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2023-03-27
Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5772 Monday, March 27, 2023 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 Joseph P. Paoloni Town of Wappinger Town Clerk Present 5:27 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda ........ ......... ....... ... ........ ..... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of March 13, 2023 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page I Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion Barbara Gutzler appeared to address the new rules attempting to limit discussion between Town Board members under the Section 'Discussion' where only Board members usually speak. She was concerned that the Public would be limited to a timetable in speaking during the Public Portions and Public Hearings. Councilman Casella replied that the justification of the guideline on the time limit was among board members during board'Discussion' and not'Public Portions or Hearings. He apologized for the misunderstanding. Ken Stenger appeared to thank the Supervisor for sponsoring the acknowledgement of the Mid- Hudson Development application. He addressed the new rules allowing items to be sponsored to be on the agenda. It shouldn't be conditioned on sponsorship. John Gorman, 6 Thomson Terrace, opposed the Mid-Hudson Development application. He opposed the continued attempts to build this project. Matt from Cedar Hill Road. Do what you are entitled to do. He opposed the Cedar Hill Development project. He asked for how the process works. Review and grant,pass on to planning board, or deny. Attorney Horan explained the process in more detail which can be found on the Town Video on the website. Bernadette spoke to say that the land is unable to be built-out as is because of the topography. To give alternative densities only allows them to get density that they could not get otherwise. She identified all three projects that do not access major roads. Not every acre is build able. Attorney Horan stated that any clustering will need town board action. Ken Stenger reminded the board of the repeal of 240-50 whose resolution was amended to include 6 paragraph which pointed to 240-19B, a clustering alternative, as justification to eliminate 240-50, a designed development. Sue Merritt truffle ridge rd. opposed this as it will serve as a precedence to the other two projects planned for this area. Chapin All Angels Hill Road asked many questions regarding the project. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 2 Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 V. Discussions 1. Acknowledge Application of Mid-Hudson Development Corporation dated March 7, 2023 - Thurston The issue came up whether an application was submitted. The Town Supervisor said it was a letter not an application. The Town Clerk corrected him and pointed out that The Town Supervisor sent the following email on March 23rd to put on the agenda the following text which it currenly reads: "Acknowledge Application of Mid-Hudson Development Corporation dated March 7, 2023": I/T J �� viii W,tlW19Sj��aYt Yt�J ➢ ,� YJ1I J ��J) � A 1 i i i This was forwarded to the town board at this meeting. The supervisor acknowledged and asked for the record to read'Letter'. The attached communication details this new plan, i.e. Letter or Application, submitted on March 7. While a November 2022 check was paid for a prior version and attached in the report below. Attorney Stenger had asked that the said payment be credited toward the new filed plan, whether it constitutes an application or not. The Supervisor said the board will see. As the discussion continued, the 2002 Cranberry project was the last cluster application that was added. He added that the planning board has to look at this. Supervisor Thurston added that 240-19B reads the Town Board'May'pass it on to the planning board. He suggested that the board pass it on to the Director of Strategic Planning, a.k.a. the Zoning Administrator, for Interpretation only. 2. Mid-Hudson Development Revised Plan 3. Motion To: Authorize the Director of Strategic Planning to Interprete the Mid-Hudson Development letter ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2023-46 Resolution Authorizing Budget Transfer For Building Access System Town of Wappinger Page 3 Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 WHEREAS,the Supervisor of Buildings and Grounds has advised that the locks and pass systems need to be replaced and sufficient funds are not currently budget for such replacement; and WHEREAS,the Comptroller has advised that purchases were made in 2022 and that the budget transfers should be authorized for the 2022 budget; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfer in the 2022 Budget: Transfers for General "A" Fund Amount From Line Description To Line Description $14,892 A0917 Unassigned B Fund Balance A1620.450 Operation of Plant, Contract The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-46 Q Adopted ,,, Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard ThurstonSeconder Q ❑ ❑ ❑ ❑ Defeated William H.Beale........................Mover... Q ❑ .... ❑ .. ❑ .. ❑ Tabled Angela Bettna iVoter... . ..... El ..... ❑ .....,...... ❑ ......,..... ❑ ... .. . .. . ❑ Withdrawn Christopher Phillips Voter ❑ Q ❑ ❑ AlI'llCasella............................... .Voter.... ......❑...... ......Q..... ......❑...... ....❑..... Dated: Wappingers Falls, New York March 27, 2023 The Resolution is hereby duly declared Adopted. 5. Motion To: Spend $3,134 for LED Conversion Robinson Lane * LED Conversion Robinson Lane Steve Frazier's estimate is $3,134 for the street lights for the driveway. No documentation was given to the Town Clerk for recording in these minutes. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 6. Motion To: Add Wi-Fi at Robinson Lane Park for an upper limit of$25,000. $25,000 to be paid out of Parkland Trust. Attached below are the two invoices. Town of Wappinger Page 4 Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 C r -. ,,,," /// rrr / .//., f, '„';, ,,,, ,”„„ ✓r -r�/ //. ,,,,i�/ r�%��%r/i����/�� . %/ % ��/ rr r � ,r f KKw �wwr r , r �'fimr mwfs«e�)�wJ WSW �d ,'!k✓ & W, ;'^N�"' i r r 'l/r��Jr ' ;/'�'/'% //�:'i:/%r l�lr ri/:4jrJ/, %✓//i// � ,,""��, «.«wr ",,,, /r r J, "/T ,.�u mu ma�u�Nm ��a�.va m�oomw�,ov wr mmW�, OPTION .I —System Purchase: $6,74,01,001 OPTIONm-. Flexible Paymerit /S r m S445�. Town of Wappinger Page 5 Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 7. Microsoft Office 365 - Bettina/Roberts Craig Roberts addressed the board regarding the $2,649 cost for email renewal coming up in June. He suggested the full Microsoft 365 suite. The cost for 33 users from the government pricing is $9,318. 8. Town of Wappinger Rules Update/Change -Beale/Casella The Following will be added to the Rules of the Town Board: 13. All items to be placed on the Town Board Agenda must have a Town Board member as a sponsor. No other internal or external person can place items on the agenda. 14. All documents placed on the dais or given to the Town Board at a meeting must be also given to the Town Clerk for publishing in the minutes of said meeting. 15. There will be a time limit on meetings for all discussion and resolutions to end by 9:OOPM. Councilman Beale addressed items such as: Sponsor Limit Number of items Forwarding items to a Workshop 9. Senior Property Tax& Disability Tax Exemption - Casella/Phillips/Bettina Assessor Harkins addressed the property tax exemption. 10. eCode Audit- Thurston Attorney Horan talked about an A.I. proposal for the code. After the audit they recommend changes. He said we have electrical codes from the 80's. Does analysis of words such they are consistent. He cited slope. He said 50% of the code are hold over from prior to 1980 ordinances. Cost is $5,000 for the investigation plus additional cost for codification. VI. Resolutions RESOLUTION: 2023-45 Resolution Accepting Undertaking Secured By Performance Bond For Restoration In Connection With Old Myers NY Llc Solar Farm WHEREAS, Old Myers NY LLC ("Applicant/Owner") is the applicant for site plan, special permit and wetlands permit approvals for the construction of a solar farm on a parcel of land totaling 38.09 acres that is designated as Tax Parcel 6258-03-376432 on the tax maps of the Town of Wappinger (the "Property");and WHEREAS, the Applicant/Owner has made a request, pursuant to § 240-93.1 of the Code of the Town of Wappinger, to allow for limited tree clearing and grading on the Property,prior to Town of Wappinger Page 6 Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 the signing of the Final Site Plan in order to have the trees cut within the allowable season to avoid impacts to Indiana Bats; and WHEREAS, the Applicant/Owner has delivered to the Town a Performance Bond in the amount of$30,000 as security for the restoration of the property in the event that Final Approval is not granted; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Performance Bond in the event the Applicant/Owner does not receive Final Approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Performance Bond bearing number 0835665 issued by Harco National Insurance Company to the Town of Wappinger in the amount of$30,000,is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Performance Bond in the sum of$30,000, as security for the faithful performance for the completion of the obligations set forth in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to file the aforementioned Performance Bond in his records,pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-45 Q Adopted ,,, Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Mover Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale Mover Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter El .... ❑ .....,...... ❑ ❑ .....,..... ... ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ AlCasella.................................Voter.............Q.................❑.................❑.................❑........ Dated: Wappingers Falls, New York March 27, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-47 Resolution Introducing Local Law No. 3 Of The Year 2023, "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines" WHEREAS, the Town Board is obligated to review the Fees and Fines of the Town of Wappinger from time and update them as required to reflect the Town's cost to process the permits and licenses; and WHEREAS, the Town Board has determined that this action does not affect the environment and is not subject to SEQRA; NOW THEREFORE BE IT RESOLVED,that the Town Board hereby introduces for consideration of its adoption a proposed Local Law entitled "AMENDING CHAPTER 122 OF THE CODE OF THE TOWN OF WAPPINGER TO UPDATE FEES AND FINES", in the form annexed hereto; and BE IT FURTHER RESOLVED,that the Town Board hereby schedules a Public Hearing on the adoption of the proposed Local Law to be held at Town Hall, 20 Middlebush Road, Wappingers Town of Wappinger Page 7 Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 Falls, New York on the 24th day of April, 2023, 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. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-47 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale...................... ..Seconder........Q..... ❑..... ❑...... ❑..... Q Tabled Angela Bettina......................... .Voter..... .......Q.......,.......❑.......,........❑.......,.......❑.... ❑ Withdrawn .,.Christopher Phillips.....................Voter... Q...... ❑.......,........❑.......,.......❑..... Next:4/10/23 7:00 PM Al Casella.................................Mover...,........Q.......,........❑.......,........❑........,.......❑..... Dated: Wappingers Falls, New York March 27, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-48 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log F-correspondence Log - 2 23-03-27 Number To From Cate ante Rec" I Re: Agenda ante 03-27-031 Town Board Commissioner of Finance 113112323 212412023 Statement 31101122-12'!31!22 312712'023 33-27-332 Town Board State Liquor Authority 212212323 3/312323 Liquor License Rigalia&.Sons LLC 312712'323 33-27-333 Town Board Heather L.Kitchen 31212.323 3115512323 February Monthly Report 312712'323 33-27-334 Town Board Carl S.Wolfson 31212.323 3/15512323 February Monthly Report 312712'323 t323Town Board Todd Bowen 3!14!2323 3/15512323 Resi nation 312712'323 � Town Board Kenneth M.Sten er,ESQ 312312323 312112323 Mid-Hudson Develo ment Cor...... 312712323 37E Town Board Kenneth M.Sten er,ESQ 31712323 312112323 Mid Hudson aevelo went Corp. 312712'323 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: .a Vote Record-Resolution RES-2023-48 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ . ....... ........ ....... ......... ....... .. ❑ Tabled Angela Bettina Voter... Q .... ❑ .....,...... ❑ ........... ❑ ... ❑ Withdrawn Christopher PhillipsMover Q ❑ ❑ ❑ Al Casella.................................Voter....,........Q.......,........❑.......,........❑........,.......❑..... 11 11 Dated: Wappingers Falls, New York March 27, 2023 Town of Wappinger Page 8 Printed 4/11/2023 Regular Meeting Minutes March 27, 2023 The Resolution is hereby duly declared Adopted. VII. Executive Session 1. Motion To: Enter Executive Session Collective Bargaining Agreement and Authorization for the security swipe system. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, 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 VIII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:00 PM. Joseph P. Paoloni Town Clerk ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 9 Printed 4/11/2023 DAY ............ 3 Van Wyck Lane Wappingers Falls,New York 12590 Phone: 845-223-3202 March 7, 2823 Town of Wappinger Supervisor Thurston and Town Board Members 20 Middlebush Road Wappingers Falls, My 12590 Sent via email and hand delivery ° Re: Cedar Ridge Heights Subdivision ° .y 240-19. Modification of lot requirements. B. Conservation Subdivision W Grid #6257-03-247036 N Day I Stokosa Job No. 2020.568 a ° IL Supervisor Thurston and Town Board Members, ° m ° The aforementioned parcel, number 247036, is located on Cedar Hull Road in the Town of Wappinger. The 139 acre parcel its currently zoned R40 (121.1 acres) and R80 (17.9 acres). It is the applicant's intent to subdivide the = property in accordance with the Town's zoning code, .240-19. Modification of dot requirements. B. E Conservation Subdivision. Q 0 m The proposedapplication for a Conservation Subdivision aligns to the Town's Comprehensive Plan and the a resolution passing Local Law 1 of 2023. r- 0 0 Included herein: _ As-of-right layout showing 90 parcels, proposed grading and stormwater attenuation features, 55 acres of open space and 1.94 miles of proposed road. .2 o Conservation Subdivision layout showing 88 dwelling units in 22 buildings, proposed grading and stormwater features, 117 acres of open space,0.28 miles of road. E E 0 Cleared check receipt from previous submission to Town Board v Existing Conditions The parcel has 9.7 acres of slopes in excess of 25%. There are 1,256 sf of wetlands located in the R80 zoning district. The onsite soils are comprised of Berna,rdston Silt loam (well drained), Chatfield Hollis complex (well drained and rocky), Dutchess Cardigan complex (well drained), Pittstown silt loam (moderately well drained) and Punsit silt loam (somewhat poorly drained and shallow water table). The majority of the proposed development is located within the Bernardston soil limits. The, entire parcel is currently wooded. There are no defined watercourses on the parcel. The parcel is located in the United Wappinger Sewer District, as well as in the Central Wappingers Sewer Improvement area, therefore it is the intent of the developer to connect to the sewer system. The Packet Pg. 10 Cedar Ridge Subdivision Grid#6257-03-247036 Page 2 of 3 Day I Stokosa Job No. 2020.568 developer is requesting the property be annexed into the water district. Both scenarios are proposed to tie into municipal water and sanitary services. The area is zoned as-of-right for single family homes. Based on the existing conditions and the Town's required density calculations, the parcel can be subdivided into 131 single-family home parcels. TOTAL AREA = 6,055,823 SF = 139 AC R80 AREA= 779,724 SF = 17.9 AC R40 AREA = 5,270,760 SF= 121 AC SLOPES GREATER THAN 25% IN R80 = 92,782 SF = 2.13 AC SLOPES GREATER THAN 25% IN R40 = 321,037 SF = 7.37 AC o REMAINING AREA N R80 779,724 SF—92,782 SF = 686,942 SF v R40 5,270,760 SF—321,037 SF = 4,949,723 SF a ALLOWABLE AS-OF-RIGHT SINGLE FAMILY DWELLING UNITS: R80= 686,942 SF/80,000 = 8 PARCELS °- R40= 4,949,723 SF/40,000 = 123 PARCELS N AS-OF-RIGHT LOT COUNT= 131 PARCELS > Single-Family„Home Impacts Based on the 10Th edition of the ITE, Land Use Code 210, Single-Family Detached Housing, in a General o Urban/Suburban setting a single family home generates, on average 9.44 trips per weekday, 9.54 trips per Saturday and 8.55 trips per Sunday.With 90 homes,the potential traffic impact is therefore 849 trips a per weekday, 858 on Saturday and 772 per Sunday. o The school age children (SAC) multiplier for single family homes, based on Rutgers University Center for Urban Policy Residential Demographic Multipliers is 0.58 (3 bedroom)--1.05 (four bedroom) per dwelling 2 unit. Using the average 0.81, a total of 73 SAC can be expected. 0 Conservation Subdivision Impact The density calculation for a Conservation Subdivision is based on what the as-of-right development can E support; in this case 90 dwelling units. o U The attached proposed Conservation Subdivision is submitted as an alternative layout in conformance with section 240.19.6 of the Town's zoning code, comprehensive plan and Wappinger's local law 1 of 2023.The layout includes 88 dwelling units;4 units in.22 buildings. In this current proposal each dwelling unit has 2 bedrooms. All structures are to be served by municipal water and sewer services. The Conservation Subdivision layout includes 1,500 feet of road. The dwelling units will be market rate, not subsidized. Multi-Family Dwelling Packet Pg. 11 Cedar Ridge Subdivision Grid #6257-03-247036 Page 3 of 3 Day IStokosa Job No. 2020,568 Based on the 10th edition of the ITE, Land Use Code 220, Multifamily Housing, in a General Urban / Suburban setting a multi-family dwelling unit generates, on average 7.32 trips per weekday, 8.14 trips per Saturday and 6.28 trips per Sunday. With 88 multifamily homes, the potential traffic impact is therefore 644 trips per weekday, 716 on Saturday and 553 per Sunday. The SAC multiplier for multi-family 2 bedroom rentals in a building containing S or more dwelling units and rental cost over$1,100 per month, based on Rutgers University Center for Urban Policy Residential Demographic Multipliers is 0.23 per dwelling unit for a total anticipated of 20.24 SAC are expected, ranging from K— 12tH grades. Comparison o SINGLE FAMILY HOMES CONSERVATION SUBDIVISION N ROADS (MILES) 1,94 0.28 U STRUCTURES 90 22 a WEEKLY TRAFFIC TRIPS 2,479 1,913 SCHOOL AGED CHILDREN 73 20.24 m This proposed Conservation Subdivision allows for 117 +/- acres of open space versus the 50 acres in an as-of-right development. _ a� E This proposal provides residential development, at a density less than feasible in an as-of-right o development. The Conservation Subdivision layout significantly limits impacts when compared to the > traditional as-of-right development. a 0 In the absence of being provided the Town "rule" or "law" requiring a sponsor to be placed on the Town Board's agenda this office respectfully requests to be on the upcoming Town Board agenda for the purposes of introducing the project, requesting to be annexed into the water district and requesting the Town Board authorize the Planning Board to modify the zoning regulations in accordance with 240.19.8 0 of the Town Code. Very truly yours, E E 0 U Amy Bombardieri Cc; Client, Ken Stenger,file Packet Pg. 12 Rhinebeck 5,2 MAID HUDSON DEVELOPMENT CORP. j Bank „.. P.O. Bax 636 FI5HKILL,NY 12524 50-7101/2219, (845)223.6985 11/30/2022 PAY TO THE, QMDER of Town Of Wappinger ** 1,000.00 One Thousand and Town Of Wappinger 20 Mlddlebush'Roa� Wappingers Falls, NY 12590 , MEMO auTJAaa¢ED SICM'TU l ' cedar dill Hees Tawn Board Fee.J . ° .,j'< 11'02512311° `1: 2259 ? 101SI: ? 50000 ?kj61j11" W 0 MID HUDSON DEVELOPMENT CORP. i N 2512 N Town Of Wappinger i 14/30/2022 .0 Application fee for Town Board A° 3 1,000.00 = a Received, t. NOV 3 0 2027 I E 'own of V 'n- o WP a W Rhinebeck MHDC Ch Cedar Hill Heights Town Board Fee �9 1,000.00 0 E E 0 U Packet Pg. 13 JFD Ft DV31nrr*LY { oHkco jq.ER9jgr-morLm Dapo srr nova y AT. 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'! 4 � yr,,5y 7 t ^c�. r >a � N+IGr°r r!✓ �I t^`�i r�� I��n �`��l'��' i lrr � ' E f / /jam,yy �"5 ' r J I 4, ✓r �k✓rr� iwzaa5 l uerl;'il�+r,�2/�' a/r,J1��Yshy� 4�t„��''w1 1(' �iiif�Yv�r lid i;lid + � � � �� / r,p f"i�a ” r�� r4 9 s 1 Ohl Y �i yia !✓ / i� �'�Jf /+/�wal5/, b i fir. vt`�a�, v�✓.r��r r � sl�',fi/is lrh� � ik K rl�; e� l u � 1 � tom✓ / f"✓rs f l� 0 W "Nee '�,",''r"' iii//✓a?/f P xlr ;r r�. a/ra �l D e."�--. r��f, ✓ �lJ i'��)��,' r �r"�: � l�o� � ��+ �`�/��` v,��✓iw�i �` r � ( �� r 1�1 1//v � r t/ilio r r r�„ J�r�:,fv"�i IO` /L�Fi /r��'alli✓,y/a^` '. � "''�l'�.''�1 r��ur1�il a/�"' tiu Gvd � �,Y�I�pJ l,�w ;,,,i,�ii a�iJiJ Z `���yiJh�,r ,�i + � ,�fr,�/,��� ��� �i, '���r ✓S �� ra� � o^” �rv�rr ^�"C � �,��✓//��i°� r� vi/ /io/✓�l r' 1����r� "�e� e�>e'�nil ����1���/r�r�w � ��u1 `� ��,, - �"'IS}�"/�✓� a��,l�t v' v�a�ralJ��lrri/p/l/ A �i?,e�����`��Aa����������?✓s'�"a'l.%`r^,/' Nr'ul,ar . � �f/ r-�✓�`��'� na"�' 9'� 7, I (D ��n/� r "�ar'� `rty I rI _------_ Lli0 to CL is LJ A ry T �� Packet Pg. 17 5.4 Town of Wappinger Meeting:03/27/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Budget Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors:Supervisor Richard Thurston RESOLUTION 2023-46 Doc ID:5936 Resolution Authorizing Budget Transfer For Building Access System WHEREAS,the Supervisor of Buildings and Grounds has advised that the locks and pass systems need to be replaced and sufficient funds are not currently budget for such replacement; and WHEREAS,the Comptroller has advised that purchases were made in 2022 and that the budget transfers should be authorized for the 2022 budget; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfer in the 2022 Budget: Transfers for General "A" Fund Amount From Line Description To Line Description $14,892 A0917 Unassigned B Fund Balance A1620.450 Operation of Plant, Contract ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [3 TO 21 MOVER: William H. Beale, Councilman SECONDER: Richard Thurston, Supervisor AYES: Richard Thurston, William H. Beale, Angela Bettina NAYS: Christopher Phillips, Al Casella Updated: 3/23/2023 1:14 PM by Joseph P. Paoloni Page 1 Packet Pg. 18 Custom Security Systems 684 Old Route 9 North Wappingers Falls, NY 12590 INVOICE Date 12/27/22 845-297-2700 Page 1 E M M M U U Town Of Wappinger Falls a, 20 Middlebush Road Wappingers Falls, NY 12590 m L O U- L Account No Invoice No P.O Number Sales Person Please Pay This Amount L 03626 P 437 14,892.00 a� Qty Part Number Part Description Price Each Tax Amount Install Access System As Per Quote 1000132 2/11/21 Revised 10/15/22 N 14,892.00 00 a� Base(3 Doors)- $8,700.00 Additional 7 Doors- $6,440.00 }c° Two Power Supplies- $322.00 Q Two 8 Port Net Switches- $75.00 0 Total For 10 Doors- $15,537.00 N (Installed 9 Doors)- 920.00 ---------------------------------------------------- $14,617.00 50 Printable Cards - 275.00 N 0 N co W D' V O L V 0 E Total Charges 14,892.00 Terms -Net 30 co THANK YOU- PLEASE PLACE ACCOUNT # ON CHECK Sales Tax 0.00 Total Due 14,892.00 U a E a Packet Pg. 19 Town of Wappinger Ordr� 20 MIDDLEBUSH ROAD DO NOT WRITE IN THIS Box }_ WAPPINGER FALLS,NY 12590 Date Voucher Received W PURCHASE ORDER & VOUCHER FUND-APPROPRIATION AMOUNT rn Department: W U U Q Custom Security Systems CLAIMANTS = NAMEMD 684 Sergeant Palmateer Way 2 A"ESS Wappingers Falls, NY 12590 m TOTAL $0,00 p LL ABSTRACT NO. L TERMS Due on Receipt VENDOR'S _ REFNO. DATES INVO Quantity DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT 12/27/22 P 437 m Install Access System As Per Quote 1000132 2/11/21 $14,89200 = Revised 10/15/22 L 0 Base (3 Doors) - $8,700.00 Q Additional 7 Doors - $6,440.00 0 Two Power Supplies - $322.00 Two 8 Port Net Switches - $75.00 0 Total For 10 Doors - $15,537.00 (Installed 9 Doors) - 920.00 M $14,617.00 N 50 Printable Cards - 275.00 w a� 0 L TOTAL $14,892.00 0 Dana McDonough $14,892.00 0 t Certify that the above account in the amount of It is tris and correct that the Nems,eervices,and disbursemertle Charged were rendered to or for the municipality on the dates stated;that no part has been paid or satis5ed;that taxes,from which the municipality is exempted,ars not included:and that the anhount claimed is actually due E a� N 2/27/23 aA,,, � Office Manager rn DATE SIGNATURE TITLE W W W (SPACE BELOW FOR MUNICIPAL USE) v U Q DEPARTMENT APPROVAL APPROVAL FOR PAYMENT The above services or materials were rendered or This daim is approved paid from the appropriations indicated above furnished to the municipality on the dates stated and the E charges are correct U Q DATE AUTHORIZED OFFICIAL DATE COMPTROLLER Packet Pg.20 6.1 Town of Wappinger Meeting:03/27/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Agreements,Contracts,Leases Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors:Supervisor Richard Thurston RESOLUTION 2023-45 Doc ID:5934 Resolution Accepting Undertaking Secured By Performance Bond For Restoration In Connection With Old Myers NY Llc Solar Farm WHEREAS, Old Myers NY LLC ("Applicant/Owner") is the applicant for site plan, special permit and wetlands permit approvals for the construction of a solar farm on a parcel of land totaling 38.09 acres that is designated as Tax Parcel 6258-03-376432 on the tax maps of the Town of Wappinger (the "Property");and WHEREAS, the Applicant/Owner has made a request, pursuant to § 240-93.1 of the Code of the Town of Wappinger, to allow for limited tree clearing and grading on the Property,prior to the signing of the Final Site Plan in order to have the trees cut within the allowable season to avoid impacts to Indiana Bats; and WHEREAS, the Applicant/Owner has delivered to the Town a Performance Bond in the amount of$30,000 as security for the restoration of the property in the event that Final Approval is not granted; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Performance Bond in the event the Applicant/Owner does not receive Final Approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Performance Bond bearing number 0835665 issued by Harco National Insurance Company to the Town of Wappinger in the amount of$30,000,is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Performance Bond in the sum of$30,000, as security for the faithful performance for the completion of the obligations set forth in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to file the aforementioned Performance Bond in his records,pending compliance with the terms of the Undertaking. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, William H. Beale SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/23/2023 11:21 AM by Joseph P. Paoloni Page 1 Packet Pg.21 6.1,a r- 0 U m UNDERTAKING SECURED BY SURETY BOND FOR RESTORATION o U This undertaking executed this 27th day of March, 2023 by OLD MYERS NY LLC, a = 0 0 New York Limited Liability Company, having an address of 501 Boylston Street, Boston, o 0 0 a� Massachusetts 02116 (the "Applicant"), and SEAN THOMPSON, having an address of 22 L 0 U- Old Myers Corners Road, Wappingers Falls, NY 12590 to the TOWN OF WAPPINGER, a = 0 m Municipal Corporation with offices located at the Town of Wappinger Town Hall, E 20 Middlebush Road, Wappingers Falls, New York, 12590. o L I. WHEREAS, the Applicant and Owner have made application for site plan, special m permit and wetlands permit approvals for the construction of a solar farm on a parcel of land U m totaling 38.09 acres that is designated as Tax Parcel 6258-03-376432 on the tax maps of the C Y fC Town of Wappinger (the "Property"); and 0 WHEREAS, the Applicant and Owner of the Property has made a request, pursuant a, 0 Q to 240-93.1 of the Code of the Town of Wappinger, to allow for limited tree clearing and U Q grading on the Property, prior to the signing of the Site Plan in order to have the trees cut Lo M N within the allowable season to avoid impacts to Indiana Bats; and Q 6 W WHEREAS, on March 20, 2023, at its regular scheduled meeting, the Planning Board 0 0 approved the Applicant's/Owner's request to clear the trees and grade in the area of12 0 0 disturbance, outside of the wetland buffer, subject to the condition that the Applicant/Owner L 0 agrees to restore the area of disturbance in the event Final Approval is not granted and a, 0 Y provided further that the Applicant's/Owner's agreement to restore the area of disturbance 0 0 a� E U Q Packet;Pg.22 6.1.a r- 0 was to be secured by a Surety Bond in the amount of$30,000, which amount was approved 0 0 by the Engineer to the Town, at the March 20, 2023 meeting;. _ NOW, THEREFORE, the Applicant/Owner hereby executes and delivers this L 0 Undertaking to guarantee to the Town of Wappinger that if Applicant's/Owner's application 0 L 0 for site plan, special permit and wetlands permit approval are denied or is otherwise U- 0 0 withdrawn, the Applicant/Owner shall restore the area of disturbance in a manner thata is U 0 acceptable to the Planner to the Town and the Engineer to the Town, and the E 0 L Applicant/Owner shall further restore the site grades to its undeveloped condition, as near as m practicable, to the satisfaction of the Zoning Administrator and the Engineer to the Town, L V within 120 days of the receipt of demand, weather permitting; and vi a� 0 If Applicant/Owner fails to restore the site grades by such date as set forth above, or a� such extended date as the Town Board may approve, then the Town of Wappinger shall have D a� 0 the right to draw upon the security posted to restore the Property. The Town shall provide m U U an accounting to the Applicant/Owner for the expenditure of such sums, and all amounts Q Lo �t remaining on deposit with the Town after the work has been completed, shall be returned to 0 N the Applicant/Owner. co As security for this obligation, Applicant/Owner delivers herewith to Town of 12 L 0 Wappinger the following security for faithful performance of this obligation: L A Performance Bond bearing number 0835665 issued by Harco National Insurance U- a� 0 Company to the Town of Wappinger in the amount of$30,000, said amount being the amount m 0 D 0 m E U Q -2- Packet Pg.23 6.1,a r- 0 determined by the Engineer to guarantee the restoration and which amount is acceptable to 0 0 the Town of Wappinger Planning Board and Town Board for such purposes. _ At such time that the Applicant/Owner has complied with all the conditions of the L 0 Resolution of Final Site Plan, Special Permit and Wetlands Permit Approval, the security for 0 L 0 the Undertaking shall be released. "- 0 0 IN WITNESS WHEREOF, the undersigned executed this Agreement on this U 0 day of March, 2023. E 0 L OLD MYERS NY LLC m a� L By: 0 coa, 0 Y fC STATE OF NEW YORK ) D SS: _ COUNTY OF DUTCHESS) U U On the day of March in the year 2023 before me personally appeared Q personally known to me or proved to me Lo on the basis of satisfactory evidence to be the individual whose name is subscribed to the N within instrument and acknowledged to me that he executed the same in his capacity, and that N by his signature on the instrument, the individual, or the person upon behalf of which the W individual acted, executed the instrument. 0 0 L 0 Notary Public L 0 U- Y fC D E V fC a� a� Q -3- Packet;Pg.24 DocuSign Envelope ID:39E9BC94-BEEC-4893-B57E-07B7FOFEA7FO 6,1.b I I C Surety PERFORMANCE BOND L O Bond N0.0835665 Premium: o LL KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned, m Old Myers NY LLC v E as Principal, and Harco National Insurance Company with its home o office at 702 Oberlin Road, Raleigh, NC a corporation organized m and existing under and by virtue of the laws of State of Illinois and duly authorized I- to transact business in the State of New York , as Surety,are held and firmly bound unto m Town of Wappinger L V (hereinafter referred to as "Obligee") vi in the penal Sum of Thirty Thousand Dollars&00/100 (530,000 ) dollars, for payment of which well and truly to be made contingent upon all of the terms and conditions hereof, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. a� SIGNED and sealed this 23rd day of March 2023 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named Principal did on the22nd day of March 2023 enter into a written contract with the v Obligee for Q Tree clearing retoration at 189 Myers Corners Road,Wappinger Falls NY 12590 Ln M N (hereinafter"the Contract"). N W NOW, if the said Old Myers NY LLC W shall well and faithfully do and perform the things agreed by Town of Wappinger = to be done and performed according to the terms of the said Contract, we agreeing and o m assenting that this undertaking shall be for the benefit of the Obligee herein only; then this obligation shall be void; otherwise the same shall remain in = full force and effect; it being expressly understood and agreed that the total liability Q Q of the Surety hereunder shall in no event exceed the penal amount of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments = issued by the Surety under this bond, whether to Obligee, to or on behalf of Principal and/or in o furtherance of the performance or satisfaction of Surety's obligations hereunder in any way Ln (including but not limited to costs incurred in undertaking or arranging to perform any work under or in connection with the Contract), are to be credited against the penal amount of the bond. M Further, Obligee hereby waives notice of the Surety's issuance,undertaking or agreement to issue o any such payment(s) and/or incur any such costs and Obligee covenants and agrees that the Surety may cease any and all work, payments or other performance hereunder of any kind whatsoever at any time that the penal amount of the bond has been reached or that the Surety deems the penal amount will be reached due to obligations incurred by the Surety (whether or not ;a payment has been issued therefor); all without any requirement of prior notice to Obligee, and Q that any and all further obligations of Surety hereunder shall thereupon be deemed fully and unconditionally discharged. Packet;Pg.26 DocuSign Envelope ID:39E9BC94-BEEC-4893-B57E-07B7FOFEA7F0 6,1.b If there is no Obligee Default, the Obligee having performed all of its obligations under the Contract,the Surety's obligation to the Obligee under this bond shall arise after: 0 a) The Obligee has notified the Principal and the Surety at its address described above o that the Obligee is considering declaring a default and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen �= L (15) days after receipt of such notice to discuss methods of performing the Contract. U- lf the Obligee, the Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the m Obligee's right,if any, subsequently to declare a default; and a) U b) The Obligee has declared a default and formally terminated the Principal's right to E complete the Contract in accordance with the terms of the Contract. Such default and 0 termination shall not be declared earlier than twenty (20) days after the Principal and a� the Surety have received notice as provided in subparagraph a above; and m c) The Obligee has agreed to pay the balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a contractor selected to perform the Contract in accordance with the terms of the Contract. °' rn a� Y When the Obligee has satisfied the conditions of subparagraphs a through c of the preceding - section,the Surety shall promptly and at the Surety's expense take one of the following actions: a) Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or Q m U b) Undertake to perform and complete the Contract itself, through its agents or through Q independent contractors;or Lo �t C) Obtain bids or negotiated proposals from qualified contractors acceptable to the o Obligee for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the Obligee and the contractor selected with W the Obligee's concurrence, to be secured with performance and payment bonds �- executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the Obligee the completion costs in excess of the balance of the Contract Price o°p only; or a� d) Waive its right to perform and complete, arrange for completion, or obtain a new Q Q contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to °� the Obligee, subject to all of the limitations as set forth herein and 0 particularly in subparagraph c above, and as soon as practicable after the Lo amount is determined,tender payment therefore to the Obligee;or Lo M 2. Deny liability in whole or in part and notify the Obligee citing reasons o therefore. m E U Q 2 Packet;Pg.26 DocuSign Envelope ID:39E9BC94-BEEC-4893-B57E-07B7FOFEA7F0 6,1.b Surety's liability to Obligee hereunder is limited to the reasonable costs of completion of the Contract in excess of the balance of the Contract Price, and Surety shall not be liable for any 0 other claims, costs,losses or expenses of Obligee or any other party of any nature whatsoever. L 0 Obligee agrees that amounts owed by Obligee to the Principal under the Contract shall be used for the performance of the Contract and to pay valid claims by subcontractors, suppliers and/or L others providing labor, materials and/or equipment to or on behalf of the Principal in the �0 performance of the Contract. By the Principal furnishing and the Obligee accepting this bond, they agree that all funds earned by the Principal in the performance of the Contract are dedicated m to satisfy the obligations of the Principal and Surety under this bond. The Obligee further agrees that Surety shall not be liable to Obligee or others for obligations of the Principal that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on E account of any such unrelated obligations or by any other claims of Obligee or others. 0 m No suit or action shall be commenced hereunder by Obligee: m 1. After the expiration of one (1) year following the date on which Principal ceased work on said Contract or Obligee declared Principal in default, whichever occurs first, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; 2. Other than in a state court of competent jurisdiction in and for the D county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the Q District in which the project, or any part thereof, is situated, and not U elsewhere. Q Lo No right of action shall accrue on this bond to or for the use of any person or corporation other M than the Obligee named herein or the heirs, executors, administrators or successors of the o Obligee. `� rn W Definitions: a) Balance of the Contract Price: The total amount payable by the Obligee to Contractor p°p under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received by the Obligee in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper Q Q payments made to or on behalf of the Contractor under the Contract. b) Contract: The agreement between the Obligee and the Contractor identified on the o signature page,including all Contract Documents and changes thereto. c) Principal Default: Failure of the Principal, which has neither been remedied nor waived, 0 to perform or otherwise to comply with the terms of the Contract. Lo d) Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay the Principal as required by the Contract or to perform and complete or comply with M the other terms thereof. o m E U Q 3 Packet Pg.27 DocuSign Envelope ID:39E9BC94-BEEC-4893-B57E-07B7FOFEA7F0 6,1.b O L Old Myers NY LLC O DocuSigned by: DocuSigned by: AttestLMaw Principal 1� Yd(tJw Lo fG liy 7E445g._ O m N V Harco National Insurance Company E L O DocuSigned by: DocuSigned by: AtteS tSbV+, t dVtn�t t By �btM�S m Thornhill . Attorney-In-Fact Seal Allison Thornhill Cathy Combs, Y- (Seal) � iNS Ti`s SPIAL � ; � ,904 a� CL d a W) M N O N U) W w O m L d Q Q cc W O O F- W) to M Go O N E t V f� a 4 Packet Pg.28 DocuSign Envelope ID:39E9BC94-BEEC-4893-B57E-07B7FOFEA7F0 NUVVEK OF ATTORNEY Bona# og3s��s HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609 S r_ 0 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey,do hereby constitute and 4' N appoint KELLY M. NIEMELA, CATHY COMBS, JAIMIE KANGAS, STEFAN K. ENGELHARDT, BRAD MAPES, EMILY NAGEL, MICHAEL L MERTZ, ELIZABETH HARMON, KARL CHOLTUS,ALLISON THORNHILL, SARAH HARREN O LL Portland, OR 0 0 m their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of as indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute, rule, regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply,to all intents and purposes,as if the same had E been duly executed and acknowledged by their regularly elected officers at their principal offices. 0 This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY y and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of d Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, N recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same a force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL Q FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2022 T �4 " STATE OF NEW JERSEY STATE OF ILLINOIS w; ' fid W)"0 Count of Essex o, o + r1AL Y County of Cook cue t O N Kenneth Chapman Executive Vice President, Harco National Insurance Company x""W,„�"�,W*” w and International Fidelity Insurance Company �. O On this 31st day of December,2022 before me came the individual who executed the preceding instrument,to me personally known,and, m being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and L INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. S Q CL w`%%Wtillrit'I"l" IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,at the City of Newark, ,� tib.• '. New Jersey the day and year first above written. N`¢ .exp,n°Q."��+ F 0 IV JESS Shirelle A.Outley a Notary Public of New Jersey CD ` My Commission Expires April 4, 2023 W) CERTIFICATION Cl) 0 I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set as forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the E whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. cc IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, March 22,2023. Q A01028 - SEAL — Packet Pg.29 -p agsa . 'a.��, INON. �,�. Irene Martins,Assistant Secre Town of Wappinger Meeting:03/27/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Local Law Intro Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors:Supervisor Richard Thurston RESOLUTION 2023-47 Doc ID:5937 Resolution Introducing Local Law No. 3 Of The Year 2023, "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines" WHEREAS, the Town Board is obligated to review the Fees and Fines of the Town of Wappinger from time and update them as required to reflect the Town's cost to process the permits and licenses; and WHEREAS, the Town Board has determined that this action does not affect the environment and is not subject to SEQRA; NOW THEREFORE BE IT RESOLVED,that the Town Board hereby introduces for consideration of its adoption a proposed Local Law entitled "AMENDING CHAPTER 122 OF THE CODE OF THE TOWN OF WAPPINGER TO UPDATE FEES AND FINES", in the form annexed hereto; and BE IT FURTHER RESOLVED,that the Town Board hereby schedules a Public Hearing on the adoption of the proposed Local Law to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 24th day of April, 2023, 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. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: TABLED [UNANIMOUS] Next: 4/10/2023 7:00 PM MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 4/6/2023 2:56 PM by Joseph P. Paoloni Page 1 Packet Pg.30 6.2.a 'O 'CJ US CfS m D 0 -0 Cn Cn x D 'o mm v � � m D =, a C � CD -0 C) ro . = or zs Q -a Cnoa' � -ucnow � � m v — Woo- v wo � � CD O O O 91' O Zr a �y N ,ro. 7 (WIl -� N �' CWJa ' — N 6, .fl. .9.a O Oj0 O 00 O ! > W O _. W O p ©" Co Cu o -' Ej oo Q1'.....q w > 0 y w w o� 5 6 yo O Q O O'...,..�,o n — O O © O O O ci m -n O N !U w O O w_O CD O 'O n fJ' Ua N va O �' c%1 in C/1 N 0 0 CL M CD CD CD -n y' o O N O O �. 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O' m Q t15 0 < m a N a � N CA -n O Cl d, ° Q (J N O N D o w v C O � N W c Q N G! G! W G! i6 >Z D M N O N M O Z 3 J f6 V O J >s c 3 O C r d' M N O {A N N N NO COSI hJ N �� w O O O O O CSP cn CTI til CSP Ch O O O O O O CS O C9 O O 77 CV I`J CF+ k41 4PY4Fs U, C, a.Yu ',. CiI7 i8r ca cea '3 W wr cn (G:7 a3 � E 0 MAB. 687 ., aa1 n. N Cfi 4f.4 '' 4Fa 014 G! — Ca cz ° CSt �rfY P,fb 4 LL TJ taN z, 0 w yu 3 c=M 3 c ¢wYr g E p "`] �m s iu �o I Q i J ".Y a;:l &b ;Yul K1"0 4:") C.PR A�tl (.3 k✓ Ck' Ul CXY M exr Ora ,a;;b�CD Cala Pe-r a� a:;, r,l �z c.� Packet �I9 6.2.a = C) A * 000000000O T1 T1 a o to ZZr :7 :7 :7s :Yp m (D Oc v) � mmmmmm �. v a N no 7 N N N -t -i CO CO !" (D Z Qj N A N O N i W CO a — (n (1 O Cfl [7? of A- Z3 0 cn C) �_ 5r 0 j 2. m ro v a ',m a Q m 75 30 o a o n m`N ¢s a C: v 0 w R'75,-a 3 ro m m' Q o = N. c CD m o m 3 ( — c f/Y W 0) 0 U) Z N Z ro 2. ro > 3. m n < � - C n m ro to O CD -w N 41 ? N r,,5 cn N n - �, N co 3 w -- GJ (n -. ro ro N cn O N N ©. N' N co d ..... w 3 sn 9. m sv cQ C/� Q `� p' x-0 •L Chi w CD N N CD N m r N, N n 3 ; 3 0 � o <D s CS N < roo 0 T7 LU .�-. 7'1 0 CD (D m o o o o sn c cr y 0 CD cylN 'ro C 41 — Z CD 7 U- ID. (o m m (D a, 0 F w U- D 3 v v a X M C14 3 N M O O C:) z c> 3 J f6 0 O J C 3 O C r d' M N O N '.,,,ba Hd ffl 4A ffl ffi ffl£R 49 S9 rlW CT cn Cm CT cn cn cn (n 0Ln -J 0 0 0 0 0 0 Q O O O m 43 N l U P Al ^-7 :.'A S Y J1J D CDJ :: ' rl 7 3 J E 0 3 3 S D YJ M I'. PO PO N) Nb\b b b 0.J k�)(71 ,, 0 C.J C)',..P'.b 0 0....C„V CD C:3 4.')'', f6 x x Y, h rv( C Y^.) 4a).Baa N 1 I'v7, Y IPM.b u*.)'. W PO C7 CD 0 0 f 1 C� f"7 C) C) LL ID C ',. fD' E mD N1) 4TJ U .a Packet Pg.35 6.2.b NOTICE OF PUBLIC HEARING Q TOWN OF WAPPINGER a m U- NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 24th day of April 2023, 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 N Board of the Town of Wappinger shall adopt a proposed Local Law entitled"AMENDING N CHAPTER 122 OF THE CODE OF THE TOWN OF WAPPINGER TO UPDATE FEES AND cl FINES" which would if adopted increase certain fees and fines in the Town of Wappinger. Z 3 PLEASE TAKE FURTHER NOTICE that the Town Board has determined that this action does J not affect the environment and is not subject to SEQRA. o J PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law are available for r- 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. 0- Dated: Dated: April 10, 2023 M BY ORDER OF THE TOWN BOARD N OF THE TOWN OF WAPPINGER di W JOSEPH P. PAOLONI, TOWN CLERK m E m E Q m U- 06 m m U- M N O N I- 0 O L V O V O Z E V Q Packet Pg.36 6.3 Town of Wappinger Meeting:03/27/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Correspondence Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors:Town Clerk Joseph P.Paoloni RESOLUTION 2023-48 Doc ID:5938 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log F-correspondence Lo - 22 - -27 Number To From Cate ante Rec" I Re: Agenda ante 03-27-031 Town Board Commissioner of Finance 113112323 212412023 Statement 31101122-12'!31!22 312712'023 33-27-332 Town Board State Liquor Authority 212212323 31312323 Liquor License Rigalia&.Sons LLC 312712'323 33-27-333 Town Board Heather L.Kitchen 31212.323 3115512323 February Monthly Report 312712'323 33-27-334 Town Board Carl S.Wolfson 31212.323 3115512323 February Monthly Report 312712'323 L27 Town Board Todd Bowen 3!14!2323 3115512323 Resi nation 312712'323 ETown Board Kenneth M.Sten er,ESQ 312312323 312112323 Mid-Hudson Develo ment C©r . 312712323 Town Board Kenneth M.Sten er,ESQ 317!2323 312112323 Mid-Hudson Development Corp. 312712'323 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: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/23/2023 3:08 PM by Joseph P. Paoloni Page 1 Packet Pg.37 o a o 0 0 0 ca r� w w w w 6.3.a' N N N N N N V - I 0 0 0 O O O O �I (M Cn .A W O O Ommmmmmmo O O d 0 AO? NO 905 t0 v m v Q Q a a CL CSD @ O CD 6 O _._. ......... ............... .. :0 7 f1 r CSD co 0 2 LD CD 0 � moo : oET �> %w cQ (C) CD =r CCD (D.. . 73. m m J (A fA 0O u fJ fJ (D CL C 0 Q L L n o wtW1 �' wrN�vc; U p zJ O .p N N LV -� y � co � N) � N) M ter„ d N N N N N Q Q Q O 0 0 0M N N N N N N N N W W W W W W W O O N W W W W WN N Or� (n W N � — � _ M w s � s '+ 1 Ul CIt Cn O .A- (D � � N N N N N N N n O O Q Q O 0 0 (D N W W W W W W W M -n -nr- CA ® O (� CD CD Z' — M Q N CT CS cc !� N N 2 2c� C w O CL �7 3 N `2 CD O : 0 ((D - O 7 O N O W e Q (D Q `� uCCD N S � #V +M+ O O 21 ;IJ v N y Q "a 'O CD CD (Q NCCD O O W N ro 0 0 N O O O P N ' r r C7 ca 'wwwwwwwo K) m N N N N N N N � y � � � '4 V N N N Ni�3 N N B Q Q O a 0 0 Q W N N N N N N 1 N W W W W W W W Packet Pg.38 6.3.a ook WILLI,A.m F. C. O"NEIL HEIDI SEELBACH COUNTY EXECUTIVE COMMISSIONER COUNTY OF DUTCHESS DEPARTMENT OF FINANCE 7 C) Received January 31, 2023 Joseph Paoloni, Town Clerk Town of Wappiner FEB 2 4 2023 20 Middlebush Road ,„ Wappingers Falls NY 12590 'C Wl�' Of Wappinger, Town Clerk, 0 J In accordance with Sub. 4 of Section 550 of the County Law, I herewith 4) transmit to you a statement of all moneys paid to the Supervisor of your Town by the � County of Dutchess for the period beginning January 1st, 2022 and ending o December 31 st, 2022, 4ULLk-- o U Commissioner of Finance 00 �t N O N co Date of Check Account Amount W r` N 06101/22 Mortgage Taxes: 524,536.22 0 11/30/22 540,657.69 N $1,165,194.11 N Payment in Lieu E 11/10/22 of Taxes 1,280.64 U 1,280.64 Q 01/28/22 Sales Tax: 290,300.83 03/25/22 11,304,328,40 04/25/22 49,165.37 04/25/22 22.2,261.26 08/01/22 281,273.15 10/28/22 273,932.20 2,421,261.21 Total for Town: $3,587,735.96 22 Market Street,Poughkeepsie,New York 12601-3254+(845)486-2025 Fax•(845)486-2158 www.dutchessny.gov Packet Pg.39 rev12302021 OFFICE USE ONLY i 15tateLkl" 0 Original Q Amended Date y . � .Autry 49 Standardized NOTICE FORM for Providing 30-D ante Notice to a Local Munici alit nit pard 1.Date Notice Sent: 2/22/2023 1a elivered by: Certified Mail Return Receipt Requested 2. Select the type of Application that ' e f 1L ith e Authority for an On-Premises Alcoholic Beverage License: ece ,gyp For remises outside the it e pY.� New Applciation � I Class Change �AIT For remises in the Cit New York: ��rV 0 New Application 0 New Application and Temporary Retail Permit Q Renewal 0 Alteration 0 Removal'row d g Of �^ 0 Class Change 0 Method of Operation 0 Corporate Change r f Cie., For New and Temporary Retail Permit applicants,answer each question below using all information known to date For Renewal applicants,answer all questions p For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s) J For Corporate Change applicants,attach a list of the current and proposed corporate principals v For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)forthe relocation = For Class Change applicants,attach a statement detailing your current license type and your proposed license type a For Method of Operation Change applicants,although not required,if you choose to submit,attach an explanation detailing those changes OQ Please include all documents as noted above. Failure to do so may result in disapproval of the application. W 2 This 30-Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board: U 3. Name of Municipality or Community Board: Town Of Wappinger o M Applicant/Licensee Information: o N 4. Licensee Serial Number(if applicable): Expiration Date(if applicable): U) W fl' 5.Applicant or Licensee Name: Rigaglia&Sons LLC ti 6.Trade Name(if any):I Tgp N M O 7.Street Address of Establishment: 235 Myers Corner Road Unit 9 N 0 8.City,Town or Village: Wappingers Falls , NY zip Code: 12590 9.Business Telephone Number of applicant/Licensee: (845)6565306 E 10.Business E-mail of Applicant/Licensee: frl a lla mall.cam Q 11.Type(s)of alcohol sold or to be sold: Q Beer&cider (D Wine,Beer&Cider 0 Liquor,Wine,Beer&Cider 12. Extent of Food Service: 0 Full Food menu;full kitchen run by a chef/cook 0 Menu meets legal minimum food requirements;food prep area required 13.TypeofEstablishment: Bar/Tavern ❑Seasonal Establishment . ❑Juke Box ❑Disc Jockey 0 Recorded Music ❑Karaoke 14.Method of Operation: (check all that apply) ® Live Music(give details i.e.,rock bands,acoustic,jazz,etc.); ❑Patron Dancing ❑Employee Dancing ❑Exotic Dancing ❑Topless Entertainment ❑Video/Arcade Games ❑Third Party Promoters ❑Security Personnel ❑other(specify): 15.Licensed Outdoor Area:0 None ❑ Patio or Deck ❑ Rooftop ❑ Garden/GroundsFreestanding Covered Structure (check all that apply) ❑Sidewalk Cafe ❑ Other(specify): Packet Pg.40 opla-revl 2302021 OFFICE USE ONLY Original (� Amended Date 49 16.List the floor(s)of the building that the establishment is located on; 1st 17.List the room number(s)the establishment is located in within the building,if appropriate; I NIA 18.Is the premises located within 500 feet of three or more on-premises liquor establishments? 0 Yes (+- No 19.Will the license holder ora manager be physically present within the establishment during all hours of operation? E) Yes (:) No 20.If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee: Name Serial Number 21.Does the applicant or licensee own the building in which the establishment is located? C1jYes(if YES,SKIP 23-26) Q No Owner of the Building in Which the Licensed Establishment is Located 0 J 22.Building Owner's Full Name: Syron Voutsinas v 23.Building Owner's Street Address: 1 235 Myers Corners Road = O 24.City,Town or Village: Wappingers Falls State: NY Zip Code: 12590 L L 25.Business Telephone Number of Building Owner: (631)338-6439 U 00 et N O Representative or Attorney Representing the Applicant in Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice W 26.Representative/Attorney's Full Name: Patrick DeLuca n N M 27.Representative/Attorney's Street Address: $West Oak Street G M N O 28.City,Town or Village: Amityville State: NY Zip Code: 11701 N 29.Business Telephone Number of Representative/Attorney: (631)264-2700 E U 30.Business E-mail Address of Representative/Attorney: I liquorlicense@yahoo.com Q am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon,and thatfalse representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 31.. Printed Principal Name: IPatrick DeLuca Title: Representative Principal Signature: Page 2 of 2 Packet Pg.41 TOWN QP WAPPINGER TOWN JUSTICE TOWN JUSTICE HEATHER L. KITCHEN CARL S,WOLFSON - i ► JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS PALLS, NY 12590-0324 (845)297-6070 (845) 7 ! FAX: (845)5)297-0145 29 -01 COURT HOURS: 0 Tuesdaysd 2nd and 4th Wednesdays 5:30 P.M. March 2nd, 2023 1st and 3rd Thursdays 5:30 P.M, Received o J Supervisor Thurston and Members of the Town Board MAR j X02 _ Town of Wappinger Town Hall 20 Middlebush Road Town of W a ppinger 00. Wappingers,NY 12590 L Town Clore 0 Re: Heather L. Kitchen, Town Justice Monthly Report, February 2023 v 00 �r Dear Supervisor Thurston and Members of the Town Board; N 0 N The following is a report of the cases disposed of during the month of February 2023; W 10 Penal Law matters resulting in 0.00 collected in fines and fees. N 189 Vehicle and Traffic Law matters resulting in$15237.00 collected in fines and fees. o 8 Civil matters resulting in $102.00 collected in fees. N 16 Termination of Suspension matters resulting in $1610.00 collected in fees. N 7 Town Ordinance matters resulting in$80.00 collected in fines. a� 2 Transportation Law matter resulting in $250.00 collected in fines. E U I have forwarded a check in the amount of$17279.00 to the Town of Wappinger Q Comptroller. In addition, I am holding $2,721.00 in pending;bail. Respectfully submitted, Heather,' h.! Town JLc cc: Joseph Paoloni, Town Clerk Packet Pg.42 TOWN OF WAPPINGER TOWN JUSTICE O TOWN JUSTICE HEATHER L, KITCHEN ' CARL S.WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPfNGERS FALLS, NY 12590-0324 (845297-6070 (845)297-7739 FAX: (845)297-0-01T 45 COURT HOURS: Tuesday 5:30 P.M. March 2'd, 2023 2nd and 4th Wednesdays 5:30 P.M. Ist and 3rd Thursdays 5:30 P.M. Received 0 Supervisor Thurston and Members of the Town Board -j Town of Wappinger Town Hall MAR 1 p 2023 m 20 Middlebush Road Wappingers,NY 12590 Town of Wappinger N Town 2 Re: Carl S. Wolfson, Town Justice Monthly Report, February 2023 0 U Dear Supervisor Thurston and Members of the Town Board; �00* M N O The following is a report of the cases disposed of during the month of February 2023; . v W 9 Penal Law matters resulting in$125.00 collected in fines and fees. 216 Vehicle and Traffic Law matters resulting in$17,335.00 collected in fines and N fees, o 7 Civil matters resulting in$46.00 collected in fees. o 24 Termination of Suspension matters resulting in $2,380.00 collected in fees. N 5 Town Ordinance matters resulting in $200.00 collected in fines. 1 Public Health Law matter resulting in $0.00 collected in fines. E 1 Tax Law matter resulting in $0.00 collected in fines. Q I have forwarded a check in the amount of$19,886.00 to the Town of Wappinger Comptroller. In addition, I am holding $16,599,00 in pending bail. R c 1pyubmitted, Carl S: Wolfson, Town J- stice cc: Jos&ph.Paoloni, Town Clerk Packet Pg.43 6.3.a IR Awlecei March 14, 202344A 2023 Town of Wappinger 7-O ri off° a 0V 20 Middleb sriO n / ! ° Wappingers falls, NY 12590 Dear Supervisor Thurston and.Town Boa 2() I am writing to inform you that I am resigning from my position at the Town of Wappinger. 'After careful consideration, I have decided to accept a new job opportunity. As you know, change is vital for progress, I believe that this new joky will help me achieve my future goals and I am grateful for everything I have learned working at the Town of Wappinger. a� Working for the Town of Wappinger, for the past almost 2 years has been an experience. I would � like to personally thank Supervisor Thurston and Councilman Neale for their continuous support. I have learned a lot from the opportunities provided to me here and have seen myself grow personally as well as professionally during my tenure. Q Cn Over almost two years, in my role, I have sought with all my energy and determination to serve o all the people of the Town of Wappinger. This is not a goodbye as I will remain an active v community member volunteering and serving with many community organizations in the area. 00 M N With that being said, I would life to inform you that my last day as a Town of Wappinger N Employee will be Saturday, April 1, 2023 (to assist at the Easter Egg Hunt) effective at 11:59pm. Co ti N M Thank you, q M N O N C E Todd Bowen e Q .. Packet Pg.44 N 0 1.136 Route 9 W.O.Ppingers.Falls' L71MRNP New Xarl(1.259:Q O :is )4unal Build Eng nF15��d�����nterPlaza Stir�tc� 104 a' (645).298-.2000 PCug6kk:op3ie, NY 12601 Pa, p aaa8 Er;E',F ,N,,t (845).198=2E342 0"5 Khgstor Of (,e �'� it7foC�?s.dgl��.•nci�r :3t13 C;Iin:trs,-�.AuPni,� sd:glamcom h.. 0,202:3 Kirpston,NY'f2401 I1taF,e!t- ENAA O ICelln�fh�,SY.�Ctg�4� DL Riclrard L. Thl<rrston, Supervisor (�zlrzrr,�rr��i�xitrJlc�t� �s tt�Jr�rri' p�sv) Stephen C.Dfarnoncl* To" of Wappirtger Jessie;1, l�s� 20.Middlebush jtoad Ka n E.11�)pstrarrr Wappi tigers:Fal:ls,'NY 12590 ar G,Clnc� J rr, . rr r l (1)a AJ.hE e Joseph Paolon ,Town clerk (I&0St nttr u trrr-r(2�r Ir crfl t„is rxr) u Albert P,lie a r s Town of Wappinger Town Boa=d: m PARTI' ERS MERITUS 20.Middlebush Road o Wappingers Falls,NY W90 :z Mary KpteEIS.I'!]alm i Ike. 1�fid udsojz DeveloprnentCo:ri). will Own rad`�Y�appi ger Received o Ce4or Hill HeigldN v Q1=fC?WH5EL SD rile No. 3 913 0.610 6 MAR2423 CO d' 04 M Joan F.,G@rro-t — GOT tl.ornell; Town of Wappinger N PAALWALs l'write to rem] you to Placa yrny 0ient's app]ieatiar, on the agenda for' r t: O er W ilzalaeih Jw�rrl :cci the Tow BOa.rd on the even;i118:ofmarch 27,,2023. The orlgkial submission date was �— March 8,2023, as evidenced by the enalosod times:lmmpod copy ofthe saute, Given the )�:nmferArno N fact that a.pWA iters were el!eared at the Towtr Board's last meeting, even thatigh it was: M Ancon 6;'awln o truncated rn time,there is no:reason.why this.m atter cannot'c,01-tie before the Board for M I.Afnmy3chrsDh discussion, o 04 .laWan 1s/-d. n:a A wri 5e:cor Please advise iaxrrnediately if the matter will.pot ire placed qoa t;l e ageada for my r° sm m whatsoever, 1.w>;+mrld, remind each of.f yotr that there 19 ria legal requirenActit that my E CL05ING CO r 1 INATQRS:elrent's:apPlication.b.e ``sponsored'"by arty member.ofthe'lown T3aard as a,Con idOil af'it t lariat lanes being heard, Q ondri A,Tuq-.ier would reqttest that erre Dave confirrrtzatiorl:of'tha cirrarrrx�rst:ati.�c by no later than:clos.e of business Wed:twsday,Marchi 22,,x:021; °ALsOA,cMI F IN FLL'ihtA AL5QADV U.EDITA CT T--hw.leyou, Vere Mily YOUrI3, TENGER;,UI.fA,It OND &GLASS,1,LP KENNETH M, ST LAGER,ESQ. LLSS�,nge�"laws Col 11 .iCM':Sfklg: Eric. i=l Nid-Hudson Developcnerrt Corp. Packet Pg.46 mss, { ° 001136 Rout.e'0 SYEJSG&R Waixpin9ars FaIIs NAMOND . . � � irk 1259�0 E'r�ticlhlse0051e�Journal paaEldtng 85 Civic CEriter Plazaj,,Suite 1.0 (845 24 - �iCfq Pmighkeepsa.a,ABY 1260,1 ?&a:(8451 2'9kt•.�84?. ® 0 hty�i� a� Ci,n3`p- 6:Infoft4g�awcom 1fingston Office, 403 C(inton Alie;[1,U4 $' s.t{$law:eorn45\ KingstonMY 12401 Ie lt"tr,znr,,s,lE, March 7; 20.23 Kemieth M.Stenger 5ieph.en E:CIIa2TitinC4' . Jcsslm);Glass VJA EMAIL ONLY..y,.(Hard Copy to be Delivered 31 0.23 Karen E.:Nag-train ian C,Urldars Dr, R chard L,Thmston,SUPQrviSot W IOU 'down of Wappiager Ilar, ,1��ur0 iddlebush Road POTN R�fMMTUS Wappiiigers Falls)NY"12590 � 0 Q Mary.KntL-Ephralm Joseph Paoloni,1'awo.Clerk - I i�rr i r� v zt� ► Oemin -c� ::..`xi v. 2 U Jad Haddad To"of Wappinger"1'oa Board o 20:Middlebtish Road. Of COuNM Wappingers Falls,NY 12590 �CO,, 3onl;Gzirt .aeceive N Re, 16fid-Hudson Pevetop mens Corp, with Town of Wopp ger N PARALEGALS Cedar HVI Redgho CO Elizab�th.Antica�eef SDG.File No, 3913.x 1.90 MA2023 R.l 1 l nc lfer rrio ! ®Wry A° f F�i a i eMam N TownA�. O `C15"Iir1Y�071d`Bbff w,�, .•� This'law fii'rm represents Mi&Hudsozi.Dcvelo'p1x>ent Corporation. This letter 04 nlilF)o Wdlna covers a submission shade by Day/ tokosa Enhxeering .PC,which seeks Alison authority frora the Town Board to make a'Development Application to.the Planning.Board under X2;40-19(b). E cLcaira eciiilrAl;o:rs U Maria L.Jones, 1 write to you wider the:authority of the rules of the`bwo.Board o1•fht1 ToWn of Q Sandra AI Turner Wappingers, particularly Section:3(l J; which states that the Town Board agenda shall be prepared,almly by the supervisor and Town Clerk, 'ALSO r3raMMED IN FL r HA ucst Haat Atsr��R1�irTPt�IN CT 1 wtito with the re q ,pursualit'tcr Town.Law: A Town,Qo+ie §240- 19, 24019, that nay client's request;that,the Town Board provide autl'iotity to the.Plarining .Board to modify zoning rogulations, in the district in.which'rrly client's application is located pursont to §240.19(b)and Town law§278, be plated an the next available:agenda, Packet Pg.46