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Montfort Road Recreation LandRESOLUTION At a Special Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, -Wappingers Falls, New York, on the 1Xh day of June, 1993, at 7:00 p.m. The meeting was called to order by Supervisor Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor Councilperson ABSENT: Constance O. Smith Robert L. Valdati June A. Visconti Robert P. Wallace, Jr. James Mills, Jr. The following Resolution was moved by Councilperson June A. Visconti and seconded by Councilperson Robert P. Wallace, Jr. WHEREAS, the Town of Wappinger owns property located on Montfort Road, Town of Wappinger, upon which it maintains a Town Park/Recreation Center; and WHEREAS, the aforementioned property is adjacent to property owned by Joseph H. and Evelyn Fulton, hereinafter referred to as "Fulton"; and WHEREAS, the Town Recreation Department has requested that the Town acquire from Fulton additional land so as to provide better access to the rear portions of a barn located on the Town property; and WHEREAS, Joseph H. and Evelyn Fulton have agreed to exchange 1 equal parcels of land as depicted on a certain map prepared by Paggi and Martin dated November 1987, last revised February 5, 1987; and WHEREAS, the Town Board, by Resolution dated July 27, 1992 has authorized the Supervisor to enter into a contract for the exchange of parcels as depicted on the map prepared by Paggi and Martin and to request the necessary enabling legislation from the New York State Legislature to permit the transfer of the parcel to Fulton in exchange for an equal parcel of land to be conveyed by Fulton to the Town; and WHEREAS, the Town has entered into a written contract with Fulton for the exchange of parcels as above indicated; and WHEREAS, Albert P.. Roberts, attorney to the Town, has heretofore forwarded copies of the short form EAF, a Resolution dated July 27, 1992, a copy of the contract between the Town and Mr. and Mrs. Fulton with legal descriptions attached, and a copy of the survey map to the Honorable Stephen M. Saland, New York State Senator, and the Honorable Eileen Hickey, New York State Assemblywoman, requesting that the Senator and the Assemblywoman introduce appropriate legislation to authorize the transfer of parcels between the Town and Mr. and Mrs. Fulton as above indicated; and WHEREAS, it is necessary that the Town Board formally request the New York State Legislature to introduce the appropriate legislation necessary to authorize the transfer of parcels as above indicated. 2 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby determines that the intended action, i.e. the transfer of .043 acre parcel of land from the Montfort Road Park/Recreation site to an adjacent landowner, Joseph H. Fulton, Jr. and Evelyn Fulton, in exchange for an equal parcel of land to be conveyed from Mr. and Mrs. Fulton to the Town, is both an unlisted action pursuant to Article 8 ECL and the related Title 6 Part 617 NYCRR and Town of Wappinger Local Law #6 of 1992, and an action for which there are no other involved agencies. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6 Part 617 NYCRR. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town Clerk to provide for the filing and distribution of same as provided by law. 6. The Town Board of the Town of Wappinger hereby requests 9 that the New York State Legislature, authorize, by special legislation, the Town of Wappinger to transfer .043 acres of land located from the Montfort Road Park/Recreation site to Joseph H. Fulton, Jr. and Evelyn Fulton, in exchange for a .043 acre parcel of land to be conveyed from Joseph H. Fulton, Jr. and Evelyn Fulton to the Town, said parcels of land more particularly described and set forth in a certain survey map prepared by Paggi and Martin, engineers and surveyors dated November 1987, last revised February 5, 1992. 7. The Town Board of the Town of Wappinger, hereby approves and ratifies the previous request made by Albert P. Roberts to Senator Stephen M. Saland and Assemblywoman Eileen Hickey to introduce a bill for the appropriate legislation to permit the above referenced transfer. 8. Constance O. Smith, Town Supervisor, Paggi and Martin, engineers to the Town, and Albert P. Roberts, attorney to the Town, are hereby directed to undertake any further action necessary to obtain the appropriate legislation from the New York State Legislature to authorize the transfer of lands as above indicated. 9. Upon adoption of the appropriate legislation, or in the even counsel to the New York State Legislation determines that no special legislation is required for the above transfer, Supervisor Constance O. Smith is hereby authorized and directed to execute a deed in proper statutory form transferring the above referenced property to Joseph H. Fulton, Jr. and Evelyn Fulton in accordance with the contract dated February 19, 1993. 4 The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance O. Smith voting Aye Robert L. Valdati voting Absent June A. Visconti voting Ave Robert P. Wallace, Jr. voting _ Aye James Mills, Jr. voting Absent The Resolution was thereupon declared fully adopted. DATED: June * 1993. ELAINE SNOWDEN, TOWN CLERK TOWN OF WAPPINGER 5 14.16-4 (2187)—Text 12 PROJECT I.D. NUMBER • i 617.21 SEOR ` Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSOR 2. PROJECT NAME WAPPINGER RECREATION TOWN OF WAPPINGER, NEW YORK MAINTENANCE CENTER MONTFORT RD. BARN 3. PROJECT LOCATION: Municipality TOWN OF WAPPINGER County DUTCHESS ' 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) MONTFORT ROAD OPPOSITE INTERSECTION WITH PYE LANE 5, IS PROPOSED ACTION: yy� ❑ New 11 Expansion "ClModificatIonlaHerat!on Ea. DESCRIBE PROJECT BRIEFLY: LAND SWAP WITH ADJACENT RESIDENTIAL LANDOWNER, EXCHANGING EQUAL PARCELS OF LAND CONTAINING .043 ACRES EACH; THE LAND SWAP WILL PROVIDE BETTER ACCESS`"TO A BARN UTILIZED FOR STORAGE OF RECREATIONAL EQUIPMENT FOR THE TOWN RECREATION DEPARTMENT. THE PROPERTY WAS DEDICATED TO THE TOWN -IN 1972 WITH THE BARN HAVING BEEN PREVIOUSLY CONSTRUCTED. 7, AMOUNT OF L9Np3AFFECTED: 043 UU44 Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑ No If No, describe briefly 9. WHAT IS PRESENT LAND, USE IN VICINITY OF PROJECT? Si Residential ❑ Industrial ❑ Commercial ❑ Agriculture LI ParklForestlOpen space ❑ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ?Nes ❑ No It yes, list agency(s) and permitrapprovafs NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION; NEW YORK STATE LEGISLATURE 11, DOES ANY ASPECT OF THE ACTIO.'. HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes fX No U yes, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE. MODIFICATION? ❑ Yes No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE TOWN OF WAPPINGER 5/11/93 Applicantlsponsor, name: Date: Signature: UPERVIESOR If the action: is in the Coastal Aeea, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II—ENVIKUNAnl*IVIHL HJJLJJIYiLIVI t+u uv A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. 1:1 yes Mo a. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another Involved agency. 1:1Yes =0 C. COULD ACTION RESULT 1N ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, 11 legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NO , F C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NO W. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NO C4. A community's existing plans or goals as officially adopted, ora change in use or Intensity of use of land or other natural resources? Explain briefly NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. NO C6. Long term, short term, cumulative, or other effects not Identified in C1-05? Explain briefly. NO C7. Other Impacts (including changes In use of either quantity or type of energy)? Explain briefly. NO D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 13 Yes IFXNo It Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant.. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring: (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. YJ2 Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: TOWN OF WAPPI�NGER. 'CONSTANCE O. SMITH SUPERVISOR not or Type name or Responslbie ificer In Lead Agency Title Signature or ResponsiblOc Officer in Lead Agency Signature or are 2 DEED—F.Covenant with Lien Covenant TUTBLANX ... ­.. S FORM 5SIX 11 of 1917, Chap. 681, Chap. 627, Lows of 19321 TuNeLaw Print Publishers AlailanoiVI Nineteen Hundred aiid Seventy-two. HeLween I/ DONALDMcGRATH residing at Route 35, Whitehall Corners, Katonak, Now part y of the first part, and TOWN OF WAPPINGER a municipal corporation located in the County of D�i�ss_,`_,§`tate of New York, with its office at Mill Street, Wappingers Falls, New York, part Y of the second part, Witnesseth that the party of the first part, in consideration of ------------------ 0 N E ------------------------ Dollar ($ 1. ao lawful tnoney of the United States,--m---®_a_-ACTUAL CONSIDERATION -__e______ paid ION---------- paid by the party of the second part, do hereby brant and release Unto the party of the second part, its successors and assigns forever, all that certain parcel of land, situate in the Town of WaWDzg;r County of Dutchess, and the State of New York, bounded and described as follows: Containing 5.992 Acres of land be the same more or less. Subject to the rights of public utilities of record. Being a portion of the same premises conveyed to Donald McGrath by Howard Prager by deed dated October 6th, 1972, and recorded in the Dutchess County Clerk's office. Together with the appurt extan,ces and all the esIate and rights of the party of I hefirst part in, and to said premises, To have and to ahold the premises herein granted unto the part y of the second part, its successors and assigns forever. And said Party of the first part covenants as follows: First, That said Party of the first part seized of wird, prerrr,ises irt, fee sinx-prle, aril has good richt; to con.r°ey the sante; Second, That the party of the second part shall quietly enjoy the said premises: Third, That the said premises are free from ineuntbran<es; Fourth, That the party of the first part will execute or procure arta farther necessary assurance of the title to said premises; Fifth, That said Party of the first pert will forever Warrant the title to ,,rid prerrtises. Sixth, That, in, Gompli;aace with. See. 13 of the Lien Law. the _grantor ?(,,ill receive the consideration; for this conveyance and will hold the ridht to receive such consideration, as a trust fund to be applied first for the purpose of payin© the cost of the improvement and will apply the same forst to the payment of the cost of the improvement before using any part of the total of the carre�< for arx.rj ntherl>urpose. In Witness Whereof, the party of the first part,; has hereunto set his hand and seal the day and year first above wr° tten. -49 ..'lil7P5�ttdP' �1 r, "DONALD McG � TH' State of New �®rIls l that this day of county o � �� r°_ J A7neteen Hundred and Seventy-two. before me. trite subscriber, personally appeared DONALD McGRATHf to me personally kitown and known to me to be the same person described in and who executed the within Tnstrum,ent, and he duly acknowledged to me that he executed the same. '.N.. 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