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2021-12-13 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5772 Monday, December 13, 2021 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present 7:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Richard Thurston, Supervisor SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of November 15, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Hearings 1. Opting Out of Licensing and Establishing Cannabis Retail Dispensaries within the Town of COMMENTS - Current Meeting: Dorris Elistino, a Community Prevention educator at the council on addiction prevention. She presented facts from other States and Municipalities that have opted in. Town of Wappinger Page 1 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 13 to 17 year olds living close to a dispensary who are exposed to marijuana advertising are more likely to report their intent of using marijuana. Home prices within less than a half a mile radius of the area where dispensaries are, fall by 3 to 4 percent. The opieoid overdose fatalities have increased in Colorado since legalization. She suggested that THC levels have increased over the years from 1-3% in the 1970s to 9.75% in 2009; to 14.9% in 2018; to 18% to 23% currently. The level of auto fatalities has quadrupled since it was legalized in Colorado. Marajuana use by the youth has increased over 600% in the last decade. She can be reached at (845) 765-8301 X104. 2. pted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within 3. Resolution Introducing Local Law No. __ Of 2021 Which Would Amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering And Storage Of Garbage, And Chapter 217, Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters COMMENTS - Current Meeting: Former Supervisor Ruggiero appeared before the board to discuss the complete removal of the open-fire burning restrictions per section 127-7. He pointed out that these provisions were put in place to prevent not only spreading during periods of drought but the regulation of local residents burning the wrong type of refuse that would spread contaminants throughout the area. Barbara Roberti explained that changes were proposed in the redline version that were removed in that same redline version thus creating the confusion. The Supervisor and Ms. Roberti assured Former Supervisor Ruggiero that this local law will NOT change any Town Code relating to open burning Councilman Beale had questions regarding charging stations and alleged requirements by a town to have them and said he plans on tabling this legislation due to the many questions it presents. V. Resolutions Adopting Neg Decs and Local Laws RESOLUTION: 2021-152 Resolution Adopting Negative Declaration For Proposed Local Law Pursuant To Cannabis Law §131 Opting Out Of Licensing And Establishing Cannabis Retail Dispensaries Within The Town Of Wappinger Outside Of Any Village WHEREAS, the Town Board is considering the adoption of a Local Law PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING CANNABIS RETAIL DISPENSARIES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and Town of Wappinger Page 2 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Law PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING CANNABIS RETAIL DISPENSARIES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-152 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-153 Resolution Adopting Local Law No. ___ of the Year Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries Premises within consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on December 13, 2021 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 Town of Wappinger Page 3 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration herewith; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; 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, that the Town Board of the Town of Wappinger hereby Out of Licensing and Establishing Cannabis Retail Dispensaries Premises within the Town of Resolution; and BE IT FURTHER RESOLVED, that, within 10 days the Town Clerk shall publish a copy of the Notice of Adoption of the Local Law that indicates that the Local Law is subject to permissive referendum pursuant section 24 of the Municipal Home Rule Law in the official newspaper of the Town, post a copy of the Notice pursuant to Section 30(6) of the Town Law and cause such Notice of Adoption to be published on the Town website; and BE IT FURTHER RESOLVED that, upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk shall file a certified copy of this order with the Secretary of State; and RESOLVED that upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk is directed to file the required opt out form with Office of Cannabis Management. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-153 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-154 Resolution Adopting Negative Declaration For Proposed Local Law Pursuant To Cannabis Law §131 Opting Out Of Licensing And Establishing On-Site Cannabis Consumption Premises Within The Town Of Wappinger Outside Of Any Village WHEREAS, the Town Board is considering the adoption of a Local Law PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING ON-SITE CANNABIS CONSUMPTION PREMISES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE; and Town of Wappinger Page 4 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Law entitled PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING ON-SITE CANNABIS CONSUMPTION PREMISES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-154 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-155 Resolution Adopting Local Law No Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing On-Site WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within the Town of Wappinger outside of Town of Wappinger Page 5 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on December 13, 2021 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration herewith; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; 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, that the Town Board of the Town of Wappinger hereby Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within the Town of and made a part of this Resolution; and BE IT FURTHER RESOLVED, that, within 10 days the Town Clerk shall publish a copy of the Notice of Adoption of the Local Law that indicates that the Local Law is subject to permissive referendum pursuant section 24 of the Municipal Home Rule Law in the official newspaper of pursuant to Section 30(6) of the Town Law and cause such Notice of Adoption to be published on the Town website; and BE IT FURTHER RESOLVED that, upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk shall file a certified copy of this order with the Secretary of State; and RESOLVED that upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk is directed to file the required opt out form with Office of Cannabis Management. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-155 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-156 Resolution Adopting Local Law No. __ Of 2021 Which Would Amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering And Storage Of Garbage, And Chapter 217, Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters Town of Wappinger Page 6 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Town Board is considering the adoption of Local Law No. __ of 2021 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters (the ; 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 __________, 2021 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 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, 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 ____________, 2021 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, in response to said referral the Town Planning Board responded and stated __________________; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated __________________; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and Town of Wappinger Page 7 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. __ of 2021, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-156 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Angela Bettina Voter Withdrawn Christopher Phillips Voter Next: 9/15/45 12:00 AM Al Casella Seconder Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Tabled. VI. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: Marcy Wagman, of 50 Old Troy Road appeared to oppose Resolution 2021-165. that grants Water Tenancy to Gasland Petroleum. She questioned: 1. Why is it on the Town of East Fishkill Letterhead 2. How the planning board can give a Negative Declaration (i.e. no impact) when the project is under litigation. 3. Why service lines are being run to 119 and 121 New Hamburg Road; and, why they were chosen; why weren't they notified or given any explanation to understand the implications. Town of Wappinger Page 8 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Nicholas Wardwillis from Keene and Bean, the attorneys representing Gasland Petroleum, appeared to answer the Gasland questions. He said, "it is on the East Fishkill letterhead because the Town Board appointed conflict council and that is Mr. Woods office." He added, "The Negative Declaration, while under litigation, it's valid, it's not being disputed, so this board has every right and should rely upon that Negative Declaration that the planning board adopted after a public hearing.and after hearing from proponents and opponents of the project." He explained that running the service lines was something that the planning board asked to offer. The individuals were not approached because there is no agreement with the town yet and it would be appropriate to have that step first before offering it. Christopher Lapne from the Chazen group representing Gasland Petroleum appeard to explain that the service lines are being offered to those properties with lines to the far North of their properties with a valve for a future connection in the event that the town wanted to expand their water district. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VII. Discussions 1. Motion To: Setting January 10, 2022 as the Re-Org Meeting RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Recycle Yard Rules and Fee Schedule The following is a DRAFT for discussion to be reviewed by the attorney. Proposed Recycle Center Rules and Fee. The inclusion of Garbage Tickets as part of the annual permit has reduced town hall traffic during the COVID period and has worked very well. In a continued effort to reduce town hall traffic, the following fee structure will be in place for 2022: Annual Pass for those age 60 and above is $45 Town of Wappinger Page 9 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Annual Pass for those younger than 60 is $65 Single use pass is $25. The annual pass includes: The right to purchase a $15 Alternative Vehicle pass Household Garbage Freon containing items which was a $15 in the past Your single or double axel trailer, which in the past was $25 for a Double Axel and $15 for a Single Axel Electronics are not allowed. Re-enforcement of the Recycle Center rules are as follows: All passes must be affixed to the vehicle or visor; and, all bar codes must be read / scanned. No exceptions . 2 bags of Garbage per visit Contractors are not permitted to use the center for their businesses as businesses are not residents. Landlords living outside the Town are not residents. Each Household is entitled to 2 vehicles both of which are registered under the household address. P.O. boxes are not allowed unless proof of residence is furnished by the owner of the vehicle. Relatives living at different addresses within the town must obtain their own pass. Relatives living at different addresses outside the town cannot obtain a pass. Should a resident with an annual pass need a larger vehicle to haul recyclables, then they will need to purchase an Alternate Vehicle pass for $15. For example, if a resident rents a UHaul or borrows a non- permit Thank You BY ORDER OF THE TOWN BOARD VIII. Resolutions RESOLUTION: 2021-157 Resolution Re-Appointing Board Of Assessment Review Member WHEREAS, Lynn Marie O'Dell, formerly Lynn Myers, was appointed as a Board of Assessment Review Member by Resolution adopted by the Town Board on January 9, 2017 for a five year term, which term expired on September 30, 2021; and WHEREAS, Christian Harkins, Assessor for the Town of Wappinger, has recommended that she be re-appointed as a Member of the Board of Assessment Review for an additional five year term, which will commence immediately will expire on September 30, 2026. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Town of Wappinger Page 10 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 2. Upon the recommendation of Christian Harkins, Assessor for the Town of Wappinger, and after due consideration, the Town Board hereby appoints Lynn Marie O'Dell as a Board of Assessment Review Member for an additional five year term, which term is retroactive to October 1, 2021 and will expire on September 30, 2026. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-157 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-159 Resolution Acknowledging Appointment Of Deputy Town Clerk and Setting the Salary WHEREAS, the Town Clerk is authorized to appoint three Deputy Town Clerks; and WHEREAS, the Honorable Joseph P. Paoloni, Town Clerk of the Town of Wappinger, has elected to appoint Zarin Khan as an additional Deputy Town Clerk. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board acknowledges the appointment of Zarin Khan as Deputy Town Clerk of the Town of Wappinger by Town Clerk Honorable Joseph P. Paoloni. The Town Board hereby establishes the salary of the Deputy Town Clerk at $35,625 or $19.57 per hour as set forth in the adopted 2022 budget for all Deputy Town Clerks, effective January 1, 2022 to be paid in 52 weekly installments. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-159 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 11 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 RESOLUTION: 2021-160 Resolution Adjusting The Salary Of The Cap Assessor WHEREAS, the Towns of Wappinger and Fishkill jointly-appointed an Assessor under a Coordinated Assessing Program; and WHEREAS, for the 2021 Budget, the Towns approved an annual salary of $105,040 which represented a 1% increase over the 2020 salary; and WHEREAS, the Town Board of the Town of Wappinger believes that an increase of the salary of the assessor is appropriate; and WHEREAS, the Town Board of the Town of Fishkill has agreed to the increased salary; NOW, THEREFORE, BE IT RESOLVED, that the annual salary of the CAP Assessor shall be increased to $106,080 which shall be paid from budget line A1355.100 and the salary will not be prorated for the year but will be due for the full year; and BE IT FURTHER RESOLVED that the following budget transfer is authorized to fund the salary for the position: Amount From Line To Line $1,040 A0917 Unallocated Fund Balance A1355.100 CAP Assessor BE IT FURTHER RESOLVED that this resolution shall take place immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-160 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-161 Resolution Accepting Brentwood Drive And Related Easements For Hilltop Village At Wappinger Subdivision Together With Maintenance Agreement Secured By Bond a parcel of real property located on the westerly side of All Angels Hill Road, and WHEREAS, TOLL made application to the Town of Wappinger Planning Board to approve a lage at Town of Wappinger Page 12 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Map 11070B which is subject to an Offer of Cession and Dedication dated August 27, 2013 and recorded in the Office of the Dutchess County Clerk on August 28, 2013 as Document No. 02- 2013- WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by Resolution dated March 18, 2013, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger Subdivision Regulations; and WHEREAS, by letter dated November 19, 2021, the Engineers to the Town have advised that the construction of Brentwood Drive and the related improvements have been completed; and WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, TOLL is required to post a highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $92,491.00, which is 20% of the cost of construction, to be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured but TOLL has been unable to do so; and WHEREAS, the Town Board has determined that is appropriate to accept a cash deposit in the amount of $34,777.60 in lieu of the required maintenance bond; and WHEREAS, TOLL tendered to the Town of Wappinger a deed for the right of way for Brentwood Drive from TOLL LAND V LIMITED PARTNERSHIP together with the associated transfer documents all in recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have recommended that the Town Board accept Brentwood Drive as a town; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept Brentwood Drive as a Town Highway together with the drainage facilities and other public improvements located in the highway right of way, except those specifically excepted by the subdivision plat. 2. The Maintenance Agreement executed by TOLL, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town as required by §214-43. 3. The Town Board hereby accepts Maintenance Bond bearing Bond No. _______ issued by ___________________________________ to the Town of Wappinger in the amount of Ninety-two Thousand Four Hundred Ninety-one & 00/100 ($92,491.00,) as a highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code which shall be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured. 4. This acceptance is expressly conditioned upon TOLL delivering the right of way and the public improvements to the Town free and clear of any liens or encumbrances, and upon payment by TOLL of all outstanding fees and escrow reimbursements due to the Town. 5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents necessary for the recording of the deed and easements from TOLL. 6. The Attorney to the Town is directed to cause the deed and easements to be filed in the property records of the Dutchess County Clerk. 7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the town highway in his files as required by Highway Law §171(1). Town of Wappinger Page 13 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 8. Upon the tender of the Maintenance Bond to the Town Clerk, the Surety Bond in the amount of Two Hundred Fifty-Seven Thousand Three Hundred Thirty Dollars ($257,330.00), as the security to insure that the remaining improvements required for the project will be properly completed that was accepted by the Town Board by Resolution 2016-263 shall be released. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-161 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-162 Resolution Awarding Contract For Annual Maintenance Contract For Rockingham Pond WHEREAS, there is a pond at Rockingham Farms that has undesirable aquatic weeds and vegetation growth; and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC provides monitoring and vegetation control services for waterbodies; and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC has submitted a proposed contract for annual maintenance services for the Rockingham Pond at an annual cost of $4,314.00; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby awards a contract for Annual Maintenance Services for the Rockingham Pond to SOLITUDE LAKE MANAGEMENT, LLC in the amount of $4,314.00. 2. The Town Board hereby authorizes the Supervisor to execute the contract documents after receipt of the necessary insurance certificates from the vendor. 3. The Town Board hereby authorizes the following budget transfer: Amount From Line To Line $ 4,134.00 B0915 Unallocated B Fund B7110.441 Rockingham Pond Balance Maintenance 4. The fully executed copy of the contract shall be provided to the Town Clerk for filing in his records. 5. This is a Type II action for a study regarding the permit. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 14 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Vote Record - Resolution RES-2021-162 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2021-163 Resolution Authorizing Release Of Security Posted In Connection With Route 376 Holdings, Inc. WHEREAS, by Resolution 2020-157, the Town Board previously accepted an Undertaking for Restoration dated September 24, 2020, executed by Route 376 Holdings, Inc., in the sum of Twenty-Five Thousand One Hundred Seventy-Seven Dollars ($25,177), to secure the approval was not granted; and WHEREAS, Route 376 Holdings, Inc. has received site plan approval and has complied with the terms of the Undertaking; now, therefore BE IT RESOLVED, that the Town Board hereby acknowledges that Route 376 Holdings, Inc. has received site plan approval and has complied with the terms of the Undertaking and authorizes the Cash Deposit in the sum of Twenty-Five Thousand One Hundred Seventy-Seven Dollars ($25,177) to be released. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-163 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-164 Resolution Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue And Sanctuary Town of Wappinger Page 15 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, Hudson Valley Animal Rescue and Sanctuary (hereinafter HVARS) maintains a kennel for boarding of dogs and other animals at its office located at 9 Barnes Drive, Poughkeepsie, New York 12603; and WHEREAS, in accordance with Agriculture and markets Law § 115(2), the Town Board wishes to contract with HVARS to provide shelter for dogs seized by the Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with HVARS to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, HVARS has presented to the Town a proposal for providing dog housing control services and the Attorney to the Town has prepared a Dog Control Housing Agreement in acco WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above described. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Dog Control Housing Agreement, in the form annexed hereto, and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a copy of the Agreement to HVARS along with a certified copy of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-164 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-165 Resolution Authorizing Water Tenancy Agreement For Gasland Petroleum Property On Route 9D WHEREAS, Gasland Petroleum owns 1.802 acres of land having an address of 2361 Route 9D, Town of Wappinger Page 16 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Gasland has requested to enter into a tenancy agreement for the supply of water United Wappinger Water District is extended to include their property; and WHEREAS, the connection of the Property was considered as part of the SEQR review for the project and a Negative Declaration was issued by the Town Planning Board; and WHEREAS, the Conflict Attorney to the Town drafted a Water Tenancy Agreement to supply water to the property; and iron pipe along New Hamburg Road that is offer for dedication to the Town at no cost as well as run services to abutting properties that consent at no cost; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Town Board hereby approves the Water Tenancy Agreement with the Owners in the form attached hereto. 2) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk and provided to the Tenant. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-165 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-166 - WHEREAS, the Town Board is considering the petition of a resident at 26 Myers Corners Road to rezone the property from Conservation Commercial District to R-20; and WHEREAS, the property was previously zoned R-20 prior to the adoption of Local Law 4 of 2014 so it is consistent with the surrounding neighborhood; and WHEREAS, the Town Board is considering the adoption of the annexed Local Law to amend the Town Zoning Code to revert the property to R-20 Zoning; and Town of Wappinger Page 17 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is an unlisted action pursuant to 6 NYCRR § 617.4 and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; NOW, THEREFORE, BE IT RESOLVED: 1. REZONING A PROPERTY TO THE R- 2. That the Town Board hereby schedules a Public Hearing on the proposed adoption of THE PURPOSE OF REZONING A PROPERTY TO THE R- at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 10th day of January, 2022, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-166 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-167 Town of Wappinger Page 18 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 WHEREAS, the Zoning Code of the Town of Wappinger has established the Conservation -residential district that permits certain commercial uses in environmentally sensitive areas of the Town; and WHEREAS, general warehousing is permitted in the COP district so the addition of self-storage warehousing is consistent with current uses permitted in the zone; WHEREAS, the Town Board is considering the adoption of a Local Law to amend the Town Zoning Code to permit self-storage warehouses in the COP District; and WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4 and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town Board hereby introduces for adoption proposed Local Law entitled 2. That the Town Board hereby schedules a Public Hearing on the proposed adoption of Road, Wappingers Falls, New York on the 10th day of January, 2022, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 19 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Vote Record - Resolution RES-2021-167 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-170 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-170 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 20 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 IX. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella X. Resolutions Approved After Executive Session RESOLUTION: 2021-169 Resolution Authorizing Transfer Of Funds WHEREAS, the Town Comptroller has reviewed the 2021 Budget and has determined that certain budgetary transfers are needed due to unanticipated expenses; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the transfers requested; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfers to meet the current budgetary needs: Town of Wappinger Page 21 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-169 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2021-158 Resolution Acknowledging Appointment Of Confidential Personal Secretary To The Town Town of Wappinger Page 22 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Supervisor WHEREAS, the Town Supervisor is authorized to appoint a Confidential Personal Secretary; and WHEREAS, Honorable Supervisor Richard L. Thurston has elected to appoint Maria Giannos as his Confidential Personal Secretary; now, therefore BE IT RESOLVED, that the Town Board acknowledges the appointment by Supervisor Richard L. Thurston of Maria Giannos as the Confidential Personal Secretary to the Supervisor; and BE IT FURTHER RESOLVED, that the Town Board hereby confirms the salary of the Confidential Personal Secretary to the Supervisor as set forth in the 2022 adopted budget which salary is to be paid in 52 weekly installments retroactive to and commencing on January 1, 2022. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-158 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-168 Resolution Authorizing Budget Transfer For Confidential Secretary Transition WHEREAS, the incumbent Confidential Secretary to the Supervisor will be leaving the Town and a replacement has been chosen by the Town Supervisor; and WHEREAS, the Town Supervisor has requested that the new Confidential Secretary be given a transition period from December 14, 2021 to December 31, 2021 to become acquainted with the duties of the job; and WHEREAS, the Town Comptroller has reviewed the 2021 Budget and has determined that a budget transfer is required to pay for the new employee during the transition period; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the transfer requested; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfer to pay for the requested new employee: Amount From Line Description To Line Description Town of Wappinger Page 23 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Unallocated Fund Balance $2,700 A0917 A.1220.0101 Secretary to Supervisor The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-168 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-171 Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding The Collective Bargaining Agreement WHEREAS, the Town and the Union are Parties to a Collective Bargaining Agreement 2018 to December 31, 2019; and WHEREAS, the Parties wish to put in place a CBA for a two year term commencing on January 1, 2020 and ending December 31, 2021; and WHEREAS, the Parties have reached tentative agreement to the terms contained in a Memorandum of Agreement, of a CBA for the term of January 1, 2020 through December 31, 2021; and WHEREAS, the Union has agreed to the terms of the MOA; and WHEREAS, the Town Board agrees that the MOA is appropriate and should be approved. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger hereby approves the MOA in the form attached hereto; and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Supervisor to execute the MOA on behalf of the Town and to deliver signed agreements to the Union; and BE IT FURTHER RESOLVED, that the Supervisor is directed to provide a copy of the MOA signed by all the parties to the Town Clerk to maintain in his files with the other contracts with the Union; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-171 Yes/Aye No/Nay Abstain Absent Richard Thurston Adopted Adopted as Amended William H. Beale Defeated Angela Bettina Tabled Withdrawn Christopher Phillips Al Casella Town of Wappinger Page 24 Printed 1/6/2022 Regular Meeting Minutes December 13, 2021 Dated: Wappingers Falls, New York December 13, 2021 The Resolution is hereby duly declared Withdrawn. XI. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 11:10 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 25 Printed 1/6/2022 5.1 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-152 DOC ID: 5702 Resolution Adopting Negative Declaration For Proposed Local Law Pursuant To Cannabis Law §131 Opting Out Of Licensing And Establishing Cannabis Retail Dispensaries Within The Town Of Wappinger Outside Of Any Village WHEREAS, the Town Board is considering the adoption of a Local Law PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING CANNABIS RETAIL DISPENSARIES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Law PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING CANNABIS RETAIL DISPENSARIES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Law. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 2:06 PM by Joseph P. Paoloni Page 1 Packet Pg. 26 5.1.a State Environmental Quality Review Act NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: December 13, 2021 Name of Action: The Adoption of a Local Law entitled PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING CANNABIS RETAIL DISPENSARIES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE. 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 by the Wappinger Town Board pursuant to Cannabis Law §131 opting out of licensing and establishing Cannabis Retail Dispensaries within the Town of Wappinger outside of any village. . 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 Town Code 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 landforms. 3. The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. Attachment: Negative Dec for Retail Dispensary Opt Out (002) (RES-2021-152 : Adopting Negative Declaration For Law Pursuant To Cannabis Packet Pg. 27 5.1.a 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. 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. Attachment: Negative Dec for Retail Dispensary Opt Out (002) (RES-2021-152 : Adopting Negative Declaration For Law Pursuant To Cannabis 2 Packet Pg. 28 5.1.a 19. The Proposed Action will not have a significant adverse environmental impact on the supply of housing in the Town. Conclusion: Based upon this information and the information in the Full Environmental Assessment Form, the Town Board finds that the adoption of the Proposed 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: Joseph P. Paoloni, Town Clerk 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@dec.ny.gov for publication in the Environmental Notice Bulletin. Attachment: Negative Dec for Retail Dispensary Opt Out (002) (RES-2021-152 : Adopting Negative Declaration For Law Pursuant To Cannabis 3 Packet Pg. 29 5.2 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-153 DOC ID: 5701 Resolution Adopting Local Law No. ___ of the Year 2021 §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries Premises within the Town of Wappinger WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries Premises within th WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on December 13, 2021 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration herewith; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; 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, that the Town Board of the Town of Wappinger hereby aw Adopted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries Premises within the Town of Resolution; and BE IT FURTHER RESOLVED, that, within 10 days the Town Clerk shall publish a copy of the Notice of Adoption of the Local Law that indicates that the Local Law is subject to permissive referendum pursuant section 24 of the Municipal Home Rule Law in the official newspaper of pursuant to Section 30(6) of the Town Law and cause such Notice of Adoption to be published on the Town website; and BE IT FURTHER RESOLVED that, upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk shall file a certified copy of this order with the Secretary of State; and RESOLVED that upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk is directed to file the required opt out form with Office of Cannabis Management. Updated: 12/9/2021 1:59 PM by Joseph P. Paoloni Page 1 Packet Pg. 30 5.2 Resolution 2021-153 Meeting of December 13, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 1:59 PM by Joseph P. Paoloni Page 2 Packet Pg. 31 5.2.a (PROPOSED) LOCAL LAW NO. ____ OF 2021 A Local Law Adopted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries within the Town of Wappinger outside of any Village. Be it enacted by the Town Board of the Town of Wappinger as follows: Section 1. Legislative Intent It is the intent of this Local Law to opt the Town of Wappinger out of hosting Cannabis Retail Dispensaries within its boundaries that would otherwise be allowed under the New York State Marijuana Regulation and Taxation Act. Section 2. Authority This Local Law is adopted pursuant to Cannabis Law § 131, which expressly authorizes towns to opt-out of allowing Cannabis Retail Dispensaries to locate and operate within the area of the town outside of any village within such town. Section 3. Local Opt-Out for Cannabis Retail Dispensaries The Town Board of the Town of Wappinger, County of Dutchess, hereby opts-out of allowing Cannabis Retail Dispensaries from locating and operating within the boundaries of the Town of Wappinger outside of any village within the Town. In accordance with Cannabis Law § 131(1), the Town requests the Cannabis Control Board to prohibit the establishment of on- site consumption premises licensed pursuant to Article Four of the Cannabis Law within the Town outside of any village. Section 4. Local Law Subject to Permissive Referendum Pursuant to Cannabis Law § 131, this Local Law is subject to a referendum on petition pursuant to Municipal Home Rule Law §24 and the procedure for calling for and holding such referendum shall be in accordance with the law. Section 5. Effective Date This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law §27. Attachment: Local Law Retail Dispensary Opt Out (RES-2021-153 : Adopting Law Pursuant to Cannabis Law Opting Out of License/Establish Packet Pg. 32 5.2.b The ENB SEQRA Notice Publication Form-Please check all that apply Deadline: Notices must be received by 6 p.m. Wednesday 5 Negative Declaration -Type IDraft EIS with Public Hearing Conditioned Negative DeclarationGeneric Supplemental Positive Declaration Draft Scope____Final EIS with Public Scoping Session (optional)____Generic Final Scope____Supplemental Upxo!pg!Xbqqjohfs!Upxo!Cpbse Evudiftt 4 DEC Region # ______ County: _________________ Lead Agency: ____________________________ Pqujoh!Pvu!pg!Dboobcjt!Ejtqfotbsjft!boe!Po.Tjuf!Dpotvnqujpo!Qsfnjtft!jo!uif!Upxo!pg!Xbqqjohfs Project Title: Brief Project Description: The action involves . . . OZ!Dboobcjt!Mbx!Tfdujpo!242!qfsnjut!b!nvojdjqbmjuz!up!pqu!pvu!pg!qfsnjuujoh!Dboobcjt!Ejtqfotbsjft!boe!Po.Tjuf! Dpotvnqujpo!Qsfnjtft!jo!uif!Upxo!pg!Xbqqjohfs!pvutjef!pg!boz!wjmmbhft/!!Uijt!bdujpo!jt!uif!bepqujpo!pg!uxp!Mpdbm! Mbxt!cz!uif!Upxo!jo!bddpsebodf!xjui!uif!qspwjtjpot!pg!OZ!Dboobcjt!Mbx!Tfdujpo!242!up!pqu!pvu/!Pof!mbx!jt!gps!pqujoh! pvu!pg!dboobcjt!ejtqfotbsjft!boe!uif!puifs!jt!gps!pqujoh!pvu!gps!po!qsfnjtft!dpotvnqujpo!qsfnjtft/!Boz!Mpdbm!Mbx! bepqufe!ju!jt!tvckfdu!up!qfsnjttjwf!sfgfsfoevn/ Project Location (include street address/municipality): Upxo!pg!Xbqqjohfs!pvutjef!wjmmbhf Sjdibse!Uivstupo-!Tvqfswjtps Contact Person: _________________________ 236:1 OZ 31!Njeemfcvti!SpbeXbqqjohfst!Gbmmt Address: ____________________________ City: _____________________ State: _____ Zip: ________ suivstupoAupxopgxbqqjohfsoz/hpw 956.3:8.3855 Phone: _________________________ Fax: ________________________ E-mail: _________________ ForConditionedNegative Declaration / Draft Scope/Draft EIS: Public Comment Period ends: ___ / ___ /____ For Public Hearing or Scoping Session: Date: ____ / ____ / _____ Time: _____:_____ am/pm Location: A hard copy of the Draft Scope/Final Scope/DEIS/FEIS is available at the following locations: The online version of the Draft Scope/Final Scope/DEIS/FEIS is available at the following publically accessible web site: For Conditioned Negative Declaration: In summary, conditions include: Attachment: enbform (RES-2021-153 : Adopting Law Pursuant to Cannabis Law Opting Out of License/Establish Cannabis Retail Dispensaries) ENB FormJanuary 2019 Packet Pg. 33 5.3 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-154 DOC ID: 5703 Resolution Adopting Negative Declaration For Proposed Local Law Pursuant To Cannabis Law §131 Opting Out Of Licensing And Establishing On-Site Cannabis Consumption Premises Within The Town Of Wappinger Outside Of Any Village WHEREAS, the Town Board is considering the adoption of a Local Law PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING ON-SITE CANNABIS CONSUMPTION PREMISES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Law entitled PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING ON-SITE CANNABIS CONSUMPTION PREMISES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Law. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 2:15 PM by Joseph P. Paoloni Page 1 Packet Pg. 34 5.3.a State Environmental Quality Review Act NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: December 13, 2021 Name of Action: The Adoption of a Local Law entitled PURSUANT TO CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING ON-SITE CANNABIS CONSUMPTION PREMISES WITHIN THE TOWN OF WAPPINGER OUTSIDE OF ANY VILLAGE. 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 by the Wappinger Town Board pursuant to Cannabis Law §131 opting out of licensing and establishing on-site cannabis consumption premises within the Town of Wappinger outside of any village. (the . 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 Town Code 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 landforms. 3. The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. Attachment: Negative Dec for On Site Consumption Opt Out (RES-2021-154 : Adopting Negative Declaration For Law Pursuant To Cannabis Packet Pg. 35 5.3.a 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. 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. Attachment: Negative Dec for On Site Consumption Opt Out (RES-2021-154 : Adopting Negative Declaration For Law Pursuant To Cannabis 2 Packet Pg. 36 5.3.a 18. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with the existing community character. 19. The Proposed Action will not have a significant adverse environmental impact on the supply of housing in the Town. Conclusion: Based upon this information and the information in the Full Environmental Assessment Form, the Town Board finds that the adoption of the Proposed 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: Joseph P. Paoloni, Town Clerk 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@dec.ny.gov for publication in the Environmental Notice Bulletin. Attachment: Negative Dec for On Site Consumption Opt Out (RES-2021-154 : Adopting Negative Declaration For Law Pursuant To Cannabis 3 Packet Pg. 37 5.4 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-155 DOC ID: 5704 Resolution Adopting Local Law No. ___ of the Year 2021 §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within the Town of WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within th WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on December 13, 2021 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration herewith; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; 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, that the Town Board of the Town of Wappinger hereby aw Adopted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within the Town of and made a part of this Resolution; and BE IT FURTHER RESOLVED, that, within 10 days the Town Clerk shall publish a copy of the Notice of Adoption of the Local Law that indicates that the Local Law is subject to permissive referendum pursuant section 24 of the Municipal Home Rule Law in the official newspaper of pursuant to Section 30(6) of the Town Law and cause such Notice of Adoption to be published on the Town website; and BE IT FURTHER RESOLVED that, upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk shall file a certified copy of this order with the Secretary of State; and RESOLVED that upon completion of the permissive referendum requirements of Municipal Home Rule Section 24, the Town Clerk is directed to file the required opt out form with Office of Cannabis Management. Updated: 12/9/2021 2:24 PM by Joseph P. Paoloni Page 1 Packet Pg. 38 5.4 Resolution 2021-155 Meeting of December 13, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 2:24 PM by Joseph P. Paoloni Page 2 Packet Pg. 39 5.4.a LOCAL LAW NO. ____ (PROPOSED) OF 2021 A Local Law Adopted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within the Town of Wappinger outside of any Village. Be it enacted by the Town Board of the Town of Wappinger as follows: Section 1. Legislative Intent It is the intent of this Local Law to opt the Town of Wappinger out of hosting on-site cannabis consumption premises within its boundaries that would otherwise be allowed under the New York State Marijuana Regulation and Taxation Act. Section 2. Authority This Local Law is adopted pursuant to Cannabis Law § 131, which expressly authorizes towns to opt-out of allowing on-site cannabis consumption premises to locate and operate within the area of the town outside of any village within such town. Section 3. Local Opt-Out for On-Site Cannabis Consumption Premises The Town Board of the Town of Wappinger, County of Dutchess, hereby opts-out of allowing on-site cannabis consumption premises from locating and operating within the boundaries of the Town of Wappinger outside of any village within the Town. In accordance with Cannabis Law § 131(1), the Town requests the Cannabis Control Board to prohibit the establishment of on-site consumption premises licensed pursuant to Article Four of the Cannabis Law within the Town outside of any village. Section 4. Local Law Subject to Permissive Referendum Pursuant to Cannabis Law § 131, this Local Law is subject to a referendum on petition pursuant to Municipal Home Rule Law §24 and the procedure for calling for and holding such referendum shall be in accordance with the law. Section 5. Effective Date This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law §27. Attachment: Local Law On Site Consumption Opt Out (RES-2021-155 : Adopting Local Law Pursuant to Cannabis Law §131 Opting Out On-Site Packet Pg. 40 5.5 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni T ABLED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-156 DOC ID: 5696 Resolution Adopting Local Law No. __ Of 2021 Which Would Amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering And Storage Of Garbage, And Chapter 217, Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. __ of 2021 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters (the ; 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 __________, 2021 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 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, 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 ____________, 2021 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, in response to said referral the Town Planning Board responded and stated __________________; and Updated: 12/7/2021 4:34 PM by Joseph P. Paoloni Page 1 Packet Pg. 41 5.5 Resolution 2021-156 Meeting of December 13, 2021 WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated __________________; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. __ of 2021, 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. RESULT: TABLED \[UNANIMOUS\] Next: 9/15/2045 12:00 AM MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/7/2021 4:34 PM by Joseph P. Paoloni Page 2 Packet Pg. 42 5.5.a NEW YORK STATE DEPARTMENT OF STATE Draft: 114- 1019-21 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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. of the year 2021 A local law Law for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, and Chapter 127, 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 Formatted: Justified (If additional space is needed, attach pages the same size as this sheet, and number each.) Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 43 5.5.a LOCAL LAW No. ___ OF THE YEAR 2021 Formatted: Space After: 0 pt BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title Formatted: Indent: Left: 0",Space After: 0 pt This Local Law shall be known and ci, for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, and Chapter 127, Fires, of the Town Code with Respect to a Variety of Matters Formatted: Space After: 0 pt Section 2. Legislative Intent Formatted: Space After: 0 pt The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, and Chapter 127, Fires, 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. Formatted: Space After: 0 pt Section 3. Amendments to Chapter 240, Zoning 1. A new Section 240-55.G shall be added and shall read as follows: G.All farm animals shall be enclosed with fencing which is of such design so as to keep all animals contained within the fenced enclosure. 2. Section 240-36.4 shall be amended to read as follows: § 240-36.4 Outdoor storage. In the residential zoning districts, the outdoor storage of lawn-mowing and yard equipment, tractors, materials, debris, garbage and refuse, whether contained or not, is prohibited between the dwelling and any street line, except that garbage and refuse if properly contained in authorized private receptacles pursuant to §§ 210-12 and 210-14C of this Code are permitted along the street line, but only on days in which such garbage and refuse is collected. Exempt from this prohibition are seasonal decorations, lawn ornaments, picnic/patio/lawn tables and chairs, swing sets and customary lawn games. Swing sets shall not be permitted between the dwelling and any street line. 2 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 44 5.5.a 3. Section 240-23 shall be amended to read as follows: § 240-23 Exterior lighting. A. Intent and purpose. The intent and purpose of this section is to provide standards for outdoor lighting in order to maintain and protect the scenic and aesthetic character of the Town; to encourage conservation of energy while providing safety, utility and security; to minimize glare; to avoid impacts on and to protect the privacy of nearby residences; to reduce atmospheric light pollution; to ensure that development fits into its surroundings rather than being superimposed upon the existing environment; and to enhance the Town's nighttime ambience and character. The following standards shall apply to all of the zoning districts in the Town. B. All exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties, and shall have such shielding as will prevent unreasonable or not cause any objectionable glare observable from such streets or properties. C. ATM lighting. Unless accessory to a bank, all ATM banking machines shall be installed indoors so that the New York State ATM Safety Act design requirements shall not be applicable. The Planning Board remains responsible for ensuring that outdoor ATM banking machines accessory to a bank do not cause glare or other unwanted light spillage affecting residential areas and uses. D. Hours of lighting. Hours of lighting may be limited by the Planning Board in acting on any site development plan. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential lighting" applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting may be used to promote safety and reduce the amount of night lighting in the Town, as determined by the Planning Board. E. Intensity of lighting. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.00.5 footcandles or lumens at the property line. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the suitable range. Footcandle levels greater that 5.0 are considered excessive and shall be avoided. F. Pole heights. In all districts, the maximum pole height for any exterior light fixture Formatted: Indent: Left: 0.5", Hanging: 0.5" shall not exceed 15 feet as measured from the ground 3 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 45 5.5.a G.Lighting plan specifications. A photometric lighting plan shall be provided for all proposed lighting or for the retro-fitting of existing light fixtures with Light Emitting Diode (LED) fixtures. The photometric plan shall provide specifications for all lighting proposed. The color temperature of all LED lighting shall be 3,000 Kelvin (K) or less. The lighting specifications shall also include Backlight, Uplight and Glare (BUG) ratings for all proposed fixtures. H. Adjustment of lighting levels. The Planning Board may require that dimmers be umination of the site if the Zoning Administrator finds that the site is not in compliance with its approved site plan and/or is otherwise inconsistent with the intent, purposes or other standards of this section. Formatted: Indent: Left: 0",First line: 0" I. Gas stations. The standards contained in this section shall apply to all uses in the Formatted: Indent: Left: 0.5", Hanging: 0.5" Town, including gas stations. In approving a lighting plan for a gas station, the Planning Board shall take into account the context of the gas station and its relationship to all residential development which has a view of the gas stationin order to reasonably minimize adverse visual impact of the gas station on said residential development. The Planning Board shall also consider the type of road which the gas station is located on (for example a highway versus a local road) when determining the appropriate lighting level of the gas station.Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling. Any illuminated part of the canopy other than the underside lighting shall be considered to be part of the total amount of permitted site signage. J. Prohibitions. The following forms of lighting are prohibited: (1) Uplighting is prohibited, with the exception of flags, as defined herein. Formatted: Font color: Auto Externally lit signs, displays, buildings, structures, streets, parking areas, Field Code Changed recreational areas, landscaping and other objects lit for aesthetic or other purposes shall be lit from the top and shine downward. Field Code Changed Formatted: Font color: Auto (2) Roof-mounted area lighting. Formatted: Font color: Auto Field Code Changed (3) Laser lighting for outdoor advertising or entertainment. Field Code Changed Formatted: Font color: Auto (4) The use of and the operation of searchlights for advertising purposes. Field Code Changed (5) Floodlights and unshielded wallpack-type fixtures. Formatted: Font color: Auto Field Code Changed (6) Neon roping or trimming. Formatted: Font color: Auto 4 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 46 5.5.a K. Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section. L. Waivers. The Planning Board may waive the lighting requirements of § 240-23 in Formatted: Indent: Left: 0.5", Hanging: 0.5" cases where the Planning Board determines that better site design or safety can be achieved with lighting that does not comply with Section said section. 4. Section 240-30.B shall be revised to read as follows: B. No more than two accessory buildings shall be permitted in any 1-Family Residence District. No such accessory building shall have a footprint greater than 600 square feet nor a height in excess of 20 feet, except that for lots of 40,000 square feet or larger, one of the two accessory buildings may exceed 600 square feet to a maximum of 1,200 square feet in accordance with the following table:. Maximum Size ofOne Lot Size (at least) Accessory Building (sq. ft.) 40,000 sq. ft. 800 80,000 sq. ft. 900 Formatted: Indent: Left: 1",First line: 0.5" 3 acres 1,000 4 acres 1,100 5 acres 1,200 5. A new section 240-96.I shall be added and shall read as follows: I. Electric vehicle charging stations. In addition to the number of parking and loading Formatted: Font: Not Bold spaces required by this article, all uses having a parking requirement of 30 or more spacesshall have an area improved or reserved for electric vehicle charging stations equal to at least an additional 10% of the required number of parking spaces. Until improved as charging station parking, such reserved area shall comply with Section 240-96.F of this article. Also in the case of reserved spaces, electrical wiring shall be installed at the time of the initial improvement of the parking area for the eventual installation of the charging stations. In the case of an existing parking area where an area for charging stations has not been previously approved, the installation of charging stations shall only be permitted if the number of parking and loading spaces required by this article can be provided in addition to the spaces allotted for the charging stations. The spaces allocated for charging stations shall be clearly identified for such with appropriate signage. Formatted: Font: Not Bold 6. Section 240-21.F shall be revised to read as follows: 5 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 47 5.5.a F. Fences, walls and retaining walls. (1) In the residential zoning districts, the maximum height of any fence, wall or retaining wall is six feet in height, except that fences, walls and retaining walls along street frontages shall not exceed four feet in height, and except as otherwise set forth in this section. No fence shall be erected in such location or manner as to obstruct adequate sight distances for drivers, bicyclists or pedestrians. Fences shall generally be set back 12 feet from the front property line or edge of roadway pavement; however, the placement and height of the fence shall be at the sole discretion of the Zoning Administrator based upon safety concerns for drivers, bicyclists and pedestrians. Such placement and height shall also be subject to § 217-25.E of this chapter. (2) In the nonresidential zoning districts the Planning Board may allow a fence in excess of six feet but not exceeding 12 feet above adjoining grade, provided that the Board finds such fence necessary and appropriate for safety and/or security purposes. Any fence exceeding six feet in height shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such fence, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the fence and submission to the Town of a certification by said licensed professional that the fence was constructed in accordance with said professional's design. (3) All walls and retaining walls which are four feet in height or higher shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such wall or retaining wall, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the wall or retaining wall and submission to the Town of a certification by said licensed professional that the wall or retaining wall was constructed in accordance with said professional's design. Section 5. Amendments to Chapter 210, Solid Waste Section 210-14.C shall be amended to read as follows: C. Required number and type of receptacles. Every person who is an owner, lessee or Formatted: Indent: Left: 0.5" occupant of any residence, building, premises or place of business within the Town shall provide or cause to be provided and at all times keep suitable and sufficient 6 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 48 5.5.a authorized private receptacles for receiving and containing garbage or refuse that may accumulate or be used upon said premises. No such receptacle shall be kept near any public place, including roadways, longer than may be necessary for the removal of the contents thereof. Within the same day that receptacles have been emptied by the carter, they shall be relocated and stored no closer than 20 feet from the front lot line or edge of roadway pavement. All receptacles used for the reception of garbage or refuse shall be provided with proper covers, and such receptacles shall at all times be securely closed and watertight. Section 6. Amendments to Chapter 217, Subdivision of Land Section 217-25.E shall be amended to read as follows: E. Sight easements. Sight easements shall be provided across all street corners, outside the street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points at a minimum or 40 feet back from the theoretical intersection of the edge of such pavement prolonged. The easements shall provide that these areas be kept free of anything that would obstruct a clear line of sight, and that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of removing anything obstructing a clear line of sight and for clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider. Section 7. Amendments to Chapter 127, Fires 1. The following definition in Section 127-2 shall be revised to read as follows: OPEN FIRE/BURNING Any outdoor fire or burning or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere, other than by a fire in stove, oven, furnace or incinerator designed and constructed for the burning of material. The term "open fire" shall not be deemed to include fire in barbecue pits, outdoor candles (citronella, etc.), outdoor fireplaces and wood, gas or charcoal grills designed and used for the purpose of cooking food for human consumption, and shall not include the use of a fire in a fireplace by recognized organizations such as Girl Scouts or Boy Scouts or Fire Department, where such fireplace is used under the constant supervision of responsible officials of such organizations. himineas. 7 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 49 5.5.a 2. Section 127-3 shall be revised to read as follows: § 127-3 Open fires prohibited. It shall be unlawful for any person to light, permit or maintain an open fire within the Town of Wappinger for any purpose, other than a recreational fire pit or chiminea which shall be subject to the following provisions. The recreational fire pit or chiminea shall: A. Be no closer than 15 feet from any building, structure, shed, garage, tree, shrub, Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt bush, fence or any other combustible material, and no closer than 10 feet to any lot line. B. Be constructed of a noncombustible material. Formatted: Space Before: 0 pt, After: 0 pt C. Not exceed three feet in diameter or three feet in height except for the venting portion Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt of the device. D. Not be utilized if wind is causing smoke, embers or other burning material to blow Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt toward any building or other flammable materials, or across any lot line.The fire pit or chiminea shall not be operated in any manner which creates a nuisance for neighboring property owners. The fire pit or chiminea shall be extinguished or relocated upon the complaint of any neighboring property owner regarding nuisance smoke, embers, etc. E. Be constantly attended by a responsible person of age 18 or older who shall not be Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt under the influence of an intoxicant. F. Be located near a readily available supply of water, such as a garden hose. Formatted: Space Before: 0 pt, After: 0 pt G.Be limited to one location on any lot. Formatted: Indent: Left: 0",Space Before: 0 pt, After: 0pt H. Only be fueled by wood. By way of illustration but not limitation, the following Formatted: Indent: Left: 0.5", Hanging: 0.5" materials shall not be burned in a recreational fire pit or chiminea: rubbish, garbage, recyclable items, yard waste, trash, any materials made of or coated with rubber, plastic, leather, or petroleum based materials, and flammable or combustible liquids. I. Be allowed only on a noncombustible surface (for example, dirt clear of any vegetation, brick, stone, concrete, etc.) with a diameter twice that of the largest dimension (excluding the venting portion) of the recreational fire pit or chiminea. Section 78. Ratification, Readoption and Confirmation 8 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 50 5.5.a 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 89. 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 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 910. 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 1011. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. https://d.docs.live.net/7f22debf506cdb6f/Documents/Misc code amend LL 11-10-21.mms.docxMacintosh HD:Users:davidstolman:Desktop:Misc code amend LL.dhs.docx 9 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 51 5.5.b NEW YORK STATE DEPARTMENT OF STATE Draft: 11-10-21 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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. of the year 2021 A local law entitled “A Local Law for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, 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 amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of Packet Pg. 52 5.5.b LOCAL LAW No. ___ OF THE YEAR 2021 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. __ of 2021, for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, 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 amend Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, 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 240-55.G shall be added and shall read as follows: G. All farm animals shall be enclosed with fencing which is of such design so as to keep all animals contained within the fenced enclosure. 2. Section 240-36.4 shall be amended to read as follows: § 240-36.4 Outdoor storage. In the residential zoning districts, the outdoor storage of lawn-mowing and yard equipment, tractors, materials, debris, garbage and refuse, whether contained or not, is prohibited between the dwelling and any street line, except that garbage and refuse if properly contained in authorized private receptacles pursuant to §§ 210-12 and 210-14C of this Code are permitted along the street line, but only on days in which such garbage and refuse is collected. Exempt from this prohibition are seasonal decorations, lawn ornaments, picnic/patio/lawn tables and chairs, and customary lawn games. Swing sets shall not be permitted between the dwelling and any street line. Attachment: Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of 2 Packet Pg. 53 5.5.b 3. Section 240-23 shall be amended to read as follows: § 240-23 Exterior lighting. A. Intent and purpose. The intent and purpose of this section is to provide standards for outdoor lighting in order to maintain and protect the scenic and aesthetic character of the Town; to encourage conservation of energy while providing safety, utility and security; to minimize glare; to avoid impacts on and to protect the privacy of nearby residences; to reduce atmospheric light pollution; to ensure that development fits into its surroundings rather than being superimposed upon the existing environment; and to enhance the Town's nighttime ambience and character. The following standards shall apply to all of the zoning districts in the Town. B. All exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties, and shall have such shielding as will prevent unreasonable or objectionable glare observable from such streets or properties. C. ATM lighting. Unless accessory to a bank, all ATM banking machines shall be installed indoors so that the New York State ATM Safety Act design requirements shall not be applicable. The Planning Board remains responsible for ensuring that outdoor ATM banking machines accessory to a bank do not cause glare or other unwanted light spillage affecting residential areas and uses. D. Hours of lighting. Hours of lighting may be limited by the Planning Board in acting on any site development plan. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential lighting" applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting may be used to promote safety and reduce the amount of night lighting in the Town, as determined by the Planning Board. E. Intensity of lighting. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.0 footcandles or lumens at the property line. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the suitable range. Footcandle levels greater that 5.0 are considered excessive and shall be avoided. F. Pole heights. In all districts, the maximum pole height for any exterior light fixture shall not exceed 15 feet as measured from the ground Attachment: Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of 3 Packet Pg. 54 5.5.b G. Lighting plan specifications. A photometric lighting plan shall be provided for all proposed lighting or for the retro-fitting of existing light fixtures with Light Emitting Diode (LED) fixtures. The photometric plan shall provide specifications for all lighting proposed. The color temperature of all LED lighting shall be 3,000 Kelvin (K) or less. The lighting specifications shall also include Backlight, Uplight and Glare (BUG) ratings for all proposed fixtures. H. Adjustment of lighting levels. The Planning Board may require that dimmers be installed on a site’s lighting, in which case the Zoning Administrator shall have ongoing jurisdiction over the site’s lighting and the authority to require that the property’s owner or operator lessen the illumination of the site if the Zoning Administrator finds that the site is not in compliance with its approved site plan and/or is otherwise inconsistent with the intent, purposes or other standards of this section. I. Gas stations. The standards contained in this section shall apply to all uses in the Town, including gas stations. In approving a lighting plan for a gas station, the Planning Board shall take into account the context of the gas station and its relationship to all residential development which has a view of the gas station in order to reasonably minimize adverse visual impact of the gas station on said residential development. The Planning Board shall also consider the type of road which the gas station is located on (for example a highway versus a local road) when determining the appropriate lighting level of the gas station. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling. Any illuminated part of the canopy other than the underside lighting shall be considered to be part of the total amount of permitted site signage. J. Prohibitions. The following forms of lighting are prohibited: (1) Uplighting is prohibited, with the exception of flags, as defined herein. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping and other objects lit for aesthetic or other purposes shall be lit from the top and shine downward. (2) Roof-mounted area lighting. (3) Laser lighting for outdoor advertising or entertainment. (4) The use of and the operation of searchlights for advertising purposes. (5) Floodlights and unshielded wallpack-type fixtures. (6) Neon roping or trimming. Attachment: Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of 4 Packet Pg. 55 5.5.b K. Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section. L. Waivers. The Planning Board may waive the lighting requirements of § 240-23 in cases where the Planning Board determines that better site design or safety can be achieved with lighting that does not comply with Section said section. 4. Section 240-30.B shall be revised to read as follows: B. No more than two accessory buildings shall be permitted in any 1-Family Residence District. No such accessory building shall have a footprint greater than 600 square feet nor a height in excess of 20 feet, except that for lots of 40,000 square feet or larger, one of the two accessory buildings may exceed 600 square feet to a maximum of 1,200 square feet in accordance with the following table: Maximum Size of One Lot Size (at least) Accessory Building (sq. ft.) 40,000 sq. ft. 800 80,000 sq. ft. 900 3 acres 1,000 4 acres 1,100 5 acres 1,200 5. A new section 240-96.I shall be added and shall read as follows: I. Electric vehicle charging stations. In addition to the number of parking and loading spaces required by this article, all uses having a parking requirement of 30 or more spaces shall have an area improved or reserved for electric vehicle charging stations equal to at least an additional 10% of the required number of parking spaces. Until improved as charging station parking, such reserved area shall comply with Section 240-96.F of this article. Also in the case of reserved spaces, electrical wiring shall be installed at the time of the initial improvement of the parking area for the eventual installation of the charging stations. In the case of an existing parking area where an area for charging stations has not been previously approved, the installation of charging stations shall only be permitted if the number of parking and loading spaces required by this article can be provided in addition to the spaces allotted for the charging stations. The spaces allocated for charging stations shall be clearly identified for such with appropriate signage. 6. Section 240-21.F shall be revised to read as follows: Attachment: Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of 5 Packet Pg. 56 5.5.b F. Fences, walls and retaining walls. (1) In the residential zoning districts, the maximum height of any fence, wall or retaining wall is six feet in height, except that fences, walls and retaining walls along street frontages shall not exceed four feet in height, and except as otherwise set forth in this section. No fence shall be erected in such location or manner as to obstruct adequate sight distances for drivers, bicyclists or pedestrians. Fences shall generally be set back 12 feet from the front property line or edge of roadway pavement; however, the placement and height of the fence shall be at the sole discretion of the Zoning Administrator based upon safety concerns for drivers, bicyclists and pedestrians. Such placement and height shall also be subject to § 217-25.E of this chapter. (2) In the nonresidential zoning districts the Planning Board may allow a fence in excess of six feet but not exceeding 12 feet above adjoining grade, provided that the Board finds such fence necessary and appropriate for safety and/or security purposes. Any fence exceeding six feet in height shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such fence, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the fence and submission to the Town of a certification by said licensed professional that the fence was constructed in accordance with said professional's design. (3) All walls and retaining walls which are four feet in height or higher shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such wall or retaining wall, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the wall or retaining wall and submission to the Town of a certification by said licensed professional that the wall or retaining wall was constructed in accordance with said professional's design. Section 5. Amendments to Chapter 210, Solid Waste Section 210-14.C shall be amended to read as follows: C. Required number and type of receptacles. Every person who is an owner, lessee or occupant of any residence, building, premises or place of business within the Town shall provide or cause to be provided and at all times keep suitable and sufficient authorized private receptacles for receiving and containing garbage or refuse that Attachment: Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of 6 Packet Pg. 57 5.5.b may accumulate or be used upon said premises. No such receptacle shall be kept near any public place, including roadways, longer than may be necessary for the removal of the contents thereof. Within the same day that receptacles have been emptied by the carter, they shall be relocated and stored no closer than 20 feet from the front lot line or edge of roadway pavement. All receptacles used for the reception of garbage or refuse shall be provided with proper covers, and such receptacles shall at all times be securely closed and watertight. Section 6.Amendments to Chapter 217, Subdivision of Land Section 217-25.E shall be amended to read as follows: E. Sight easements. Sight easements shall be provided across all street corners, outside the street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points at a minimum or 40 feet back from the theoretical intersection of the edge of such pavement prolonged. The easements shall provide that these areas be kept free of anything that would obstruct a clear line of sight, and that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of removing anything obstructing a clear line of sight and for clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider. Section 7. 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 8. 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. Attachment: Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of 7 Packet Pg. 58 5.5.b Section 9. 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 10. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. https://d.docs.live.net/7f22debf506cdb6f/Documents/Misc code amend LL 11-10-21.mms.docx Attachment: Misc code amend LL 11-10-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of 8 Packet Pg. 59 5.5.c State Environmental Quality Review Act NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: _____________, 2021 Name of Action: The Adoption of a Local Law Amending Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, 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 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, 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 11-26-21.mms (002) (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Packet Pg. 60 5.5.c 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. Attachment: misc code LL neg dec 11-26-21.mms (002) (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open 2 Packet Pg. 61 5.5.c 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@dec.ny.gov for publication in the Environmental Notice Bulletin. y:\\shared\\offices\\nyr\\data\\documents\\docs2\\500\\wappinger\\misc code ll neg dec 11-26-21.mms.docx Attachment: misc code LL neg dec 11-26-21.mms (002) (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open 3 Packet Pg. 62 5.5.d Gvmm!Fowjsponfoubm!Bttfttnfou!Gpsn! Qbsu!2!.!Qspkfdu!boe!Tfuujoh! 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UifQspqptfeBdujpojtuifbepqujpopgbMpdbmMbxczuifXbqqjohfsUpxoCpbsexijdixpvmebnfoeDibqufs351-\[pojoh-Dibqufs328-Tvcejwjtjpopg Mboe-boeDibqufs321-TpmjeXbtuf-MjuufsjohboeTupsbhfpgHbscbhf-pguifUpxoDpefxjuiSftqfduupbWbsjfuzpgNbuufst Obnf!pg!Bqqmjdbou0Tqpotps;!Ufmfqipof;!! )956*3:8.5269 UpxopgXbqqjohfsUpxoCpbse-d0pKptfqiQ/Qbpmpoj-UpxoDmfsl F.Nbjm;! KQbpmpojAupxopgxbqqjohfs/vt Beesftt;! 31NjeemfcvtiSpbe Djuz0QP;!Tubuf;!!\[jq!Dpef;! XbqqjohfstGbmmt OZ236:1 Qspkfdu!Dpoubdu!)jg!opu!tbnf!bt!tqpotps<!hjwf!obnf!boe!ujumf0spmf*;!Ufmfqipof;! TbnfbtTqpotps F.Nbjm;! Beesftt;! Djuz0QP;Tubuf;!\[jqDpef; Qspqfsuz!Pxofs!!)jg!opu!tbnf!bt!tqpotps*;!Ufmfqipof;! O0B F.Nbjm;! Beesftt;! Djuz0QP;Tubuf;!\[jqDpef; Attachment: misc code amends LL EAF Part 1 11-26-21.mms (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Qbhf!2!pg!24! Packet Pg. 63 5.5.d C/!Hpwfsonfou!Bqqspwbmt! 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F2g-!F2h! k/Uif!qspqptfe!bdujpo!nbz!sftvmu!jo!fydbwbujpo!ps!puifs!ejtuvscbodf!xjuijo!3111!gffu!pg F2i! b!tjuf!vtfe!gps!uif!ejtqptbm!pg!tpmje!ps!ib{bsepvt!xbtuf/! F2g-!F2h! l/Uif!qspqptfe!bdujpo!nbz!sftvmu!jo!uif!njhsbujpo!pg!fyqmptjwf!hbtft!gspn!b!mboegjmm tjuf!up!bekbdfou!pgg!tjuf!tusvduvsft/ E3t-!F2g-! m/Uif!qspqptfe!bdujpo!nbz!sftvmu!jo!uif!sfmfbtf!pg!dpoubnjobufe!mfbdibuf!gspn!uif E3s! qspkfdu!tjuf/! n/Puifs!jnqbdut;!`````````````````````````````````````````````````````` ``````````````````````````````````````````````````````````````````! Attachment: misc code FEAF Part 2 no (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of Land) Qbhf!:!pg!21! Packet Pg. 84 5.5.e 28/!Dpotjtufodz!xjui!Dpnnvojuz!Qmbot! !Uif!qspqptfe!bdujpo!jt!opu!dpotjtufou!xjui!bepqufe!mboe!vtf!qmbot/!!!!OP!!!ZFT! 5 !)Tff!Qbsu!2/!D/2-!D/3/!boe!D/4/*!!! !Jg!ÆZftÇ-!botxfs!rvftujpot!b!.!i/!!Jg!ÆOpÇ-!hp!up!Tfdujpo!29/! Sfmfwbou!Op-!ps!Npefsbuf! Qbsu!J!tnbmm!up!mbshf! 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D3-!D4-!E2g! !! d/!Uif!qspqptfe!bdujpo!nbz!ejtqmbdf!bggpsebcmf!ps!mpx.jodpnf!ipvtjoh!jo!bo!bsfb!xifsf! E2h-!F2b! uifsf!jt!b!tipsubhf!pg!tvdi!ipvtjoh/! D3-!F4! ! ! e/!Uif!qspqptfe!bdujpo!nbz!joufsgfsf!xjui!uif!vtf!ps!fokpznfou!pg!pggjdjbmmz!sfdphoj{fe! ps!eftjhobufe!qvcmjd!sftpvsdft/! D3-!D4! !! f/!Uif!qspqptfe!bdujpo!jt!jodpotjtufou!xjui!uif!qsfepnjobou!bsdijufduvsbm!tdbmf!boe! dibsbdufs/! D3-!D4! !! g/!Qspqptfe!bdujpo!jt!jodpotjtufou!xjui!uif!dibsbdufs!pg!uif!fyjtujoh!obuvsbm!mboetdbqf/!! F2b-!F2c! F3h-!F3i! ! !! h/!Puifs!jnqbdut;!``````````````````````````````````````````````````````! ``````````````````````````````````````````````````````````````````! Attachment: misc code FEAF Part 2 no (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of Land) QSJOUGVMMGPSN Qbhf!21!pg!21! Packet Pg. 85 5.5.f Eoin Wrafter, AICP Marcus J. Molinaro Commissioner County Executive County of Dutchess Department of Planning and development December 7, 2021 To: Town Board, Town of Wappinger Re: ZR21-360, Local Law: Lighting, EVs, Etc The Dutchess County Department of Planning and Development has reviewed the subject referral within the framework of General Municipal Law (Article 12B, Sections 239-l and 239-m). A CTION The Town is proposing numerous changes to chapters 210, 217, and 240 of its code, including new language related to exterior lighting and electric vehicle charging stations. C OMMENTS We commend the Town for considering considering an EV charging station requirement. Exterior Lighting section: 1.Dark Sky compliance We suggest that the Board emend §240-23 B to include language requiring that lighting fixtures be dark-sky compliant, ex.: All exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties, and shall have such shielding as will prevent unreasonable or objectionable glare observable from such streets or properties. All fixtures should be downlit, full cut-off, and dark-sky compliant. 2.Defining terms We suggest that the tin §240-23 I should be defined, or the language altered, as these terms could be general or refer to ownership, functional class, etc. Electric Vehicle Charging Stations section: Charging stations are more important for certain kinds of uses, and we encourage the Board to build appropriate flexibility into the code that allows for that distinction. Regular day-to-day EV charging (as opposed to the high- speed charging needed for long trips) is more like charging a cell phone than it is like getting gas. The places we charge our phones (generally the places we spend the longest stretches of time) are where car chargers are the most important. Charging stations are likely to be a necessity at multifamily housing complexes in the future, but Attachment: ZR21-360 (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of Land) 85 Civic Center Plaza, Suite 107, -3600 -3610 www.dutchessny.gov Packet Pg. 86 5.5.f remain a convenience at retail outlets, for example. 3.Reduce threshold for housing We suggest that the Board require charging stations at smaller multifamily housing complexes as well, basing it either on parking lot size or number of units. In a local example, the Town of New Paltz requires installation of stations for any project proposing three or more units (see §140-52.B(2)(n)). 4.Allow the Planning Board to include charging spots in the required parking minimum where appropriate We suggest including a provision allowing the Planning Board to waive the requirement that designated charging station spots must be supplemental to the code-required minimum, permitting the Board to consider them part of the minimum when they deem it appropriate. We also suggest that this waiver be specifically considered for existing and new multifamily housing complexes, where the applicant can show to (ex: parking spaces are assigned to tenants and a tenant with an EV is assigned a spot with a charger). We note that this suggestion differs from the waiver power described in §240-96 F, in which the waived parking must be set aside for possible future development. 5.Signage only needed when stations are actually installed Spaces with installed charging stations shall be clearly identified with appropriate signage. R ECOMMENDATION 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 Dylan Tuttle Planner Attachment: ZR21-360 (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of Land) Packet Pg. 87 5.5.f ToDate #pgs Dutchess County Department of Co./Dept.From Only Planning and Development Fax Info Fax #Phone # 239 Planning/Zoning Referral - Exemption Communities Municipality:Town of Wappinger Referring Agency: Municipal Board Tax Parcel Numbers(s): #Error Project Name: Local Law: Lighting, EVs, etc. Applicant:Town Board Address of Property: 20 Middlebush Rd Exempt Actions:*Actions Requiring 239 Review Parcels within 500 feet of: 239 Review is NOT Required Comprehensive/Master Plans State Road: Administrative Amendments (fees, Zoning Amendments (standards, uses, procedures, penalties, etc.) County Road: definitions, district regulations, etc.) Special Permits for residential uses Other Local Laws associated with zoning State Property (with recreation area (accessory apts, home occupations, (wetlands, historic preservation, affordable or public building) etc.) housing, architectural review, etc.) County Property (with recreation Use Variances for residential uses Rezonings involving all map changes area or public building) Area Variances for residential uses Municipal Boundary Architectural Review Please Fill in this section Renewals/Extension of Site Plans or Site Plans (all) Farm operation in an Agricultural Special Permits that have no changes District from previous approvals Special Permits for all non-residential uses No Authority to review these Actions Use Variances for all non-residential uses Subdivisions / Lot Line Adjustments Area Variances for all non-residential uses Interpretations Exempt Action submitted for informal Other (Describe): review Date Response Requested: 12/9/2021 Entered By: Tuttle, Dylan *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:Comments Attached: Matter of Local ConcernLocal Concern with Comments No JurisdictionConditional No AuthorityDenial WithdrawnIncomplete with Comments- municipality must resubmit to County Informal Comments Only (Action Exempt from 239 Review) Incomplete - municipality must resubmit to County Exempt from 239 Review None Date Submitted:11/19/2021 Notes: Major Project Date Received:11/22/2021 Referral #: ZR21-360 Date Requested:12/9/2021 Attachment: ZR21-360 (RES-2021-156 : Adopting Local Law Amend Chapters 240, 210, 217 Open Fires/Subdivision of Land) Date Required:12/22/2021 Also mailed Reviewer: hard copy Date Transmitted:12/7/2021 Date Printed: 12/7/2021 Packet Pg. 88 8.1 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-157 DOC ID: 5693 Resolution Re-Appointing Board Of Assessment Review Member WHEREAS, Lynn Marie O'Dell, formerly Lynn Myers, was appointed as a Board of Assessment Review Member by Resolution adopted by the Town Board on January 9, 2017 for a five year term, which term expired on September 30, 2021; and WHEREAS, Christian Harkins, Assessor for the Town of Wappinger, has recommended that she be re-appointed as a Member of the Board of Assessment Review for an additional five year term, which will commence immediately will expire on September 30, 2026. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Upon the recommendation of Christian Harkins, Assessor for the Town of Wappinger, and after due consideration, the Town Board hereby appoints Lynn Marie O'Dell as a Board of Assessment Review Member for an additional five year term, which term is retroactive to October 1, 2021 and will expire on September 30, 2026. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/6/2021 10:30 AM by Joseph P. Paoloni Page 1 Packet Pg. 89 8.1.a Attachment: MX-5051_20211119_132606 (RES-2021-157 : Resolution Re-Appointing Board Of Assessment Review Member) Packet Pg. 90 8.2 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-159 DOC ID: 5695 Resolution Acknowledging Appointment Of Deputy Town Clerk and Setting the Salary WHEREAS, the Town Clerk is authorized to appoint three Deputy Town Clerks; and WHEREAS, the Honorable Joseph P. Paoloni, Town Clerk of the Town of Wappinger, has elected to appoint Zarin Khan as an additional Deputy Town Clerk. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board acknowledges the appointment of Zarin Khan as Deputy Town Clerk of the Town of Wappinger by Town Clerk Honorable Joseph P. Paoloni. The Town Board hereby establishes the salary of the Deputy Town Clerk at $35,625 or $19.57 per hour as set forth in the adopted 2022 budget for all Deputy Town Clerks, effective January 1, 2022 to be paid in 52 weekly installments. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/15/2021 5:59 PM by Joseph P. Paoloni Page 1 Packet Pg. 91 8.3 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-160 DOC ID: 5694 Resolution Adjusting The Salary Of The Cap Assessor WHEREAS, the Towns of Wappinger and Fishkill jointly-appointed an Assessor under a Coordinated Assessing Program; and WHEREAS, for the 2021 Budget, the Towns approved an annual salary of $105,040 which represented a 1% increase over the 2020 salary; and WHEREAS, the Town Board of the Town of Wappinger believes that an increase of the salary of the assessor is appropriate; and WHEREAS, the Town Board of the Town of Fishkill has agreed to the increased salary; NOW, THEREFORE, BE IT RESOLVED, that the annual salary of the CAP Assessor shall be increased to $106,080 which shall be paid from budget line A1355.100 and the salary will not be prorated for the year but will be due for the full year; and BE IT FURTHER RESOLVED that the following budget transfer is authorized to fund the salary for the position: Amount From Line To Line $1,040 A0917 Unallocated Fund Balance A1355.100 CAP Assessor BE IT FURTHER RESOLVED that this resolution shall take place immediately. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 3:44 PM by Joseph P. Paoloni Page 1 Packet Pg. 92 8.4 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Escrow Refund Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-161 DOC ID: 5709 Resolution Accepting Brentwood Drive And Related Easements For Hilltop Village At Wappinger Subdivision Together With Maintenance Agreement Secured By Bond real property located on the westerly side of All Angels Hill Road, and WHEREAS, TOLL made application to the Town of Wappinger Planning Board to approve a in the Office of the Dutchess County Clerk on August 27, 2013 as Filed Map 11070B which is subject to an Offer of Cession and Dedication dated August 27, 2013 and recorded in the Office of the Dutchess County Clerk on August 28, 2013 as Document No. 02- 2013- WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by Resolution dated March 18, 2013, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger Subdivision Regulations; and WHEREAS, by letter dated November 19, 2021, the Engineers to the Town have advised that the construction of Brentwood Drive and the related improvements have been completed; and WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, TOLL is required to post a highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $92,491.00, which is 20% of the cost of construction, to be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured but TOLL has been unable to do so; and WHEREAS, the Town Board has determined that is appropriate to accept a cash deposit in the amount of $34,777.60 in lieu of the required maintenance bond; and WHEREAS, TOLL tendered to the Town of Wappinger a deed for the right of way for Brentwood Drive from TOLL LAND V LIMITED PARTNERSHIP together with the associated transfer documents all in recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have recommended that the Town Board accept Brentwood Drive as a town; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept Brentwood Drive as a Town Highway together with the drainage facilities and other public improvements located in the highway right of way, except those specifically excepted by the subdivision plat. 2. The Maintenance Agreement executed by TOLL, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town as required by §214-43. 3. The Town Board hereby accepts Maintenance Bond bearing Bond No. _______ issued by ___________________________________ to the Town of Wappinger in the amount of Updated: 12/9/2021 3:19 PM by Joseph P. Paoloni Page 1 Packet Pg. 93 8.4 Resolution 2021-161 Meeting of December 13, 2021 Ninety-two Thousand Four Hundred Ninety-one & 00/100 ($92,491.00,) as a highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code which shall be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured. 4. This acceptance is expressly conditioned upon TOLL delivering the right of way and the public improvements to the Town free and clear of any liens or encumbrances, and upon payment by TOLL of all outstanding fees and escrow reimbursements due to the Town. 5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents necessary for the recording of the deed and easements from TOLL. 6. The Attorney to the Town is directed to cause the deed and easements to be filed in the property records of the Dutchess County Clerk. 7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the town highway in his files as required by Highway Law §171(1). 8. Upon the tender of the Maintenance Bond to the Town Clerk, the Surety Bond in the amount of Two Hundred Fifty-Seven Thousand Three Hundred Thirty Dollars ($257,330.00), as the security to insure that the remaining improvements required for the project will be properly completed that was accepted by the Town Board by Resolution 2016-263 shall be released. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 3:19 PM by Joseph P. Paoloni Page 2 Packet Pg. 94 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 95 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 96 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 97 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 98 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 99 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 100 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 101 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 102 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 103 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 104 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 105 8.4.a Attachment: MX-5051_20211209_155930 (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 106 8.4.b EASEMENT (Drainage, Potable Water, Sewer and Emergency Access) EASEMENTmade the ___ day of December2021between TOLL LAND V LIMITED PARTNERSHIP, a New York limited partnership having offices at 60 and THE TOWN OF WAPPINGER, a municipal corporation having its office at Town Hall, 20 Middlebush Road, . WITNESSETH WHEREAS, Grantor is the owner of certain real property located on All Angels Road in the Town of Wappinger, Dutchess County, New York, identified as Parcel 1 on a subdivision plat HILLTOP VILLAGE AT WAPPINGERswald Jr Land Surveying PLLC, dated May 28, 2013 and last revised on July 18, 2013 filed in the Dutchess County Clerk's Office as Filed Map No. 11070B hereinafter referred to as the Aattached hereto(Tax Grid Identification Number 6257-02-630770); WHEREAS, the Property was the subject of site development plan and wetlands permit and a subdivision approval so that there would be a separate RMF-3 parcel for the Projectwith said approvalssubject to certain conditions, including :(i) a stormwater/drainage easement permittingthe Town to discharge stormwater from RoadwayA(as hereinafter defined) to the stormwater management ponds and other stormwater facilities on the Property in accordance with the Stormwater Pollution Prevention Plan (SWPPP) for the Project on file in the Office of the Town Clerk of the Town of Wappinger, (ii) an easement for water mains and related appurtenances to be owned by Granteewithin the easement areas on the Property hereinafter identified with Grantee having both reasonable and emergency access throughout the Property to access the same for the purposes of maintenanceof the potable water supply with control and maintenance as provided herein, and (iii) an easement for sewermains and related appurtenances to be owned by Grantee within the easement areas on the Property hereinafter identified with Grantee having -1- Packet Pg. 107 8.4.b both reasonable and emergency access throughout the Property to access the sewer mains and appurtenances for the purposes of maintenance of the sewer mains as provided herein. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, releases and conveys unto Grantee the following easements : 1. Stormwater/Drainage Easement. Subject to the terms, conditions and limitations set forth in this Easement, Grantor hereby grants unto Grantee a stormwater/drainage easement permitting the Town to discharge stormwater from the roadway area on the Property identified on the Plat as Roadway A situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, more particularly described in attached hereto and made a part hereof , to the stormwater management ponds and other stormwater facilities on the Property in accordance with the Stormwater Pollution Prevention Plan (SWPPP) for the Project on file in the Office of the Town Clerk of the Town of Wappinger and with Grantor and Grantee having the rights and obligations as set forth in the DECLARATION ESTABLISHING DRAINAGE EASEMENT AND COVENANT TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS PURSUANT TO § 213-8 OF TOWN OF WAPPINGER CODE which is intended to be filed simultaneously in the Dutchess County Clerk's Office with the Plat. 2. Potable Water Easement. Subject to the terms, conditions and limitations set forth in this Easement, Grantor hereby grants unto Grantee an easement in, on, under and through all those portions of the Property which are described in (Easements 5 and 6) Potable Water Easement Areas the purposes of constructing, installing, operating, maintaining, repairing, reconstructing, replacing and inspecting water mains and appurtenances for the transportation of potable water . Without limiting the generality of the foregoing, the Potable Water Easement Purposes shall include: (a) the right of ingress and egress within the Property for persons, motor vehicles and construction equipment necessary to perform the Potable Water Easement Purposes, and (b) the right to clear, excavate, fill, grade, or cultivate and/or otherwise improve the Property for the Potable Water Easement Purposes, provided, however, that nothing shall unreasonably obstruct use of road(s) within the Property and nothing Attachment: Easement for Water Sewer Toll Land V to TOW (002) (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village -2- Packet Pg. 108 8.4.b shall unreasonably interfere with use of the Property by those residing thereon. Most of the water mains are contained within Roadway A although there are areas on the Property as identified and described on Schedule C where the water mains will be located outside of the proposed roadways as further reflected on the site plan for the Project on file in the Office of the Town Clerk of the Town of Wappinger Town. The water mains and any associated appurtenances ill be transferred to the Grantee via bill of sale and will be located within the Potable Water Easement Areas and at the conclusion of the installation/construction of the same appurtenances will be provided to the Grantee. Until such time as the aforementioned improvements are accepted by the Grantee, the Grantor is fully responsible for proper installation and for all maintenance and repairs and the proper functioning of the potable water improvements within the Property. The homeowners association or individual unit owners at the Project (and not the Grantee) will be responsible for the maintenance of the service laterals from the water main at the corporation valve to the individual units and will also be responsible for maintenance and upkeep of the although the Grantee shall have at all times access lies with either the homeowners association or individual unit owners at the Project with such responsibility to offering for sale of units associated with the Project. 3. Sewer Easement. Subject to the terms, conditions and limitations set forth in this Easement, Grantor hereby grants unto Grantee an easement in, on, under and through all those portions of the Property which are described in D (Easements 7 and 8) annexed Sewer constructing, installing, operating, maintaining, repairing, reconstructing, replacing and inspecting sewer mains and appurtenances for the transportation of sewage Sewer he generality of the foregoing, the Sewer Easement Purposes shall include: (a) the right of ingress and egress within the Property for persons, motor vehicles and construction equipment necessary to perform the Sewer Easement Purposes, and (b) the right to clear, excavate, fill, grade, or cultivate and/or otherwise improve the Property for the Sewer Easement Purposes, provided, however, that nothing shall unreasonably obstruct use of road(s) within the Property and nothing shall unreasonably interfere with use of the Property by Attachment: Easement for Water Sewer Toll Land V to TOW (002) (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village -3- Packet Pg. 109 8.4.b those residing thereon. Most of the sewer mains are contained within Roadway A although there are areas on the Property as identified and described on Schedule D where the sewer mains will be located outside of the proposed roadways as further reflected on the site plan for the Project on file in the Office of the Town Clerk of the Town of Wappinger Town. The sewer mains and Grantee via bill of sale and will be located within the Sewer Easement Areas and at the sewer mains and appurtenances will be provided to the Grantee. Until such time as the aforementioned improvements are accepted by the Grantee, the Grantor is fully responsible for proper installation and for all maintenance and repairs and the proper functioning of the sewer improvements within the Property. The homeowners association or individual unit owners at the Project (and not the Grantee) will be responsible for the maintenance of the sewer service laterals from the sewer main to the individual units with such responsibility to be set forth in the documents submitted to the attorney gen Project. 4. Restoration. All areas on the Property disturbed by exercise of the Easements the condition that existed prior to the disturbance. The easements herein granted shall be exercised and used by Grantee in such a manner so as to not cause any damage to the Property and Grantee shall be responsible for repairing damage caused by Grantee. 5. Prohibition of Structures. Grantor, its heirs, successors and assigns, is hereby prohibited from blocking or obstructing the water and sewer improvements which are being conveyed to Grantee as described herein above or below grade or planting trees or substantial shrubs within the areas of the improvements so constructed or constructing and/or maintaining any type of permanent or temporary structure including, but not limited to, underground pipes and conduits in, on, under or over the improvements without written permission of Grantee. Subject to the foregoing, the Grantor, for itself, its, successors and assigns, reserve the right to fully use and enjoy the premises herein described subject to the terms of this Easement herein granted to the Grantee. and appurtenances provided that all necessary approvals have been secured by Grantor. Attachment: Easement for Water Sewer Toll Land V to TOW (002) (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village -4- Packet Pg. 110 8.4.b 6. Duration. The terms, covenants and agreements herein contained shall inure to the benefit of, and be binding upon the parties hereto, and their respective successors and/or assigns, and all covenants herein shall run with the land affected hereby and shall be perpetual in duration and the Grantor shall execute and deliver any further documents necessary to assure the easements granted herein to the Grantee. 7. Modification. This Easement shall not be modified unless approved by Resolution of the Town Board of the Town of Wappinger and accepted in a writing executed and acknowledged by Grantor and Grantee and recorded in the Office of the Dutchess County Clerk. 8. Enforcement. Grantee shall have the right to enforce these covenants, restrictions and easements by proceeding at law or in equity. Failure by Grantee to enforce any covenant, restriction, or easement herein contained shall in no event be deemed a waiver of the right to do so thereafter. TO HAVE AND HOLD the said Easements unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the parties have executed this Easement as of the date first appearing above, intending the same to be recorded in the Office of the Dutchess County Clerk. TOLL LAND V LIMITED PARTNERSHIP TOWN OF WAPPINGER By: Toll Peppertree, Inc., its general partner By:___________________________ By:_______________________________ Richard Thurston, Supervisor James Fitzpatrick, Vice President STATE OF NEW YORK } }s.s.: COUNTY OF DUTCHESS} On the _____ day of December in the year 2021 before me, the undersigned, personally appeared JAMES FITZPATRICK, personally 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 Attachment: Easement for Water Sewer Toll Land V to TOW (002) (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village -5- Packet Pg. 111 8.4.b STATE OF NEW YORK } }s.s.: COUNTY OF DUTCHESS} On the _____ day of December in the year 2021 before me, the undersigned, personally appeared RICHARD THURSTON, personally 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 RECORD AND RETURN BY MAIL TO: Toll Land V Limited Partnership James P. Horan, Esq. TO Wallace & Wallace, LLP Town of Wappinger 85 Civic Center Plaza, Suite LL3 Poughkeepsie, NY 12601 Attachment: Easement for Water Sewer Toll Land V to TOW (002) (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village -6- Packet Pg. 112 8.4.c DEED (SEE FILED MAP NO. 11070B) THIS INDENTURE made the ___ day of December 2021 between TOLL LAND V LIMITED PARTNERSHIP, a New York limited partnership, having a place of business at 60 Merritt Boulevard, Fishkill, New York 12524, the , and THE TOWN OF WAPPINGER, a municipal corporation, having its office at 20 Middlebush Road, Wappinger Falls, New York 12590, the W I T N E S S E T H: THAT the Party of the First Part, in consideration of Ten Dollars ($10.00), lawful money of the United States, and other good and valuable considerations, paid by the Party of the Second Part, does hereby grant and release unto the Party of the Second Part, the heirs or successors and assigns of the Party of the Second Part forever; ALL that certain piece or parcel of real property with the improvements therein contained, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, more particularly described in Schedule A attached hereto and made a part hereof, being the Road A ROW in Hilltop Village at Wapping dedicated to the Party of the Second Part in that Offer of Cession and Dedication dated August 27, 2013 and recorded in the Office of the Dutchess County Clerk on August 28, 2013 as Document No. 02-2013-4448. SUBJECT TO the notes and easements related to utilities and drainage on the filed map for the subdivision and any state of facts an accurate survey may show. TOGETHER with the appurtenances and all the estate and right of the Party of the First Part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the Party of the Second Part, the heirs or successors and assigns of the Party of the Second Part forever; and AND the Party of the First Part covenants that the Party of the First Part has not done or suffered anything whereby the said premises have been encumbered in any way whatsoever, except as aforesaid; and AND the Party of the First Part, in compliance with Section 13 of the Lien Law, covenants that the Party of the First Part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement before using any part of the total of the same for any other purpose. The conveyance herein does not constitute the disposition of all or substantially all of the assets of the Party of the First Part. indenture so requires. Attachment: Deed for Road A Toll Land V to TOW (002) (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With -1- Packet Pg. 113 8.4.c be construed to include their respective grantees, heirs, executors, administrators, legal representatives, successors and assigns. IN WITNESS WHEREOF, the Party of the First Part has duly executed this deed the day and year first above written. TOLL LAND V LIMITED PARTNERSHIP By: Toll Peppertree, Inc., its general partner By: James Fitzpatrick, Vice President STATE OF NEW YORK ) )SS.: COUNTY OF DUTCHESS ) On the _____ day of December in the year 2021 before me, the undersigned, personally appeared JAMES FITZPATRICK, personally 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 Section: DEED Block: Lot: County or Town: Town of Wappinger County of Dutchess Title No. Toll Land V Limited Partnership TO RECORD AND RETURN BY MAIL TO: The Town of Wappinger James P. Horan, Esq. Wallace & Wallace, LLP 85 Civic Center Plaza, Suite LL3 Poughkeepsie, NY 12601 Attachment: Deed for Road A Toll Land V to TOW (002) (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With -2- Packet Pg. 114 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 115 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 116 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 117 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 118 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 119 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 120 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 121 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 122 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 123 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 124 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 125 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 126 8.4.d Attachment: Brentwood Drive - Title Policy (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 127 8.4.e Attachment: Executed Performance Agreement Performance Bond (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village Packet Pg. 128 8.4.e Attachment: Executed Performance Agreement Performance Bond (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village Packet Pg. 129 8.4.e Attachment: Executed Performance Agreement Performance Bond (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village Packet Pg. 130 8.4.e Attachment: Executed Performance Agreement Performance Bond (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village Packet Pg. 131 8.4.e Attachment: Executed Performance Agreement Performance Bond (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village Packet Pg. 132 8.4.e Attachment: Executed Performance Agreement Performance Bond (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village Packet Pg. 133 8.4.e Attachment: Executed Performance Agreement Performance Bond (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village Packet Pg. 134 8.4.f Attachment: 2020-05-12-Hilltop Village-treesSidewalk Bond-Reduct-ltr (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Packet Pg. 135 8.4.f Attachment: 2020-05-12-Hilltop Village-treesSidewalk Bond-Reduct-ltr (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Packet Pg. 136 8.4.f Attachment: 2020-05-12-Hilltop Village-treesSidewalk Bond-Reduct-ltr (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Packet Pg. 137 8.4.g Attachment: Maintenance Bond Toll Brothers (RES-2021-161 : Accepting Road & Easements For Regency Hilltop Village With Maintenance Packet Pg. 138 8.5 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-162 DOC ID: 5698 Resolution Awarding Contract For Annual Maintenance Contract For Rockingham Pond WHEREAS, there is a pond at Rockingham Farms that has undesirable aquatic weeds and vegetation growth; and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC provides monitoring and vegetation control services for waterbodies; and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC has submitted a proposed contract for annual maintenance services for the Rockingham Pond at an annual cost of $4,314.00; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby awards a contract for Annual Maintenance Services for the Rockingham Pond to SOLITUDE LAKE MANAGEMENT, LLC in the amount of $4,314.00. 2. The Town Board hereby authorizes the Supervisor to execute the contract documents after receipt of the necessary insurance certificates from the vendor. 3. The Town Board hereby authorizes the following budget transfer: Amount From Line To Line $ 4,134.00 B0915 Unallocated B Fund B7110.441 Rockingham Pond Balance Maintenance 4. The fully executed copy of the contract shall be provided to the Town Clerk for filing in his records. 5. This is a Type II action for a study regarding the permit. COMMENTS - Current Meeting: Amended to include: 5. This is a Type II action for a study regarding the permit. RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/6/2022 6:30 AM by Joseph P. Paoloni Page 1 Packet Pg. 139 8.5.a Attachment: Rockingham Farms Pond Annual Maintenance Proposal (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Packet Pg. 140 8.5.a Attachment: Rockingham Farms Pond Annual Maintenance Proposal (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Packet Pg. 141 8.5.a Attachment: Rockingham Farms Pond Annual Maintenance Proposal (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Packet Pg. 142 8.5.a Attachment: Rockingham Farms Pond Annual Maintenance Proposal (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Packet Pg. 143 8.5.a Attachment: Rockingham Farms Pond Annual Maintenance Proposal (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Packet Pg. 144 8.5.a Attachment: Rockingham Farms Pond Annual Maintenance Proposal (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Packet Pg. 145 8.5.a Attachment: Rockingham Farms Pond Annual Maintenance Proposal (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Packet Pg. 146 8.5.b Attachment: SOLitude Lake Management Why Us (RES-2021-162 : Awarding Contract For Annual Maintenance Contract For Rockingham Pond) Packet Pg. 147 8.6 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-163 DOC ID: 5708 Resolution Authorizing Release Of Security Posted In Connection With Route 376 Holdings, Inc. WHEREAS, by Resolution 2020-157, the Town Board previously accepted an Undertaking for Restoration dated September 24, 2020, executed by Route 376 Holdings, Inc., in the sum of Twenty-Five Thousand One Hundred Seventy-Seven Dollars ($25,177), to secure the approval was not granted; and WHEREAS, Route 376 Holdings, Inc. has received site plan approval and has complied with the terms of the Undertaking; now, therefore BE IT RESOLVED, that the Town Board hereby acknowledges that Route 376 Holdings, Inc. has received site plan approval and has complied with the terms of the Undertaking and authorizes the Cash Deposit in the sum of Twenty-Five Thousand One Hundred Seventy-Seven Dollars ($25,177) to be released. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 3:03 PM by Joseph P. Paoloni Page 1 Packet Pg. 148 8.6.a Attachment: Real Holdings - Route 376 Gas Station (RES-2021-163 : Resolution Authorizing Release Of Security Posted In Connection With Packet Pg. 149 8.6.a Attachment: Real Holdings - Route 376 Gas Station (RES-2021-163 : Resolution Authorizing Release Of Security Posted In Connection With Packet Pg. 150 8.6.b Attachment: Letter Requesting Return of Restoration Bond (RES-2021-163 : Resolution Authorizing Release Of Security Posted In Connection Packet Pg. 151 8.7 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-164 DOC ID: 5700 Resolution Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue And Sanctuary WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, Hudson Valley Animal Rescue and Sanctuary (hereinafter HVARS) maintains a kennel for boarding of dogs and other animals at its office located at 9 Barnes Drive, Poughkeepsie, New York 12603; and WHEREAS, in accordance with Agriculture and markets Law § 115(2), the Town Board wishes to contract with HVARS to provide shelter for dogs seized by the Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with HVARS to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, HVARS has presented to the Town a proposal for providing dog housing control services and the Attorney to the Town has prepared a Dog Control Housing Agreement WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above described. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Dog Control Housing Agreement, in the form annexed hereto, and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a copy of the Agreement to HVARS along with a certified copy of this Resolution. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/20/2021 12:49 PM by Joseph P. Paoloni Page 1 Packet Pg. 152 8.7.a Attachment: HVARS Contract (RES-2021-164 : Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue & Packet Pg. 153 8.7.a Attachment: HVARS Contract (RES-2021-164 : Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue & Packet Pg. 154 8.7.a Attachment: HVARS Contract (RES-2021-164 : Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue & Packet Pg. 155 8.7.a Attachment: HVARS Contract (RES-2021-164 : Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue & Packet Pg. 156 8.7.a Attachment: HVARS Contract (RES-2021-164 : Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue & Packet Pg. 157 8.7.a Attachment: HVARS Contract (RES-2021-164 : Authorizing Execution Of Dog Control Housing Agreement With Hudson Valley Animal Rescue & Packet Pg. 158 8.8 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-165 DOC ID: 5699 Resolution Authorizing Water Tenancy Agreement For Gasland Petroleum Property On Route 9D WHEREAS, Gasland Petroleum owns 1.802 acres of land having an address of 2361 Route 9D, WHEREAS, the Gasland has requested to enter into a tenancy agreement for the supply of water United Wappinger Water District is extended to include their property; and WHEREAS, the connection of the Property was considered as part of the SEQR review for the project and a Negative Declaration was issued by the Town Planning Board; and WHEREAS, the Conflict Attorney to the Town drafted a Water Tenancy Agreement to supply water to the property; and WH iron pipe along New Hamburg Road that is offer for dedication to the Town at no cost as well as run services to abutting properties that consent at no cost; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Town Board hereby approves the Water Tenancy Agreement with the Owners in the form attached hereto. 2) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk and provided to the Tenant. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 1:49 PM by Joseph P. Paoloni Page 1 Packet Pg. 159 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 160 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 161 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 162 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 163 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 164 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 165 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 166 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 167 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 168 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 169 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 170 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 171 8.8.a Attachment: Memo Tenancy Agree-Wappinger Water District Gasland (RES-2021-165 : Authorizing Water Tenancy Agreement For Gasland Packet Pg. 172 8.9 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-166 DOC ID: 5705 Resolution Introducing Proposed Local Law _____ Entitled Purpose Of Rezoning A Property To The R- WHEREAS, the Town Board is considering the petition of a resident at 26 Myers Corners Road to rezone the property from Conservation Commercial District to R-20; and WHEREAS, the property was previously zoned R-20 prior to the adoption of Local Law 4 of 2014 so it is consistent with the surrounding neighborhood; and WHEREAS, the Town Board is considering the adoption of the annexed Local Law to amend the Town Zoning Code to revert the property to R-20 Zoning; and WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is an unlisted action pursuant to 6 NYCRR § 617.4 and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; NOW, THEREFORE, BE IT RESOLVED: 1. LOCAL REZONING A PROPERTY TO THE R- 2. That the Town Board hereby schedules a Public Hearing on the proposed adoption of THE PURPOSE OF REZONING A PROPERTY TO THE R- at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 10th day of January, 2022, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and Updated: 1/6/2022 10:00 AM by Joseph P. Paoloni Page 1 Packet Pg. 173 8.9 Resolution 2021-166 Meeting of December 13, 2021 c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/6/2022 10:00 AM by Joseph P. Paoloni Page 2 Packet Pg. 174 8.9.a NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) 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. of the year 2014 A local law A Local Law Amending the Townfor the Purpose of Rezoning a Property to the R-20 District 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: Local Law 2021-12-09 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 175 8.9.a LOCAL LAW ___ OF THE YEAR 2014 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law for the Purpose of Rezoning a Property to the R-20 District." Section 2. Legislative Intent 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. The Town Board believes that it is reasonable and appropriate to amend the Zoning Map associated with Chapter 240, Zoning, of the Town Code. This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcel The zoning of the parcel listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Existing New Tax Parcel Subject Property Zoning Zoning Number(s) Address and Address District District Patrick S. and Theresa M. 26 Myers Corners Farley CC R-20 6157-02-787923 Road 24 Argent Drive Poughkeepsie, NY 12508 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcel listed in Section 3 above. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, Attachment: Local Law 2021-12-09 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) readopted and confirmed. 2 Packet Pg. 176 8.9.a 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 adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachment: Local Law 2021-12-09 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) 3 Packet Pg. 177 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 178 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 179 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 180 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 181 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 182 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 183 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 184 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 185 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 186 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 187 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 188 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 189 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 190 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 191 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 192 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 193 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 194 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 195 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 196 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 197 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 198 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 199 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 200 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 201 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 202 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 203 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 204 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 205 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 206 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 207 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 208 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 209 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 210 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 211 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 212 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 213 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 214 8.9.b Attachment: MX-5051_20211117_114441 (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Residential) Packet Pg. 215 8.9.c NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the ____ day of January 2022, at 7:00 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed A Local Law -20 District which will rezone the property at 26 Myers Corners Road from Conservation Commercial District to R-20. PLEASE TAKE FURTHER NOTICE that the Town Board is Lead Agency for this action and has determined that the enactment of the aforementioned Local Law is an unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly and the Town Board reserves its obligation to make a Determination of Significance until after the conclusion of the Public Hearing. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: December 13, 2021 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK Attachment: Notice of Public Hearing R-20 for 26 Myers (RES-2021-166 : Introducing Local Law Rezoning 26 Myers Corners Rd. Back to Packet Pg. 216 8.10 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-167 DOC ID: 5706 Resolution Introducing Proposed Local Law _____ Entitled WHEREAS, the Zoning Code of the Town of Wappinger has established the Conservation a non-residential district that permits certain commercial uses in environmentally sensitive areas of the Town; and WHEREAS, general warehousing is permitted in the COP district so the addition of self-storage warehousing is consistent with current uses permitted in the zone; WHEREAS, the Town Board is considering the adoption of a Local Law to amend the Town Zoning Code to permit self-storage warehouses in the COP District; and WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4 and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town Board hereby introduces for adoption proposed Local Law entitled 2. That the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law Road, Wappingers Falls, New York on the 10th day of January, 2022, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, the Full Environmental Assessment Form and the public hearing notice to the Dutchess County Updated: 1/6/2022 10:01 AM by Joseph P. Paoloni Page 1 Packet Pg. 217 8.10 Resolution 2021-167 Meeting of December 13, 2021 Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/6/2022 10:01 AM by Joseph P. Paoloni Page 2 Packet Pg. 218 8.10.a LOCAL LAW NO._____ OF THE YEAR 2022 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title: This Local Law shall be known and cited as Zoning Code in the Conservation Office Park District Section -II: Amendment to Chapter 240 Schedule of Non-Residential Uses The Code of the Town of Wappinger shall be amended by revising the Schedule of Use Regulations, Non-residential District located at 240 Attachment 2 to Chapter 240 (Zoning) by revising the Warehouse and Storage Districts HB HM NB GB CC SC HD COP AI PUD Use Self-Storage rental warehousing on SPU SPU SPU a minimum lot of 2 acres. Section -III: 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 to accomplish such intention; such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Attachment: LL Zoning Amendments Uses in COP for self storage (RES-2021-167 : Introducing Local Law Allowing Indoor Warehousing in COP Packet Pg. 219 8.10.a Section -IV: 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 -V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. Attachment: LL Zoning Amendments Uses in COP for self storage (RES-2021-167 : Introducing Local Law Allowing Indoor Warehousing in COP 2 Packet Pg. 220 8.10.b NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the ____ day of January 2022, at 7:00 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed AMENDING which will add self-storage facilities as a specially permitted use in the COP District. PLEASE TAKE FURTHER NOTICE that the Town Board is Lead Agency for this action and has determined that the enactment of the aforementioned Local Law is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as and the Town Board reserves its obligation to make a Determination of Significance until after the conclusion of the Public Hearing. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: December 13, 2021 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK Attachment: Notice of Public Hearing COP Self Storage (RES-2021-167 : Introducing Local Law Allowing Indoor Warehousing in COP Zones) Packet Pg. 221 8.11 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Correspondence Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-170 DOC ID: 5707 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 2:50 PM by Joseph P. Paoloni Page 1 Packet Pg. 222 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 223 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 224 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 225 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 226 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 227 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 228 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 229 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 230 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 231 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 232 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 233 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 234 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 235 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 236 8.11.a Attachment: 2021-12-13 (RES-2021-170 : Correspondence Log) Packet Pg. 237 10.1 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Budget Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-169 DOC ID: 5710 Resolution Authorizing Transfer Of Funds WHEREAS, the Town Comptroller has reviewed the 2021 Budget and has determined that certain budgetary transfers are needed due to unanticipated expenses; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the transfers requested; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfers to meet the current budgetary needs: Updated: 1/6/2022 9:40 AM by Joseph P. Paoloni Page 1 Packet Pg. 238 10.1 Resolution 2021-169 Meeting of December 13, 2021 COMMENTS - Current Meeting: Line A7110.421 should be changed to Line A7110.422 Line B8015.103 Director of Strategic Planning Stipend was reduced $2,000 from $6,110 to $4,110 RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/6/2022 9:40 AM by Joseph P. Paoloni Page 2 Packet Pg. 239 10.2 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-158 DOC ID: 5697 Resolution Acknowledging Appointment Of Confidential Personal Secretary To The Town Supervisor WHEREAS, the Town Supervisor is authorized to appoint a Confidential Personal Secretary; and WHEREAS, Honorable Supervisor Richard L. Thurston has elected to appoint Maria Giannos as his Confidential Personal Secretary; now, therefore BE IT RESOLVED, that the Town Board acknowledges the appointment by Supervisor Richard L. Thurston of Maria Giannos as the Confidential Personal Secretary to the Supervisor; and BE IT FURTHER RESOLVED, that the Town Board hereby confirms the salary of the Confidential Personal Secretary to the Supervisor as set forth in the 2022 adopted budget which salary is to be paid in 52 weekly installments retroactive to and commencing on January 1, 2022. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/6/2022 10:06 AM by Joseph P. Paoloni Page 1 Packet Pg. 240 10.3 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Budget Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-168 DOC ID: 5711 Resolution Authorizing Budget Transfer For Confidential Secretary Transition WHEREAS, the incumbent Confidential Secretary to the Supervisor will be leaving the Town and a replacement has been chosen by the Town Supervisor; and WHEREAS, the Town Supervisor has requested that the new Confidential Secretary be given a transition period from December 14, 2021 to December 31, 2021 to become acquainted with the duties of the job; and WHEREAS, the Town Comptroller has reviewed the 2021 Budget and has determined that a budget transfer is required to pay for the new employee during the transition period; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the transfer requested; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfer to pay for the requested new employee: Amount From Line Description To Line Description Unallocated Fund Balance $2,700 A0917 A.1220.0101 Secretary to Supervisor RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/9/2021 4:11 PM by Joseph P. Paoloni Page 1 Packet Pg. 241 10.4 Town of Wappinger Meeting: 12/13/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni W ITHDRAWN Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-171 DOC ID: 5712 Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding The Collective Bargaining Agreement WHEREAS, the Town and the Union are Parties to a Collective Bargaining Agreement to December 31, 2019; and WHEREAS, the Parties wish to put in place a CBA for a two year term commencing on January 1, 2020 and ending December 31, 2021; and WHEREAS, the Parties have reached tentative agreement to the terms contained in a Memorandum of Agreement, of a CBA for the term of January 1, 2020 through December 31, 2021; and WHEREAS, the Union has agreed to the terms of the MOA; and WHEREAS, the Town Board agrees that the MOA is appropriate and should be approved. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger hereby approves the MOA in the form attached hereto; and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Supervisor to execute the MOA on behalf of the Town and to deliver signed agreements to the Union; and BE IT FURTHER RESOLVED, that the Supervisor is directed to provide a copy of the MOA signed by all the parties to the Town Clerk to maintain in his files with the other contracts with the Union; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. RESULT: WITHDRAWN Updated: 12/9/2021 4:18 PM by Joseph P. Paoloni Page 1 Packet Pg. 242 10.4.a Attachment: 11.2021 MOA (RES-2021-171 : Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding Packet Pg. 243 10.4.a Attachment: 11.2021 MOA (RES-2021-171 : Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding Packet Pg. 244 10.4.a Attachment: 11.2021 MOA (RES-2021-171 : Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding Packet Pg. 245 10.4.a Attachment: 11.2021 MOA (RES-2021-171 : Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding Packet Pg. 246 10.4.a Attachment: 11.2021 MOA (RES-2021-171 : Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding Packet Pg. 247 10.4.a Attachment: 11.2021 MOA (RES-2021-171 : Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding Packet Pg. 248