angela Bettina Christopher Phillips Al Casella Organization Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Cooper M Leatherwood Town of Wappinger Tim Moot Consultant Jim Horan Consultant Title Supervisor Councilman Councilwoman Councilman Councilman Deputy Town Clerk Engineer Attorney Status Present Present Present Present Present Present Present Present Arrived 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda Added Spook hill Park Approval. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Angela Bettina, Councilwoman Christopher Phillips, Councilman Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of Jume 22, 2020 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Angela Bettina, Councilwoman Al Casella, Councilman Thurston, Beale, Bettina, Phillips, Casella IV. Supervisor's Report - RLT The Focus was on Covid 19 where it was stated that the Town is in Phase IV. DMV is open for appointment only. Office for the Aging is providing social distance drive-thru picnics. Assisted living visits are now open. The Town is accepting emails to planning and zoning meetings, some Town of Wappinger Page 1 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 residents are wondering if zoom was possible. Councilwoman Angels Bettina advocated to look into it. V. Financial Report - Fredrick 1. Motion To: Transfer Funds Frederick Awino issued his 6 month Financial Report to the Town Board. In his report he went over a variety of line items that included court lines, building permit lines, and franchise agreements from Cablevision and Verizon. Frederick also discussed some lines that were over budget and proposed to move some estimates of spending from under budgeted line items into line items that are over the budget estimate. These line items were: Town Board equipment Comptroller equipment Machine Lease (Postage Machine) Highway equipment Carnwath Farms Tennis Court and Park expenses Town Board equipment From Contingency Comptroller equipment from Training Machine Lease from a 414 Line HVAC maintenance Councilman Beale asked Frederick to provide documentation to the Town Clerk. Jim Horan requested a report as well. Nothing was Given To the Town Clerk as promised within the time frame of publishing these minutes. Further Details can be found on the video on the town website. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] William H. Beale, Councilman Al Casella, Councilman Thurston, Beale, Bettina, Phillips, Casella VI. Public Hearings Resolution Introducing Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go -Carts, And Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters Town of Wappinger Page 2 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 RESULT: ADJOURNED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Resolution Introducing Local Law No. 2 Of 2020 Which Would Amend Chapter 240, Zoning, Of The Town Code With Respect To Outdoor Seating For Existing Food Service Establishments RESULT: MOVER: SECONDER: AYES: CLOSED [UNANIMOUS] Al Casella, Councilman Angela Bettina, Councilwoman Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Extension of the United Wappinger Sewer District No. 7 - Hindu Samaj RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Al Casella, Councilman Angela Bettina, Councilwoman Thurston, Beale, Bettina, Phillips, Casella VII. Public Portion 1. Motion To: Open Public Portion RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Angela Bettina, Councilwoman Christopher Phillips, Councilman Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Angela Bettina, Councilwoman Al Casella, Councilman Thurston, Beale, Bettina, Phillips, Casella VIII. Executive Session - Personnel Matters Interview 1. Motion To: Enter Executive Session Town of Wappinger Page 3 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: MOVER: SECONDER: AYES: IX. Discussions ADOPTED [UNANIMOUS] Al Casella, Councilman Richard Thurston, Supervisor Thurston, Beale, Bettina, Phillips, Casella 1. Montclair Emergemcy Water Connection Montclair Complex had an emergency crisis. They sent in an emergency hookup request to the Town. Montclair Engineer Joe Burger and Mike Tremper presented a plan that was sent to Tim Moot. They will run a pipe above ground from Amherst Drive. The Connection to the town will act as a well. It is meant to be a temporary connection for 3 to 6 months. The Town Board discussed the potential possibility of a permanent connection at a later date. The Town Supervisor stated that the Department of Health supports what they are doing. Further information can be found on the video on the Town Of Wappinger website. 2. Highway Trucks - Mike Sheehan Mike Sheehan presented new information regarding the 3 trucks for the winter. He felt it will be a Safety issue without them. The end of December/January are turn over dates. He found a new vendor that could turn it around in 5 months instead of 8 months. The truck's life span is usually 15 years. The Town Board discussed a capital plan to be looked at during the budget meeting. 3. Tax Certiorai Executive Square Associates v. Town of Wappinger; MFR II, LLC v. Town of Wappinger; SAZ LLC v. Town of Wappinger Executive Square council represents all three plaintiffs for a $400,000 reduction from $3 million to $2.6 million. 4. George Silvestri Water Hook Up Request George Silvestri's well has failed. Additionally, there is a high content of containments. He requested a hookup to the UWWD at Old Hopewell Commons with a tenancy agreement. To be issued at the next meeting. 5. Safety, Health, and Environment Advisory Council Supervisor Thurston discussed the Environment Advisory Council and updating the name to the Town of Wappinger Page 4 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 Safety, Health, and Environment Advisory Council. He proposed to re-establish the council. The Supervisor and Town Board discussed the need for a Conservation Advisory Council. Further information on this discussion can be found on the video on the Town Website. 6. Motion To: Spend up to $34,000 on Quiet Acres Playground Equipment From the Parkland Trust Councilman Chris Phillips and Director Fulton presented on Quiet Acres Playground Equipment. Director Fulton passed out information of the proposal with quotes to the Town Board, but gave nothing to the Town Clerk. The board approved the spending of up to the $34,000 From the Parkland Trust account. For further information can be found on the video on the Town Website. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 7. Items Arising out of Saturday, July llth Workshop The Town Board Discussed resolutions arising from the July llth Workshop. In it the They discussed the resolutions For Little League and Soccer Contracts. They also discussed further steps for Spookhill Park and Challenger Field to get plans over to the County. Further information about this discussion can be found on the video on the Town of Wappinger website. RESOLUTION: 2020-134 Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and the Town of Wappinger Little League Association, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide a program of softball and baseball activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, Director of Recreation, and the Supervisor of Buildings and Grounds, has negotiated the terms of a proposed Service Agreement with the Town of Wappinger Little League Association, Inc., a copy of which is attached hereto; and WHEREAS, the Town Board, in accordance with the Town's Procurement Policy, has determined that the nature of services to be provided by the Town of Wappinger Little League Association, Inc. are of a specialized nature and are not subject to competitive bidding; and WHEREAS, the Town Board acknowledges the very successful program the Town of Wappinger Little League Association, Inc. has administered for over 40 years and wishes to continue having the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the Town of Wappinger; NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 5 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the terms contained therein reasonable and appropriate to provide baseball and soft ball services for the Youth of the Town of Wappinger. 2. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Town of Wappinger Little League Association, Inc. in accordance with the terms and conditions contained therein. 3. The Town Board authorizes the payment of Six Thousand Dollars ($6,000.00) to the Town of Wappinger Little League Association, Inc. to provide softball and baseball activities for the boys and girls of the community for 2020 in accordance with the terms of the contract and the amount appropriated in the 2020 budget. The foregoing was put to a vote which resulted as follows: 1 Vote Record - Resolution RES-2020-134 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye No/Nay Abstain Absent Richard Thurston Voter El William H. Beale Voter El 0 Angela Bettina Seconder El 0 Christopher Phillips Voter El ........ 0 Al Casella Mover El Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-133 Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and Wappinger United Soccer Club, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have Wappinger United Soccer Club, Inc. ("WUSC"), provide a soccer program for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, Director of Recreation, and the Supervisor of Buildings and Grounds, has negotiated the terms of a proposed Service Agreement with WUSC, a copy of which is attached hereto; and WHEREAS, the Town Board, in accordance with the Town's Procurement Policy, has determined that the nature of services to be provided by WUSC are of a specialized nature and are not subject to competitive bidding; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the Town of Wappinger Page 6 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 terms contained therein reasonable and appropriate to provide a soccer program for the Youth of the Town of Wappinger. 2. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with WUSC in accordance with the terms and conditions contained therein. 3. The Town Board authorizes the payment of Six Thousand Dollars ($3,000.00) to WUSC to provide soccer activities for the boys and girls of the community for 2020 in accordance with the terms of the contract and the amount appropriated in the 2020 budget. The foregoing was put to a vote which resulted as follows: 1 Vote Record - Resolution RES-2020-133 ❑ Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye Richard Thurston ....................... Voter.... 0 William H. Beale Seconder 0 Angela Bettina Voter 0 Christopher Phillips Voter 0 Al Casella Mover 0 0 No/Nay Abstain Absent Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. 10. Park Signs and Regulation Supervisor Thurston and Historian Cavaccini made a 'mock-up' Park Regulation Template. It was a conceptual design. They presented what the design would look like where it would be located at the parks. Nothing was given to the Town Clerk. Director Fulton and Steve Frazier will send the final verbiage to the Town Board. 11. Motion To: Go to bid for estimated amount of $351,000 UWWD Hilltop and Meadowwood Improvements - Cost Summary Engineer Tim Moot said that they are ready to go to bid, which is estimated at $351,000. Town of Wappinger Page 7 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 From: John i.azarony iittiataron Cpq„tr Sent: Wednesday, July 1, 20201:54 PM To: Tim Moot <TpoCPILteamp> Subject [ttr Tim: As requested, the construction costs to date have been approximately r the Meadowwood Filtration Improvements and $ 51, '0C the Hilltop' gutless adapters and S4,000 for the VFD pump conversions to be completed by CAMO (S1,143,100 total expended/pending), It is estiima approximately S350,900, resulting in an estimated total project construction cost of S1,4 , Currently, the estimated total engineering costs (co estimated) $36,700 for Engineering work (Bidding, Construction Inspection) with $250,i yiw in total estimated engineering costs, There is also $50,001 capital cost of $1,794,000, Let me know If you want any further changes made to this, thanks John, 111 John , Lazarony, RE, Officer 845,4543411 x34 ARCHITECTURE. TUTT. ENGINEERING IF'I Al!'TllAINGµ, c LW mom RESULT: MOVER: SECONDER: AYES: X. Resolutions ADOPTED [UNANIMOUS] William H. Beale, Councilman Angela Bettina, Councilwoman Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2020-126 Resolution Adopting Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go -Carts, And Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2020 which would amend Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go -Carts, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters (the "Proposed Action"); 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 July 13, 2020 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, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision Town of Wappinger Page 8 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 of Land, Chapter 145, Go -Carts, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; 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 July 13, 2020 and pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, that a Draft Environmental Impact Statement will not be required, and that the SEQRA process is complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; 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, 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. 3 of 2020, 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: 1 Vote Record - Resolution RES-2020-126 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated 0 Tabled Richard Thurston ...................1 William H. Beale ........................Seconder.........(✓7................❑.......,........❑.......,.......❑......,. Voter 10........,...... ❑ ... ❑........,.......❑...... Town of Wappinger Page 9 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 Withdrawn Next: 8/24/20 7:00 PM Angela Bettina Mover Christopher Phillips Voter Al Casella Voter Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Tabled. RESOLUTION: 2020-127 Resolution Adopting Local Law No. 2 Of 2020 Which Would Amend Chapter 240, Zoning, Of The Town Code With Respect Outdoor Seating For Existing Food Service Establishment WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2020 which would amend Chapter 240, Zoning, of the Town Code with respect to outdoor seating for existing food service establishments (the "Proposed Action"); 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 July 13, 2020 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, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, of the Town Code with respect to existing food service establishments; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on June 8th, 2020 and pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, that a Draft Environmental Impact Statement will not be required, and that the SEQRA process is complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; 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, the Town Board has given due consideration to the comments of the Town Town of Wappinger Page 10 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 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. 2 of 2020, 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: 1 Vote Record - Resolution RES-2020-127 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye No/Nay Abstain Absent Richard Thurston Voter El William H. Beale Mover El Angela Bettina Voter Christopher Philips Voter ll Al Casella Seconder El Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-128 Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding Executive Square Associates WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2018 and 2019 by Executive Square Associates, regarding real property located at 66 Middlebush Road in the Town of Wappinger, Tax Grid # 6157-02- 608885, seeking a reduction in the 2018 and 2019 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of these tax review proceedings; now, therefore be it Town of Wappinger Page 11 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 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 2018 and 2019, as it pertains to: 66 Middlebush Road, Tax Grid # 6157-02-608885 ASSESSMENT ROLL ASSESSMENT REDUCED ASSESSMENT AMOUNT OF REDUCTION 2018 $2,288,000 $2,288,000 $0 2019 $3,000,000 $2,600,000 $400,000 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, 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: 1 Vote Record - Resolution RES-2020-128 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye No/Nay Abstain Absent Richard Thurston Voter El William H. Beale Mover El Angela Bettina Seconder ......El...... Christopher Phillips Voter Al Casella Voter Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-129 An Order Making Certain Determinations in Relation to and Approving the Establishment of Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12 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. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District of said Town (the "Extension"); and 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; and WHEREAS, said Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District shall be bounded and described as hereinafter set forth; and WHEREAS, the improvements proposed for said Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District consists of the purchase and installation of a sewer pump station, a 11/2" HDPE low pressure force main and connections to the existing sewer main to serve the instant property, as more fully described in the aforesaid map, plan and report; and Town of Wappinger Page 12 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 WHEREAS, the maximum amount proposed to be expended for said improvement is $17,000; and WHEREAS, the Town of Wappinger Planning Board issued a Negative Declaration in a coordinated Unlisted SEQRA review which included the extension of the United Wappinger Sewer District to provide water service to the parcel; and WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and no serial bonds of said Town shall be issued therefor; and WHEREAS, the estimated cost of said Extension to the typical property therein is $5,600.00 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and the estimated cost for a residential property in the proposed Extension is $5,600.00 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid; and WHEREAS, the cost of the buy -in fee to the UWSD for the property is $4,800 in accordance with §236-6 of the Town of Wappinger Code; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $17,000, and the typical property in the Extension is a single-family residence; 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 WHEREAS, an Order was duly adopted by said Town Board on June 8, 2020, reciting a description of the boundaries of said proposed Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer 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 13th day of July, 2020, 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. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer 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; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 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: Town of Wappinger Page 13 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 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. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District are benefited thereby; c. All the property and property owners benefited are included within the limits of said proposed Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District; and d. The establishment of said proposed Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District is in the public interest. 2. The establishment of Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer 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 purchase and installation of a sewer lateral connected to an existing manhole to serve the instant property, with all costs borne by the owner of the property. 3. Said Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District with boundary as described herein shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. 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. 5. The Town Clerk shall, within ten (10) days after the effective date of this resolution, file certified copies of this resolution in the Office of the Dutchess County Clerk. 6. The Town Clerk shall, within (5) days, transmit to the Dutchess County Department of Behavioral & Community Health a copy of this resolution. 7. This Resolution shall take effect immediately. Town of Wappinger Page 14 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 EXHIBIT A Boundaries of the Extension of the United Wappinger Sewer District, known as Extension No. 7 for HINDU SAMAJ, INC.; in the Town of Wappinger, Dutchess County, New York LEGAL DESCRIPTION A certain piece or parcel of land in the Town of Wappinger, County of Dutchess, and State of New York, described as follows: BEGINNING at a point on the northerly line of All Angels Hill Road, said point being distant easterly 745.79 feet from the intersection of the easterly line of lands of now or formerly Hellar with the northerly line of All Angels Hill Road and running thence through lands of Vorndran the following: North 30 deg. 59' 40" East 301.14 feet, South 88 deg. 59' 20" East 99.50 feet and South 14 deg. 45'40" West 348.87 feet to a point on the northerly line of aforesaid All Angels Hill Road; then along said line North 62 deg. 29' 00" West 186.55 feet to the point of BEGINNING. The foregoing was put to a vote which resulted as follows: 1 Vote Record - Resolution RES-2020-129 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye No/Nay Abstain Absent Richard Thurston Voter 0 William H. Beale Voter El Angela Bettina Seconder El........ Christopher Phillips Voter Al Casella Mover Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-130 Resolution Authorizing Application For Grants For Intermunicipal Improvements To United Wappinger Water District Water System WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have entered into negotiations for an Intermunicipal Agreement which will allow for the following water system projects: i) An emergency interconnection between the water systems of the Village of Wappingers Falls and United Wappinger Water District; and ii) Establishment of a Water District to serve Woodhill Green Condominium and potentially other nearby properties. Town of Wappinger Page 15 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 WHEREAS, the Town of Wappinger, is in support of the infrastructure improvements and the efforts to secure the grants and any additional funding; and WHEREAS, the estimated project costs and funding are set forth in detail within the grant applications; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board of the Town of Wappinger hereby consents to the Board of Trustees of the Village of Wappingers Falls to serve as lead agency with respect to the proposed interconnection project. 2. The Town Board of the Town of Wappinger acting as Trustees of the United Wappinger Water District hereby declares its intent to join with the Village of Wappingers Falls and the management board of Woodhill Green Condominiums in the Town's efforts to secure grants from the Consolidated Funding Process, the EFC and any additional funding to facilitate the above infrastructure improvements. 3. The Town Board hereby approves and endorses the grant applications under the Intermunicipal Grant Program for the funding of the project known as United Wappinger Water District, Village of Wappingers Falls, Woodhill Green Emergency Interconnection which is located within the Town of Wappinger. 4. The Town Board hereby authorizes and directs the Town Supervisor to sign the grant applications on behalf of the Town of Wappinger. 5. The Town Supervisor is hereby authorized to execute any and all additional documents in connection with said grant applications and to supply such additional information as may be required for such grant applications. 6. The Town Supervisor is hereby authorized to accept any grants awarded subject to all agency regulations, including but not limited to the EFC, and subject to further action by the Town Board to utilize the funds in accordance with the terms of the grant award. The foregoing was put to a vote which resulted as follows: 1 Vote Record - Resolution RES-2020-130 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye No/Nay Abstain Absent ......,, Richard Thurston Voter 1� William H. Beale Voter l l Angela Bettina Voter El Christopher Phillips 1 Mover 1 El - Al Casella 1 Seconder El Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-131 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 16 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 Correspondence Log - 2020-07- 3 Number To From Date Date Rec` Re: Agenda Date 07-13-001 Town Board Carl S. Wolfson 6/19/2020 6/19/2020 April 2020.Justice Report 7/13/2020 07-13-002 Town Board Carl S. Wolfson 6/19/2020 6/19/2020 February 2020 Justice Report 7/13/2020 07-13-003 Town Board Heather L. Kitchen 6/25/2020 6/25/2020 May 2020.Justice Report 7/13/2020 07-13-004 Town Clerk Christine 0 Reilly -Rao 6/25/2020 6/29/2020 Copy Re: LaGrange Propsed Local Law 7/13/2020 07-13-005 Town Board Ellen Korz 6/20/2020 7/1/2020 Email Re: Quiet Acres Park 7/13/2020 07-13-006 Town Board Carl S. Wolfson 7/212.020 7/212.020 June 2020.Justice Report 7/13/2020 07-13-007 Town Board Heather L. Kitchen 7/6/2.020 7/6/2.020 June 2020.Justice Report 7/13/2020 07-13-008 Town Board Montclair Condominiums 7/6/2.020 7/7/2020 Request Temporary Connection to UWWD 7/13/2020 07-13-009 Town Board Daniel J. Keeler 7/7/2020 7/7/2020 Letter Re; Montclair Condominiums 7/13/2020 07-13-010 Town Board Lee Ann Freno 7/9/2020 7/9/2020 May 2020.Tax Repot 7/13/2020 07-13-011 Town Board Lee Ann Freno 7/9/2020 7/9/2020 June 2020.Tax Report 7/13/2020 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: 1 Vote Record - Resolution RES-2020-131 ll Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye No/Nay Abstain Absent Richard Thurston Voter ll William H. Beale Voter ll Angela Bettina Seconder Christopher Phillips Voter ll Al Casella Mover ll Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. XI. Items for Special Consideration/New Business 1. Motion To: Move $5,690 from A2860, Insurance Recocery, to Steve Fraizier- Carnwath Update A.7110-406 Carnwath Farms Steve Fraizer Presented an update on Carnwath Farms. He proposed moving $5,690 from A2860 Insurance Recoveries to A.7110-406 Carnwath Farms. Town of Wappinger Page 17 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 Town of Wappinger Page 18 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] William H. Beale, Councilman Angela Bettina, Councilwoman Thurston, Beale, Bettina, Phillips, Casella XII. XII. Executive Session 1. Motion To: Enter Executive Session RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Angela Bettina, Councilwoman William H. Beale, Councilman Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Al Casella, Councilman Christopher Phillips, Councilman Thurston, Beale, Bettina, Phillips, Casella XIII. Items Approved After Executive Session RESOLUTION: 2020-132 Resolution Authorizing Temporary Emergency Water Connection For Montclair Condominiums Subject To Future Tenancy Agreement WHEREAS, the existing wells at Montclair Condominiums are not producing sufficient water to supply potable water for its residents and potable water is being trucked in; and WHEREAS, the public water supply for Montclair Condominiums supplies potable water to approximately 1100 residents through 296 service connections; and WHEREAS, the Montclair Condominiums abut certain parcels of Town owned property in the United Wappinger Water District located on Amherst Lane; and WHEREAS, Montclair Condominiums desires to make a temporary water connection to the United Wappinger Water District across the Town parcel to a hydrant located on Amherst Lane; and WHEREAS, Montclair Condominiums submitted a Petition dated July 6, 2020 together with plans and letter from its Engineers; and WHEREAS, the lack of potable water for 1100 residents creates an imminent need that must be addressed on an emergency basis; and Town of Wappinger Page 19 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 WHEREAS, the Dutchess County Department of Behavioral & Community Health has directed Montclair Condominiums to devise an action plan to cure the water supply deficiency; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that the temporary water connection to Montclair Condominiums is an emergency action that is immediately necessary on a limited and temporary basis for the protection or preservation of life, health and property and will be performed to cause the least change or disturbance to the environment, practicable under the circumstances, and is therefore a Type II action under SEQR pursuant to 6 NYCRR 617.5 (c) (42) . 2. The Town Board hereby authorizes a temporary license to Montclair Condominium to install a temporary water connection across its property to the hydrant on Amherst Drive. 3. The Town Board hereby authorizes the Town Supervisor, the Comptroller, the Town Engineer, the Water System Operator, the Attorney to the Town and any other Town Officials to negotiate a temporary water tenancy agreement, which shall provide for the costs of the connection and review costs to be incurred by Montclair Condominiums. 4. The operation of the temporary water connection shall be subject to the execution of a final Temporary Water Tenancy Agreement, approval from the Dutchess County Department of Behavioral & Community Health, the Town Engineer and the Town of Wappinger Water System Operator. 5. Any permanent water connection to Montclair Condominiums must be subject to SEQR review and district extension proceedings under Town Law. 6. The Town Board hereby authorizes the Town Supervisor, the Comptroller, the Town Engineer, the Water System Operator, the Attorney to the Town and any other Town Officials to supply any necessary information to assist Montclair Condominiums with its obligations to cure the water supply violation identified by the Dutchess County Department of Behavioral & Community Health. 7. The Town Clerk is hereby directed to send a copy of this resolution to the Dutchess County Department of Behavioral & Community Health, Montclair Condominiums and its Engineer. The foregoing was put to a vote which resulted as follows: 1 Vote Record - Resolution RES-2020-132 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Yes/Aye No/Nay Abstain Absent ......,, Richard Thurston Voter 1� William H. Beale 1 Mover El Angela Bettina Voter El Christopher Phillips Voter El...... Al Casella Seconder El Dated: Wappingers Falls, New York July 13, 2020 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 20 Printed 8/27/2020 Regular Meeting Minutes July 13, 2020 2. Motion To: Produce a Tenancy Agreement for Emergency Water Connection for George Silvestri RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] William H. Beale, Councilman Angela Bettina, Councilwoman Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Authorize Temporary Building Inspector For Code Enforcement Department For Up To $1,000 Dollars No name was given to fill the position. This motion also included the Supervisor and Director of Strategic Planning and Development to procure individuals for the purposes of assisting in the building and Code Enforcement at a rate to be determined by the Supervisor. RESULT: MOVER: SECONDER: AYES: XIV. Adjournment ADOPTED [UNANIMOUS] Al Casella, Councilman Angela Bettina, Councilwoman Thurston, Beale, Bettina, Phillips, Casella Motion To: Wappinger Adjournment & Signature The meeting adjourned at 11:26 PM. RESULT: MOVER: SECONDER: AYES: Joseph P. Paoloni Town Clerk ADOPTED [UNANIMOUS] Christopher Phillips, Councilman Al Casella, Councilman Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 21 Printed 8/27/2020 2020 CONRACT JT TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN. OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. THIS AGREEMENT made the day of August, 2020, by and between TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. A Not -For -Profit Corporation, with its principal offices at PO BOX 133, Wappingers Falls, New York 12590, hereinafter referred to as the "WAPPINGER LITTLE LEAGUE". WITNESSETH: WHEREAS, the TOWN and WAPPINGER LITTLE LEAGUE have maintained a long- standing relationship in providing baseball and softball programs for the youth of the Town of Wappinger; and WHEREAS, the baseball and softball programs of the WAPPINGER LITTLE LEAGUE are provided at the Robinson Lane Recreation Facilities owned by the Town of Wappinger; and WHEREAS, WAPPINGER LITTLE LEAGUE has assisted the TOWN in aintaining the baseball fields and facilities on which its teams play; and WHEREAS, the Town Board determines that it is in the best interest of the TOWN to provide baseball and softball programs for the youth of the col unity and the parties desire to enter into this agreement to provide a framework for the programs for the youth of the Town of Wappinger and the respective obligations of the parties; 1 VVappLittle League (FlES'2020434: Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract Packet Pg 22 ' 2020 CONRACT WITH TOWN OF WAPPINGER I LE LEAGUE 9.8.a NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the WAPPINGER LITTLE LEAGUE hereby agree as follows: 1. Term. The Term of this Agreement shall commence immediately upon its execution and shall expire upon December 31, 2020. 2. Services Provided. 2.1. The WAPPINGER LITTLE LEAGUE shall provide qualified and responsible management and supervision of a program for youth between the ages of 4 and 20, residing within the Town of Wappinger and the Village of Wappingers Falls. 2.1.1. Within 30 days of the start of its Spring and Fall seasons, WAPPINGER LITTLE LEAGUE shall supply the TOWN with a written roster of all participants in the Spring Softball and baseball programs; such roster shall contain the names, addresses, and ages of each participant. 2.1.2 The WAPPINGER LITTLE LEAGUE shall verify that all participants actually reside in the TOWN of Wappinger, the Village of Wappingers Falls or otherwise comply with the geographic residence restrictions established by Little League Baseball, Inc. 2.2. WAPPINGER LITTLE LEAGUE shall provide programs for the following ages: a. Challenger Leagues — Age Group — varied 4 to 20 years old; b. Tee Ball — Age Group - 4 to 6 years old; c. Minor League Baseball — Age Group — 7 to 12 years old; d. Little League Baseball & Softball — Age Group - 9 to 12 years old; e. Instructional Baseball & Softball — Age Group — 6 to 8 years old; f. Junior/Senior League Baseball & Softball — Age Group —13 to 16 years old; 2.3. Such softball and baseball programs shall comport with the rules and regulations of the Little League Baseball, Inc. ("LL International"). 2 Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract Packet Pg. 23 ' 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a 2.4. Assignment of participating youths to specific teams shall be made by WAPPINGER LITTLE LEAGUE, at its sole discretion, which assignment shall take into consideration the age of the youth and the youth's individual skill level. 2.5. WAPPINGER LITTLE LEAGUE shall provide all coaches, instructors, and umpiring personnel necessary to provide management, supervision, instruction and safety in the above -referenced leagues, as well as provide the TOWN's youth with a team experience in a formal organized program. It shall be the responsibility of the WAPPINGER LITTLE LEAGUE to perform background checks of all coaches and instructors in accordance with the Rules of LL International. Upon request, WAPPINGER LITTLE LEAGUE shall provide proof of background checks conducted. 2.6 The WAPPINGER LITTLE LEAGUE shall provide such administrative personnel as necessary to manage a smooth and efficient operation of the program and the above -mentioned Leagues, together with necessary coordination of such programs —and use of TOWN fields in consultation with the Town of Wappinger Recreation Director, the Chairman of the Town of Wappinger Recreation Committee and the Supervisor of Buildings and Grounds. 2.7 The Parties acknowledge that the following individuals have been duly appointed to the following positions for the purpose of implementing this agreement and the Terms and conditions hereunder: Town of Wappinger Supervisor- Dr. Richard L. Thurston Town Board Liaison to the Recreation Committee — Al Casella Wappinger Recreation Director — Jessica Fulton Supervisor of Buildings and Grounds — Steven Frazier President of Wappinger Little League — Jeff Tomlins -3 Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract Packet Pg. 24 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a Safety Director of Wappinger Little League — Tina Sassano Director of Field Maintenance, Wappinger Little League — James Lamando Each Party will promptly notify the other party if there is any change in the above identified persons. 3. Revocable License to Use Town Sports Field Facilities. 3.1. The TOWN shall provide sports field facilities for use by WAPPINGER LITTLE LEAGUE under the terms of this Agreement. 3.2 The TOWN grants a revocable permit to WAPPINGER LITTLE LEAGUE to use the Robinson Lane Recreation Facility, and such other fields as authorized by the TOWN in accordance with the Field Use Procedure as adopted by the Town Board. 3.3. The following fields at the Robinson Lane Complex shall be reserved for the programs of the WAPPINGER LITTLE LEAGUE during the agreed upon times of operation: F3, Ins1, Ins2, RI, R2, SLI, T1, T2, and Challenger (hereinafter "RESERVED FIELDS"). The WAPPINGER LITTLE LEAGUE shall be permitted to use other fields at the Robinson Lane Complex as needed with approval of the TOWN. 3.4. To the extent practicable, the TOWN shall give WAPPINGER LITTLE LEAGUE priority in scheduling the use of the fields. The Wappinger Recreation Director and/or the Chairman of the Recreation Committee may consult with the Supervisor of Buildings and Grounds of the Town of Wappinger in approving the use of the fields or other facilities authorized herein. The TOWN reserves the right to permit third parties to use the RESERVED FIELDS at such times that do not interfere with the schedule of WAPPINGER LITTLE LEAGUE. 3.5. The Recreation Director will notify WAPPINGER LITTLE LEAGUE in the event there is any request to use any of the park facilities that may conflict with the approved Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract 4 Packet Pg. 2 ' 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a schedule of uses by WAPPINGER LITTLE LEAGUE. To the extent practicable, the TOWN shall not grant approval to outside users so as to insure there will be no conflicts with the approved schedule of uses for WAPPINGER LITTLE LEAGUE. Both Parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WAPPINGER LITTLE LEAGUE whenever possible or practical. 3.6. The use of authorized baseball fields and related facilities shall include backstops, fencing, dugouts, restrooms, common areas and food stands all as they presently exist and as they may be maintained from time to time hereafter. 4. Town Maintenance of Facility. 4.1. The TOWN shall be responsible for the maintenance and repair of the fields and such custodial services as may be deemed necessary by the Supervisor of Buildings and Grounds, except as hereinafter set forth. 4.2 The TOWN will clean and supply the restrooms, including the Challenger restrooms, twice a week during normal working hours throughout the play season, on days agreed upon by the Supervisor of Buildings & Grounds and President of the WAPPINGER LITTLE LEAGUE. The TOWN will also provide an outside contractor to clean and supply the restrooms on weekends during the play season as needed. Such cleaning shall include sweeping the floor, picking debris, cleaning sinks, toilets and partition walls, mopping the floor, checking and resupplying toilet paper, paper towels and hand soap as needed, and emptying the garbage. 4.3 Weather and field conditions permitting, the TOWN will provide weekly mowing of the outfields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and WAPPINGER LITTLE LEAGUE President. The TOWN will also provide string trimming of the fences, buildings, and bleachers on a bi-weekly basis. The TOWN Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract 5 Packet Pg. 26 ' 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. 4.4 The TOWN shall maintain and keep in structurally and/or mechanically good order the dugouts, backstops, fences, signs, plumbing and electrical services to the parks. 4.5 The WAPPINGER LITTLE LEAGUE shall promptly notify, in writing, the Supervisor of Buildings and Grounds of any dangerous conditions on any of the facilities licensed hereunder or any needed repairs to the baseball fields or other facilities. The Supervisor of Buildings and Grounds will provide an emergency phone number at which he or another designated individual can be reached in the event emergency repairs are required 4.6 The Town Board, in consultation with the Supervisor of Buildings and Grounds must approve all capital or major improvements requested to be undertaken by WAPPINGER LITTLE LEAGUE on any of the sports fields; the approval shall be in the form of a motion or resolution adopted by the Town Board at any regular or special Town Board Meeting. The request for improvements must identify the type of improvements, design plans, projected cost, and expenses. All such improvements shall be paid for by WAPPINGER LITTLE LEAGUE unless the TOWN expressly agrees otherwise. 4.7 Since Robinson Lane Recreation Facility is a locked -gate Town park, the Town's Supervisor of Buildings and Grounds, after consultation with the Town Supervisor, shall create a list of authorized key holders to open and close the park each day and shall so notify WAPPINGER LITTLE LEAGUE and the Town's Director of Recreation. (See also paragraph 5.4 regarding use of nightlights.) Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract 6 Packet Pg. 27 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a 4.8 Upon request by WAPPINGER LITTLE LEAGUE, the TOWN, through the Department of Buildings and Grounds, shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 4.9 The TOWN will supply twenty-four (24) tons of clay and one (1) pallet of lime marking chalk for the ball fields at the beginning of the season when field conditions permit. 4.10 The TOWN hereby grants WAPPINGER LITTLE LEAGUE a permit to use, in common with TOWN employees, the lawn mower owned by the TOWN and located at Robinson Lane Recreation Facility for the preparation and maintenance of infield grass on each of the ball fields. 4.11 The TOWN shall keep the well on the property in working order to provide a potable water supply at Robinson Lane Recreation Facility. The TOWN will pay the cost of the mandatory and routine testing of this public water source performed by CAMO Pollution. 5. Use of Concession Stand & Storage Buildings. 5.1. During the time that WAPPINGER LITTLE LEAGUE is using the baseball fields in accordance with the approved schedule of use, the TOWN hereby grants a revocable permit to WAPPINGER LITTLE LEAGUE to use existing buildings at the Robinson Lane Recreation Facility for the sole purposes of storage of equipment and the operation of a food and drink concession. No other use of the buildings or the grounds shall be permitted without the expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town Supervisor. 5.2. The WAPPINGER LITTLE LEAGUE will be responsible for the maintenance and cleanliness of the concession stand and all equipment in connection therewith, and further affirmatively agrees to operate the concession stand and equipment in accordance with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract 7 Packet Pg. 28 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a the rules of the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 5.3. Any violations of any rule, law, regulation, ordinance or statute by WAPPINGER LITTLE LEAGUE in the operation of the concession stand will be the sole responsibility of WAPPINGER LITTLE LEAGUE and WAPPINGER LITTLE LEAGUE agrees to indemnify and hold harmless the TOWN for any such violations. WAPPINGER LITTLE LEAGUE will repair/correct any violation within 30 days or by the date mandated by the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 6. Use of Lights. 6.1 The parties acknowledge that lights for night games have been installed at the following fields at the Robinson Lane Recreation Facility: Holt Memorial Field Senior League Field 1 Melissa Bisaccia Memorial Field. 6.2 WAPPINGER LITTLE LEAGUE shall only be authorized to utilize the night lights three (3) nights per week, Monday through Friday only, at each of the fields, and at such other times as approved in writing by the Town Supervisor, after consultation with the Supervisor of Buildings and Grounds. These three weekly uses are for WAPPINGER LITTLE LEAGUE and cannot be transferred or assigned to other organizations. Under no circumstances shall lights be permitted to operate beyond 11:00 p.m. 6.3. The TOWN shall maintain the night lights and keep them in proper working order and inspected as needed to ensure that the lights comply with International Little League Guidelines for night games. Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract 8 Packet Pg. 29 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a 6.4 WAPPINGER LITTLE LEAGUE shall designate in writing a person or persons whose responsibility it is to turn the night lights off each night WAPPINGER LITTLE LEAGUE uses the lights. 6.5 The TOWN shall pay for all utility charges for the sports fields and facilities. 7. WAPPINGER LITTLE LEAGUE Responsibilities. 7.1 WAPPINGER LITTLE LEAGUE shall pay for the cost of a telephone line at the Robinson Lane Recreation Facility. 7.2 WAPPINGER LITTLE LEAGUE shall be responsible for routine weekly cleaning of the dugouts, and for maintaining all infields on each of the RESERVED FIELDS, including turf maintenance, mowing, seeding, aeration, installation/raking and rolling of clay, application of fertilizer and application of drying agent for clay; WAPPINGER LITTLE LEAGUE shall be responsible for spreading the clay and appropriately marking the ball fields with lines. 7.3 WAPPINGER LITTLE LEAGUE will be responsible for properly measuring all base line distances; pitcher mound distances and any other measurements on the RESERVED FIELDS pursuant to the guidelines and regulations set forth by the International Little League. 7.4 WAPPINGER LITTLE LEAGUE shall be responsible for procuring any additional clay over the twenty-four (24) tons to be supplied by the TOWN. 7.5 WAPPINGER LITTLE LEAGUE will supply all other needed equipment, including tractors, mowers, chalk liners, etc., necessary to maintain the RESERVED FIELDS in suitable condition, for play, in accordance with International Little League Rules; WAPPINGER LITTLE LEAGUE shall also supply fuel and other maintenance items for all lawn mowers used by it. Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract 9 Packet Pg. 0 1 2020 CONRA.CT WITH TOWN OF WAPPINGER Lil ILE LEAGUE 9.8.a 7.6. WAPPINGER LITTLE LEAGUE will pay for all improvements it deems necessary outside of the TOWN responsibilities as previously defined, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. S. Equipment. The WAPPINGER LITTLE LEAGUE shall provide all sporting equipment necessary for the implementation of Programto be provided herein, including, but not limited to, bases, balls, insurance, uniforms, league fees, players' equipment, pitching mound, etc., and such other equipment to maintain the fields as required by the International Little League Rules. 9. Availability. The baseball/softball sports program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The Program shall be provided starting in the month of March 2020 through the completion of the summer/fall program in November 2020, as approved by the Recreation Department. 10. Medical Insurance Coverage. The WAPPINGER LITTLE LEAGUE shall provide all medical/injury insurance equal to or greater than the standard International Little League insurance coverage covering the medical expenses for any of the participants in the baseballlsoftball program. 11. Liability Insurance. 11.1 In addition, the WAPPINGER LITTLE LEAGUE agrees to provide to the TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy is in force with the WAPPINGER LITTLE LEAGUE as a named insured written with an insurance company with an A. M. Best's rating of "A" or better. The occurrence limit must indicate a limit not less than $1,000,000. The TOWN shall be named as an additional insured and/or certificate holder on a primary, non-contributory basis. Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract -10- Packet Pg. 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a 11.2 No approval is granted or implied unless and until all requirements as outlined above have been submitted to, received and accepted by the TOWN. 12 Indemnification. The WAPPINGER LI FILE LEAGUE shall save, indemnify and hold harmless the TOWN and its agents, servants and employees from against all claims, damages, losses and expenses, including all expenses incurred by the TOWN in the defense, settlement or satisfaction thereof including expenses of legal counsel, arising out of or resulting from any and all claims, damages, disease, death or injury arising from this Agreement or in connection with the occupancy or use by the WAPPINGER LITTLE LEAGUE of the Town of Wappinger Recreation Fields including the loss or destruction of tangible personal property, except, however, the WAPPINGER LITTLE LEAGUE shall not responsible or assume any liability for any acts of negligence committed by or on behalf of the TOWN, its agents, servants and employees. 13. Worker's Compensation. The WAPPINGER LITTLE LEAGUE shall provide Worker's Compensation coverage as required by General Municipal Law §108 14. Financial Disclosure. The WAPPINGER LITTLE LEAGUE will furnish to the Town Board a profit and loss statement for the WAPPINGER LITTLE LEAGUE and show distribution of funds from any non-profit tournaments run by WAPPINGER LITTLE LEAGUE at Robinson Lane Recreation Facility no later than January 31 st of each year hereafter. 15. Fee for Administration of Program. 15.1. Subsequent to the signature of this Agreement, the TOWN shall make a one-time payment to WAPPINGER LITTLE LEAGUE of Eight Thousand Dollars ($8,000.00) for the administration and oversight of the 2020 programs to be provided pursuant to this Agreement and as agreed upon in the 2020 TOWN budget. Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract -11- Packet Pg. 2 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8.a 15.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing all additional financial support necessary to provide the Programs. 15.3. The TOWN will authorize the use of the Robinson Lane Recreation Facility by the WAPPINGER LITTLE LEAGUE for one additional tournament in the year 2020. All proceeds from the tournament will be paid to WAPPINGER LITTLE LEAGUE and will be used to financially subsidize the baseball program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Robinson Lane Recreation Facility for this tournament, except, however, in the event the night lights are used, the TOWN shall be paid $250.00 per field for the use of such lights. 16 Non -Discrimination. The WAPPINGER LITTLE LEAGUE will not discriminate because of race, color, national origin, ancestry, or religion. WAPPINGER LITTLE LEAGUE will commit to being a safe and civil environment for all players coaches, staff, volunteers, umpires, and patrons, free from harassment, intimidation, or bullying. The program shall be open to all youths who have a permanent residence within the Town of Wappinger, including the Village of Wappingers Falls, who are between the ages of 5 and 20. 17 Independent Contractor. The parties hereby agree that WAPPINGER LITTLE LEAGUE is hereby deemed an "independent contractor" and shall not be considered an employee or agent of the Town of Wappinger. 18 Non -Assignment. This Agreement may not be delegated, assigned, or transferred. 19 Authorization. Each Party, represents that it has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or his duly designated Deputy Supervisor is hereby authorized to execute this Agreement pursuant to a Resolution - 12- Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract Packet Pg. 3 2020 CONRACT WITH TOWN OF WAPPINGER LITTLE LEAGUE 9.8,a adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the 13'1' day of July, 2020. 19. Duplicate Originals. This instrument shall be executed in four (4) counterparts with at least one duplicate original permanently filed in the Office of the Town Clerk of the Town of Wappinger. IN WITNESSETH THEREOF, the parties have set their hands and seal this 2-2-day of August 2020. T APP By: DR. RJCHARD L, THURST pervisor TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION. INC. By: STATE OF NEW YORK COUNTY OF DUTCHESS ) ) ss: S, President On the day of A , 2020, before me, the undersigned, personally appeared DR. RICHARD L. THURSTON known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. /11712 71A'UZ4-4-11. /1/ I Notary Public Alessandra M. Vecchio Notary Public, State of New York No, 01VA4969756 Qualified In Dutchess County Commission Expires 7/23/2O. - 13 - VVappLittle League (FlES'2020434: Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract Packet Pg 34 2020 CONRACT WJTH TOWN OF WAPPINGER LITTLE LEAGUE 9.8,a )) ss: STATE OF NEW YORK COUNTY OF DUTCHESS pLtst On the 2,2 day of ,2020, before me, the undersigned, personally appeared JEFF TOMLINS known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Alessandra M. Vecchio Notary Public, State of New York No. 01VA4969756 Qualified in Dutchess County Commission Expires 7/23/20e a-- - 14 - VVappLittle League (FlES'2020434: Authorizing the Execution of the Agreement between the Wappinger Little Attachment: 2020 Contract Packet Pg 35 O.1.a NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing Draft: 5-29-20 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 2 of the year 2020 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, Chapter 217, Subdivision of Land, and Chapter 145, Go -Carts, and Chapter 122, Fees and Fines of the Town Code with Respect to a Variety of Matters." 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.) Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 36 O.1.a LOCAL LAW No. 2 OF THE YEAR 2020 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. 2 of 2020, for the Purpose of Amending Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go -Carts, and Chapter 122, Fees and Fines, of the Town Code with Respect to a Variety of Matters." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go -Carts, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters. 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. Amendments to Chapter 240, Zoning 1. A new Section 240-20.0 shall be added and shall read as follows: C. One driveway. The lot on which a one -family or two-family dwelling is located shall have a maximum of one driveway curb cut. 2. Section 240-96.G shall be amended to read as follows: G. Commercial vehicles. Not more than one light -duty commercially registered vehicle and one trailer may be parked or stored outdoors on any residentially used or residentially zoned lot at any time, except that on such residential lots which are 2 acres of more in size, not more than one light -duty commercially registered vehicle and one trailer per acre may be parked or stored outdoors at any time, to a maximum of 3 light -duty commercially registered vehicles and 3 trailers regardless of lot size. For the purposes of this section, a "light -duty commercially registered vehicle" shall exclude vehicles which exceed 9,500 pounds in registered gross vehicle weight. The following expressly prohibited examples include but are not limited to tractors, tractor - trailers, semitrailers, rollers, tractor and truck cranes, power shovels, road -building machines, snowplows, road sweepers, sand spreaders, trailers, excavators, tank trailers, tow trucks and buses, and any other similar vehicle. 3. Section 240-30.A shall be amended to read as follows: 2 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 7 O.1.a A. If any accessory building is attached to a main building, including attachment by means of an enclosed and heated breezeway, it shall comply, in all respects, to the requirements of this chapter applicable to the main building. All other accessory buildings shall comply to the requirements for such buildings in the Schedule of Regulations. 4. The following definition in Section 240-5 shall be amended to read as follows: BUILDING, ACCESSORY A building which is subordinate to the principal building on the lot and used for purposes customarily incidental to that of the principal building. Accessory buildings shall include but not be limited to barns, garages, sheds, huts, garage- or shed -like tents, fabric shelters, etc. Where an accessory building is attached to the principal building in a substantial manner, as by a common wall or roof, such accessory building shall be considered part of the principal building. An accessory building connected to the principal building by an enclosed and heated breezeway shall also be considered part of the principal building. 5. Sections 240-51.A(1) and (2) shall be amended to read as follows: (1) Minimum park area. A mobile home park shall have a minimum area of at least five acres. (2) Mobile home density. The maximum number of mobile home lots in a mobile home park shall not exceed the number of one -family dwelling units which, in the opinion of the Town Board, could be permitted under the requirements of the residential zoning district in which the site is located, as determined in accordance with § 240-19B. Notwithstanding the above, there shall be no increase in the number of mobile homes in any mobile home park existing as of July _, 2020. 6. Under the "Service" heading in the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37, the following new use shall be added at the end of the existing list and shall read as follows: Commercial kitchens, without any end -consumer presence on the premises This new use shall be a Permitted Principal Use (PP) in the GB, COP and Al zoning districts. 7. A new Section 240-16.H shall be added and shall read as follows: H. Notwithstanding the above, the conversion of any dwelling prior to January 29, 1963 to a two-family or multifamily dwelling without the Town's approval shall be considered a valid conversion. This section does not affect the conforming or 3 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 38;i O.1.a nonconforming status of the use in accordance with this chapter, and does not affect the applicability of the Uniform Fire Protection and Building Code to such use. 8. In the parking schedule in Section 240-97.B, the following requirement shall be amended to read as follows: Use Multifamily dwelling Minimum Number of Off -Street Parking Spaces 2 for each dwelling unit, plus 0.5 for each bedroom; in addition, the Planning Board may adjust the parking requirement to account for such matters as a clubhouse or recreation area in a multifamily development, garage parking (which could be turned into storage space) , driveways, and assigned parking spaces which can not used in common, etc. 9. A new Section 240-36.1.D shall be added and shall read as follows: D. The use of go-carts shall also be subject to the provisions of Chapter 145 of this code. Where the provisions of this chapter and those of Chapter 145 may be in conflict, such as with regard to hours of operation, the more restrictive provisions shall govern. 10. Section 240-81.1(g) shall be amended to read as follows: (g) That the proposal shall comply with the most current FCC regulations regarding emissions of electromagnetic radiation as currently found in FCC Regulations, Title 47, Part 1, Section 1.1307, and all other relevant sections. The special permit granting authority shall not regulate the placement, construction or modification of telecommunications towers, antennas and personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC regulations for such emissions; such regulation by the SPGA would be in violation of FCC provisions. Section 4: Changing of Zoning District Designation of Parcels 1. The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Number Property Address Owner's Name and Address Existing Zoning District New Zoning District 6157-01-008835 47 Marlorville;Road Michael and Anell Smith 47 Marlorville Road Wappingers Falls, NY 12590 R-40/80 R-15 4 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap 39 Packet Pg.... 0.1.a 6057-02-996842 49 Marlorville Road John Malendes and Eleanor Philipson- Mclean 49 Marlorville Road Wappingers Falls, NY 12590 R 40/80 R-15 6057-02-987852 Marlorville Road Alexander Reese P.O. Box 230 Hughsonville, NY 12537 R-40/80 R-15 6057-02-959870 Marlorville Road 0bercreek, P L P.O. Box 220 Hughsonville, NY 12537 R-40/80 R-15 6057-02-948875 63 Marlorville Road 0bercreek, P L P.O. Box 220 Hughsonville, NY 12537 R-40/80 R-15 6057-02-960903 68 Marlorville Road Ernst Martin, Jr. and Paula Martin P.O. Box 553 Hughsonville, NY 12537 R-40/80 R-15 6057-02-965893 66 Marlorville Road Consuelo Adler 66 Marlorville Road Wappingers Falls, NY 12590 R-40/80 R-15 6057-02-973912 15 Hamilton Road Cheryl Hait 15 Hamilton Road Wappingers Falls, NY 12590 R-40/80 R-15 6057-02-976892 64 Marlorville Road Debra Gallo and Leslie Leutwiler 64 Marlorville Road Wappingers Falls, NY 12590 R-40/80 R-15 6057-02-977884 62 Marlorville Road Donald Brooke, Sr. 62 Marlorville Road Wappingers Falls, NY 12590 R-40/80 R-15 6057-02-989893 9 Hamilton Road Kaichuan Liu and Yinling Zhang 9 Hamilton Road Wappingers Falls, NY 12590 R-40/80 R-15 6057-02-991875 58 Marlorville Road Bonnie Bogardus 58 Marlorville Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-010860 Hamilton Road 0bercreek, P L P.O. Box 220 Hughsonville, NY 12537 R-40/80 R-15 6157-01-032872 2 Hamilton Road Edward and James Collins 2 Edgewater Drive Poughkeepsie, NY 12603 R-40/80 R-15 6157-01-027880 4 Hamilton Road Steven and Jean Van Tassel 4 Hamilton Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-017891 6 Hamilton Road John and Kristy Detweiler 6 Hamilton Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-002908 10 Hamilton Road Traci Tullius and Jason Head 10 Hamilton Road Wappingers Falls, NY 12590 R-40/80 R-15 6057-02-995914 12 Hamilton Road William Staib 12 Hamilton Road Wappingers Falls, NY 12590 R-40/80 R-15 6057-02-989923 14 Hamilton Road Peter and Heather McGowan 14 Hamilton Road Wappingers Falls, NY 12590 R-40/80 R-15 5 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 40 O.1.a 6057-02-997933 15 Connor Road Charles and Joan Goldman 15 Connor Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-003924 13 Connor Road Brian Barnes 13 Connor Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-013914 9 Connor Road Kevin Birch 9 Connor Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-025901 7 Connor Road Carol Dickson 7 Connor Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-035890 7 Connor Road Carol Dickson 7 Connor Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-042884 Connor Road Edward and James Collins 2 Edgewater Drive Poughkeepsie, NY 12603 R-40/80 R-15 6157-01-048902 2 Connor Road Malcolm, Ann, Cheryl and Paul Hait; Gail Scotto; Susan Hamilton 2 Connor Road Wappingers Falls, NY 12590 R 40/80 R 15 6157-01-038921 8 Connor Road James Mathiasen 8 Connor Road Wappingers Falls, NY 12590 R-40/80 R-15 6157-01-017936 10 Connor Road Kim Merendino 10 Connor Road Wappingers Falls, NY 12590 R-40/80 R-15 2. The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Number Property Address Owner's Name and Address Existing Zoning District New Zoning District 6157-04-632059 19 Osborne Hill Road William T. Minard 19 Osborne Hill Road Wappingers Falls, NY 12590 HD HB 6157-04-649068 1147 Route 9 Osborne Plaza LLC 1020 Wolcott Avenue Beacon, NY 12508 HD HB 6157-04-658054 1145 Route 9 TEG Federal Credit Union 2 Commerce Street Poughkeepsie, NY 12603 HD HB NA Osborne Square Common Area Osborne Plaza LLC 1020 Wolcott Avenue Beacon, NY 12508 HD HB 6157-04-644025 27 Osborne Hill Road Lou Paggiotta, Trustee 11 Juniper Hill Road Garrison, NY 10524 HD HB 6157-04-664039 1127-1131 Route 9 D J T Realty LLC 1127 Route 9 Wappingers Falls, NY 12590 HD HB 6 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 4 O.1.a 6157-04-671026 1123 Route 9 Myles P. Dempsey, Sr. Family LLC 465 Knollwood Road White Plains, NY 10603 HD HB 6157-04-704073 1136 Route 9 LPVLLC 35 Burt's Path Hopewell Junction, NY 12533 HD HB 6157-04-708045 88 Smithtown Road Jai K. Jalaj, Roy N. Girija 9 Peter Drive Wappingers Falls, NY 12590 HD HB Section 5. Amendment to Zoning Map in Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 4 above, as shown on Exhibit A entitled, "Proposed Rezoning, Marlorville Road Area, Town of Wappinger, NY," dated March 10, 2020 and on Exhibit B entitled, "Proposed Rezoning, HD to HB, Route 9 — Town of Wappinger, NY," dated March 10, 2020, both attached hereto. Section 6. Amendments to Chapter 217, Subdivision of Land 1. Section 217-24.A shall be amended to read as follows: A. Lot and driveway arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reason of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning chapter and the County Health Department regulations and in providing driveway access to buildings on such lots from an approved street in compliance with the driveway requirements of the Zoning chapter and the Town Highway Specifications. Each such lot shall constitute a good dwelling site taking full advantage of topography, sunlight and solar access. The lot on which a one -family or two-family dwelling is located shall have a maximum of one driveway curb cut. Section 7. Amendments to Chapter 145, Go -Carts Section 145-3 shall be amended to read as follows: § 145-3 Applicability of provisions. This chapter shall apply to the operation of go-carts on all lands, public or private, within the town except upon a public highway. The use of go-carts shall also be subject to the provisions of Chapter 240 of this code. Where the provisions of this chapter and those of Chapter 240 may be in conflict, such as with regard to hours of operation, the more restrictive provisions shall govern. 7 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 42 O.1.a Section 8. Amendments to Chapter 122, Fees and Fines 1. Section 122-15 shall be amended to read as follows: § 122-15 Applicability. The fees set forth in this article shall apply to the provisions of all local laws, ordinances, regulations and resolutions adopted by the Town of Wappinger and shall supersede any specific fee contained or referred to in such laws, ordinances, regulations or resolutions which have been adopted prior to the date of this article. References to section numbers (denoted by the "§" symbol) within § 122-16 of this article refer to sections of the Code of the Town of Wappinger from which the particular fee in question is derived. If no section number is indicated for a particular fee, that fee was enacted at the time of adoption of this article by local law. Fees relating specifically to an application or a portion(s) of an application for the approval and/or installation of handicap facilities shall be waived upon receipt by the Town of adequate documentation from a doctor regarding the disability involved. Except for the escrow funds in § 122-16.N(7) herein, all fees are nonrefundable. Unused monies, if any, in the escrow funds are refundable. Section 9. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 10. 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 11. 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 8 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 43 O.1.a 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 12. 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: Exhibits A and B (Proposed Zoning Maps) g:\data\documents\docs2\500\wappinger\code amendments 2020\misc code II 5-29-20.dhs.docx 9 Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 44 0.1.b State Environmental Quality Review Act NEGATIVE DECLARATION Notice of Determination of Non -Significance Date: , 2020 Name of Action: The Adoption of a Local Law Amending Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go -Carts, and Chapter 122, Fees and Fines, of the Town Code with Respect to a Variety of Matters. 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. SEQRA Status: Type I Action Conditioned Negative Declaration: No Description of Action: The Proposed Action is the adoption of a Local Law amending Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go -Carts, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters. Location: Town of Wappinger, Dutchess County Reasons Supporting This Determination: The proposed amendments to the Wappinger Town Code do not involve any direct physical changes to the environment. The proposed amendments will not result in the various chapters being less environmentally restrictive than the current regulations. All of the proposed amendments to the Town Code involve a modification of standards intended to benefit and protect the environment rather than to adversely impact the environment. 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. Attachment: misc code LL neg dec.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 45 O.1.b 2. The Proposed Action will not have a significant adverse environmental impact with respect to any unique or unusual land forms. 3. 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 Critical Environmental Area (CEA). 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. 2 Attachment: misc code LL neg dec.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 46 ii O.1.b 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. 20. 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 adoption of the Local Law 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: Town of Wappinger Town Board Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 Contact Person: Dr. Richard L. Thurston, Town Supervisor Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 (845) 297-2744 Filing and Publication: This Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the Town of Wappinger Town Clerk. Further, this Negative Declaration shall be emailed to enb@a.dec.ny.gov for publication in the Environmental Notice Bulletin. j:\docs2\500\wappinger\code amendments 2020\misc code LL neg dec.dhs.docx 3 Attachment: misc code LL neg dec.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap Packet Pg. 47 MARCUS J. MOLINARO COUNTY EXECUTIVE COUNTY OF DUTCHESS DEPARTMENT OF PLANNING AND DEVELOPMENT July 9, 2020 To: Town Board, Town of Wappinger Re: ZR20-153, Local Law #2: Code Changes and Rezonings 0.1.c EOIN WRAFTER, AICP COMMISSIONER The Dutchess County Department of Planning and Development has reviewed the subject referral within the framework of General Municipal Law (Article 12B, Sections 239-I and 239-m). ACTION The town is proposing numerous small additions and changes to their code. Among them are a restriction on mobile home park expansion, increased parking minimums for multifamily housing, and the rezoning of 28 residential parcels from R-40-80 to R-15 and eight commercial parcels from Highway Design to Highway Business. COMMENTS Multifamily parking requirements The proposed law would increase parking requirements from 1 space per unit + 0.5 per bedroom to 2 spaces per unit + 0.5 per bedroom. As an example, at the new rate a 30-unit building with ten 1-bedroom and 20 2-bedroom apartments would require 85 parking spaces. Conservatively, that will take up more than a half -acre of land. The cost of these spaces —both of constructing them and, importantly, of the opportunity cost to the developer of not being able to do something else with the land —will be passed on to residents and often come at the cost of amenities like playgrounds or green space. At a time when diverse housing options are badly needed in our region (and when the importance of Tower -income essential workers is more apparent than ever) this change will prevent needed units from being built and increase the cost of those that are built. Expansive parking lots also reduce walkability and detract from community aesthetics. We do understand that this proposed change stems from negative experiences with under - parked complexes. We also understand that the planning board has the ability to allow parking below the minimum at their discretion. To address the under -parking issue while minimizing the negative impacts of over -parking, we suggest a few alterations: 1. Lower the increase from 2 spaces per unit to 1.5. In the example above, this would reduce the requirement to 70 spaces —still a substantial increase from the 55 now required. Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap 122 Fees & Fines 85 Civic Center Plaza, Suite 107, Poughkeepsie, New York 12601 • (845) 486-3600 • Fax (845) 486-3610 www.dutchessny.gov Packet Pg. 48 0.1.c 2. Consider including guidance for when future planning boards could consider reducing the requirement. Examples include presence of sidewalks, available street parking, nearby bus routes, etc. 3. Consider including an exemption or a lower minimum for projects with affordable units, whose residents tend to have fewer cars. Mobile home requirements Mobile home parks are a major source of unsubsidized affordable housing. Prohibiting the expansion of existing parks, even if they follow the health and safety requirements included elsewhere in the code, has the potential to negatively impact housing affordability. If it has not done so already, we suggest the Town analyze how many parks could feasibly be impacted by this change, and to what extent. We also suggest that the Board clarify how the new law would impact an existing mobile home that was destroyed or damaged. RECOMMENDATION For the reasons stated above, we recommend the Board not adopt the proposed law until the parking minimum increase for multifamily housing is lowered from 2.0 per unit to 1.5 per unit. Voting and Reporting Requirements: If the Board acts contrary to our recommendation, the law requires that it do so by a majority plus one of the full membership of the Board and that it notify us of the reasons for its decision. Eoin Wrafter, AICP, Commissioner By Dylan Tuttle Junior Planner Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go -Carts, Chap 122 Fees & Fines Packet Pg. 49 Dutchess County Department of To Date#pgs 0.1,c Planning and Development I„J i Co./Dept. From Hilt Fax # Phone # 239 Planning/Zoning Referral - Exemption Communities it Municipality: Town of Wappinger 08 Referring Agency: Municipal Board cu u_ Tax Parcel Numbers(s): 0088350000, 9968420000, 9878520000, 9598700000, 9488750000, 9609030000, 9658930000, N 9739120000, 9768920000, 9778840000, 9898930000, 9918750000, 0108600000, 0328720000, 0278800000, 0178910000... N v- Project Name: Local law 2 of 2020 - several code changes and rezonings es Applicant: Town of Wappinger 0 vi Address of Property: t es C) Exempt Actions:* 239 Review is NOT Required Actions Requiring 239 Review Parcels within 500 feet of: 0 Comprehensive/Master Plans State Road: tr et • Administrative Amendments (fees, iron// procedures, penalties, etc.) ri Zoning Amendments (standards, uses, definitions, district County Road: Q regulations, etc.) es 1� n 11 • Special Permits for residential uses (accessory apts, home occupations, , 1► Rezonings involving all map changes State Property (with recreation area 0 building) '4 etc.) Site Plans (all) or public c • Use Variances for residential uses County Property (with recreation es d Special Permits for all non-residential uses area or public building) —I • Area Variances for residential uses Municipal Boundary Q Renewals/Extension Site Plans Use Variances for • of or all non-residential uses = Special Permits that have no changes from previous approvals Area Variances for all non-residential uses Farm operation in an Agricultural 0 District N No Authority to review these Actions 'a • Subdivisions / Lot Line Adjustments Other Local Laws associated with zoning historic = (/) • Interpretations (wetlands, preservation, affordable housing, architectural review, etc.) ti v- Exempt Action submitted for informal Other (Describe): N Q r review es Date Response Requested: 7/8/2020 v M Entered By: Tuttle, Dylan o z *These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.* For County Office Use Only Response From Dutchess County Department of Planning and Development No Comments: Matter of Local Concern No Jurisdiction No Authority Withdrawn Incomplete - municipality must resubmit to County Exempt from 239 Review None Comments Attached: Local Concern with Comments Conditional Denial Incomplete with Comments- municipality must resubmit to County Informal Comments Only (Action Exempt from 239 Review) Date Submitted: 6/15/2020 Date Received: 6/18/2020 Date Requested: 7/8/2020 Date Required: 7/15/2020 Date Transmitted: 7/9/2020 Notes: Also mailed hard copy Reviewer: Major Project Referral #: ZR20-142 J 0 0 J 0) 0 to N O N O N U) W N et O N N m E 0 Q Date Pr Packet Pg. 50 0.2.a' NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing Draft: 5-25-20 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 3 of the year 2020 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Outdoor Seating for Existing Food Service Establishments." 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.) Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea Packet Pg. 5 0.2.a' LOCAL LAW No. 3 OF THE YEAR 2020 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. 3 of 2020, for the purpose of amending Chapter 240, Zoning, of the Town Code with Respect to Outdoor Seating for Existing Food Service Establishments." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate, especially during the COVID-19 pandemic, to update and improve Chapter 240, Zoning, of the Town Code with respect to outdoor seating for existing food service establishments. 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: Amendments to Chapter 240, Zoning 1. Existing Section 240-36.2 of Chapter 240, Zoning, of the Town of Wappinger Code and shall be amended to read as follows: § Outdoor seating for existing food service establishments. A. Purpose. It is the purpose of this section to establish the circumstances and conditions pursuant to which existing restaurants or other food service establishments shall be authorized to provide outdoor tables and seating (hereinafter "outdoor seating") for patron use on the same parcel on which the establishment is located. Outdoor seating or "al fresco dining" has become very popular in this community, and indeed in this country. Consequently, in recent years, the Town's Zoning and Building Departments have received numerous requests from existing restaurants and other food service establishments to permit outdoor seating. In some instances, many of these establishments have simply placed tables and outdoor seating adjacent to their establishments without obtaining requisite zoning approvals as required by the Town Zoning Code. It is the intention of this section to specifically identify the criteria, standards and conditions pursuant to which an existing restaurant or other food service establishment may obtain permission for placement of outdoor tables and seating for patron use. Subject to the following provisions, authorization for outdoor seating for 16 or fewer patrons may be approved by the Zoning Administrator upon concurrence and review of the proposed seating by the Town's Fire Inspector or similar such official. Except as provided in this section, all other requests for outdoor seating shall require site development plan approval pursuant to Article IX of the Town's Zoning Code. Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea 2 Packet Pg. 52 0.2.a' B. Requirements. The Zoning Administrator, upon review and approval of the Town's Fire Inspector or similar such official, is hereby authorized to approve outdoor seating for 16 or fewer patrons on the same lot as the restaurant or other food service establishment on the following conditions: (1) The request for authorization for such outdoor seating shall be made in writing and signed by the owner of the restaurant or other food service establishment and shall contain a scaled drawing of the location and placement of the proposed outdoor seating, service area(s), pedestrian routing, outdoor lighting, ingress and egress, landscaping, barriers for protection as per subsection (11) below, and any weather protection such as a tent which may be proposed. (2) The proposed outdoor seating shall be for 16 or fewer patrons; [sip] (3) The outdoor seating shall be placed/located on the same lot as the restaurant or other food service establishment, and such outdoor seating shall be located adjacent to the restaurant or other food service establishment, but shall not be located within parking areas; [sip] (4) The scaled drawing shall be reviewed by the Town's Fire Inspector or similar such official for determination of compliance with the New York State Uniform Code or the New York State Fire Code for compliance with safety provisions; [sip] (5) The outdoor seating shall only be permitted on sidewalks, pavement, landscaped areas, or other areas consisting of natural materials providing a level, stable base for such outdoor seating; LSEPj (6) Such outdoor seating shall be prohibited on platforms; LSEPj (7) Such outdoor seating, and any related appurtenances such as tables, chairs, umbrellas, planters, dividers, and related outdoor ornaments, shall be placed and/or located so as to create at least three feet of unimpeded pedestrian sidewalk clearance, shall not be placed/located in parking areas and shall be placed/located so as not to obstruct doorways or means of ingress and egress or otherwise impede or obstruct designated fire lanes; [sip] (8) All food and beverages served by the restaurant or other food service establishments shall be sold and dispensed from the interior of the establishment and a certificate from the Dutchess County Department of Health which authorizes outdoor dining shall be submitted to the Town's Zoning Administrator prior to issuance of any certificate of occupancy or Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea 3 Packet Pg. 53 0.2.a' certificate of compliance as hereinafter provided. In the event the establishment is licensed to serve alcoholic beverages, the establishment shall be required to obtain all applicable approvals from the New York State Liquor Authority and/or the New York State Alcoholic Beverage Control Board (SLA and ABC), and proof of such approvals shall also be submitted to the Town's Zoning Administrator prior to issuance of any certificate of occupancy or certificate of compliance; [sip] (9) The Zoning Administrator is expressly prohibited from authorizing any outdoor music or sound amplification in connection with any approval for outdoor seating under this section; [sip] (10) Upon review and approval by the Zoning Administrator and the Town Fire Inspector as stated above, the Town's Code Enforcement Officials shall be then authorized to issue a building permit for such outdoor seating, and upon verification of construction compliance with the conditions of approval, a certificate of occupancy and/or certificate of compliance shall be issued to authorize such outdoor seating. [sip] (11) If such outdoor seating is proposed within 10 feet of any existing or proposed roadway, driveway or parking area, substantial concrete or equivalent safety barriers shall be provided between the vehicular element(s) and such outdoor seating. (12) The applicant shall provide evidence of insurance for the establishment which includes the outdoor dining. C. Violations. The failure to cure a violation of any permit condition or requirement of this section within 5 days of the issuance of a notice to cure shall subject the permittee to a fine of $300, provided however that if the violation is one which may imminently endanger the public health, safety or welfare, 5 days notice to cure shall not be required. D. Consultation. In determining the criteria and conditions required for the issuance of each permit the Zoning Administrator may consult with Town departments and staff, including but not limited to the Highway Department, Fire Inspector, Building Inspector, Town Engineer and Town Planner, as well as County, State and Federal agencies. E. Other requirements. The holders of permits for outside seating are subject to and responsible for compliance with all local, County, State and Federal codes, laws, rules, regulations, and Executive Orders and Guidance, including but not limited to those of the Governor, the New York State Liquor Authority, Dutchess County and the New York State Department of State. Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea 4 Packet Pg. 54 0.2.a' F Any proposed outdoor seating which does not comply with the requirements of this section shall be subject to the review and approval of the Planning Board, as applicable. 2. A new Section 240-36.5 shall be added to Chapter 240, Zoning, of the Town of Wappinger Code and shall read as follows: § 240-36.5 Temporary outdoor seating for existing food service establishments during the COVID-19 pandemic. A. Purpose. Section 240-36.2 of this chapter regulates outdoor seating for existing food service establishments. In response to the COVID-19 crisis, the following temporary regulations are adopted in an effort to reduce the health and economic impacts of the crisis on Town residents, visitors, food service employees and existing food service establishments by encouraging social distancing and the support of local businesses. The temporary outdoor dining areas, as permitted pursuant to these regulations, are intended to provide additional seating space for restaurants whose internal seating capacity has been eliminated or reduced by social distancing requirements associated with the COVID-19 pandemic. These regulations are a temporary expansion §240-36.2 during the COVID-19 pandemic. Temporary outdoor dining applications under these regulations are exempt from site development plan and special use permit approval as required elsewhere in this chapter. Instead, such permits shall be reviewed by the Town Zoning Administrator pursuant to the requirements below. B. Issuance of temporary permit and conditions. (1) Temporary use permits for outdoor seating for existing food service establishments may be issued hereunder by the Town Zoning Administrator upon concurrence with the Town Fire Inspector or such similar official, and temporary certificates of occupancy or compliance may be issued by the Building Department after an inspection of the facilities. (2) Said permits and certificates will be effective through October 30, 2020, or such other date as the Town Board may hereafter designate. Further, all seating so approved shall cease and desist upon said date, and the applicant shall have 30 days from said date to remove all evidence of the temporary outdoor seating area and restore said area to its prior condition. The applicant shall submit a performance guarantee in the amount of $5,000 to ensure such restoration. (3) Temporary outdoor seating for existing food service establishments during COVID-19 pandemic shall comply with and are subject to the provisions of §240-36.2 of this chapter. Notwithstanding the above, the Zoning Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea 5 Packet Pg. 55 0.2.a' Administrator may allow seating for up to patrons; further, under limited circumstances where the maintenance of public health, safety and welfare can be clearly demonstrated, the Zoning Administrator may allow seating and walkways to be within a parking area, subject to the protection of such by means of the appropriate placement of substantial concrete or equivalent safety barriers between such seating, walkways and vehicles. In addition, the Zoning Administrator may require compliance with such other criteria and conditions as said official determines to be reasonably necessary to further the stated goals of advancing public health, safety and welfare. (4) The permitted hours of operation of the outdoor dining facility shall be 7:00 a.m. to 11:00 p.m. provided, however, that the Zoning Administrator may require reduced hours of operation in order to avoid neighborhood disturbance. D. Submissions. The applicant shall submit: (1) The scaled drawing submitted by the applicant shall show compliance with all applicable COVID-19 requirements for social distancing and otherwise, for all interior and exterior seating areas in the restaurant and any bar area, including proposed pedestrian routing. (2) An application fee for temporary outdoor seating for an existing food service establishment during the COVID-19 pandemic shall be submitted in the same amount as the application fee for outdoor seating absent the pandemic. E. Any proposed outdoor seating for an existing food service establishment during the COVID-19 pandemic which does not comply with the requirements of this section shall be subject to the review and approval of the Planning Board, as applicable. Section 4: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: 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 Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea 6 Packet Pg. 56 0.2.a' 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 6: 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 7: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Macintosh HD:Users:davidstolman:Desktop:temp outdoor dining LL.dhs.docx Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea 7 Packet Pg. 57 0.2.b State Environmental Quality Review Act NEGATIVE DECLARATION Notice of Determination of Non -Significance Date: , 2020 Name of Action: The Adoption of a Local Law Amending Chapter 240, Zoning, of the Town Code with Respect to a Outdoor Seating. 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. SEQRA Status: Type I Action Conditioned Negative Declaration: No Description of Action: The Proposed Action is the adoption of a Local Law amending Chapter 240, Zoning, of the Town Code with respect to outdoor seating for existing food service establishments. Location: Town of Wappinger, Dutchess County Reasons Supporting This Determination: The subject zoning amendments are being proposed in response to the COVID-19 pandemic in an effort to ensure that the Town remains healthy and vital. The zoning amendments do not involve any direct physical changes to the environment. The proposed amendments will not result in any zoning being less environmentally restrictive than the current regulations. 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. Attachment: outdoor dining LL neg dec.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea Packet Pg. 58 0.2.b 3. 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 Critical Environmental Area (CEA). 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. 2 Attachment: outdoor dining LL neg dec.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea Packet Pg. �9i 0.2.b 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. 20. 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 adoption of the Local Law 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: Town of Wappinger Town Board Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 Contact Person: Dr. Richard L. Thurston, Town Supervisor Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 (845) 297-2744 Filing and Publication: This Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the Town of Wappinger Town Clerk. Further, this Negative Declaration shall be emailed to enb@a.dec.ny.gov for publication in the Environmental Notice Bulletin. j:\docs2\500\wappinger\code amendments 2020\outdoor dining LL neg dec.dhs.docx 3 Attachment: outdoor dining LL neg dec.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea Packet Pg. 60 MARCUS J. MOLINARO COUNTY EXECUTIVE COUNTY OF DUTCHESS DEPARTMENT OF PLANNING AND DEVELOPMENT July 9, 2020 To: Town Board, Town of Wappinger Re: ZR20-163, LL #3 of 2020, Outdoor Seating 0.2,c EOIN WRAFTER, AICP COMMISSIONER The Dutchess County Department of Planning and Development has reviewed the subject referral within the framework of General Municipal Law (Article 12B, Sections 239-I and 239-m). ACTION The Town is adjusting requirements for outdoor seating and adding a provision for temporary outdoor seating in response to COVID-19. COMMENT While we support the requirement of a scaled drawing, as opposed to a sketch plan, for permanent outdoor seating installations, we are concerned that it could be too heavy of a burden on businesses scrambling to adapt to COVID restrictions. We suggest that this requirement be waived in favor of a sketch plan for temporary seating. RECOMMENDATION The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments. Eoin Wrafter, AICP, Commissioner By DylarfTuttle Junior Planner Attachment: ZR20-163 (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Sea 85 Civic Center Plaza, Suite 107, Poughkeepsie, New York 12601 • (845) 486-3600 • Fax (845) 486-3610 www.dutchessny.gov Packet Pg. 6 Dutchess County Department of To Date#pgs 0.2,c Planning and Development I„J - From ,,Co./Dept. HiFax # Phone # 239 Planning/Zoning Referral - Exemption Communities Municipality: Town of Wappinger Referring Agency: Municipal Board Tax Parcel Numbers(s): Project Name: Local Law #3 of 2020 - Outdoor Seating Applicant: Town of Wappinger Address of Property: es rn Exempt Actions:* 239 Review is NOT Required Actions Requiring 239 Review Parcels within 500 feet of: o o Comprehensive/Master Plans State Road: ' • Administrative Amendments (fees, c 4% procedures, penalties, etc.) � Zoning Amendments (standards, uses, definitions, district 0 County Road: regulations, etc.) O d' • Special Permits for residential uses (accessory apts, home occupations, Rezonings involving all map changes State Property (with recreation area N building) Q n etc.) Site Plans (all) or public _ `� • Use Variances for residential uses County Property (with recreation U Special Permits for all non-residential uses area or public building) d • Area Variances for residential uses Municipal Boundary Renewals/Extension Site Plans Use Variances for 0) • of or all non-residential uses E Special Permits that have no changes from previous approvals Area Variances for all non-residential uses Farm operation in an Agricultural Q District N No Authority to review these Actions o • Subdivisions / Lot Line Adjustments Other Local Laws associated with zoning historic Z • Interpretations (wetlands, preservation, affordable housing, architectural review, etc.) its J Exempt Action submitted for informal Other (Describe): Ti r review 0 J Date Response Requested: 7/8/2020 = Entered By: Tuttle, Dylan oa0 *These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.* For County Office Use Only Response From Dutchess County Department of Planning and Development No Comments: Matter of Local Concern No Jurisdiction No Authority Withdrawn Incomplete - municipality must resubmit to County Exempt from 239 Review None Comments Attached: Local Concern with Comments Conditional Denial Incomplete with Comments- municipality must resubmit to County Informal Comments Only (Action Exempt from 239 Review) Date Submitted: 6/29/2020 Date Received: 6/29/2020 Date Requested: 7/8/2020 Date Required: 7/29/2020 .................................................................................................................................... Date Transmitted: 7/9/2020 Notes: Also mailed hard copy Reviewer: Major Project Referral #: ZR20-163 Date Pr Packet Pg. 62 0.3.a' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS x In the matter of the Application of STIPULATION OF EXECUTIVE SQUARE ASSOCIATES SETTLEMENT Petitioner, Index Nos.: 52121-2018 -against- 52612-2019 TOWN OF WAPPINGER, (Municipal Corporation), its ASSESSOR AND BOARD OF ASSESSMENT REVIEW, Respondents. For a Review under Article 7 of the Real Property Tax Law of the State of New York for the 2018 and 2019 Assessment Rolls. x IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that a proposed Order and Judgment, a copy of which is annexed hereto, shall be made and entered settling certain proceedings brought by the Petitioner to review the tax assessments fixed and imposed by the Town of Wappinger for the assessment rolls 2018 and 2019 for purposes of taxation upon certain real property located at 66 Middlebush Road, in the Town of Wappinger, and known as S/B/L: 6157-02-608885-0000, on the official assessment map of said municipality, and providing that the assessed valuations of petitioner's property upon the assessment rolls of the Town of Wappinger are settled as follows: STIPULATED AND AGREED, that the 2018 and 2019 assessed valuations of Petitioner's property upon the assessment rolls of the Town of Wappinger be reduced, corrected and fixed as follows: ing The Settlement Of Tax Certiorari Proceedings Executive Square Attachment: Stipulation & Order - Churgin (RES-2020-128 : Autho Packet Pg. 63 Q.3.a' TAX LOT YEAR ORIGINAL ASSESSMENT CORRECTED ASSESSMENT ASSESSMENT REDUCTION 6157-02- 608885-0000 2018 $ 2,288,000 2,288,000 $ 0 6157-02- 608885-0000 2019 $ 3,000,000 $ 2,600,000 $ 400,000 and it is further STIPULATED AND AGREED that the allocations between land and improvements, as reduced, shall be left to the sole discretion of the Assessor of the said municipality; and it is further STIPULATED AND AGREED that the Order and Judgment provide, pursuant to the Real Property Law of the State of New York, that the officer or officers having custody of the assessment rolls upon which the above mentioned assessments and any taxes levied thereon are entered shall correct said entries in conformity with this Order and Judgment and shall note upon the margin of said entered roll, opposite said entries, that the same have been corrected by the authorization of the Order and Judgment; and it is further STIPULATED AND AGREED that the Order and Judgment further provide that the County of Dutchess, and/or the Town of Wappinger, and/or Wappingers Central School District, as appropriate, shall audit and allow the claim of petitioner for the overpayment of State, County, Town, and School (including Library) taxes, and taxes relating to any special taxing district for which the Town, and/or County, and/or Wappingers Central School District, collects such taxes, as appropriate, against the original assessments in excess of what the taxes would have been if said assessments made in the aforesaid years had been made upon the reduced valuations, together with ing The Settlement Of Tax Certiorari Proceedings Executive Square Attachment: Stipulation & Order - Churgin (RES-2020-128 : Autho 2 Packet Pg. 64 0.3.a the proportionate share of any interest or penalty paid by reason of delinquent payment of said excess taxes; and it is further STIPULATED AND AGREED that the Order and Judgment provide that all said refunds to be made by respondent Town of Wappinger, and/or Wappingers Central School District, and/or County of Dutchess, or any of the various tax authorities, be made by check or draft, payable to the order of "Savad Churgin", as attorneys for the petitioner; and it is further STIPULATED AND AGREED that the Order and Judgment further provide that the refunds shall include interest thereon at the statutory rate in accordance with Real Property Tax Law, Section 726(2), however, interest is waived if refunds are paid within sixty (60) days after a copy of the Order with Notice of Entry is served, and it is further STIPULATED that an Order shall be submitted to the Court in the form annexed. Date: Joseph A. Churgin, Esq. Savad Churgin LLP Attorneys for Petitioner 55 Old Turnpike Rd. #209 Nanuet, NY 10954 Date: Craig M. Wallace, Esq. Wallace & Wallace LLP Attorneys for Respondents 85 Civic Center Plaza, Suite LL3 Poughkeepsie, NY 12601 3 Attachment: Stipulation & Order 'Chumgin (FlES'2020428: Authorizing The Settlement OfTax Certiorari Proceedings Executive Square Packet Pg. 65 Q.3.a' SUPREME COURT OF THE STATE OF NEW YORK Assigned to COUNTY OF DUTCHESS Hon. James V. Brands x In the matter of the Application of ORDER & JUDGMENT EXECUTIVE SQUARE ASSOCIATES REDUCING ASSESSMENTS Petitioner, -against- Index Nos.: 52121-2018 52612-2019 TOWN OF WAPPINGER, (Municipal Corporation), its ASSESSOR AND BOARD OF ASSESSMENT REVIEW, Respondents. For a Review under Article 7 of the Real Property Tax Law of the State of New York for the 2018 and 2019 Assessment Rolls. X Upon the Stipulation by the attorneys for the respective parties hereto, which provides for the settlement of certain proceedings brought by the petitioner to review the tax assessments fixed and imposed by the Town of Wappinger for the assessment rolls 2018 and 2019 for purposes of taxation upon certain real property located at 66 Middlebush Road, in the Town of Wappinger, and known as S/B/L: 6157-02-608885- 0000,on the Official Assessment Map of the said Town and due deliberation having been had thereon, NOW, on motion of SAVAD CHURGIN, attorneys for the petitioner, it is ORDERED, ADJUDGED AND DECREED that the assessment of the petitioner's property upon the Assessment Roll of the Town of Wappinger, be and hereby is reduced, corrected and fixed as follows: ing The Settlement Of Tax Certiorari Proceedings Executive Square Attachment: Stipulation & Order - Churgin (RES-2020-128 : Autho Packet Pg. 66 Q.3.a' TAX LOT YEAR ORIGINAL ASSESSMENT CORRECTED ASSESSMENT ASSESSMENT REDUCTION 6157-02- 608885-0000 2018 $ 2,288,000 2,288,000 $ 0 6157-02- 608885-0000 2019 $ 3,000,000 $ 2,600,000 $ 400,000 and it is further ORDERED, ADJUDGED AND DECREED that the allocations between land and improvements of said assessment, as reduced, shall be left to the sole discretion of the Assessor of the said municipality, and it is further ORDERED, ADJUDGED and DECREED that the officer or officers having custody of the Assessment Rolls upon which the above mentioned assessments and any taxes levied thereon are entered shall correct said entries in conformity with this Order and Judgment and shall note upon the margin of said rolls, opposite said entries, that the same have been corrected by the authorization of this Order and Judgment, and it is further ORDERED, ADJUDGED and DECREED that the County of Dutchess and/or the Town of Wappinger, and/or Wappingers Central School District, as appropriate, shall audit and allow the claim of petitioner for the overpayment of State, County, Town, School (including Library), and taxes relating to any special taxing district for which the Town, and/or County, and/or Wappingers Central School District collects such taxes, as appropriate, against the original assessments in excess of what the taxes would have been if said assessments made in the aforesaid years had been made upon the reduced valuations, together with the proportionate share of any interest or penalty paid by reason of delinquent payment of said excess taxes, and it is further 2 ing The Settlement Of Tax Certiorari Proceedings Executive Square Attachment: Stipulation & Order - Churgin (RES-2020-128 : Autho Packet Pg. 67 0.3.a ORDERED, ADJUDGED and DECREED that all tax refunds to be made by respondents Town of Wappinger, and/or Wappingers Central School District, and/or County of Dutchess, or any of the various taxing authorities, be made by check or draft, payable to the order of "Savad Churgin", as attorneys for the petitioner, and it is further ORDERED, ADJUDGED and DECREED that the refunds shall include interest thereon at the statutory rate in accordance with Real Property Tax Law, Section 726(2); however interest is waived if refunds are paid within sixty (60) days, after a copy of the Order with Notice of Entry is served; and it is further ORDERED, ADJUDGED and DECREED that the said tax review proceedings shall be settled without the allowance or payment of costs and disbursements to, by or against any party. Poughkeepsie, New York Date: , 2020 HON. JAMES V. BRANDS 3 Attachment: Stipulation & Order 'Chumgin (FlES'2020428: Authorizing The Settlement OfTax Certiorari Proceedings Executive Square Packet Pg. 68 0.5,a SEQR NARRATIVE - 2020 UPDATE VILLAGE OF WAPPINGERS FALLS CWSRF AND DWSRF CWSRF No. C3-5325-01-00 DWSRF No. 17419 UTILITY REPLACEMENTS PROJECT - 2020 UPDATE WATER CONNECTION FROM VILLAGE OF WAPPINGERS FALLS TO TOWN OF WAPPINGER IN PREPARATION FOR VILLAGE CONTRACT 5 (2021 CONSTRUCTION) PREPARED FOR VILLAGE OF WAPPINGERS FALLS BOARD 2582 SOUTH AVENUE WAPPINGERS FALLS, NY 12590 DUTCHESS COUNTY, NY JULY 8, 2020 Engineering and Land Surveying, P.C. 2142 Route 302 Circleville, NY 10919-3239 (845) 361-4541 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Engineering Land Surveyi Packet Pg. 69 0.5,a OVERVIEW SUMMARY The Village is nearing the end of a large Capital Improvements Project funded through CWSRF C3-5325-01-00 and DWSRF 17419, which the Village has pursued together within a multi -year phased Project. The multi -year project was separated into annual construction contracts sized for local contractor bond capacity, and to minimize inconvenience to residents in the small Village. Progress and plan forward have been regularly reviewed throughout the Project. Village Contract 4 construction was completed in 2019, and it was the end for CWSRF C3-5325-01-00. The CW work totaled approximately $19.1MIL. Village Contract 5 will be built in 2021, and it will be the end of DWSRF 17419. The DW work totals approximately $7.3MIL of which the total cost for Contract 5 is approximately $1.1 MIL. In 2016, the Village received notice of $5Mi1 grant award for CW and $3Mi1 grant award for DW. At that time, the Village completed a new SEQR for the expanded project evaluating the scope that had not yet been constructed. The 2016 SEQR evaluated Village replacement of existing sanitary sewer collection system along with associated manholes and sewer laterals, replacement of existing water distribution system along with associated hydrants, valves and water service connections, along with roadway, sidewalk and curbing repair and replacement in the existing streets in the Village where sewer main and water main work, plus where viable and needed, the project included storm sewer improvements in the existing Village streets to provide suitable locations for roof leader and sump pump disconnections from the sanitary sewer system and residual to the other improvements. Later in 2016, an amended SEQR was completed to address a water storage tank that was proposed to be constructed in Contract 5 on Marshall Road. The tank had been proposed to augment storage already provided within the Village Water System and provide improved operation flexibility for the Village Water System. A water storage tank is no longer proposed. The Village of Wappingers Falls achieved Intermunicipal Agreement with the Town of Wappinger for water connection to the Town. That means that Contract 5 will now feature water storage improvements by way of water system connection to the Town of Wappinger. The water connection will augment storage already provided within the Village Water System and provide improved operation flexibility for the Village Water System. The water connection will also provide greater hydraulic advantage than the previously proposed tank. Unlike the prior contracts, Contract 5 will not include any CW sewer work. Design for Contract 5 is nearly complete. Regulatory approvals will be pursued this summer. Bidding will follow in late 2020 and into early 2021. Construction will be in 2021. At this time, an amended SEQR review is being pursued for construction of the proposed Contract 5 water connection. Engineering and 1 of 4 Land Surveying, P.C. Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 70 0.5,a PROJECT DESCRIPTION The overall project scope for the multi -year phased Project included the Village of Wappingers Falls' portion of the Tri-Municipal Sewer Corporation replacement of existing treatment plant facilities, Village replacement of existing sanitary sewer collection system along with associated manholes and sewer laterals, replacement of existing water distribution system along with associated hydrants, valves and water service connections, along with roadway, sidewalk and curbing repair and replacement in the existing streets in the Village where sewer main and water main work were proposed, plus where viable and needed, the project included storm sewer improvements in the existing Village streets to provide suitable locations for roof leader and sump pump disconnections from the sanitary sewer system and residual to the other improvements. In 2016, the Village of Wappingers Falls applied for NYS Water Infrastructure Grants for CW and DW Improvements. The Village received notice of $5Mi1 grant award for CW and $3Mi1 grant award for DW. With the awarded Water Grants, the Village expanded the scope of the CW and DW Project to include additional sewer collection system replacement, water distribution system replacement, roadway, sidewalk and curbing repair and replacement in the Village where sewer main and water main work were proposed, plus where viable and needed, storm sewer improvements in the existing Village streets to provide suitable locations for roof leader and sump pump disconnections from the sanitary sewer system and residual to the other improvements. Since 2016, construction of Village Contract 3 and of Village Contract 4 were completed. Construction for Contract 4 was completed in 2019 and it was the end for CWSRF C3- 5325-01-00. The CW work totaled approximately $19.1 MIL. Through Village Contract 4, the work completed was as described above. Village Contract 5 will be built in 2021, and it will be the end of DWSRF 17419. The DW work totals approximately $7.3MIL of which the total cost for Contract 5 is approximately $1.1 MIL. The scope for Contract 5 includes the following. • The water connection includes the installation of approximately 750 LF of new 12- inch water main, a PRV (pressure relief valve) Vault, Meter Vault, and small Chlorine Boost Shed. • The water connection improvements are proposed to be installed within the existing right-of-way and developed roadway on Myers Corners Road (Dutchess County Route 53) and Losee Road (Town of Wappinger Road). Engineering and 2 of 4 Land Surveying, P.C. Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 71 0.5,a SEQR SUMMARY An amended SEQR review is now being pursued for the proposed Contract 5 water connection installation. This SEQR amendment provides update to prior SEQR determinations, which were completed for the overall CW DW Project back when the scope was expanded in 2016. A summary of the prior competed SEQR reviews follows. On March 9, 2016 as part of Village efforts preparing Round 2 Water Grant Application materials, the Village of Wappingers Falls Village Board resolved to reaffirm the Village Board Jan 29, 2014 decision to classify the current scope as SEQR Type II action and affirm the possible added scope as also SEQR Type II action, not including a new water tank. The work was classified as Type II in conjunction with 6 NYCRR Section 617.5(c)(2) "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site... unless such action meets or exceeds any of the thresholds in section 617.4 of this Part" and 6 NYCRR Section 617.5(c)(4) "repaving of existing highways not involving the addition of new travel lanes". In 2016 with concern to avoid SEQR segmentation, NYSEFC requested that a new SEQR be prepared for the overall project which included expanded scope made possible by the newly awarded Water Grants. The proposed work included more of the sewer and water replacements and construction of a proposed water tank. On June 17, 2016 as part of Village efforts preparing updated Round 2 Water Grant Application materials, following preparation of Long Form EAF and SEQR lead agency circulation for the proposed new water tank, the Village of Wappingers Falls Village Board concluded that the environmental effects of the construction of the proposed water tank would not exceed any of the Criteria for Determining Significance found in 6 NYCRR 617.7(c). In preparation for Contract 5, there are no additional sewer and water replacements proposed. The remaining work is installation of the proposed water connection from Village of Wappingers Falls to Town of Wappinger. The proposed water connection to the Town will augment storage already provided within the Village Water System and provide improved operation flexibility for the Village Water System. A Long Form EAF Part 1 has been prepared for the current amended SEQR review and is provided under separate cover. Engineering and 3 of 4 Land Surveying, P.C. Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 72 0.5,a Attachments for this SEQR Narrative include the following. A. Project Location Map, Village of Wappingers Falls Contract 5. B. Target Schedule for Completion in Preparation for Contract 5. C. Village Clerk Certified copy of the prior SEQR resolutions noted above. D. Inter -Municipal Agreement for Water Connection. This concludes the SEQR Narrative provided in support of the amended SEQR review. Engineering and 4 of 4 Land Surveying, P.C. Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 73 0.5.a U Z m 0 W e\i L O LPL W N > W CC 0 W CO o Y W 2 co O w L() 0 4 O 0 W J LL 0 0 z W W z z W N O Co Q U 0 N Q Z O U Li) O V O 0 v REVIEWED BY: PREPARED BY: owo APPROXIMATE LOCATION OF PROPOSED PRV VAULT, METER VAULT, AND CHLORINE BOOST SHED PROJECT LOCATION MAP Th UAL/TY /MPROVEMENTS CONTRACT 5 V/LLAGE OF WAPP/LAGERS FALLS sr4LE 1 me : Tao F7. • PROPOSED PROJECT AREA • PROPOSED 12-INCH DI WATER MAIN • k SHEET NO. 1 OF SCALE: 1 IN. = 100 FT. PROJECT LOCATION MAP FOR CONTRACT 5 DWSRF DATE: 07/08/20 DRAWING NAME: 4604-015_SEQR_o VILLAGE OF WAPPINGERS FALLS JOB NO.: 4604-015 DRAWN BY: RSS DUTCHESS COUNTY, NEWYORK 11 Engineering and Land Surveying, P.0 56 Main Street Poughkeepsie, NY 12601 Phone: (845) 471-7898 Fax: (845) 471-0905 E-mail: info@kcepc.coom Web: www.kcepc.com Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 74 iediopanwlewi io VWF CWSRF and DWSRF Round 2 Grant AWARDED August 2016 - Preparation for Contract 5 4607-000 (CW) and 4608-000 (DW) eouddv bugpo Inv : OEVOZOZ-S3 ) oe e M MCI MO AMA 80-LO-OZOZ eAnelleN t)3S ,- 2 0 ,t VI- VI- VI- VI- $ 4,203,788 tr, t r , tr, tr, $ 6,237,185 I VI- 4/1• tr, $ 1,130,000 $ 9,416,802 V. I Ali cc v)':' o c F2 a cr . DO CO 5 r9 4 iii L L " ^ gl ' • 7 ? ' `i 'Li r:'," z 0 uoj £ pc luoj pCJIUOD eliV Excellence E 0 0. 0 0. 0.6,a Wee of the Clerk VILLAGE OF APP1NGERS FALLS 2582 South Me. Wappingers Falls, N 12590 (845)-297-8773 Fa\ (845).298-2645 STATE OF NEW YO K couNn OF DUTC tESS 1, the undersigned Clerk of the Village of Wappingers Falls, Dutchess County, New York, DO HEREBY CERTIFY: That 1 have compared the aft going copy of the minutes of the meeting of the Mayor and Board of Trustees of said Village, including the Motion Resolution contained therein held on the 3-9-16. With the original on file in my office, and that the same is a true and correct copy of. said original so far as the same relates to the subject matter therein refer John 4Y arge Seal Village Clerk inutes following the 03/09/2016 Village Board eeting Motion to approve SEQR Type II action CWSRF. Mayor Alexander read the resolution to approve SEQI1 Ty pe II action CWS F. Motion by Trustee Komornik to approve the SEQ1 action. Secones by Trustee I luber. ROLL, CALL VOIL: Trustee Chase, Aye. Trustee Niznik, Aye. Trustee m avis, Aye. Trustee Komornik, Ay e. Trustee Calabrese, Aye. Trustee uber, Aye. Vijja'ej.fingers Falls, NYS Water Grant Application Sewer Main Replacement Project, CWSRF # C5-5325-00 The CWSRF Grant Application describes the Village of Wappingers Falls portion of Tri- Municipal Sewer Corporation (TMSC) Gravity Belt Thickener and Aeration improvements at the existing treatment plant facility, and Village of Wappingers Falls sanitary sewer main replacement on North Mesier Avenue, Market Street, Dutchess Avenue, School Street, Fulton Street, Spring Street, North Remsen Avenue, South Remsen Avenue, and Route 9, plus replacement of Liss Road Pump Station and installation of School Street Pump Station to place an aged inverted siphon beneath Wappinger Lake, and also sanitary sewer main replacement for North Mesier Trunk Line, East Main Street, and Brookside Drive Trunk Line, Work includes TMSC replacement of existing treatment plant facilities, and Village of Wappingers Falls replacement of existing sanitary sewer collection system along with associated manholes and sewer laterals, along with necessary roadway, sidewalk and curbing repair and replacement Attachment: SEQFlNarrative 2D2D'D7'D8VVVFCVVOVVvvattach (FlES'2020430: Authorizing Application For Grants For |n0unnunicip Packet Pg. 76 0.6,a Office o/ the Clerk VIE, AGE OF WAPPINGF PS FAI LS 2582 South Ave. Wappingers FaHs, N.Y. 12590 (845)-297-877.3 Fa N (845)-298-2645 within the streets in the •Villa2e where sewer main work is proposed. Also, where viable and needed, the projects include storm sewer improvements in the existing Village streets to provide suitable locations for roof leader and sump pump disconnections from the sanitary sewer system. Much of the scope within the CWSRF Grant Application is for work included within the current m Iti-year phased CWSRF Program which is partially complete and still underway. The current CWSRF Program includes work proposed through Phase 3 (2017 construction season) of the CWSRF Program. This current work will proceed regardless of whether the W ter Grant is awarded or not, and SEQR resolution was previously issued for it. If the CWSRF Grant is awarded, the current work will be part of the Village match for the Grant, and the scope of the CWSRF Program will be increased to include additional existing streets in the Village, North Mesier AVenue Trunk Line, East Main Street, and Brookside Drive Trunk Line for Phase 4 (2018 construction season). The current and expanded scope area is described above. The Village lourd resolves to reaffirm the Village Board Jan 29, 2014 decision to classify the current scope as a SEQR Type 11 action and affirm the possible added scope as a SEQR Type 111 action. The work is classified Type II in conformance with 6 NYCRR Section 617.5(0(2) "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site... unless such action meets or exceeds any of the thresholds in section 617.4 of this Part"' and 6 NYCRR Section 617.5(c)(4) "repaving of existing highways not involving the addition of new travel lanes. Dated: 3-10-16 Attachment: SEQFlNarrative 2D2D'D7'D8VVVFCVVOVVvvattach (FlES'2020430: Authorizing Application For Grants For |n0unnunicip Packet Pg. 77 0.6,a Office of the Clerk VILLAGE OF APPINGERS FA 2582 South Ave. Wappingers Fal1s, N.Y. 12590 (845)-297-8773 Fax (845)-298-2645 STATE OF NEW YORK COUNTY OF UTCHESS 1, the undersigned Clerk of the Village of Wappingers Falls, Dutchess County, New York, DO H RE Y CERT ,v: That I have compared the aft going copy of the minutes of the meeting of the Mayor and Board of Trustees of said Village, including the Motion / Resolution contained therein held on the 3-9- 6. With the original on tile in my office, and that the same is a true and correct copy of said original so far as the same relates to the subject matter therein M. Kai-gt( Seal Village Clerk inutes following the 03/09/2016 Village Motion to approve SES R Type II action DWS F. oar leeting Mayor Alexander read the resolution to approve SE R Type 11 action DWS F. Motion In Trustee uber to approve the SEQ action. Seconded b) Trustee Neinik. OLL CALL VOTE: Trustee Chase, 4A)e. Trustee Niznik, A) e. Trustee tais, Ae. Trustee Komornik, Aye. Trustee Calabrese, Aye. Trustee uber, A:se. Village of Wa 3.ingers Falls,NYS Water Grant Application Water Main Replacement Project, DWSRF 17419 The DWSRF Grant Application describes Village of Wappingers Falls drinking water utility replacement on North Mesier Avenue, Market Street, Dutchess Avenue, School Street, Fulton Street, Spring Street, North Remsen Avenue, South Remsen Avenue, Route 9 and East Main Street. Work includes replacement of existing \vater distribution system along with associated hydrants. valves and water service connections, along with roadway, sidewalk and curbing repair and replacement within the existing streets in the Village where water main work is proposed. Much of the scope within the DWSRF Grant Application is for work included within the current multi -year phased DWSRF Program which is partially complete and still Attachment: SEQFlNarrative 2D2D'D7'D8VVVFCVVOVVvvattach (FlES'2020430: Authorizing Application For Grants For |n0unnunicip Packet Pg. 78 0.6,a (Vice ofthe Cierk VILLAGE OF WAPPINC RS F4J IS 2582 South Ave. Wappingers Faits N.Y. 2590 (815)-297-8773 Fax (845)-298-2645 underway'. he current DWSRF Program includes work proposed through Phase 3 (2017 construction season) of the DWSRF Program. 'Fins current work vfl proceed regardless of whether the Water Grant is awarded or not, and SEQR resolution was previously issued for it, if the DWSRF Grant is awarded, the c n-ent Work wiil be part of the Village match for the Grant, and the scope of the DWSRF Program will be increased to include an additional existing street in the Viliage., East Main Street for Phase 4 (2018 construction season). The current and expanded scope area is described above. The 'Village Board resolves to reaffirm the Village Board Jan 29, 20i 4 decision to classify the current scope as a SEQR Type 11 action and aftinn the possible added scope as a SEQR Type 11 action. The Work is classified Type 11 in conformance with 6 NYCRR Section 617.5(c)(2) "replacement. rehabilitation or reconstruction of a structure or facility, in kind. on the same site... unless such action meets or exceeds any of the thresholds in section 617.4 of this Parr and 6 NYCRR Section 617.5(0(4) -repaving of existing highways not involving the addition of new travel lanes-. Dated. 3-10-16 Attachment: SEQFlNarrative 2D2D'D7'D8VVVFCVVOVVvvattach (FlES'2020430: Authorizing Application For Grants For |n0unnunicip Packet Pg. 79 0.6,a ofice of ilu viaclerk VILLAGE OF 'WAPPINGERS FA1A,S 2582 Souah Avenue 'Wappingers Fans„ NY 12590 June 17, 2016 RESOLUTION ,2016015 Regarding STATE ENVIRONMENT L QUALITY REVIEW ACT For NSTRUCTION OF NEW ATER TANK VITEREAS, the Village of VVappingers Falls proposes construction of a new water storage tank to augment storage already provided within the Village Water System, and improve water service in the Route 9 corridor of the existing Village Water Syste i„ The new tank will i..-iprove pressures and storage volume, and also provide improved operation flexibility for the 11/Vater System, AND VVIIEREAS, the proposed action involves construction of the new Water Tank, A:ND 'WHEREAS, the Village prepared a 1..„ong Form EAF for the proposed action dated May 11, 2016 and declared their intent to be Lead Agent, AND WHEREAS, responses from involved agencies granted consent to the Village Board of rustees to serve as Lcad Agency for the .proposed new Water Tank, AND 1FREAS, after reviewing the Long EA!' for the proposed ac on dated I\ lay 711, 2016, the Village Board of 'Trustees has concluded that environmental effects of the proposed action will not exceed any of the Criteria for Determining Significance found in 6 NYCRR 617..7 (c), THEREFORE BE Fr RESOLVED, the BOARD OF 'TRUSTEES of the VILI....,AGE OF kiVAPPING.ERS FALLS has concluded that there are no significant adverse environmental impacts associated with the proposed actionr AUTHORIZING s1(:;Nvr Rt:. John LJ<arge ViflageCkirk Village of 'Wappingers Falls Attachment: SEQFlNarrative 2D2D'D7'D8VVVFCVVOVVvvattach (FlES'2020430: Authorizing Application For Grants For |n0unnunicip Packet Pg. 80 0.5,a INTERMUNICIPAL WATER SUPPLY AND TRANSMISSION AGREEMENT BETWEEN THE THE VILLAGE OF WAPPINGERS FALLS AND THE UNITED WAPPINGER WATER DISTRICT by the TOWN BOARD of the TOWN of WAPPINGER Pursuant to Article 5-0 of the General Municipal Law i �zh THIS AGREEMENT is dated the clay of ' N , 2019, by and between the VILLAGE OF WAPPINGERS FALLS, a municipal corporation of the State of New York, with offices at 2582 South Avenue, Wappingers Falls, New York 12590, and the UNITED WAPPINGER WATER DISTRICT by the TOWN BOARD of the TOWN of WAPPINGER, a municipal corporation of the State of New York, with offices at 20 Middlebush Road, Wappingers Falls. New York 12590. WITNESSETH: WHEREAS, the Village of Wappingers Falls (hereinafter referred to as the "Village") is located partially within the Town of Wappinger (hereinafter referred to as the "Town") and partially within the Town of Poughkeepsie; and WHEREAS, the United Wappinger Water District (hereinafter referred to as the "UWWD") is a Special Improvement District of the Town of Wappinger created pursuant to WHEREAS, the Village and the United Wappinger Water District each operate and maintain a water distribution system for the purpose of supplying potable water from underground aquifers to their residents, businesses, and property owners; and 1 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 8 0.5,a WHEREAS, the elected officials of the Village and the Town believe that it is in the best interests of its residents to construct, operate and maintain a water system interconnection for use in emergency situations and as otherwise set forth herein (the "Interconnection") to better protect the public health, safety, and welfare of both municipalities; and WHEREAS, this Agreement is intended to establish the mechanism and procedure by which Village will be able to obtain water from the UWWD for certain enumerated purposes, including specifically to enable the Village to better respond in case of a fire or other emergency, to perform maintenance on its existing water tanks, and to transmit water to Woodhill Green Condominiums and other properties located in the Town outside the Village in the future; and WHEREAS, the Town will benefit from the interconnection, including the provision of water to certain properties within its borders and for emergency use; and WHEREAS, the UWWD water system functions at a higher operating pressure than the Village water system, such that the provision of water by the UWWD to the Village must be accomplished through a pressure reduction system, and the provision of water by the Village to the UWWD must be accomplished through an increased pressure system; and WHEREAS, all water for Village properties is presently supplied by the Village of Wappingers Falls Water Treatment Facility; and WHEREAS, the water is sourced from three (3) active wells located at the 8-acre Village wellfield and the wells are fed, in whole or in part, with water from the Wappinger Creek watershed; and WHEREAS, the Village has concerns that its water supply in certain areas may be insufficient to handle an emergency and is interested in connecting to the Town's water supply 2 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 82 0.6,a system so that it may draw upon the Town's water supply in case of a fire emergency or for hazard mitigation, under the terms and conditions set forth herein; and WHEREAS, the Village also desires to be able to utilize the Town's water supply when the Village needs to shut down all or part of its water distribution system to perfonn maintenance; and WHEREAS, the Woodhill Green Condominiums is a condominium complex consisting of approximately 144 units located at 1668 Route 9 in the Town ("Woodhill," and at the parcel level, the "Woodhill Parcels"); and WHEREAS, the water supply for Woodhill is presently private and the quality thereof is deteriorating; and WHEREAS, the Village and Town are interested in assisting Woodhill in obtaining safe drinking water from the Village, provided and on the condition that Woodhill decommission its existing private sewer treatment system (which is believed to be negatively impacting the quality of water in Wappinger Creek, which in turn has a negative influence on the Village's water supply) and connect to the Village sewer collection system; and WHEREAS, the Village is willing to undertake the construction of the connection between the Village and the UWWD water systems, including the pressure change components, to allow water to flow between the UWWD water system to the Village water system; and WHEREAS, the funding for the interconnection initially will come from the Village, but it is understood between the parties as set forth herein that the cost of such interconnection will be apportioned equally, and the UWWD will reimburse the Village for its fifty percent of the cost of the interconnection; and 3 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 83 0.5.a WHEREAS, Woodhill is not presently ready to accept water from Village and sufficient water may not be available until the interconnection contemplated by this Agreement is completed, so further amendment of this agreement will be required to deterrnine the procedure by which Woodhill and other properties in the Town outside of the Village can be connected to the municipal water system; and NOW, THEREFORE, in consideration of the mutual covenants and conditions herein set forth and other good and valuable consideration, the Town of Wappinger on behalf of the UWWD and the Village of Wappingers Falls hereby agree as follows: 1. Representations. The UWWD and the Village each represent that their respective water supply and transmission facilities have been designed, constructed and operated to supply potable water according to plans and specifications that comply with all applicable Federal, State, County, Town and Village laws, rules and regulations and that all necessary permits and regulatory approvals from agencies having jurisdiction over the facilities have been obtained and are in full force and effect. 2. Cost of Constructing Interconnection. a. Equal_costs Divided The parties agree that the cost of constructing the Interconnection will be divided equally between them. The estimated cost of the Interconnection is set forth in Schedule A attached hereto and made a part hereof. As the Village has a pressing need for the Interconnection, the Village shall pay the all invoices for construction of the Interconnection, but the UWWD agrees to reimburse the Village for its pro-rata share of the costs. b. Grant Funding. Each municipality represents. that it will use its best efforts to obtain grants or other funding to offset such costs and such grants will be 4 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 84 0.5,a deducted from the total cost of construction prior to any division of costs between the parties. In the event that a grant or other funding mechanism prohibits the other municipality from receiving the benefit of the grant, the grant may be used as a credit for the costs due from the municipality receiving the grant. For example, if the Village receives a grant that may only be used by a Village and such a grant would not be available unless the grant is solely used for the benefit of the Village, 3. Replacement and Capital Repairs_ The parties agree they will equally share the cost of capital repairs and replacement of the Interconnection as they become necessary. 4. Water Meters. a. Meter Capabilities., Each party shall have the right to install a water meter and other necessary devices to measure the flow of water being transmitted to the other municipality. Prior to installation, the parties shall jointly agree to the meters that are to be installed. The meters shall be capable of being remotely read and have a telemetry feature to broadcast its reading in real time to the parties, via radio, cellular phone, telephone land line or other method. Each municipality shall own its meter and shall be responsible for its maintenance, repair, replacement and calibration. b. Meter Readings. The meters shall be read and recorded remotely daily. On site readings of the meters shall take place at least quarterly, or at more frequent intervals if warranted. c. ,Meter Calibration. At least annually, the calibration of each meter shall be tested by the owner and the other party shall be given notice of the test. The 5 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 85 0.5,a cost of regular annual testing shall be the responsibility of the meter owner. If a party believes that a meter is not operating properly it may, at its own cost, test the calibration of the suspect meter upon notice to the meter owner. If after testing, the meter is found to be reading outside of a 2% tolerance band, the parties shall determine the difference in volume due to the deviation in the meter and adjust the volume of water that has been sold. The adjustment for the volume of water sold shall be for the period from when the notice of meter defect is made to the time of correction and a credit or additional charge shall be made as the circumstances warrant. 5. Rates. The UWWD and the Village each agree that they will charge the other the marginal cost of providing the water consumed by the other municipality. The initial estimate of the marginal cost per gallon for each municipality, including the components included therein, are set forth in the attached Schedules BI (for the Village) and B2 (for the UWWD). Rates shall be reviewed semi-annually, on April 15 and October 15, 6. BudgetAdoption. The UWWD and the Village shall each prepare their respective budgets every fiscal year as required by Town or Village Law and they agree to include the costs of maintaining the Interconnection each municipality's budget. 7. Time of Parent. The charges and fees by the Village to the UWWD, or by the UWWD to the Village, shall be assessed quarterly and payment shall be due within sixty (60) days of the assessment therefor. 8. Temporary Discontinuance of Water Service. Either the UWWD or the Village may, upon reasonable notice, except in the case of an emergency, suspend, curtail or discontinue 6 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 86 0.5,a its water service to the other municipality, or to parcels within that municipality covered by this agreement, for any of the following reasons: a. for the purpose of making permanent or temporary repairs, changes, or improvements to the water treatment facilities or appurtenances; b. for good faith compliance with any governmental order or directive, notwithstanding that such order or directive may subsequently be held to be invalid; c. upon evidence of disconnecting or tampering with any of the water meters or interfering with any of the water meters or remote meter reading service devices, or tampering with any other facility of the Town or Village without permission so as to impair the ability of the Town and/or the Village to accurately determine use charges; d. refusal to allow reasonable access to any parcels for necessary purposes in connection with rendering of service, including making emergency repairs. As used in this paragraph, "reasonable notice" shall take into consideration the ability of the other municipality to service its water needs during the period of curtailment, suspension or discontinuance. 9. Muncital Responsibilit for Paen,t. Each party hereto understands and agrees that it is ultimately responsible to pay the other for all water which flows across municipal boundaries, regardless of whether an individual property owner has paid for the water. Each municipality agrees to take all reasonable lawful actions to collect payments owed to the other party hereunder, 7 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 87 0.5,a 10. Default. This Agreement may be terminated by either the UWWD or the Village upon the occurrence of any of the following events: a. The failure of any party or owner of a benefitted parcel to cure a failure of payment within forty-five (45) days after receipt (actual or constructive) of written notice of a default in remitting payment; b. The failure of any party to cure any default of any other material obligation under this Agreement within twenty (20) days after written notice of the manner of cure of the default. In the event the default cannot be cured within twenty (20) days, the defaulting party shall be entitled to a reasonable time to cure such default; or c. upon the mutual agreement of the Village and the UWWD, in writing. 11. Authority. It is expressly understood and acknowledged that the signatories to this Agreement have the power to bind their respective parties to all of the terms and conditions contained herein. All resolutions of the respective governing bodies of the Village and UWWD shall have been adopted by the Village Board and UWWD Board prior to signing. 12. Applicable Law. This Agreement shall be governed under the laws of the State of New York. 13. Venue. Venue for any dispute arising from this Agreement shall be placed in a New York State Court of competent jurisdiction located within the County of Dutchess, State of New York. 14. Entire A,g°eement. This Agreement and any Schedules attached hereto constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether oral or written. There are no 8 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 88 0.5,a representations, promises, warranties, covenants or undertakings other than those contained in this Agreement, which represents the entire understanding of the parties on the subjects contained herein. 15. No oral modification orwaiver. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by the duly -authorized representative against whom such modification or waiver is sought to be enforced. None of the terms of this Agreement can be waived or modified except by an express agreement on writing signed by both parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights. 16. Seyerability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or not entitled to be recorded under any applicable law. If any term, covenant or condition of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms, covenants and conditions of this Agreement shall in no way be affected thereby. 17. Term. The term of this Agreement shall commence upon the execution of this Agreement by both the UWWD and the Village and shall continue in full force and effect unless modified or terminated by a writing signed by all parties hereto, or by operation of law. IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized officers as of the date first above written. 9 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermu Packet Pg. 89 10 a VILLAGE OF WAPPINGERS FALLS Niatt Alexander, Mayor United Wappinger Water District B. ichard Thurston, Town Supervisor Attachment: SEQFlNarrative 2D2D'D7'D8VVVFCVVOVVvvattach (FlES'2020430: Authorizing Application For Grants For |n0unnunicipa Packet Pg. 90 Full Environmental Assessment Form Part 1 - Project and Setting O.5.b Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1 is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Village of Wappingers Falls CW DW Utility Replacements Project - 2020 Update - Water Connection from V Wappingers Falls to T Wappinger Project Location (describe, and attach a general location map): Village of Wappingers Falls Brief Description of Proposed Action (include purpose or need): The Village is nearing the end of a large Capital Improvement Project by way of CWSRF C3-5325-01-00 and DWSRF 17419, which the Village has pursued together within a multi -year phased Project. As of the construction completion of Village Contract 4 in 2019, the CWSRF work is complete. The DWSRF work will end with the construction of Contract 5 in 2021. In 2016, the Village received notice of $5MiI grant award for CW and $3Mil grant award for DW. At that time, the Village completed an amended SEQR for the expanded project evaluating the scope that had not yet been constructed. The work included CW and DW replacements and a proposed new water storage tank. Village Contract 4 construction was completed in 2019. It was the end for CWSRF C3-5325-01-00. In preparation fro Contract 5, there are no additional sewer or water replacements proposed. Also, a water storage tank is no longer proposed. The Village achieved Intermunicipal Agreement with the Town of Wappinger for water connection to the Town. That means that Contract 5 will now feature water storage improvements by way of water system connection to the Town of Wappinger. The proposed water connection to the Town will augment storage already provided within the Village Water System and provide improved operation flexibility for the Village Water System. Construction will be in 2021. See the attached SEQR Narrative for additional information. Name of Applicant/Sponsor: Village of Wappingers Falls Telephone: 845-297-8773 E-Mail: mayor@wappingersfallsny.gov Address: 2582 South Avenue City/PO: Wappingers Falls State: NY Zip Code: 12590 Project Contact (if not same as sponsor; give name and title/role): Nancy A. Clark, P.E., Vice President, KC Engineering & Land Surveying, P.C. Telephone: 845-228-3882 E-Mail: nclark@kcepc.com Address: 2142 Route 302 City/PO: Circleville State: NY Zip Code: 10919-3239 Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For Packet Pg. 9'• O.5.b B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Required Application Date (Actual or projected) a. City Counsel, Town Board, !I Yes■ No Village Board of Trustees, Contract 5 Design V Trustees W Connect Agreement w T Wappinger October 2020 (P) July 24, 2019 (A) or Village Board of Trustees b. City, Town or Village ■ Yes FA No Planning Board or Commission c. City, Town or ■ Yes FA No Village Zoning Board of Appeals d. Other local agencies FA Yes ■No Village Water Board T Wappinger Town Board W Connect Agreement October 2020 (P) July 24, 2019 (A) e. County agencies !►I Yes ■No Dutchess County Dept of Health, Design Approval October 2020 (P) f. Regional agencies ■ Yes FA No g. State agencies FA Yes ■No New York State Dept of Health, Design Approval N h. Federal agencies ■Yes ■ No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? iii. Is the project site within a Coastal Erosion Hazard Area? • YesONo • YesFA No • Yes FA No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 • Yes FA No C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? ,+I Yes • No • Yes !i No b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): Wappingers Creek Watershed Management Plan FA Yes • No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ■ Yes FA No Page 2 of 13 Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For Packet Pg. 92 C.3. Zonings'' L u_ y cri C7 �o o 0 .Q Q 01 o ' Q M 7 0 a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. If Yes, what is the zoning classification(s) including any applicable overlay district? Village of Wappingers Falls VR Village Residential, Town of Wappinger R-20 One Family Residential F4 Yes ■ No b. Is the use permitted or allowed by a special or conditional use permit? !►I Yes ■ No c. Is a zoning change requested as part of the proposed action? If Yes, i. What is the proposed new zoning for the site? ■ Yes !►A No C.4. Existing community services. a. In what school district is the project site located? Wappinger Central School District b. What police or other public protection forces serve the project site? Wappingers Falls Police Dept., Dutchess County Sheriff Dept., NYS Police c. Which fire protection and emergency medical services serve the project site? Hughsonville Fire Company d. What parks serve the project site? Dutchess County Bowdoin Park Reese Park Mesier Park Canal Park D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? Public Water Utility b. a. Total acreage of the site of the proposed action? 0.50 acres b. Total acreage to be physically disturbed? 0.14 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? NA acres c. Is the proposed action an expansion of an existing project or use? • Yes !►I No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? • Yes No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? • Yes ❑No iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will the proposed action be constructed in multiple phases? • Yes No i. If No, anticipated period of construction: 8 months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 Packet Pg. 93 f. Does the project include new residential uses? • Yes If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) 10.5.b 0 u_ L 0 o c 0 u E. Q c •N .c -c Q cl O N O N d) Lu CL 0 a ti a) o 0_ 0 L > CI ( ) u- o o c o N 0- Q w 0) o _1 c a) E Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction (including expansions)? !►I Yes ■ No If Yes, i. Total number of structures 1 ii. Dimensions (in feet) of largest proposed structure: 10 height; 10 width; and 10 length iii. Approximate extent of building space to be heated or cooled: 100 square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any • Yes !►I No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, Purpose of the impoundment: Water main connection between V Wappingers Falls and T Wappinger - provides backup storage ii. If a water impoundment, the principal source of the water: ❑ Ground water ❑ Surface water streams ❑Other specify: Public Water Supply Systems - Village and Town Water Systems include Water Storage Tanks iii. If other than water, identify the type of impounded/contained liquids and their source. NA iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? !4 Yes No Shed. (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i .What is the purpose of the excavation or dredging? Excavation for Water Main, PRV Vault, Meter Vault and Chlorine Booster Station ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): approx 50,000 CF trench material in roadway if not suitable • Over what duration of time? 6 months iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. Trench material from the water main excavation in the roadway, and trench material from excavation from PRV Vault, Meter Vault and Chlorine Booster Station Shed. Contractor is to remove from site and legally dispose. Likely use will be clean fill. iv. Will there be onsite dewatering or processing of excavated materials? ;rA Yes No If yes, describe. Trench dewaterinq will be required during excavation, bedding and backfill if the trench is wet. v. What is the total area to be dredged or excavated? 0.14 acres vi. What is the maximum area to be worked at any one time? 0.05 acres vii. What would be the maximum depth of excavation or dredging? 10 feet viii. Will the excavation require blasting? ❑Yes!4No ix. Summarize site reclamation goals and plan: Trench excavation soil material will be removed from the site by the Contractor and legally disposed of off -site as clean fill. The excavated area will be restored to existing grade. Full depth trench repair and pavement will be completed. Topsoil, seed and mulch will be completed in non -pavement areas. b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment ❑Yes !jNo into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): Page 4 of 13 Packet Pg. 94 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: 10.5.b y c L o u_ o a a Q at c .1 'o -c a Q o M o 0 N4 « Lu p a aa) 2 a = 12 a2 O a U u_ co co 0 ~o o N o N a a u_ w at o J E. E u a iii. Will the proposed action cause or result in disturbance to bottom sediments? ■ Yes❑No If Yes, describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ■ Yes ■ No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c. Will the proposed action use, or create a new demand for water? ■ Yes ®No No If Yes: i. Total anticipated water usage/demand per day: No new demand gallons/day ii. Will the proposed action obtain water from an existing public water supply? !❑ 4 Yes If Yes: • Name of district or service area: Water main connection between V Wappingers Falls and T Wappinger Water Systems • Does the existing public water supply have capacity to serve the proposal? FA Yes ■ No • Is the project site in the existing district? !Yes ■ No • Is expansion of the district needed? ■ Yes rI No • Do existing lines serve the project site? !4 Yes No iii. Will line extension within an existing district be necessary to supply the project? !4 Yes ❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: New water main connection between V Wappingers Falls and T Wappinger Water Systems • Source(s) of supply for the district: Groundwater wells at V Wappingers Falls and T Wappinger Water Supply Facilities iv. Is a new water supply district or service area proposed to be formed to serve the project site? • Yes !INo If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: vi. If water supply will be from wells(public or private), what is the maximum pumping capacity: gallons/minute. pp Y p ) p p g p Y� g d. Will the proposed action generate liquid wastes? ■ Yes®No If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? • Yes®No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? • Yes❑No • Is the project site in the existing district? ■ Yes❑No • Is expansion of the district needed? • Yes❑No Page 5 of 13 Packet Pg. 95 • Do existing sewer lines serve the project site? • Yesd 10.5.b • Will a line extension within an existing district be necessary to serve the project? • Yes • No L 0 u_ L 0 0 u_ = a u .Q Q- Q a) c .1 .L .c Q M N N w C1 a 46 u a) o L a 12 L > 0 N g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, ■ Yes !►I No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet • Yes • No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) • Tons/year (short tons) of Nitrous Oxide (N20) • Tons/year (short tons) of Perfluorocarbons (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF(,) • Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 6 of 13 Packet Pg. 96 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ■ yes q landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): 10.5.b L 0 u_ L C7 L u_ O 4 7:1— a cL Q c N •L 0 .15 ct 0 2 c N N u) Lu u_ a a u a) 0 a = 12 a) > p U u_ o o o o N ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ■ Yes !►I No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ■ Yes No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): • Morning • Evening •Weekend • Randomly between hours of to ii. For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes ❑No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within %z mile of the proposed site? ■ Yes ■ No No No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ■Yes■ or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing • Yes• pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand '9Yes ■ No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: A small demand of electrical energy will be required for Chlorine Boost and Mechanical Shed, PRV Vault, Meter Vault, mechanicals and controls. ii. Anticipated sources/suppliers liers of electricity for the project (e.g.,on-site combustion, on -site renewable, via rid/local utility, or p pp Y g h', other): Local Utility, Central Hudson Gas and Electric iii. Will the proposed action require a new, or an upgrade, to an existing substation? • Yes No 1. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday - Friday: 7am - 7pm • Monday - Friday: 24 hours • Saturday: • Saturday: 24 hours • Sunday: • Sunday: 24 hours • Holidays: • Holidays: 24 hours Page 7 of 13 Attachment: Long EAF Part Packet Pg. 97 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, operation, or both? If yes: i. Provide details including sources, time of day and duration: Noise levels may be elevated above local ambient levels during construction, but will be limited to the hours of 7am - 7pm. 14 Yes 10.5.b Ul c Ill 0 o u_ c 0 lis a Q at c 'N o Q 0 M 0 o N w CL u_ 0 a u o a — 12 L a) 0 Ci U o o N N a a u_ Q w at c 0 c a) c ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? Describe: • Yes No n. Will the proposed action have outdoor lighting? If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: Chlorine Boost Shed will require maintenance light. A small exterior wall pack light is anticipated. ►I Yes • No ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Describe: • Yes No o. Does the proposed action have the potential to produce odors for more than one hour per day? If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures:.15 • Yes ►I No p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored • Yes ►I No ii. Volume(s) per unit time (e.g., month, year) iii. Generally, describe the proposed storage facilities: q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): • Yes ►I No ii. Will the proposed action use Integrated Pest Management Practices? • Yes • No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Yes ►I No • Operation : tons per (unit of time) ii. Describe any proposals for on -site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on -site: • Construction: • Operation: Page 8 of 13 Packet Pg. 98 s. Does the proposed action include construction or modification of a solid waste management facility? • Yes If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): 10.5.b L 0 u_ c L (7 o _ 0 a u Q a Q a) = •c 0 a Q o M N 0 N w ii. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment or • Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: years t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous • Yes !►I No waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on -site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? • Yes ■ No If Yes: provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. (suburban) (specify): (non -farm) • Urban • Industrial !►I Commercial ►1 Residential • Rural • Forest • Agriculture • Aquatic • Other ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +/-) • Roads, buildings, and other paved or impervious surfaces 0.40 0.40 0 • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) 0.10 0.10 0 • Other Describe: Page 9 of 13 u_ a o. u m 0 0 m 0 a U u_ op 0 ti 0 0 O v- o. u_ m Packet Pg. 99 c. Is the project site presently used by members of the community for public recreation? • Yes ✓d i. If Yes: explain: 10.5.b o u_ f!l C Ill CD L o cis u — a Q a) __ N 'L 0 .15 Q o es O N u) w CL p 0 u a) 0 a = aai O a U co o o ci 0 N a a Q w a) c 0 J C a) d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed • Yes,1,4 No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: e. Does the project site contain an existing dam? • Yes No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, • Yes,1,4 No No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? • Yes• • If yes, cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin • Yes No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any • Yes,1r4 No No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site • Yes ■ Remediation database? Check all that apply: • Yes — Spills Incidents database Provide DEC ID number(s): • Yes — Environmental Site Remediation database Provide DEC ID number(s): • Neither database ii. If site has been subject of RCRA corrective activities, describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? • Yes No If yes, provide DEC ID number(s): iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 E C.) Packet Pg. 00 v. Is the project site subject to an institutional control limiting property uses? • If yes, DEC site ID number: • Yes 10.5.b 0 u_ (1) C 1 ,V^L L 8 o u 'Q a Q C 0 .. M o N Lu u_ a a u a) o a L > p U o o N N . a u_ w c 0 J .. _ E u cu • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? • Explain: • Yes • No E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? 1.7 to over 6.7 feet b. Are there bedrock outcroppings on the project site? If Yes, what proportion of the site is comprised of bedrock outcroppings? % • Yes r4 No c. Predominant soil type(s) present on project site: Dutchess-Cardigan Complex 100 % %'L d. What is the average depth to the water table on the project site? Average: over 6.7 feet.15 e. Drainage status of project site soils: !4 Well Drained: 100 % of site • Moderately Well Drained: % of site • Poorly Drained % of site f. Approximate proportion of proposed action site with slopes: !4 0-10%: 100 % of site • 10-15%: % of site • 15% or greater: % of site g. Are there any unique geologic features on the project site? If Yes, describe: • Yes!►I No h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification No No ■ Yes r4 !4 Yes ■ !A Yes ❑No • Lakes or Ponds: Name Classification • Wetlands: Name State Regulated Check Zone - Work is in developed road Approximate Size • Wetland No. (if regulated by DEC) • Yes ®No v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ■ Yes ®No j. Is the project site in the 100-year Floodplain? !►I Yes ❑No k. Is the project site in the 500-year Floodplain? • Yes ®No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? If Yes: i. Name of aquifer: Principal Aquifer !A Yes ❑No Page 11 of 13 Packet Pg. 0 m. Identify the predominant wildlife species that occupy or use the project site: 10.5.b Typical Urban and Suburban Species 0 u_ ca = o u_ 0 u a Q c N �L 0 .15 . M 0 ' N 0 N w p a u a) o a L > 0 a U u' 00 0 ti o N 0 N t ez a u_ w at _ 0 n. Does the project site contain a designated significant natural community? If Yes: i. Describe the habitat/community (composition, function, and basis for designation): • Yes®No ii. Source(s) of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing (endangered or threatened): !A Yes ■ No Indiana Bat p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of special concern? If Yes: i. Species and listing: • Yes No q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? If yes, give a brief description of how the proposed action may affect that use: ■ Yes ;UN° E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: •Yes nNo b. Are agricultural lands consisting of highly productive soils present? i. If Yes: acreage(s) on project site? •Yes nNo ii. Source(s) of soil rating(s): c. Does the project site contain all or part of or is it substantially contiguous to, a registered National Natural Landmark? If Yes: •Yes nNo i. Nature of the natural landmark: • Biological Community • Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? If Yes: i. CEA name: • Yes No ii. Basis for designation: iii. Designating agency and date: Page 12 of 13 a) E u Packet Pg.102 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ■ Yes which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: 10.5.b NYS C L 0 L O u_ o Q Q _ N o Q o N 0 N ch Lu CL i, i. Nature of historic/archaeological resource: ■ Archaeological Site ■ Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for • Yes UNo archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? • Yes UN() If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ■ Yes !4 No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,.15 etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers • Yes !A No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? • Yes ■ No 0. F. Additional Information m Attach any additional information which may be needed to clarify your project. 2 Attached SEQR Narrative provides additional information. 0- If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. 0 a U u_ 0 0 ti 0 Signature �� Title Vice President N 0 N t 0. u_ G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Village of Wappingers Falls Date July 8, 2020 Nancy A. Clark, P.E. PRINT FORM Page 13 of 13 KC Engineering and Land Surveying, P.C. Village Engineer Agent for the Applicant Packet Pg. 0 EAF Mapper Summary Report 10.5.b Thursday, July 2, 2020 10:24 AIVI ffff pule 1l hm Ili C rrr4VB9Irfl�'r d into k ~r:01f1 rff r" 'h:6;e'rti; o f nrr'ir1, SGS,. Irk irrrkflpf CRE ME NT P11p.+,'_"'err, Earl J Pa[ft r� �,. Esrn China nj lt'orn y, Esri ;ffKor o. Esri (Thai lancti„ hJGCJti;, (c) OpE7StheAMap Oiffitmhwrtot , and the GIs Iper Comm Linty' rl '16D Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environments assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. 111 Er ;p'l}ts`)ut 0E1p51T wk ff iff if dui, Tor 4I)44, nil .ortr p1 ;vuili;t YorK Ph lh d p(hr i ��?I? iti, ��1E11� E it (hwnaa (I-o'i j Korr , , Ea,i r'-I 5 r'�1)j't,gM��ne a .W51'fl�'Ir,kll'r ffd B.i.i [Coastal or Waterfront Area] No B.i.ii [Local Waterfront Revitalization Area] No C.2.b. [Special Planning District] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. E.1.h [DEC Spills or Remediation Site - Digital mapping data are not available or are incomplete. Refer to EAF Potential Contamination History] Workbook. E.1.h.i [DEC Spills or Remediation Site - Digital mapping data are not available or are incomplete. Refer to EAF Listed] Workbook. E.1.h.i [DEC Spills or Remediation Site - Digital mapping data are not available or are incomplete. Refer to EAF Environmental Site Remediation Database] Workbook. E.1.h.iii [Within 2,000' of DEC Remediation No Site] E.2.g [Unique Geologic Features] No E.2.h.i [Surface Water Features] No E.2.h.ii [Surface Water Features] Yes E.2.h.iii [Surface Water Features] Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. E.2.h.v [Impaired Water Bodies] No E.2.i. [Floodway] No E.2.j. [100 Year Floodplain] Yes E.2.k. [500 Year Floodplain] No E.2.l. [Aquifers] Yes E.2.l. [Aquifer Names] Principal Aquifer E.2.n. [Natural Communities] No E.2.o. [Endangered or Threatened Species] Yes Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For Full Environmental Assessment Form - EAF Mapper Summary Report Packet Pg. 104 E.2.o. [Endangered or Threatened Species - Indiana Bat Name] E.2.p. [Rare Plants or Animals] E.3.a. [Agricultural District] E.3.c. [National Natural Landmark] E.3.d [Critical Environmental Area] E.3.e. [National or State Register of Historic Digital mapping da Places or State Eligible Sites] Workbook. E.3.f. [Archeological Sites] E.3.i. [Designated River Corridor] No No No No No No a are not available or are incomplete. Refer 0.5.b o EAF Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For Full Environmental Assessment Form - EAF Mapper Summary Report Packet Pg.105 0.5.a VILLAGE OF WAPPINGERS FALLS Village Board of Trustees Hon. Matt Alexander, Mayor 2582 South Avenue, Wappingers Falls, NY 12590 Phone: (845)297-8773 fax: (845)298-2645 e-mail: mayor@wappingersfallsny.gov www.wappingersfallsny.gov Date: July 9, 2020 To: Town Supervisor Richard Thurston Town of Wappinger Town Board 20 Middlebush Road Wappingers Falls, New York 12590 Rthurston@townofwappingerny.gov **via email** Re.: SEQR Lead Agency Coordination Request Village of Wappingers Falls CWSRF and DWSRF Project — 2020 Update In Preparation for Contract 5 The Village of Wappingers Falls Village Board of Trustees is serving as Applicant for the above referenced project. The Village Board of Trustees has made a preliminary determination that it is the most appropriate agency to conduct the State Environmental Quality Review (SEQR) of this project since the anticipated impacts are of primarily local significance. Your agency has been identified as an Involved Agency with approval authority. Enclosed please find a copy of the Environmental Assessment Form and SEQR Narrative for project information. Upon receipt, please check all boxes below that apply, sign, and return this letter t the Village Engineer by email. The Village Board of Trustees understands that 30-days are allotted for response, however, expedited response is needed to comply with required timeline in preparation for finance closing. The Village requests receipt of a response from your office as soon as possible, by or before Jul 21.2020. To expedite, please email response to the Village Engineer, KC Engineer and Lan( Surveying, P.C. — Attention Nancy Clark, nclark(a kcepc.com. ❑ We consent to the Village of Wappingers Falls Village Board of Trustees serving as Lead Agency on this application. ❑ We do not consent to the Village of Wappingers Falls Village Board of Trustees serving as Lead Agency on this application and wish to contest lead agency designation under the procedures found in 6 NYCRR 617.6(b). ❑ Our agency's jurisdiction on this application is as follows: ❑ Potential issues of concern are as follows: Please provide any additional comments on the reverse side of this letter. If you have any questions, please contact the Village Engineer, KC Engineering and Land Surveying, P.C., Attention Nancy Clark. Thank you for your prompt attention to this matter. Contact Persons: Nancy A. Clark, P.E., Vice President, KC Engineering & Land Surveying, P.C. (845) 228-3882 Corey Usavich, Grant Writer, Village of Wappingers Falls, (845) 297-8773 Attachment: 2020-07-09 T Wappinger Board -Lead Agency Circulation Prep for Contract 5 (RES-2020-130 : Authorizing Application For Grants Packet Pg. 06 Correspondence Log - 2020-07-13 Agenda Date 7/13/2020 7/13/2020 7/13/20201 O 00 N CO r N- 0 N ( ) r N- 7/13/20201 0 'o N CO r 7/13/2020 7/13/2020 7/13/2020 7/13/2020 Re: April 2020 Justice Report February 2020 Justice Report 1 May 2020 Justice Report Copy Re: LaGrange Propsed Local Law Email Re: Quiet Acres Park June 2020 Justice Report 1 June 2020 Justice Report Request Temporary Connection to UWWD Letter Re; Montclair Condominiums May 2020 Tax Repot June 2020 Tax Report Date Rec' 6/19/2020 6/19/2020 j 6/25/2020 O N O N 0) N O O N O N r T. 7/2/2020 O N C. N (.. ti 7/7/2020 7/7/2020 7/9/2020 7/9/2020, Date 6/19/2020 6/19/2020 0 0N N 1f) N 6/25/2020 6/20/2020 0 N 0 N N h 7/6/2020 7/6/2020 7/7/2020 7/9/2020 7/9/2020 From Carl S. Wolfson Carl S. Wolfson Heather L. Kitchen Christine O'Reilly -Rao Ellen Korz Carl S. Wolfson Heather L. Kitchen Montclair Condominiums Daniel J. Keeler 'Lee Ann Freno Lee Ann Freno To Town Board Town Board Town Board Town Clerk Town Board Town Board Town Board Town Board Town Board 07-13-010 Town Board 107-13-011 Town Board L G! E 7 Z .-- 0 0 A r N. 0 N 0 0 07 r N. 0 Cr) 0 0 0) r 0 [f' 0 99(3009, 0 r 0 In 0 0) r r- 0 (o 0 A r 0 r- 0 M r NI- 0 a0 0 A r ti 0 6) 0 co r ti 1 0q 0.6.a Packet Pg. 107 2.02Ci 67/ 13w* TOWN OF WAPPINGER TOWN JUSTICE HEATHER L. KITCHEN 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. June 18, 2020 Supervisor Thurstovt and Members of the Towvt Board Town of Wappivtger Towvt Hall 20 Middlebush Road Wappingers, NY 125go TOWN JUSTICE CARL S. WOLFSON -MCI-RYE: JUN 19 2020 TOWN OF WAPPINGFF ,n Pm1 fit .. Re: Carl S. Wolfson, Towvt Justice Report For the wtovtth of April, 2020 Dear Supervisor Thurstovt and Members of the Towvt Board; The following is a report of the cases disposed of durivtg the month of April, 2020; 4 Penal Law matters resulting in no monies collected. 1 Town Ordinance resulting ivt vto wtovties collected. Packet Pg. 10 0.6.a Due to the Covid pandemic, no monies were collected during the wtovtth of April and thereFore no money was Forwarded to the Town. Additionally, r am holding $1,506.00 in pending ball. ctfully submitted, i4,4,Cari S. Wo(Fson, Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg. 109i TOWN OF WAPP�IN?ER�7/ 13 P� in $40,1.14.00. in fees. TOWN JUSTICE HEATHER L. KITCHEN June 1q, 2020 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. TOWN JUSTICE CARL S. WOLFSON RECEIVED) JUN 1 9 2020 TOWN OF WAPPINGF -•,,r.'a.M A 9A A .Yh, �nrs ri Supervisor Thurston and Members of the Town Board Town of Wappivtger Towel Nall 20 Middlebusk Road Wappingers, NY 125go Re: Carl S. Wolfson, Town Justice Report for the month of February, 2020 Pear Supervisor Thurston and Members of the Town Board; The Following is a report of the cases disposed of during the wtovtth of February, 2020; 13 Penal Law matters resulting in $325.00 collected in Fines avid Fees. 382 VeGticle and TraFfic Law matters resulting 11 Civil matters resulting in $8 7.00 collected Packet Pg. 110 0.6.a 2 Town Ordinance matters resulting iv. $50.00 collected in Fines. 6 Transportation Law matters resulting in 150.0o collected in fines. 1 Alcohol avid Beverage Law matter resulting in no monies collected. 36 Scofflaw fees collected in the amount of $2,4 S 5.00, monies collected. 1 Public Health Law matter resulting in no 1 Bail Forfeiture in the amount of $1oo.00. 1 Bail Poundage in the amount of $15O.O0. 1 have forwarded a check to the Town of Wappinger in the amount of $43,4(1.00. Additionally, 1 am holding $1,506.00 in pending bail. Respectfully submitted, Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg. 2 Az • 240/0 / 3 'ar 10,6.a TOWN OF WAPPINGER TOWN JUSTICE HEATHER L KITCHEN June 25, 2020 JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 (845) 297-7739 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 Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Thurston and Members of the Town Board: TOWN JUSTICE CARL S. WOLFSON The following cases were disposed of while I presided over the Justice Court during the month of May 2020: 17 Vehicle & Traffic Law matters resulting in $1,075.00 collected in fines and fees. 5 ..Penal Law matters resulting in $0.00 collected in fines and fees.. 1 Termination of Suspension matter resulting in $70.00 collected in fees. I have forwarded a check in the amount of $1,145.00 to the Town of Wappinger on June 5`", 2020. Additionally, I am holding $13,680.00 in pending bail. Please note that no cases were disposed in April 2020. Respectfully Heather L. ' itchen Town Justice cc: Joseph Paoloni, Town Clerk J U N 2 5 2020 TOWN OF WAPPINGF` Packet Pg. 112 24/7th '6• TOWN OF LAGRANGE CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 June 25, 2020 Dutchess County Dept. of Public Works State Historic Preservation Office NYS Dept. of Environmental Conservation - Region 3 Regional Dir. of Parks, Recreation & H.istoric Preservation Clerk, Town of East Fishkill Clerk, Town of Wappinger Re: Town of LaGrange Proposed Local Law Clerk, Town of Pleasant Valley Clerk, Town of Washington Clerk, Town of Union Vale Clerk, Town of Poughkeepsie Clerk, Town of Beekman A LOCAL LAW OF THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK, AMENDING SECTION 240-70.1 AND SECTION 240-35 OF CHAPTER 240, "ZONING", OF THE LAGRANGE TOWN CODE TO MODIFY REGULATIONS PERTAINING TO DRIVE - THROUGH SERVICE FACILITIES Dear Sir or Madam: On behalf of the Town Board, I forward a copy of the abstract of a proposed Local Law for review and comment. Should you have any comments please provide them to the Town Board by the time of the scheduled public hearing of August 12, 2020. Sincerely, Christine O'Reilly -Rao Town Clerk JUN 2 9 2020 TOWN OF WAPPINGF 0.6.a Packet Pg. 113 0.6.a NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of LaGrange will hold a public hearing at the Town Hall, 120 Stringham Road, LaGrangeville, New York on August 12, 2020, at 7T00 o'clock p.m., Prevailing Time on Local Law No. of the Year 2020, to amend Chapter 240 "Zoning" of the Town Code of the Town of LaGrange, Dutchess County, New York at Subsection 240-70.1(C) and Subsection 240-35 (H)(2)(a)[8] pertaining to drive -through service facility regulations in the TCB zoning district. TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the office of the Clerk of the Town of LaGrange, at the Town Hall, 120 Stringham Road, LaGrangeville, New York, between the hours of 8:30 a.m. and 4:00 p.m. on all business days except Tuesdays when the hours are between 8:00 a.m. and 3:30 p.m., from the date of this notice and the date of the public hearing. TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid. DATED: LaGrangeville, New York June 24, 2020 3 Ovatxi,e 'JrJ2ao CHRISTINE O'REILLY-RAO, TOWN CLERK Packet Pg. 114; Joe Paoloni From: Sent: To: Subject: Ellen and John <jtkorz@optonline.net> Wednesday, July 1, 2020 10:12 AM Joe Paoloni Quiet Acres Park 0.6.a ATTENTION: This email camefrom an external source. Do not open attachments or click on links from unknown senders or unexpected emails. I have been a resident of Quiet Acres for nearly 41 years. I was a member of the Recreation Committee for about 25 years. I helped to keep our programs running on a very small budget. The park on Helen Drive, due to my efforts petitioning, had one of the highest attendance records for our summer programs. Right now our park is a disaster. Other than mowing, the town has neglected it's upkeep. I have been in contact with Chris Phillips, Kevin Hathorn and Dick Thurston about renovating the park. I was told there was money allocated to do this project. Pictures were taken of the rusty equipment and the lack of ground cover. I asked that this park be made safe and family friendly. I hope that this is what the Town Board will do. Ellen Korz RECEIVED JUL 0I 2020 TOWN OF WAPPINGE 1 Packet Pg. 116 2 TOWN OF WAPPINGER TOWN JUSTICE HEATHER L. KITCHEN 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. July 2,2020 Supervisor Thurston and Members of the Town 13oard Towvt of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12540 Re: Carl S. Wolfson, Town Justice Report for the month of June, 2020 Pear Supervisor Thurston and Members of the Town 13oard; The following is a report of the cases disposed of during the month of June, 2020; TOWN JUSTICE CARL S. WOLFSON 8 Penal Law matters resulting in $205.00 collected in Fines and fees. 27 Vehicle and Traffic Law matters resulting in in)-CEINELLI $3,615.00 collected in fines and fees. JUL 0 2 2020 TOWN OF WAPPING Packet Pg. 116 0.6.a 1 Civil matters resulting in $5.00 collected in fees. 16 Termination of Suspension Fees resulting in $1,120.00 collected. I have forwarded a check in the amount of $4,49s.00 to the Town of Wappinger Comptroller. Additionally, I am holding $1,506.00 in pending bail. RespectfulUy submitted, Cary' : Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg. 117; 026/07/ 13 TOWN OF WAPPINGER TOWN JUSTICE HEATHER L. KITCHEN 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 R.M. 1st and 3rd Thursdays 5:30 P.M. July 2,2020 Supervisor Thurston and Members of the Town Board Towvt of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Report For the month of June, 2020 Dear Supervisor Thurston and Members of the Town Board; TOWN JUSTICE CARL S. WOLFSON The Foflowing is a report of the cases disposed of during the month of June, 2020; 8 Penal Law matters resulting in $205.00 collected in Fines and Fees. 27 Vehicle and Traffic Law matters resulting in ,$3,615.00 collected in fines and Fees. Packet Pg. 118 0.6.a 1 Civil matters resulting in $5.00 collected hi. fees. 16 Terwtivtatiovt of Suspevtsiovt fees resultivtg ivt $1,120.00 collected. I have forwarded a check hit the avvtouvtt of $4,495.00 to the Towvt of Wappivtger Comptroller. Additionally, I awt holding $1,506.00 ivt pending bail. RespectFu,lly,su bwtitted, Car t Wolfson, Towvt Justice cc: Joseph Paolovti, Tow Clerk REMVEL JUL 0 2 2020 TOWN OF WAPPINGF' a".,q ,.,, Packet Pg. 119i Zdit4 TOWN OF WAPpIN(xr: Ti�� '�G� TOWN JUSTICE HEATHER L. KITCHEN July 6, 2020 JUSTICE COURT 20 MIIJDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 (845) 297-7739 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 Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 TOWN JUSTICE CARL S, WOLFSOI Dear Supervisor Thurston and Members of the Town Board: The following cases were disposed of while 1 presided over the Justice Court during the month of June 2020: 37 Vehicle & Traffic Law matters resulting in $3,524.00 collected in fines and fees. 6 Penal Law matters resulting in $0.00 collected in fines and fees. 3 Civil matters resulting in $15.00 collected in fees 8 Termination of Suspension matters resulting in $560.00 collected in fees. I have forwarded a check in the amount of $4,099.00 to the Town of Wappinger on July 2nd, 2020. Additionally, I am holding $3,680.00 in pending bail. Respectfully Heather L, �" ellen Town Justice cc: Joseph Paoloni, Town Clerk JUL 06 2020 OWN OF WAPPING Packet Pg. 120 20Z4/4043 "boo July 6, 2020 Supervisor Richard Thurston and Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 Hand drop off and email Re: Montclair Condominiums (aka Montclair Townhouses) Alpine Drive 135689-6057-16-000000 Temporary Water Connection to United Wappinger Water District Dear Supervisor Thurston and Town Board Members: Enclosed is a petition and documents for a request by the Montclair Condominiums (Montclair) to have a temporary water connection to the United Wappinger Water District. l would appreciate it if you would place this matter for consideration on your July 13, 2020 agenda. Montclair is immediately adjacent to the district. Montclair's water supply is from on -site wells. The wells, currently, are not producing an adequate amount of waterrequired by the residents. The residents have been put on notice of water restrictions. Water is being trucked in. Montclair would like to temporarily connect to a United Water hydrant on Amherst Lane. The town owns the property between the hydrant and the Montclair boundary. The temporary connection would provide the additional water to eliminate or reduce the volume of water trucked in while repairs to the wells can be performed and other options are explored. Montclair has met with Mike Tremper of CAMO and John Lazarony, P.E. of CPL to discuss a temporary connection to the hydrant. Mr. Tremper stated, if the town board approves, a 2" water line could be connected to the hydrant and go overland through the town property to Montclair. The connection at the hydrant would be performed by the Water District and the remainder of the work by Montclair. The small water line would restrict the volume consumed by Montclair. The connection would include a meter and backflow prevention device. Daniel Keeler, P.E. from Dutchess County Dept of Community and Behavioral Health was also at the meeting and he agrees with the concept. Enclosed are Petition for the Temporary connection (1 original and 7 copies) Property Cards for the two town parcels (7 copies) Mr. Keeler's inspection report dated, July 2, 2020 (7 copies) RECEN JUL 0 7 2020 7`OWN OF WAPPINGF" Packet Pg. 12 0,6.a STATE OF NEW YORK COUNTY OF DUTCHESS: TOWN OF WAPPINGER In the Matter of the Petition of Montclair Condominiums (aka Montclair Townhouses) TO TEMPORARILY EXTEND WATER FROM THE UNITED WAPPINGER WATER DISTRICT TO MONTCLAIR CONDOMINIUMS TO THE TOWN BOARD OF THE TOWN OF WAPPINGER Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 We, the undersigned owners of taxable real property according to the latest completed assessment roll of the Town, hereby petition as follows: 1. The Town Board to authorize a temporary water line connection to the United Wappinger Water District hydrant on Amherst Lane for the benefit of the residents of the Montclair Condominiums, Alpine Drive SBL# 135689-6057-16-000000. 2. The Town Board to authorize a temporary water line to cross over property owned by the Town of Wappinger from the hydrant on Amherst Lane to the common property line with Montclair Condominiums. The property owned by the town being two lots with Parcel Grid Identification # 135689-6057-04-815420-0000 and 135689- 6057-04-802420-0000. 3. The wells at Montclair Condominiums are not providing adequate water. The wells need to be rehabilitated. The temporary water will provide the additional water required by the residents while the existing wells are being refurbished. WHEREFORE, the undersigned Petitioners respectfully request that the Town Board of the Town of Wappinger establish a temporary water extension from the United Wappinger Water District hereinabove proposed and described. Dated: New York 2020 Montclair C By: 4., '�' Pe z n and C. r try Property Management • Neptune i ve, Suite 19A Poughkeepsie, NY 12601 Authorized Agent for Montclair Condominiums STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS On the (Q day of July 2020, before me, the undersigned, personally appeared Yvette Perez, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executes the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of wi}ich eh individual acted, executed the instrument. VALERIE MARIE FAIRHURST NOTARY PUBLIC. STATE OF NEW YORK Rcgitltotion No. of FA63333 Qualified in Deaden County Commission Emires Dec. 27, 3D Nota Public Packet Pg. 122 7/272020 ParcelAccess - Property Card 0.6.a Final Roll Parcel Grid Identification #: 135689-6057-04-802420-0000 Municipality: Wappinger Parcel Location Amherst Ln Owner Name on March 1 Town Of Wappinger , (P) Primary (P) Owner Mail Address 20 Middlebush Rd Wappinger Falls NY 125900000 Parcel Details Size (acres): 1.6 Ac. Land Use Class: (311) Vacant Land: Residential: Residential Vacant Land File Map: 3354 Agri. Dist.: (0) File Lot #: School District: (135601) Wappinger Falls Central School District Split Town Assessment Information (Current) Land: Total: County Taxable: Town Taxable: School Taxable: Village Taxable: $124800 $124800 $0 $0 $0 $0 Tax Code: Roll Section: Uniform %: N: Non -Homestead 8 99 Tent. Roll: Final. Roll: Valuation: 5/1/2020 7/1/2020 7/1/2019 Full Market Value: $ 126100 Last SalefTransfer Sales Price: Sale Date: Deed Book: Deed Page: Sale Condition: No. Parcels: $0 0 1258 0993 O 0 Site Information: Site Number: 1 Water Supply: Sewer Type: Desirability: Zoning Code: Used As: (3) Comm/public (2) Private (2) Typical R20 ( ) Special District Information: Special District: 999AM Spec. Dist. Name: Primary Units: Advalorem Value Ambulance Town Wide 0 0 Special District: GRLTN Spec. Dist. Name: Primary Units: Advalorem Value Grinnell Public Lib 0 0 Spoclal District: HF035 Spec. Dist. Name: Primary Units: Advalorem Value Hughsonville Fire 0 0 Special District: HL066 Spec. Dist. Name: Primary Units: Advalorem Value Hughsonville Light 0 0 Exemption Information: Exemption: 13500 https:I/gis.dutchessny.gov/parcelaccess/propertyCard.asp?parcelgrid 13568900605700048024200000&parcelid=96091 Packet Pg. 123 7/2/2020 ParcelAccess - Property Card 0.6.a Final Roll Parcel Grid Identification #: 135689-6057-04-815420-0000 Municipality: Wappinger Parcel Location Amherst Ln Owner Name on March 1 Town Of Wappinger , (P) Primary (P) Owner Mail Address 20 Middlebush Rd Wappinger Falls NY 125900000 Parcel Details Size (acres): 1.1 Ac. Land Use Class: (311) Vacant Land: Residential: Residential Vacant Land File Map: 3354 Agri. Dist.: (0) File Lot #: School District: (135601) Wappinger Falls Central School District Split Town Assessment Information (Current), Land: Total: $86000 $86000 County Taxable: $0 Tax Code: Roll Section: Uniform %: N: Non -Homestead 8 99 Tent. Roll: 5/1/2020 Last Sale/Transfer Sales Price: $a Site Information: Site Number: 1 Water Supply: (3) Comm/public Final. Roll: Valuation: 7/1/2020 7/1/2019 Town Taxable: School Taxable: Village Taxable: $0 $0 $0 Full Market Value: $ 86900 Sale Date: Deed Book: Deed Page: Sale Condition: No. Parcels: 0 1258 0993 O 0 Sewer Type: Desirability: Zoning Code: Used As: (1) None (2) Typical R20 O Special District Information: Special District: 999AM Spec. Dist. Name: Primary Units: Advalorem Value Ambulance Town Wide 0 0 Special District: GRLTN Spec. Dist. Name: Primary Units: Advalorem Value Grinnell Public Lib 0 0 Special District: HF035 Spec. Dist. Name: Primary Units: Advalorem Value Hughsonville Fire 0 0 Special District: HL066 Spec. Dist. Name: Primary Units: Advalorem Value Hughsonville Light 0 0 Exemption Information: Exemption: 13500 https://gis.dutchessny.gov/parcelaccesslpropertyCard.asp?parceigrid=13568900605700048154200000E parce[id=96098 Packet Pg. 124 0.6.a MARCUS J. MOLINARO COUNTY EXECUTIVE July 2, 2020 COUNTY OF DUTCHESS DEPARTMENT OF BEHAVIORAL, AND COMMUNITY HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES Yvette Perez Montclair Condominium HOA Town and County Property Management 3 Neptune Road, Suite A19A Poughkeepsie, NY 12601 A.K. VAIDIAN, MD, MPH COMMISSIONER Re: Montclair Condominiums - Public Water Supply Inspection Federal ID# 1303225 Town of Wappinger Dear Ms. Perez; On June 30, 2020, this. Department conducted its regular inspection of the above referenced supply to determine compliance with Part 5 of the New York State Sanitary Code. Accompanying me and providing input was your New York State certified operator Christopher Finnegan as well as Travis Steimle from JCO, Inc, Also present during the inspection was yourself and Valerie Fairhurst from Town & Country Property Management, Michael Tremper and John Lazarony representing the Town of Wappinger and Joseph Berger and Michele Zerfas from Berger Engineering, Below is a summary of the community water system's general operation. • The system serves approximately 1100 people through 296 service connections consisting of residential units. • Eight groundwater wells (1, 2, 3, 4, 5, 6, 7 & 8) located throughout the property serve as water sources for this supply. Wells 1 & 5 have been inoperable for a considerable amount of time and well 4 has been offline for over a year due to high iron levels. Well 8 was approved but was never connected to the system. Wells 2, 3, 6 & 7 are currently the active supplies for the system and are operated simultaneously. However, currently the well 6 pump is out of service and well 7 is riot producing any water. Well 2 is currently producing 10-13 GPM, and well 3 is producing 8- 12 GPM, which are significantly less than the yields these wells produced In 2017. • Raw water is combined within the treatment plant and is injected with orthosphosphate (CARUS 9100) for corrosion control and sodium hypochlorite for disinfection before entering two (2) buried atmospheric storage tanks located behind the treatment plant. These tanks are used for chlorine contact time and to provide storage for present and future use. • Water is then conveyed to a buried hydropneumatic tankvia a pair of alternating transfer pumps located in the treatment room. The hydropneumatic tank provides adequate pressure in the distribution system (near 100 psi at the plant at the time of inspection). • An emergency power generator (propane) has been installed at the facility, Reportedly, alarms are set for low system pressure and a low storage tank condition, There is no autodialer at this facility, • The facility has begun a distribution flushing program and plans to perform the sequence at least annually. U223 Main Street, Beacon, New York 12508 + (845) 838-4801 • Fax (845) 838-4824 U131 County House Road, Millbrook, New York 12545 • (845) 677-4001 • Fax (845) 677.4008 ,. $5 Civic Center Plaza - Suite 106, Poughkeepsie, New York 12601 • (845) 486-3404 • Fax (845) 486-3545 • T ? (845) 486-3417 Healthinfo@Dutche$sNY.gov DutchessNY.gov/DBCH Packet Pg. 12 0.6.a Montclair Condominiums - Public Water Supply Inspection Federal ID## 1303225 Town of Wappinger Page2 The following items were discussed during the inspection and/or are reiterated here as documentation for the New York State Department of Health, Bureau of Public Water Supply Protection program. 1. Monthly operation reports provided to this Department over the past year indicated an average daily usage of approximately 35,000 gallons per day. Based on the monthly operation reports provided, chlorine residuals were maintained within an acceptable range and thereby were able to meet disinfection requirements since the previous inspection in 2019. However, as found during the previous inspection, there was no chlorine residual in the system or at the treatment plant during the time of inspection. As it is required to maintain a residual throughout the distribution system to protect the consumers, a violation of 6-1.30 was issued and this office required a boil water advisory be issued to the residents. This letter is hereby your notice of this violation. After communicating with your operator over the next couple days, it has been deternriined that there is now a chlorine residual throughout the distribution system. Once this office receives two satisfactory bacteria samples (24 hours apart), which also demonstrate a good chlorine residual, the violation can be resolved and the notice can be lifted. 2. As noted above, this system is currently experiencing significant source capacity issues and is trucking in at least two tankers per day since June 16, 2020 to keep up with system demand. This is hereby a violation of 5-1.71(a), At this time, our Department is requiring immediate action be taken to correct the source capacity problem. During the field visit, an emergency connection to the nearby Town water system was discussed and should be implemented as soon as possible. If the emergency connection is not made, immediate action must be taken to restore the inactive wells that were previously online (with the exception of well 4 — see below) and/or to increase the production rate from wells 2 and 3. Please provide documentation to this office no later than July 3, 2020 indicating what steps are to be taken to resolve the source capacity issue on a short term basis as well as a proposed timeframe to make these corrections, In addition to this immediate action, a longer term solution must also be proposed to this Department. This office is requiring a timetable of compliance be provided no later than July 31, 2020 which outlines a long term solution to the source capacity violation and proposed completion dates for plan submission and construction certification. 3. Although an inspection of the wells heads was not made during this visit, this office was provided with documentation since the previous inspection indicating that the well head issues raised during last year's inspection have been corrected.. 4. Some of the maintenance issues raised during last year's inspection have since been corrected. The inoperable booster pump has been replaced. Appropriate documentation was provided to this office and the modification was accepted, At the time of inspection, the newly installed booster pump was inoperable due to a missing coupling. Please have this repaired as soon as possible and no later than July 31, 2020. Please indicate on the appropriate monthly operation report comments section when this work was done. In addition, the operators have been able to significantly reduce the amount of moisture within the treatment room which has corrected a long- standing problem: 5. Well #4 was tested for several contaminants and was found to have elevated levels of both iron and manganese, Please be advised this source cannot be used until adequate treatment is designed and installed for iron and manganese removal. Packet Pg. 126 0.6.a Montclair Condominiums - Public Water Supply Inspection Federal ID# 1303225 Town of Wappinger Page3 6. As noted above, this facility has begun a distribution flushing program. if adequate flushing requires installation of additional valves and hydrants within the system, please contact this office for proper approval requirements prior to installation of such devices, In addition, please contact this office prior to conducting the next system flushing so I can, if available, witness the procedure. This office received an acceptable copy of the 2019 Annual Water Quality Report on time, Please be advised that the certification form indicating how and when the report was distributed to customers, must be provided to this Department no later than September 1, 2020. It is recommended to submit a rough draft of next year's report to this Department by February 28th to allow sufficient review time, This facility currently has a waiver from the chloride maximum contaminant level (MCL). Please follow the requirements as set forth in the February 6, 2020.waiver and cover letter.. As a reminder, the waiver expires. on December 31, 2022. It is also important to note the age of the water treatment building, Based on my observation, it is not clear this building is structurally safe. Permanent connection to the Town water system will address this concern as well as the chloride exceedance, I would like to thank all who were present for their assistance during the inspection. Please keep this office updated on any changes associated with the water system. If you have any questions regarding this correspondence, or if I can be of further assistance, please contact me at (845) 486-3404. Sincerely, 'keelo( Daniel J. Kerr, P.E. Senior Public Health Engineer Environmental Health Services DJ K/ef cc: File. Christopher Finnegan, Operator - JCO, Inc. Mike Tremper, GAMO Pollution Control Joseph Berger, P.E., LS, Packet Pg. 127 0.6.a BERGER ENGINEERING AND SURVEYING 1.00 Fulton Avenue Poughkeepsie, N..ew York 12603 Engineering Services: (845) 471-738;3 GIS Services: (845) 392-7180 www BergerEngr.com MONTCLAIR TOWN HOUSES Alpine Drive Town of Wappinger, Dutehess County, New York TEMPORARY WATER SUPPLY PWS # 1303225 July 2, 2020 Rev July 6, 2020 This report is in response to a request by Daniel Keeler, P.E. from DC EHS at a site meeting on June 30, 2020. The meeting was to discuss the water supply situation. I. Situation There are issues with the water supply system. Currently the well system cannot supply enough water for the demand. Water is being truck in to provide adequate potable water. Water use restriction notices have sent to all of the residents. There are various issues with the well system equipment that cannot be immediately resolved. II. Immediate Steps Proposed is an emergency water solution through a temporary connection to the Town of Wappinger United Water District system. This connection wouldprovide enough water to reduce or eliminate the need to truck in water while a repairs or a permanent connection can be completed. The temporary connection would be a connection to an existing hydrant on Amherst Lane which serves the subdivision to the west of the Montclair development. Extend a temporary water pipe overland through town property to Well #5 on the Montclair property. From Well #5 the town water will use the existing Well #5 raw pipe to carry water to the existing treatment plant and storage tanks. The pressure in the Montclair system is probably higher than the town system. Therefore, the temporary water pipe cannot be connected directly into the Montclair water distribution system. BE BERGER ENGINEERING AND SURVEYING PLLC • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 1 of 4 Packet Pg. 128 0.6.a The town water contractor, CAMO will set up the connection at the hydrant by installing a RPZ and water meter for a 2" water line. Montclair will hire a contractor to run a 2" PE water pipe overland across town property and cross onto Montclair property behind Building 19 (500 if +/-) Option 1: down the western property line behind Building 20, turn northeast behind Buildings 26 and 27, behind the pool and the pool drive to Building 7. Behind Building 7 to Alpine Drive, along Alpine Drive to Well 5. (22001f +/-) Option 2: along the northern property line behind Buildings 11 through 19, then along Alpine Drive. Crossing Alpine Drive at about the access drive to the pool, at the old pavement. Behind Building 7 to Alpine Drive, along Alpine Drive to Well 5. (1900 if +/- involves road crossing) The temporary pipe is to be protected by covering it with clay or clay loam. At Well 5, the temporary pipe will connect to the raw line from Well 5. Well 5 does not have a pump. If the existing raw water pipe can be accessed, the temporary pipe will be connected directly to the raw line. A solenoid valve will be installed on the temporary pipe to shut off when the storage tanks are full. The sensor will be added to the storage system at the treatment building. If the raw water pipe cannot be accessed, the temporary pipe will be discharged into the well and a well pump will be installed in the well. A solenoid valve will be installed on the temporary pipe to shut off when the storage tanks are full. The control will open the valve and turn on the pump when water is needed. The sensor will be added to the storage system at the treatment building Approval from the Wappinger Town Board is required before Montclair can be temporarily connected to the United Water District and run the temporary pipe across town property. The next Town Board meeting is July 13. Attached are sketches andinformation on the proposed emergency connection. TH. General Description and History (Existinz PWS / Water Withdrawal) The Montclair Townhouse Condominiums is an existing multi -building, multi -family complex primarily located on the west side of NYS Rte 9 D at Alpine Drive in the Town of Wappinger, in Dutchess County, New York. The site is approximately 15 miles north of Interstate 84. The townhouse development was constructed in 1968. The complex is served by a private waste water treatment plant and a private potable water treatment system supplied by several wells. The water treatment system is a Community Public Water Supply ID # 1303225. BE BERGER ENGINEERING AND SURVEYING PLLC • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 2 of 4 Packet Pg. 129i 0.6.a The water system serves 1100 people through 296 service connections. Currently six production wells (Well 1, Well. 2, Well 3, Well 4, Well 5 and Well 6) are located on the west side of NYS Rte 9D and three production wells (Well 7, Well 8 and SP 1) located on the east side. The wells have been drilled at various unknown times. The most recent, Well 8, was drilled in 2002 Wells 2, 3, 6 and 7 provide the potable water supply. Well 4 is inactive as it has a high iron content. Wells 1, 5 and 8 are inactive. Wells 1 and 5 produce very little water. Wells 5 and 8 do not have pumps in them. SP-1 is a separate non -potable well that serves the Wastewater Treatment Plant is located next to the WWTP on the east side of Rte 9D. IV. Current Issues with Water Supply On June 17, 2020, the water system operator, JCO, Inc, discovered Wells 6 and 7 were not producing water and Wel1 2 pump may not have been operating properly. One of the booster pumps was not operational. The control system for the air compressor was no longer functional. On June 18 and 19, Mid-Husdon Pump Co, Inc inspected the pump, pipe and wire. They discovered the pump motor had a full short, the wires had bare areas where the insulation had worn. The pipe was clogged with a sulfur bacteria build up. V. Moving Forward • Make immediate repairs to Well 6, the booster pump and the air compression system • Evaluate Well 7 to determine why it is not producing. • Run the temporary pipe from the Water District's hydrant. • Evaluate the entire well water supply and treatment system for necessary repairs and improvements o Possibility of bringing Well 8 on-line o Other possible improvements o Estimate the cost associated with the repairs and improvements. • Evaluate the possibility with connecting permanently to the municipal water supply. o Route for a larger supply line o Approval from the Town Board for permanent inclusion in the water district o Estimate the cost associated with the work and town fees o Compare to the savings of not requiring a water operation and maintenance of the well supply and treatment system. • Compare the options of remaining on well water or permanently connecting to municipal water. o If connecting to the municipal water system is chosen. BE BERCGER ENGINEERING AND SURVEYING PLLC • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 3 of AI Packet Pg. 130 0.6.a • It will take many months for town approval to connect to the water district and for the design and approval of a permanent pipe connection. • The temporary overland pipe is not suitable for freezing conditions. • A workable temporary well or imported water system may be required during the winter months until a new water line would be operational. • The time table to lay the temporary pipe and make the connections will take two weeks after approval is given by the town to start work. The estimated completion date is July 28, 2020. BE BERGER ENGINEERING AND SURVEYING PLL.0 • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 4 of 4 Packet Pg. 13 ',,,pup1111"Ir:1l,'91i Packe 4)1010 Pg. 132 2" PE WATER PIPE TEMPORARY PIPE DETAIL NOT TO SCALE I I I } / 11! 1 i 1/ llr,h Illffll l f 15 I 11 I e `\\\ $ --- yam,= - . -bAN warn MONTC TOWNHOUSES TREXTRE fi o as __EI71aPBC�lr�li __a`• 36 _ ACRES 1 4 I I t hI Ii I I f :A L� `R TAX PARCEL 135880-6057-04-804420-0000 OWNER; ToMr 01 WAPPMGEA 20 M1DDlEB05H R0 WAPPINGERS FALLS NY 12590 Sip ippOg/41.at 0'fT 4°14 CLA1R •RK TO oute 9D 0 6.a D RK TO OWN) Packet Pg. Att G G E 0.6.a MARCUS J. MOLINARO COUNTY ExECU 'ME COUNTY OF DUTCHESS DEPARTMENT OF BEHAVIORAL AND COMMUNITY HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES July 7, 2020 Yvette Perez Town and Country Property Management 3 Neptune Rd., A19 A Poughkeepsie, NY 12601 Re:. Montclair Condominiums Federal ID# 1303225 Town of Wappinger Dear Ms. Perez:. A.K. VAIDIAN, MD, MPH COMMISSIONER This office is in receipt of the short-term proposal provided by your engineering firm Berger Engineering and Surveying to address the source capacity violation at Montclair Condominiums. Please be advised that this office has no objection to the short-term proposal of fixing the pump in well 6 and making an emergency connection to the Town system through a hydrant within the Tall Trees Development. This office also has no objection to the work being performed prior to the date of July 28, 2020, As a reminder, this office has required that a timetable of compliance by provided to this office no later than July 31, 2020 which outlines a Tong -term solution to the source capacity violation and proposed completion dates for plan submission and construction certification. Yours very truly, Daniel J. Keeler, P.E.. Senior Public Health Engineer Environmental Health Services cc: File (1303225, 109690) Joseph P. Berger, P.E., ..S. Christopher Finnegan, JCO Town of Wappinger Building Department J U L 0 7 2020 ` nWN OF WAPPINGF` --� .rn , re",c r-- 1223. Main Street, Beacon, New York 12508 • (845) 838-4801 • Fax {845) 838-4824 ��/J80131 County House Road, Millbrook, New York 12545 • (845) 677-4001 • Fax (845) 677-4008 95 Civlc Center Plaza -Suite 106, Poughkeepsie, New York 12601 • (845) 486-3404 • Fax (845) 486-3545 • TTY (845) 486-3417 HeaithInfo@DutchessNY.gov DutchessNY.gov/DBCH Attachment: 2020-07 Packet Pg. 134; MAY 2020 REALTY TAX REPORT 10.6,a A 8 D E F 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECEIVER OF TAXES BEGIN. BANK BAL. Receipts/Deposits Interest Bank Error Other Total Less Disbursements/Adjustments Checks Paid Returned Checks Bank Error Misc. ENDING BANK BAL. Less Pending Checks ENDING BOOK BAL. 679,270.93 335,556.67 25.46 ,014,853.06 (815,066.16) 199,786.90 (50,272.97) 149,513.93 ee Anne Freno, Receiver of Taxes "TO JUL 0 9 nzo N OF WAPPING Packet Pg. 135 MAY 2020 REALTY TAX RECEIPTS 0.6.a A 8 C D E F G H I J 1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE QVR/DUP INTEREST RETURNED 2 3 RECEIVED NO. FEE FEE PAYMENT CHECK FEE $ 2,177.78 4 5/1/2020 $ 111,951.42 95 $ 109,692.54 $ 61.10 $ 20,00 5 6 5/1/2020 5/5/2020 $ 10.00 $ 46,664,27 $ 10.00 96 $ 45,749.28 $ 914.99 7 5/7/2020 $ 424,63 a 424,63 8 5/12/2020 $ 24,232.18 97 $ 23,756.74 $ 475.44 9 5/12/2020 $ 9,852.31 98 $ 9,659,11 $ 193.20 10 5/19/2020 $ 36,330.95 99 100 $ 35,572.29 $ 711,46 $ 47.20 11 5/19/2020 5/19/2020 $ 1,408.57 $ 1,380.95 $ 27.62 12 $ 10,901.03 101 $ 10,687.30 $ 213.73 13 5/25/2020 $ 16,471,14 $ 77,310.17 102 $ 16,144,26 $ 322.88 $ 4,00 14 5/28/2020 103 $ 75,784,67 $ 1,517.90 $ 7.60 15 5/31/2020 TOTALS $ 25.46 $ 335,582.13 16 $ 328,427.14 $ 6,555.00 $ 10.00 $ 4,00 $ 540.53 $ 25.46 $ 20,00 17 18 *see July report Packet Pg. 136 MAY 202Q REALTY TAX QISBVRSEMENTS 0.6.a A B C D E F G H I 1 2 3 . DATE AMOUNT DCCF SUPERVISOR OVR/DUP CHECK CLEARED/ DISBURSED PAYMENT NO, PENDING 4 5 5/18/2020 $ 6,112.90 $ 6,112.90 penalty 1853 C 6 5/18/2020 $ 60,00 $ 60.00 returned check fees 1854 C 7 5/18/2020 $ 3,434.89 $ 3,434.89 bank interest 1855 C 8 5/18/2020 $ 44,711.46 $ 44,711.46 C.L. 1856 P 9 5/18/202Q $ 26.34 $ 26.34 bill #1857 1857 P 10 5/18/202Q $ 1,627.00 $ 1,627.00 $ 2,688.27 $ 23.60 $ 1,371.93 bill #2261 1858 P 11 bill #3855 P 12 5/18/2020 $ 2,688.27 bill #2498 bill #3486 bill #3946 1859 P 13 5/18/2020 $ 23.60 1860 P 14 5/18/2020 $ 1,371.93 1861 C 15 5/18/2020 $ 1,158.80 $ 1,158.8Q bill #6147 1862 P 16 f bill #8264 P 17 5/18/2020 $ 847.19 $ 847.19 bill #8622 1863 C 18 5/18/2020 void 1864 19 5/18/202Q $ 37.50 $ 37.50 bill #9440 1865 P 20 5/18/2020 $ 803,239.25 $ 803,239.25 1866 C 21 TOTAL $ 865,339.13 $ 803,239.25 $ 9,607.79 $ 52,492.09 Packet Pg. 137 JUNEIOZQ REALTY TAX REPORT �10.6.a� A B { D � Z RECE8VEROFT4XE3 4 S 6 7 8 g 10 11 12 14 15 16 17 18 19 Z8 �~ 21 22 B 24 25 26 27 28 BEGIN. BANK BAL. interest Bank Error other Total TmtaU Less Disbursements/Adjustments Checks Paid Returned ChecksBank Error ENDING BANK BAL. Less Pending Checks Online paymentsfunded fromh 119 ENDING BOOK BALANCE 199,786.90 615,047.23 22.78 / Subn1h1 by: , Lee Anne Freno, Receiver of Taxes �� " |N 0 9,2020 q@ OF WbAPPTNGF_ Packet Pg. 138 JUNE 2020 REALTY TAX RECEIPTS 0.6.a A 8 C 4 E F G H I J 1 2 DATE AMOUNT BATCH TAX PENALTY MEMO FEE A NOTICE FEE OVR/DUP INTEREST RETURNEE RECEIVED NO. PAYMENT CHECK FEE 3 4 6/1/2020 $ 142,147,64 104 $ 139,254.95 $ 2,837,11 $ 55.58 $ 12,16 5 6/3/2020 $ 108,010,96 105 106 $ 105,850.98 $ 2,147.82 6 6/3/2020 $ 21,642.73 $ 21,218.32 $ 424.41 7 6/5/2020 $ 10,216.60 107 $ 10,016,27 $ 200.33 8 6/5/2020 $ 32,295,62 108 $ 31,458,52 $ 827,10 Internet $ 10,00 9 6/5/2020 $ 10,284,52 109 $ 9,888.96 $ 395.56 10 6/5/2020 $ 5.00 $ 5.00 11 6/12/2020 $ 77,310.64 110 $ 75,081.80 $ 2,228.84 12 13 14 15 6/12/2020 $ 15,256.54 111 $ 13,927.25 $ 557.09 Internet $ 8.00 $ 764.20 6/16/2020 $ 23,877.92 112 $ 23,008.28 $ 869.64 $ 2.00 $ 2,00 $ 4,00 $ 2.00 $ 22,00 6/19/2020 $ 11,202.18 113 $ 10,769.40 $ 430.78 6/22/2020 $ 93,251.85 114 $ 89,663.32 $ 3,586,53 16 6/24/2020 $ 6,621.85 105 $ 6,490,15 $ 131,80 $ 143.65 $ 448.34 $ 1,078.16 17 6/24/2020 $ 3,738.95 116 $ 3,591,20 18 6/25/2020 $ 11,658.97 117 $ 11,208,63 19 6/29/2020 $ 28,053.46 120 $ 26,953,30 20 6/30/2020 $ 4,806.65 121 $ 4,621,78 $ 184,87 21 6/30/2020 $ 22.78 $ 22.78 22 TOTAL $ 600,404.86 $ 583,003,11 $ 16,492.03 $ 5,00 $ 50.00 $ 831.94 $ 22.78 23 24 6/8/2020 $ (6,621.95) 105 $ (6,490.15} $ (131.80) 25 6/23/202� $ (442,23) 112 $ (425.22) $ (17,01) 26 TOTAL ! $ 593,340,68 $ 576,087.74 $ 16,343.22 $ 5,00 $ 50.00 $ 831.94 $ 22.78 27 28 6/24/2020 115 $ 766,419,62 '"corporate taxes paid to DCCF Packet Pg. 139i JUNEJU20REALTY TAX DISBURSEMENTS A B C D E F G H 1 --------�-------�... z DATE AMOUNT DCCF SUPERVISOR CHECK NO. ..... —..... --- | Packet Pg. 140 .a:' BERGER ENGINEERING AND SURVEYING 100 Fulton Avenue Poughkeepsie, New York 12603 Engineering Services: (845) 471-7383 GIS Services: (845) 392-7180 www.BergerEngr.com MONTCLAIR TOWN HOUSES Alpine Drive Town of Wappinger, Dutchess County, New York TEMPORARY WATER SUPPLY PWS # 1303225 July 2, 2020 Rev July 6, 2020 This report is in response to a request by Daniel Keeler, P.E. from DC EHS at a site meeting on June 30, 2020. The meeting was to discuss the water supply situation. Situation There are issues with the water supply system. Currently the well system cannot supply enough water for the demand. Water is being truck in to provide adequate potable water. Water use restriction notices have sent to all of the residents. There are various issues with the well system equipment that cannot be immediately resolved. II. Immediate Steps Proposed is an emergency water solution through a temporary connection to the Town of Wappinger United Water District system. This connection would provide enough water to reduce or eliminate the need to truck in water while a repairs or a permanent connection can be completed. The temporary connection would be a connection to an existing hydrant on Amherst Lane which serves the subdivision to the west of the Montclair development. Extend a temporary water pipe overland through town property to Well #5 on the Montclair property. From Well #5 the town water will use the existing Well #5 raw pipe to carry water to the existing treatment plant and storage tanks. The pressure in the Montclair system is probably higher than the town system. Therefore, the temporary water pipe cannot be connected directly into the Montclair water distribution system. BE BERGER ENGINEERING AND SURVEYING PLLC • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 1 of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection -Montclair Condo Packet Pg. 4 .a:' The town water contractor, CAMO will set up the connection at the hydrant by installing a RPZ and water meter for a 2" water line. Montclair will hire a contractor to run a 2" PE water pipe overland across town property and cross onto Montclair property behind Building 19 (500 If +/-) Option 1: down the western property line behind Building 20, turn northeast behind Buildings 26 and 27, behind the pool and the pool drive to Building 7. Behind Building 7 to Alpine Drive, along Alpine Drive to Well 5. (2200 If +/-) Option 2: along the northern property line behind Buildings 11 through 19, then along Alpine Drive. Crossing Alpine Drive at about the access drive to the pool, at the old pavement. Behind Building 7 to Alpine Drive, along Alpine Drive to Well 5. (1900 If +/- involves road crossing) The temporary pipe is to be protected by covering it with clay or clay loam. At Well 5, the temporary pipe will connect to the raw line from Well 5. Well 5 does not have a pump. If the existing raw water pipe can be accessed, the temporary pipe will be connected directly to the raw line. A solenoid valve will be installed on the temporary pipe to shut off when the storage tanks are full. The sensor will be added to the storage system at the treatment building. If the raw water pipe cannot be accessed, the temporary pipe will be discharged into the well and a well pump will be installed in the well. A solenoid valve will be installed on the temporary pipe to shut off when the storage tanks are full. The control will open the valve and turn on the pump when water is needed. The sensor will be added to the storage system at the treatment building Approval from the Wappinger Town Board is required before Montclair can be temporarily connected to the United Water District and run the temporary pipe across town property. The next Town Board meeting is July 13. Attached are sketches and information on the proposed emergency connection. III. General Description and History (Existing PWS / Water Withdrawal) The Montclair Townhouse Condominiums is an existing multi -building, multi -family complex primarily located on the west side of NYS Rte 9 D at Alpine Drive in the Town of Wappinger, in Dutchess County, New York. The site is approximately 15 miles north of Interstate 84. The townhouse development was constructed in 1968. The complex is served by a private waste water treatment plant and a private potable water treatment system supplied by several wells. The water treatment system is a Community Public Water Supply ID # 1303225. BE BERGER ENGINEERING AND SURVEYING PLLC • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 2 of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection -Montclair Condo Packet Pg. 42 .a:' The water system serves 1100 people through 296 service connections. Currently six production wells (Well 1, Well 2, Well 3, Well 4, Well 5 and Well 6) are located on the west side of NYS Rte 9D and three production wells (Well 7, Well 8 and SP1) located on the east side. The wells have been drilled at various unknown times. The most recent, Well 8, was drilled in 2002 Wells 2, 3, 6 and 7 provide the potable water supply. Well 4 is inactive as it has a high iron content. Wells 1, 5 and 8 are inactive. Wells 1 and 5 produce very little water. Wells 5 and 8 do not have pumps in them. SP-1 is a separate non -potable well that serves the Wastewater Treatment Plant is located next to the WWTP on the east side of Rte 9D. IV. Current Issues with Water Supply On June 17, 2020, the water system operator, JCO, Inc, discovered Wells 6 and 7 were not producing water and Well 2 pump may not have been operating properly. One of the booster pumps was not operational. The control system for the air compressor was no longer functional. On June 18 and 19, Mid-Husdon Pump Co, Inc inspected the pump, pipe and wire. They discovered the pump motor had a full short, the wires had bare areas where the insulation had worn. The pipe was clogged with a sulfur bacteria build up. V. Moving Forward • Make immediate repairs to Well 6, the booster pump and the air compression system • Evaluate Well 7 to determine why it is not producing. • Run the temporary pipe from the Water District's hydrant. • Evaluate the entire well water supply and treatment system for necessary repairs and improvements o Possibility of bringing Well 8 on-line o Other possible improvements o Estimate the cost associated with the repairs and improvements. • Evaluate the possibility with connecting permanently to the municipal water supply. o Route for a larger supply line o Approval from the Town Board for permanent inclusion in the water district o Estimate the cost associated with the work and town fees o Compare to the savings of not requiring a water operation and maintenance of the well supply and treatment system. • Compare the options of remaining on well water or permanently connecting to municipal water. o If connecting to the municipal water system is chosen. BE BERGER ENGINEERING AND SURVEYING PLLC • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 3 of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection -Montclair Condo Packet Pg. 4 .a:' • It will take many months for town approval to connect to the water district and for the design and approval of a permanent pipe connection. • The temporary overland pipe is not suitable for freezing conditions. • A workable temporary well or imported water system may be required during the winter months until a new water line would be operational. • The time table to lay the temporary pipe and make the connections will take two weeks after approval is given by the town to start work. The estimated completion date is July 28, 2020. BE BERGER ENGINEERING AND SURVEYING PLLC • 100 Fulton Avenue • Poughkeepsie, NY 12603 Page 4 of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection -Montclair Condo Packet Pg. 44. 0,1,1,11111111 „,1„Ell11111,111111111101uuluoll11111111,111,1111111vid,,iiii,i "•19‘''"' WHI11111111111111111111111111111V1?Ilu, 11'11,111111, ',HI, 111,o 1,',,,,,,ja1h11111111111111111111111111.111 Jelem Aoue6Jaw3 Amodwai 6u!zpo Z£1.-0Z0Z-S3N) 90LOOZOZ-Jelem-dwai-i!e ',11,0,,,1,1'11,111111,1,11,11 H11 0 .1 11111, vool111,1 1111„ oluovi :luau] oenv uz!,,J co fr. 0 o 0 0 0 CO 0 < CO E 0 Ili 11.1J <r: (,) ib_II . 4.) 0 4: EL 4: 10„Ilivolill111111111110111011,:, 111,11111111volool I l000pioni1111111111111 111111111111111 LJLJ 0,1,11;811 litill;';111Y .1*".'' '11111' 04y#11 „,1 ii olo 11', \ ? $ )10 0 lii ko,11„,1 ''''1,'\'''''.,\''''Ill'n,i''',,l'I'l'Ill'ulf,',11,111"'I'l'il''''''''',I''''''''I''''''''Illtli'll'i,111',1'?':'',',01 ill,1114i r111,1„,,i, 0 ,,, ill, i t;iiill 111I1I1IIIIIIIII1IHoloolovill4'k, , 1111111 01444 oil000llill 1 114 ms Subject To Future Tenancy) Condomin Attachment: Mo ERGER ENGINEERING AND SURVEYING IOU TON AV, MONTCLAIR TOWNHOUSES Alpine Drive Town or w000kolor County of outcness State of New York TEMPORARY WATER SUPPLY WATER PIPE PATH OPTIONS SKETCH 07/02. 1 of1 �13.1.b� Supervisor Richard Thurston and Town Board Town ofVVappinger Town Hall ZOK4idd|ebushRoad Wappingers Falls, NY1259n Hand drop off and email Re Montclair Condominiums (aka Montclair Townhouses) Alpine Drive 135689'6057'10'000000 Temporary Water Connection to United Wappinger Water District Dear Supervisor Thurston and Town Board Members: Enclosed bapetition and documents for arequest bythe Montclair [onduminiums(Kxontc|air) to have a temporary water connection to the United Wappinger Water District. |wmu|d appreciate it ifyou would place this matter for consideration unyour July l3'Z0ZOagenda. Montclair isimmediately adjacent tothe district. m1ontz|ai/swater supply isfrom on -site wells. The wells, currently, are not producing anadequate amount ufwater required bythe residents. The residents have been put on notice of water restrictions. Water is being trucked in. Montclair would like totemporarily connect toa United Water hydrant unAmherst Lane. The town owns the property between the hydrant and the Montclair boundary. The temporary connection would provide the additional water to eliminate or reduce the volume of water trucked in while repairs tothe wells can be performed and other options are explored. Montclair has met with Mike TremperofCAMOand John Laz rnny, p[of[PLtndiscuss a temporary connection tuthe hydrant. Mr. Tremperstated, ifthe town board approves, aZ^ water line could be connected to the hydrant and go overland through the town property to Montclair. The connection at the hydrant would beperformed bythe Water District and the remainder of the work by Montclair. The small water line would restrict the volume consumed by Montclair. The connection would include ameter and backOnwprevention device. Daniel Keeler, P[from outchess County Dept ofCommunity and Behavioral Health was also at the meeting and he agrees with the concept. Enclosed are Petition for the Temporary connection (1original and 7copies) Property Cards for the two town parcels (7copies) Mr. wee|e/sinspection report dated, July Z'au2V(7copies) ms Subject To Future Tenancy) Attachment: temp water connect 7.20 (RES-2020-132 : Authorizing Temporary Emergency Water Connection -Montclair Condo �13.1.b« Temporary Water Supply report, prepared byBerger Engineering July ],ZDZ0 <7copies) Water Pipe Path Options Sketch, prepared byBerger Engineering July 2,3U0 Ifyou have any questions, please contact meat8u5-43Z'ZI7n. ely, erez wmand Country Property Management 3Neptune Drive, Suite 19A Poughkeepsie, NYlZ6O1 Authorized Agent for Montclair Condominiums CC: Mike Tremper,CAMD(emai|) John Larazum\CpL(emai|) Tom Harvey, [PL(emai|) Daniel Keeler, DCo8CM(emai|) Sandra Vacchio, Secretary tnthe Supervisor (emaU) Joseph Pan|oniWappingerTown Clerk (emai|) Joseph Berger, Berger Engineering (emaiV and Surveying, PLLC, dated ms Subject To Future Tenancy) Attachment: temp water connect 7.20 (RES-2020-132 : Authorizing Temporary Emergency Water Connection -Montclair Condo Packet Pg. 148 13.1.b STATE OF NEW YORK COUNTY OF DUTCHESS: TOWN OF WAPPINGER In the Matter of the Petition of Montclair Condominiums (aka Montclair Townhouses) TO TEMPORARILY EXTEND WATER FROM THE UNITED WAPPINGER WATER DISTRICT TO MONTCLAIR CONDOMINIUMS TO THE TOWN BOARD OF THE TOWN OF WAPPINGER Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 We, the undersigned owners of taxable real property according to the latest completed assessment roll of the Town, hereby petition as follows: 1. The Town Board to authorize a temporary water line connection to the United Wappinger Water District hydrant on Amherst Lane for the benefit of the residents of the Montclair Condominiums, Alpine Drive SBL# 135689-6057-16-000000. 2. The Town Board to authorize a temporary water line to cross over property owned by the Town of Wappinger from the hydrant on Amherst Lane to the common property line with Montclair Condominiums. The property owned by the town being two lots with Parcel Grid Identification It 135689-6057-04-815420-0000 and 135689- 6057-04-802420-0000. 3. The wells at Montclair Condominiums are not providing adequate water. The wells need to be rehabilitated. The temporary water will provide the additional water required by the residents while the existing wells are being refurbished. WHEREFORE, the undersigned Petitioners respectfully request that the Town Board of the Town of Wappinger establish a temporary water extension from the United Wappinger Water District hereinabove proposed and described. Dated: C)."\11—ee0JeNew York 'J01 H (2 r , 2020 STATE OF NEW YORK COUNTY OF DUTCHESS ) ) SS: ) Montclair C By: n and C' try Property Management Neptune ! ve, Suite 19A Poughkeepsie, NY 12601 Authorized Agent for Montclair Condominiums On the day of July 2020, before me, the undersigned, personally appeared Yvette Perez, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executes the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which eh individual acted, executed the instrument. VALERIE MARIE FAIRHURST NOTARY PUBUC, STATE OF NEW YORK Rcgislrriuo Nu.01FA62i3?55 Qualified in Duuix %County Commission Expires Dec. 27, 20 o2a Notary Public ms Subject To Future Tenancy) Authorizing Temporary Emergency Water Connection -Montclair Condo Attachment: temp water connect 7.20 (RES-2020-132 Packet Pg. 149