2022-0411 (2)Town of Wappinger
Regular Meeting
Minutes
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Joseph Paoloni
(845)297-5772
Monday, April 11, 2022 7:00 PM Town Hall
Call to Order
Attendee Name
Or anization
Title
Status
Arrived
Richard Thurston
Town of Wa in er
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Su ervisor
�?
Present
7:00 PM
William H Beale
.,
Town of Wa in er
Councilman
Present
tl➢/
7:00 PM
Angela Bettina
Town of Wa in er
I Councilwoman
Present
7:00 PM
Christo her Phillips
..........,,,,............,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,
Town of Wappinger
.,,,
Councilman
Present
7:00 PM
Al Casella
Town of Wappinger
Councilman
...........,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,
Present
7:00 PM
Jose h P. Paoloni
....................,,..............,,1-1111
Town of Wa in er
1111,,1111,,1111., Ill',,,,.,,,,, ",,,,,,.,,,-,,,,,,1111,,1111., Ill',,,,.,,,,,",,,,,,.""),,
Town Clerk
........................................
Present
........ ,.,,,,,,,.,,,,,,,,,,,,,,,,,,,.,,,,,,,.,
7:00 PM
Michael Sheeha
, ,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,
Town of Wa in er
Hi hwa Su erintendent
...................................................,.,
Present
7:00 PM
Salute to the Flag
Agenda and Minutes
1. Motion To: Adopt Agenda
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Acknowledge Minutes of March 28 and April 2, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
IV. Presentations
1. Child Abuse
Kimberly Haight addressed the board to present on Child Abuse. She explained that over 1000
reports of child abuse are filed every year. She appeared to thank the Town for putting forth the
following Proclamation and Resolution. Her Contact information is www.thecpca.org with a
phone number (845) 454-0595. There is a Gala on the 12th.
2. Resolution 2022-92
Town of Wappinger Page I Printed 811612023
Regular Meeting Minutes April 11, 2022
Resolution for April as National Child Abuse Prevention Month
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
3. Central Hudson - Q & A Period
John Lasurgeon from Central Hudson came to discuss the increases in energy costs taking place
in the Hudson Valley. They are seeing events effecting energy prices. The forecast is for higher
energy costs throughout 2022.
He said, "Exports of Liquid Natural gas are effecting the domestic Gas and Electricity prices
here in the US."
The closure of Indian Point and congested power lines are adding to the problem. Delivery and
taxes are regulated and have not risen. Supply prices are what is sharply going up. Prices are
pass -through. When Natural Gas prices increased 33%, electric prices doubled. Continued
increases in Natural Gas led to the repeated increase in electricity prices. Hedging to control
volatility led to 2020 decreases in Natural Gas of 28% and 30% in electricity. And, 2021
decreases of 11% in Natural Gas and 24% in electricity.
He explained other measures that were taken to reduce costs. Options available are payment
assistance programs for veterans, Medicaid applicants, and other information available on their
website. 3rd party suppliers can help to reduce volatility in prices. A full account of the
presentation is available on the Town Clerk page of Minutes and Agendas on the Town's
website. A switch to a new billing system overwrote actual meter reads with estimates for some
customers. Additional representative are being brought in to add to customer service.
John Anderson from Diddell Road asked why it took a call to the Public Service Commission to
get $1,200 back in over charges for utility bills.
V. Public Hearings
1. Motion To: Open the Public Hearing
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Resolution Introducing Local Law Of 2022 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 2 Printed 811612023
Regular Meeting Minutes April 11, 2022
RESULT: CLOSED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VI. Public Portion
1. Motion To: Open Public Portion
COMMENTS - Current Meeting:
Robin Licari asked what is on the agenda given the 111 pages. The Supervisor explained that the
attachments make up the majority of the pages which relate to the discussion and resolutions as
backup.
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: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VII. Discussions
1. Alpine Commons Development Plans Introduced
Neil Alexander, a law firm partner representing Diamond Properties and Dakota Projects, cane to
discuss the Diamond Properties proposal at the Alpine Commons to make it a village in a village
concept allowing residential in a shopping center zoned district. The property is 86 acres which
includes the BJs store and vacant stores and 40 plus acres of un-developed land. The plan is to
re -tenant the building and add residents above what was once a supermarket and to re -purpose
the parking lot for potential use for farmer's markets, concerts, and restaurants. The un-
developed land would be for veteran/disabled housing and another un-developed land for 144
apartments in 5 buildings. To unlock this plan, they are introducing a zoning change that would
allow residential in Shopping Center zones. They are not proposing a gas station. The purpose
is to increase the uses in a Shopping Center zone. Councilman Phillips asked about the Hotel
that planned in a previous version of this plan. Mr. Alexander was non -committal. Dakota is
committed to develop the 144 apartments which he defined as number 5 and the apartments
above the former shopping center which he defined as number 2. Afterwards, Diamond
Properties will look at the parking lot at what he defined as number 4 for restaurants and such.
2. 2022 Road Paving - Town Roads, Town Hall
Town of Wappinger Page 3 Printed 811612023
Regular Meeting Minutes April 11, 2022
R. 2022 Pavinri
Please see attached letter for the list of roads to be pavell
The total miles to be paved is 7.17.
TFTe are using the Dutchess County Bid for blacktop pricing and rental rates for
equipment for paving and milling of the roads.
The, estimated cost for blacktop is $9851110.
" r 11
The estimated cost for the rental rates of equipment for milling the roads prior to pal
$234,080 fordays.
Project Various Streets in Wappingers
Address
I 'Vlmfll
Dense
Binder
a
Ili
Town of Wappinger Page 4 Printed 811612023
Regular Meeting Minutes April 11, 2022
THESE ARE TODAYS PRICES FOR YOUR MAJOR STREETPAVING.
ASPHALT WILL BE SUB3ECT TO A LIQUID ASPHALT PRICE AD)USTMENT.
ASPHALT 0 MARCH 2022.
'.pp a u AC.
AC.
WE CA G IT',,
3. Town Fiscal Update - Fredrick
Town of Wappinger Page 5 Printed 811612023
Regular Meeting Minutes April ll,2022
Comptrollers Report IEind of First Quarter 2022 Review - 4/11/2022
HEMUE U19"lifflin - AN QE MAU'l, 2022
Fines & Forfeited loll [A26 10] Revenue, for ]an 81 Feb $601,801 (26%) out of a
budget of $232,01100. Average revenue prn, $30,1400.
�Mortgage Tax [A3,0015] First Quarter Revenuels $253,815 (551%) out of a bud
get
of, $4,64,308 Mortgage tax revenue for the, period OctoN!r 202 1,, -March 2022, Will be
received In Rine 2022. Mor°tgage tax is received twice a year (June .December
from Dutchounty. Average IMortgaige Tax approx. 85,000 per month.
Rental of real Property [A2410] First- quarter, revenue $56,1913 (24%) out of
annual budget or $240,000.
• Building Perm, its [1111125910] Total collectJons $73,597 (23%) out of annual, budget
of $3,20,00110.
Pllanining Board Fees [132115] Total collections $1 7,200 (480%) olut,of annual
budget of $36,000.
$afety inspection Fees [91560] Total colledions $22,Q46 (,55%) out of annual
budget of $40,000.
Zoning Fees [B2110] Total collections $5,35121(33%) out of, annual budget of'
Other.Uabiiiifies,,[AO688].,"ARP A 50% allocation received in August 2021 of
$1,133,637,612 back moved from -capital fund into ffie "A" fund . Per new guidelines
Jssued by Office. of NYS, Comptroller, funds s/b rmorded as a liability in ",Ak� fund
until spent. ARPA funds rernains unspent, Eligible uses,, Jnvestmnt ion water, sewer,
aM broadband infrastructure. First reporting dea�dfine to submit Project and
Expenditure Report to Fed s Is April 30, 2022. Board ded slogin on, where to spend the
funds required ino v,
'Sum E !99PQRT �AS OF MAR 11L, 2Q2,2
* A fund revenue received $3,2015,661 (730/a, of'Sudget)
a B Wind revenue received $120,668 (5% of Budget]" ,ale tax revenue for the
'first quiairter of 2022L not yet received. Sales tax growth payment of $1 3m,, for 2021
recelived In March 2022.
# DO fund revenue received $3,587o2,55 (840/a of Budget)
* A fund expenditure $1,102714101(23% of adopted budget)
s gfund expenditure $384.,7'4(160/o of adopted budget)
a DBfund expenditure$851,lr341(20%of adopted budget),
Town of Wappinger Page 6 Printed 811612023
Regular Meeting Minutes April ll,2022
CASHRALANQ tf"RT—AE Qf_MAR. 31,2
N2
• Town- id [A] find $,3.,542,949 Chase Bank
• Pain -town tBI fund $6.,694,,041 Chao, ,e Bank
• Highway [D61 fund $6,,233,405 Chase Bank
• Ambul'ance [AMI fund $39,19,64,3 PCS,'13 Bank
Lighting distnict funds $122,8,37 PCSB, Bank
Water funds $2,529,856 PC5B Bank
,Sewer funds, $3,461,909 PCSB Bank.
o CapW funcLs $7,183,06PCSIB Bank (ARP A funds of'$1,133,637.62 moved back to,
A FUnd on 4/61/2022,
* PlannIng, Zoning, Road Inspe(tion Escrolvv funds $442,758 PC5B Bank
* Trust $ Agency Mcount861,473 with Mahopac Bank, (includes Par klainds Trust
funds $432,2141.
Projected Fund Balances —As, of March 31, 2022
ii
LTnt .1 _��-oect Fund Balance
P A-i "i F�_nd . . .. . ......... .
art-
LN,Pq.§_P . . . . . . . .... . . .............. $715-
Reserve fo�r Debt
050.
,sc neo�us R.esef.ve ... . . . . . ........ . . . ........................................ . .
TW I 'Pro llected Fund Balance
Hig V 8 Fund
Non.§pe
�!ble
. ..... . ....... ... . ...................
Reserve for Debt
lrrtaN 6 65
5
d Fu 6 $3 �
. . . . .............................. .
M7
Vill. Executive Session - Interviews
1. Motion To: Enter Executive Session
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Al Casella, Councilman
SECONDER:
Christopher Phillips, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Return From Executive Session
Town of Wappinger Page 7 Printed 811612023
Regular Meeting Minutes April 11, 2022
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Al Casella, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
IX. Resolutions
1. Resolution 2022-78
Resolution To Authorize The Town Supervisor, Town Highway Superintendent And Town
Board To Execute The Agreement For The Expenditure Of Highway Moneys In 2022
ATTACHMENTS:
• 2022 AGREEMENT to spend highway funds Hwy Law 284 (002) (PDF)
• 2022 PAVING INFO (PDF)
• 2022 paving 1 (PDF)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Resolution 2022-79
Resolution Introducing Local Law Of 2022 Which Would Amend Chapter 240, Zoning, Of The
Town Code With Respect To The Shopping Center District And Large -Scale Mixed -Use
ATTACHMENTS:
• SC zone code amend LL 4-7-22.mms (PDF)
• 240b Sched of Use Reg. - Nonresidential Districts - amend - 4-6-22 Redline (PDF)
• 240b Sched of Use Reg. - Nonresidential Districts - amend - 4-6-22 (PDF)
• AC Graphic Exhibit 040622 (PDF)
• Alpine Common text change EAF Part 1 4-7-22.mms (PDF)
• Alpine Common ph notice.mms 2022 (PDF)
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
3. Resolution 2022-80
Resolution Adopting Negative Declaration In Connection With Local Law Of 2022 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 8 Printed 811612023
Regular Meeting Minutes April 11, 2022
ATTACHMENTS:
misc code LL neg dec 11-26-21.mms_2022 (PDF)
RESULT:
TABLED [UNANIMOUS] Next: 4/25/2022 7:00 PM
MOVER:
William H. Beale, Al Casella
SECONDER:
Angela Bettina, Councilwoman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
4. Resolution 2022-81
Resolution Adopting Local Law Of 2022 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
ATTACHMENTS:
• Misc code amend LL 4-12-22.clean.mms (PDF)
• ZR21-360 (PDF)
• ZR22-100 (PDF)
RESULT:
TABLED [UNANIMOUS] Next: 4/25/2022 7:00 PM
MOVER:
Angela Bettina, Councilwoman
SECONDER:
Al Casella, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
5. Resolution 2022-82
Resolution Authorizing A Consent Judgment To Settle Litigation Between Town Of Wappinger
And Verizon Wireless Of The East LP DB/A Verizon Wireless And Tarpon Towers II, LLC
ATTACHMENTS:
• DRAFT Consent Judgment(5145361.2) (PDF)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
6. Resolution 2022-83
Resolution Acknowledging Appointment Of Deputy Court Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
7. Resolution 2022-84
Town of Wappinger Page 9 Printed 811612023
Regular Meeting Minutes April 11, 2022
Resolution Appointing Seasonal Groundskeepers
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
8. Resolution 2022-85
Resolution Authorizing The Settlement Of Tax Certiorari Proceeding Regarding HD
Development Of MD, Inc. #1207
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
9. Resolution 2022-86
Resolution Authorizing And Appropriating Matching Funds For Mid -Point Park Engineering
Planning Study
ATTACHMENTS:
• Midpoint Agreement-Engr Svcs 4-6-22 (PDF)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
10. Resolution 2022-87
Resolution Authorizing Town Supervisor To Execute Engineering Planning Grant Agreement
With NYS EFC
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Al Casella, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
11. Resolution 2022-88
Resolution Making SEQRA Determination For Mid -Point Park Engineering Planning Study
Town of Wappinger Page 10 Printed 811612023
Regular Meeting Minutes April 11, 2022
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Al Casella, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
12. Resolution 2022-89
Resolution Authorizing Engineering Services Agreement For Mid Point Park I&I And Sewer
Improvement Study
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
13. Resolution 2022-90
Correspondence Log
ATTACHMENTS:
• 2022-04-11 (PDF)
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
14. Resolution 2022-93
Resolution Authorizing Refund Of Benefit Assessment Assessed And Collected In Error
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
X. Executive Session
1. Motion To: Enter Executive Session
Town of Wappinger Page 11 Printed 811612023
Regular Meeting Minutes April 11, 2022
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Angela Bettina, Councilwoman
SECONDER:
Al Casella, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Return From Executive Session
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Al Casella, Councilman
SECONDER:
Angela Bettina, Councilwoman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
XI. Items Approved After Executive Session
1. Resolution 2022-91
Resolution Appointing Board Of Assessment Review Member
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Resolution 2022-29
Resolution Employing Legal Services To The Town Of Wappinger Town Board, and Courts on
Certain Matters For Calendar Year 2022
HISTORY:
01/10/22 Town Board TABLED
Next: 04/11/22
RESULT:
TABLED [UNANIMOUS] Next: 9/15/2045 12:00 AM
MOVER:
Richard Thurston, Christopher Phillips
SECONDER:
William H. Beale, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
3. Resolution 2022-70
Resolution Appointing Member To Town Of Wappinger Planning Board
HISTORY:
03/28/22 Town Board TABLED
Next: 09/15/45
Town of Wappinger Page 12 Printed 811612023
Regular Meeting Minutes April 11, 2022
RESULT:
TABLED [UNANIMOUS] Next: 9/15/2045 12:00 AM
MOVER:
Christopher Phillips, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
XII. Adjournment
Motion To: Wappinger Adjournment & Signature
COMMENTS - Current Meeting:
The meeting adjourned at 11:24 PM.
Joseph P. Paoloni
Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Angela Bettina, Councilwoman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Town of Wappinger Page 13 Printed 811612023
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Misc Town Board Decisions
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-92
DOC ID: 5805
Resolution for April as National Child Abuse Prevention
Month
WHEREAS, child abuse and neglect pose serious threats to our children; and
WHEREAS, children who have been abused or neglected have a higher risk of developing various health
problems as adults, including alcoholism, depression, drug abuse, eating disorders, obesity, suicide, and certain
chronic diseases; and
WHEREAS, statistics have shown that 1 in 10 children will be sexually abused before their 18th birthday. Five
(5) children die each day in the US. In New York during 2020, there were 59,126 victims of child abuse
resulting in 105 fatalities. In Dutchess County, over 1000 cases of child abuse are reported each year and about
5x as many go unreported; and
WHEREAS, the Town of Wappinger recognizes the importance of increasing awareness of the warning signs to
recognize and report the abuse of children, while prevention of abuse, neglect and maltreatment of children
remains the best defense; and
WHEREAS, the Town of Wappinger is committed to supporting programs and initiatives designed to prevent
and stop the abuse, neglect, and maltreatment of children; and
WHEREAS, effective programs succeed because of partnerships among local governments, human service
agencies, community based organizations, schools, faith -based organizations, law enforcement, and the business
community; and
WHEREAS, The Center for the Prevention of Child Abuse (CPCA), a private non-profit organization located in
Poughkeepsie, N.Y., has been dedicated to the reduction of child maltreatment since 1973; and
WHEREAS, the CPCA recognizes the importance of families and communities working together to strengthen
families to prevent child abuse; and
WHEREAS, each year, the President of the United States issues a proclamation announcing April as National
Child Abuse Prevention Month, which was proclaimed this year by President Biden on March 31, 2022, and,
now, therefore, be it
RESOLVED, the Town Board of the Town of Wappinger, NY does hereby acknowledge the month of April
2022 as Child Abuse Prevention Month and encourages the people of the Town of Wappinger to work together
with the CPCA to support youth -serving child abuse prevention activities in our community during April and
throughout the year; and be it
FURTHER RESOLVED, that the Town Supervisor shall transmit copies of this resolution for appropriate
distribution.
Updated: 4/11/2022 5:56 PM by Joseph P. Paoloni Page 1
Resolution 2022-92
Meeting of April 11, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/11/2022 5:56 PM by Joseph P. Paoloni Page 2
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
RESOLUTION 2022-78
Meeting: 04/11/22 07:00 PM
Department: Town Clerk
Category: Agreements, Contracts, Leases
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors:
DOC ID: 5799
Resolution To Authorize The Town Supervisor, Town Highway
Superintendent And Town Board To Execute The Agreement
For The Expenditure Of Highway Moneys In 2022
WHEREAS, pursuant to Section 284 of the Highway Law, the Town Board and the
Town Highway Superintendent are required to enter into a written Agreement stating the places
and manner in which the Highway fund appropriation for repairs and improvements are to be
expended; now, therefore
BE IT RESOLVED, that the Town Highway Superintendent and the Town Board agree
that the monies levied and collected in the Town for repair and improvement of highways, and
received from New York State for State Aid for the repair and improvement of highways shall be
expended in accordance with the annexed Agreement for the Expenditure of Highway Moneys;
and
BE IT FURTHER RESOLVED, that the Supervisor and the Town Board are hereby
authorized and directed to execute the attached AGREEMENT FOR THE EXPENDITURES OF
HIGHWAY MONEYS in duplicate and file said Agreement with the Town Clerk; and
BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward one
executed Agreement to the Dutchess County Commissioner of Public Works in his capacity as
County Superintendent of Highways.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/7/2022 2:14 PM by Joseph P. Paoloni Page 1
AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS FOR 2022
AGREEMENT between the Superintendent of Town Highways of the Town of Wappinger,
Dutchess County, New York, and the undersigned members of the Town Board.
Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and
collected in the Town for the repair and improvement of highways, and received from the State
for State Aid for the repair and improvements of highways, shall be expended as follows:
GENERAL REPAIRS. The sum of $1,268,672.00 shall be set aside to be expended
for primary work and general repairs upon 100 miles of town highways, including
sluices, culverts and bridges having a span of less than five feet and boardwalks or
renewal thereof.
2. PERMANENT IMPROVEMENTS. The following sums shall be set aside to be
expended for the permanent improvement of Town highways:
SEE LIST OF TOWN HIGHWAYS ON ATTACHED SCHEDULE
On the roads listed on the attached schedule for a distance of 7.17 miles, there shall be expended
not over the sum of $1,547,670. The paving on the roads shall be:
TYPE 6
Width of traveled surface: Varies
Thickness:
Subbase: Milled as required
Executed in duplicate this day of April 2022
Supervisor
Councilman
Councilman
County Superintendent of Highways
Councilman
Councilman
Town Superintendent of Highways
Note: This agreement should be signed in duplicate by a majority of the members of the Town
Board and by the Town Superintendent. Both copies must be approved by the County
Superintendent. One copy must be filed in the Town Clerk's office and one in the County
Superintendent's office. COPIES DO NOT HAVE TO BE FILED INALBANY.
SCHEDULE OF ROADS TO BE PAVED 1N 2022
L*
Thalle
Industries
Customer: 1279 - Town of Wappingers Falls
Project: Wappingers Street Paving 2022
Project Various Streets in Wappingers
Address
Fishki'll -Asphalt
Quote Quote: 2022-PAVING
Quote Date: 03/22/2022
Expire Date: 04/21/2022
Page 1 of 1
Salesperson Michael Keahon
914-291-3689
Customer Mike Sheehan
Contact 845-297-9451
Product Quantity Unit Material Rate
10,- TYPE 7F2 1,,.00, Tons, 75100'
12 - Dense Binder Type 3 1.00 Tons 69,00
'10',0010,00 Tons" .0
17 - Top Type 61`3 70,' 0
Comments I Notes:
THESE ARE TODAYS PRICES MR YOUR MAJOR STREET PAVING.
ASPHALT WILL BE SUBJECT TO A LIQUID ASPHALT PRICE ADJUSTMENT.
ASPHALT INDEX = $624.00 MARCH 2022,
TYPE 3 = 5.5% AC,
TYPE 6 = 6.2% AC
TYPE 7 = 6.85% AC.
WE CAN TAKE IN YOUR MILLINGS AT OUR I`ISHKILL PLANT AT NO CHARGE TO THE TOWN.
Invoices not paid in full within 60 days from the Invoice date will incur a monthly interest charge of 1.5%
Accepted by:
Date:
Pricing Is subjod to change if this offer is not accepted within 30 days of the above date.
Asphalt concrete prices shall be adjusted based an the current asphalt price adjustment formula per NYSDOTIOGSIMurildl speoficatioris applicants to this project
If applicable, this quote Is subject to plant production quality adjust nl All upward pricing adjustments associated with this provision will be billed at the fixed unit prices set forth in the contract.
If applicable, this quote is subject to fuel adjustment charges based an the NYSOGSMOT forniula applicable to this pirojeCL All upward prIcIrg adjustment associated with this provision writ be forthcoming to
Thalia Industries, Inc. and billed at fixed unit prices set forth in Oils contract.
- If applicable, this quote is subject to the provision of El 97-0110 whk:h relere, to Section 402 Quality Control Asphalt Concrete and Ina new phase in Quantity Adjustment Factors. All upward forcing adjustments
associated wfh this provision will be billed at the Prime Conlractors Bid Prx;e with the Adjustment Factor in Tons or Wine Tons.
Al upward pricing adjustments shalj inure to the benefit of Thal Industries, Inc.
Quoted pnoes assume normal hours of operation, Monday through Friday. Additional charges wilt be assessed for night or weekend supply.
Acceptance of order by Thalia Industries, Inc, subject to terms and credit approvals.
New York Stabs Sales Tax, If applicable, required by law to be paid by the purchaser,
Estimate for Paving
Town of Wapplinger
03/22/2022
4 C. ANZBOA VAT 0 11 S NC.
Description, of Work
QTY Hours
Rate Per Hour,
Total
Mobilization
Paving Operation
Road Tec RP195
1 8
$
300.00
$
2,400.00
$ 250.00
Cal CB10 10 Ton Roller
1 8
$
155.00
$
1,240.00
$ 250.00
Hamm H D14 STon Roller
I a
$
130.00
$
1,040.00
$ 250.00
Triaxle Dump 25 Ton
9 8
$
120.00
$
8,640.00
$ -
Flowboy-34 Ton
1 a
$
170.00
$
1,360,00
$
Paving Van
1 1
$
300,00
300.00
$ -
Screed
2 8
$
100.00
1,600.00
Laborers
4 8
$
100,00
3,200.00
Total
19,780.00
750.00
Total Paving Operation -Daily
200590,00
Description of work
QTY Hours
Rate Per Hour
Total
Mobilization
Milling Operation
Asphalt Milling Machine 1/2 Lane
1 8
$
5,500-00
$ 1,000.00
New Holland Trim Miller
1 8
$
180.00
$
1,440.00
$ 250.00
Cat 906 Loader
1 8
$
130,00
$
1,040.00
$ 250.00
Elgin Broom Bear Street Sweeper
1 8
$
205,010
$
1,1540M0
$ -
Laborers
7 8
$
100.010
$
5,600.00
$ -
Total
$
15,220-00
$ 1,500.00
Total Milling Operation -Daily
$ 16,720.00
Triaxle Dump Trucks at $120.00 Per Hour
Estimated Paving Days- 16 Days
Total=$328A80.00
Estimated Milling Days-14 Days
Total=$234,080.00
This price includes all equipment, labor, and materials to complete the project. If the scope
of work described
in this quote is altered or changed,
all alterations
and/or changes must be In writing prior before work commences.
If you have any questions, please do not hesitate to contact me. Thank Youl
Sincerely,
Marc Vumblco, President
Estimate for Paving Town of Wappinger
Road Name
dimensions
Description of Work
Hamlet Court
400'x28' & 852'x18'
Pave 171 Tons 1"" 63
Mariorvi'lle Road
2360'x24'
Pave 743 Tons 2" Type 6F2
Baldwin Drive
1730'x30 +Culdesac
Mill & Pave 784 Tons
Beatty Road
1260'x30'
Pave 496 Tons
Little Road
422'x33'
Pave 183 Tons
Dillon Court
430'x27' + Culdesac
Pave 255 Tans
Peel' Lane
370'x30' + Culdesac
Mill & Pave 249 Tons
Alpert Drive
3110'x30'
MITI & Pave 1225 Tons
Tor Road
3220x30
Mild & Pave 1268 Tons
Dugan Road
1760'x18'
Pave 416 Tans
Peters Road
1666'x24'
Mild & Pave 525 Tons
Maurice Drive
1224'x30'
Mild & Pave 482 Tons
Dorett Drive
953'x30' + Culdesac
Mill & Pave 478 Tons
Joel Place
360'x30'
Mill & Pave 142 Tons
Brian Place
254'x30' + Culdesac
Mill & Pave 203 Tons
Gary Place
550'x28' +Cuidesac
Mill & Pave 305 Tons
Wendy Road
777'x34'
Mill & Pave 347 Tons
Widmer Road
10,856'x27'
Mill 2,300'/Pave 3847 Tons
Airport Drive
4518'x41' + Culdesac
Mill & Pave 1954 Tons 1.5"
Total Tonnage 6.3
171
Total Tonnage 6F2
13902
Total Tonnage
14073
03/22/2022
HIGHWAY SUPERINTENDENT
Michael Sheehan
10 HIGH WAY DRI Vr
WAPPINGERS FALLS, NY 12590
(845) 297-0451 Office
(845) 298-024 Fax
SE(,'RETARV
Karol Kelly
Superintendent of Highways
March 23, 2022,
To: Town Board
Richard Thurston
Joseph Paoloni
Cc: Jim Horan
Fredrick Awino
From: Michael Sheehan
Re: 2022 Paving
SUPERVISOR
Richard Thurston
845-297-4158 Main
TOWN BOARD
William H, Beale
Angela Bettina
Christopher Phillips
Alfred Casella
TOWN CLERK
Joseph Paoloni
Please see attached letter for the list of roads to be paved.
The total miles to be paved is 7.17.
We are using the Dutchess County Bid for blacktop, pricing and rental rates for
equipment for paving and milling of the roads.
The estimated cost for blacktop is $985,110.
nPW- th&Q—wote, f2r Wg4-10-P W g, p U-e, 4/2 112022.
&.
The estimated cost for the rental rates of equipment for paving is $328,480 for 16 days.
The estimated cost for the rental rates of equipment for milling the roads prior to paving is
$234,08,0 for 14 days.
The total estimated cost for paving is $1,547,670.
Respectfully,
M6chcLe1/Shzeha4q/
Highway Superintendent
SUPERINTENDENT
Michael. Sheehan
w.nrosh h Wur tc�w t ml?Pi c ny draw
(845) 297-9451 -Office
(845) 298-0524 — Fax
SEL'RETARV
Karol. Kelly
HIGHWAY DEPARTMENT
10 HIGHWAY DRIVE
WAPMNGERS FALL'S, NY 12590
March 17, 2022
TO: BOARD
r
JIM • Y
FROM. MICHAEL SHEEHAN
RE: 2022 PAVING
I propose to pave the following roads for 2022.
Airport Drive
Alpert Drive
Baldwin Drive
Beatty Road
Brian Place
Dillon Court
Dorett Lane
Dugan Lane
Gary Place
Hamlet Court
Joel Place
Little Road
Marlorville Road
Maurice Drive
Peel Lane
Peters Road
Tor Road
Wendy Road
Widmer Road
Total miles 7.17
Length and Width
4,518'
x 41'
3110''
x 30'
1730'
x 30'
1' 260'
x 30'
254'
x 30'
430'
x 27'
953'
x 30'
1760'
x 18'
550'
x 28,.
25'
x 18'
400'
x 28'
360'
x 30'
422' x
33'
2360`
x 24''
12.24'
x 30'
370'
x 30''
1666'
x 24'
3220'
x 30'
777'
x 34'
10,056'
x 27'
ward 4
ward 3
ward 3
ward 4
ward 3
ward 4
ward 4
ward 2
ward, 3
ward 3
ward 4
ward 4
ward 1
ward 4
ward 4
ward 2
ward
ward 3
ward 4
SUPERVISOR
Richard Thurston
TOWN BOARD
William H. Beale
Angela Bettina
Christopher Phillips
AI Casella
TOWN CLERK
Joseph Paoloni
Mill Pave
x x culdesac
x x
x x culdesac
x
x
(230o') x
culdesac
culdesac
culdesac
culdesac
culdesac
e are expecting a quote for blacktop by Friday, 3/18/2022.
Town of Wappinger
Meeting: 04/11/22 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:
RESOLUTION 2022-79
DOC ID: 5800
Resolution Introducing Local Law Of 2022 Which Would
Amend Chapter 240, Zoning, Of The Town Code With Respect
To The Shopping Center District And Large -Scale Mixed -Use
WHEREAS, the Town Board is considering the adoption of Local Law No. _ of 2022 which
would amend Chapter 240, Zoning, of the Town Code with Respect to the Shopping Center Zoning
District and Large -Scale Mixed -Use (the "Proposed Action"); and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is as defined above; 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 Law 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, a Determination of Significance has not yet been made with respect to the
Proposed Action.
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 hereby introduces for consideration of its adoption proposed Local Law No.
of 2022 in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed
proposed Local Law No. _ of 2022 for 7:00 PM PM on the 23rd day of May, 2022 and the
Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed
hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal
not less than ten (10) days prior to said Public Hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed
Local Law:
Updated: 4/11/2022 9:28 PM by Joseph P. Paoloni Page 1
Resolution 2022-79
Meeting of April 11, 2022
a. To serve a copy of this resolution, the annexed proposed Local Law, 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, 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.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
William H. Beale, Councilman
SECONDER:
Christopher Phillips, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/11/2022 9:28 PM by Joseph P. Paoloni Page 2
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.)
Draft: 4-7-2
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 2022
A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town
Code with Respect to the Shopping Center Zoning District and Large -Scale Mixed -Use."
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.)
LOCAL LAW No. _ OF THE YEAR 2022
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 2022, for the Purpose of Amending
Chapter 240, Zoning, of the Town Code with Respect to the Shopping Center Zoning District and
Large -Scale Mixed -Use."
Section 2. Legislative Intent
The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, 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 240-5 shall be added and shall read as follows:
DEVELOPMENT SITE
A Development Site is the entire site designated by the "site plan" or special permit
approving agency as the area to which the dimensional and use regulations of
Section 240-81.9 shall apply, notwithstanding divided ownership of such site.
LOW -IMPACT VETERAN HOUSING
Low -Impact Veteran Housing is housing built exclusively for persons who have
served in the United States Armed Services as defined by the U.S. Department of
Veterans Affairs which has been located on sites with a high ratio of
environmentally sensitive land and designed to feature small footprint buildings in
clusters to avoid environmentally sensitive areas and to minimize environmental
impact.
2. Section 240-81.9 shall be added to read as follows:
§240-81.9 Large -Scale Mixed Uses
2
A. Purposes. Large -Scale Mixed Uses are established as a design based, master -
planned mixed use Development Site located on one or more properties within a
Shopping Center District to promote the public health, safety, and welfare by
facilitating the creation of integrated, master -planned large-scale mixed use
development in settings of sufficient size to provide a variety of uses, and support
appropriate ancillary and "accessory uses", while ensuring compatibility with
surrounding land uses and orderly traffic circulation both on site and onto the
Town's road network. It is the purpose of this use to encourage flexibility of design
and development of land in a manner that suits the needs of the community. For
these reasons, the Schedules of Dimensional Regulations (§240 Attachments 3 &
4) and Schedule of Off -Street Parking Requirements (§240-97) are superseded by
this Section.
B. Development Site. A Development Site may be established in the Shopping Center
District as a Special Permit Use and shall consist of one or more contiguous Lots
having a minimum combined Lot Area of 50 acres. Each Development Site shall
constitute an Open Development Area in accordance with New York State Town
Law Section 280-a(4) for purposes of access, ingress, and egress such that permits
may be issued for the erection of structures to which access is given by right of way
or easement as suitably improved, instead of requiring each tax lot to have direct
frontage on a street or highway with sufficient frontage to allow the ingress and
egress of fire trucks, ambulances, police cars and other emergency vehicles. Such
Lots may be established as tax lots on a Subdivision Plat and filed with County
Land Records as part of a Realty Subdivision on a Filed Map. Each lot per the site
plan or special permit can consist of one or more defined sub -districts, classified as
'residential', 'commercial', 'mixed use', or'open space' for the purposes of this
section.
C. Density. The density in the sub -districts of a Large -Scale Mixed Use Development
Site shall be limited as follows:
1) Residential sub -districts: Maximum 4617 dwelling units per acre of g;es-s
net Lot Area of the residential sub -district Lot, providing that the residential
density of all combined sub -districts of the Development Site shall not
exceed a maximum of 5 dwelling units per acre of gross Lot Area of the
Development Site.
2) Commercial sub -districts: Maximum Floor Area Ratio (FAR) shall be in
accordance with the underlying SC District in which the Development Site is
located. FAR in Commercial sub -districts shall be calculated using the
gross Lot Area of the combined area of all Commercial and Mixed -Use sub -
districts within the Development Site.
3
Mixed Use sub -districts: In such areas of a Development Site where
both commercial and residential uses are proposed — either as
separate structures or within a single structure containing multiple
uses, the commercial density shall be in accordance with C(2)
above, and an additional residential density of eight (8) dwelling
units per acre of Net Lot Area of the subdistrict shall be permitted.
Further, an additional three (3) dwelling units per acre of Net Lot
Area shall be permitted if the project provides 100% affordable
housing units for VeteFa% persons who have served in the United
States Armed Services as defined by the U.S. Department of
Veterans Affairs at 80% of the County AMI, providing that the
residential density of all combined sub -districts shall not exceed a
maximum of 5 dwelling units per acre of gross Lot Area of the
Development Site.
3) Open Space sub -districts: Areas classified as Open Space Sub -Districts
are characterized as having a majority of their acreage being classified as
wetlands, steep slopes, or containing other environmentally sensitive
features. Only low -impact recreational uses such as trails and parks are
permitted in this sub -district. Public parking areas and access roads are
permitted in areas that are not environmentally sensitive. The gross area of
the Open Space Sub -District shall be used in determining the total
residential density of the overall Development Site.
Low -Impact Veteran Housing: Open Space sub -districts shall permit
Low -Impact Veteran Housing featuring 100% affordable housing
units for Veterans at 80% of the County AMI. Low Impact Veteran
Housing shall consist of separate detached units no smaller than
250 square feet and no larger than 650 square feet at a housing
density of 3 units per acre of net Lot Area. Low Impact Veteran
Housing shall comply with all dimensional regulations of RMF-3 with
the exception of setbacks between individual Low Impact Veteran
Housing units which shall be 10 feet to allow clustered development
and the reduce the area of disturbance. Low -Impact Veteran
Housing shall feature a parking requirement of 1 parking space per
dwelling unit. Low -Impact Veteran Housing shall allow for accessory
buildings for community gather spaces and veteran services in
buildings that exceed the dimensional restrictions of the dwelling
units but that do not exceed the RMF-3 dimensional requirements of
FAR and development coverage for the Open Space subdistrict.
2
4) Hotels: Shall be permitted in both Commercial and Mixed -Use subdistricts
and shall be governed by the definitions and standards that address hotel
development in elsewhere in this Ordinance.
5) The residential and commercial components of the Large -Scale Mixed Use
Development Site shall not, individually or in combination, exceed the
maximum density standards set forth in §240-81.9.C.
D. Yards.
1) Residential sub -districts of a Large -Scale Mixed Use Development Site shall
comply with the minimum front, side, and rear yard requirements of the
RMF-5 Multifamily Residence District.
2) Commercial and Mixed -Use sub -districts of a Large -Scale Mixed Use
Development Site shall comply with the minimum front, side, and rear yard
requirements of the SC Shopping Center District.
E. Height.
1) Residential sub -districts of a Large -Scale Mixed Use Development Site shal
be limited to 3 habitable stories.
2) Commercial and Mixed -Use sub -districts of a Large -Scale Mixed Use
Development Site shall comply with the height requirements of the SC
Shopping Center District, except as follows:
Residential uses above ground floor commercial uses in a single
mixed -use structure shall be permitted an additional 3 habitable
residential stories above the commercial uses below or a total of 45
feet, not counting rooftop uses such as patios, gardens, solar
panels, and mechanicals.
F. Coverage.
1) Residential sub -districts of a Large -Scale Mixed Use Development Site shall
comply with the coverage requirements of the RMF-5 Multifamily Residence
District.
2) Commercial and Mixed -Use sub -districts of a Large -Scale Mixed Use
Development Site shall comply with the coverage requirements of the SC
Shopping Center District.
5
G. Parking Standards. The parking standards within a Large -Scale Mixed Use
Development Site shall be established as follows:
1) Residential sub -districts of a Large -Scale Mixed Use Development Site shall
provide parking at a minimum of 1.5 vehicles/dwelling unit within the
boundary of the residential sub -district.
2) Commercial sub -districts of a Large -Scale Mixed -Use Development Site
shall provide parking at a minimum of 3 vehicles/1,000 gsf of commercial
space within the boundary of the commercial sub -district.
3) Mixed Use sub -districts of a Large -Scale Mixed Use Development Site shall
provide parking for commercial uses in accordance with H(2) above. In
addition, residential uses within a mixed -use sub -district shall provide
parking at a minimum of 0.5 vehicles/unit above the parking required for the
commercial uses. All commercial parking required shall be located within
the boundary of the mixed -use sub -district, however not more than 50% of
the required residential parking may be located on an immediately adjacent
mixed -use or commercial sub -district in addition to the parking required to
serve the uses in the adjoining sub -district according to this Section.
4) Self -Storage uses in commercial and mixed -use sub -districts shall provide
parking at a minimum of 1 vehicle/8,500 sf.
5) All uses not specifically noted in this Section shall comply with §240-97
H. Reciprocal Easement Agreement. In consideration of the many mixed uses and the
intensification of such uses on a Development Site, the Town Attorney may review
and the Town Board may approve any reciprocal easement agreement among the
owners of the tax parcels comprising the Development Site relative to water,
stormwater management, anu utilities, ingress, egress, and parking overlapping and
crossing any and all tax lots and sub -districts within the Development Site.
3. Under the "Mixed Uses" heading in the Schedule of Use Regulations —
Nonresidential Districts referenced in Section 240-37, the following new use shall be
added at the end of the existing list and shall read as follows:
Large-scale mixed use, which is a grouping of attached or detached structures,
containing a mix of residential dwelling units and more than one of the following commercial
uses: hotels, offices, retail, restaurant, services, medical, warehouse, storage,
manufacturing, assembling, brewing, and distilling (§ 240-81.9).
This new use shall be a Special Permit Use (SPU) in the SC zoning district.
0
4. Under the "SC" heading in the Schedule of Use Regulations — Nonresidential
Districts referenced in Section 240-37, the following uses shall be added to the
existing list as Permitted Principal Use (PP):
-Veterinarian Offices, pet day care, and commercial kennels without any outdoor
runs (§240-71).
-Manufacturing, fabricating or repair of products including the retail sale of such
products on the premises (§240-78).
-Assembling, finishing or repair of products including the retail sale of such products
on the premises (§240-78)
-Microbrewers and microdistillers (§240-81.6).
-Warehousing (not self -storage) on a minimum lot of 2 acres.
-Self-storage rental warehousing on a minimum lot of 2 acres.
-Hotels and Motels (§240-69).
Section 4. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the Town of
Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force
and effect and is otherwise ratified, readopted and confirmed.
Section 5. Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local
Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of
this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that
the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and that any
such rearranging of the numbering and editing shall not affect the validity of this Local Law or the
provisions of the Code affected thereby.
Section 6. Separability
7
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or
impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local
Law or their application to other persons or circumstances. It is hereby declared to be the legislative
intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if
such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not
been included therein, and if such person or circumstance to which the Local Law or part thereof is
held inapplicable had been specifically exempt therefrom.
Section 7. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule Law.
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Full Environmental Assessment Form
Part 1 - Project and Setting
Instructions for Completing Part 1
Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,
are subject to public review, and may be subject to further verification.
Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to
any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist,
or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to
update or fully develop that information.
Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that
must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the
answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any
additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in
Pail I i s accurate and complete.
A. Project and Sponsor Information.
Name of Action or Project:
The Adoption of a Local Law Which Would Amend Chapters 240 of the Town Code with Respect to the Shopping Center District and Large -Scale Mx -Use
Project Location (describe, and attach a general location map):
Town of Wappinger, Dutchess County
Brief Description of Proposed Action (include purpose or need):
The Proposed Action is the adoption of a Local Law by the Wappinger Town Board which would amend Chapter 240, Zoning, of the Town Code with
Respect to the Shopping Center Zoning District and Large -Scale Mixed -Use
Name of Applicant/Sponsor:
Town of Wappinger Town Board, c/o Joseph P. Paoloni, Town Clerk
Telephone:(845) 297-4158
E-Mail: JPaoloni@townofwappinger.us
Address:20 Middlebush Road
Citv/PO:Wappingers Falls
State: NY
Zip Code:12590
Project Contact (if not same as sponsor; give name and title/role):
Same as Sponsor
Telephone:
E-Mail:
Address:
City/PO:
State:
Zip Code:
Property Owner (if not same as sponsor):
N/A
Telephone:
E-Mai I:
Address:
City/PO:
State:
Zip Code:
Page 1 of 13
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B. Government Approvals
B. Government Approvals Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial
assistance.)
Government Entity
If Yes: Identify Agency and Approval(s)
Application Date
Required
(Actual or projected)
a. City Council, Town Board, ®Yes❑No
Town Board, Adoption of Local Law
or Village Board of Trustees
b. City, Town or Village ❑Yes❑No
Planning Board or Commission
c. City Council, Town or ❑Yes❑No
Village Zoning Board of Appeals
d. Other local agencies ❑Yes❑No
e. County agencies ❑Yes❑No
f. Regional agencies ❑Yes❑No
g. State agencies ❑Yes❑No
h. Federal agencies ❑Yes❑No
i. Coastal Resources.
i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway'? ❑Yes MNo
If Yes,
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program'? ❑ Yes❑No
iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes❑No
C. Planning and Zoning
C. I. Planning and zoning actions.
Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the
only approval(s) which must be granted to enable the proposed action to proceed?
• If Yes, complete sections C, F and G.
• If No, proceed to question C.2 and complete all remaining sections and questions in Part 1
®Yes❑No
C.2. Adopted land use plans.
a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site
where the proposed action would be located?
If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action
would be located?
®Yes❑No
❑YesmNo
b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway
Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan;
or other?)
If Yes, identify the plan(s):
❑Yes®No
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan,
or an adopted municipal farmland protection plan?
If Yes, identify the plan(s):
❑Yes®No
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C.3. Zoning
9.2.e
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance.
®Yes❑No
If Yes, what is the zoning classification(s) including any applicable overlay district?
All of the Shopping Center (SC) zoning district in the Town.
O
N
b. Is the use permitted or allowed by a special or conditional use permit?
❑Yes®No Q
N
c. Is a zoning change requested as part of the proposed action?
❑Yes®No y
If Yes,
a
i. What is the proposed new zoning for the site?
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C.4. Existing community services.
a. In what school district is the project site located? Wappingers Central School District
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b. What police or other public protection forces serve the project site?
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Dutchess County Sheriff's Department
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N
c. Which fire protection and emergency medical services serve the project site?
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Hughsonville, Wappingers, New Hackensack and Chelsea Fire Companies; Transcare EMS
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d. What parks serve the project site?
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All of the Town -owned open spaces, Stony Kill (State Park) and Bowdoin Park (County Park)
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D. Project Details
D.1. Proposed and Potential Development
a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all
components)?
b. a. Total acreage of the site of the proposed action? acres
b. Total acreage to be physically disturbed? acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? acres
c. Is the proposed action an expansion of an existing project or use? ❑ Yes❑ No
i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,
square feet)? % Units:
d. Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ❑No
If Yes,
i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)
ii. Is a cluster/conservation layout proposed? ❑Yes ❑No
iii. Number of lots proposed?
iv. Minimum and maximum proposed lot sizes? Minimum Maximum
e. Will proposed action be constructed in multiple phases? ❑Yes❑No
i. If No, anticipated period of construction: months
ii. If Yes:
• Total number of phases anticipated
• Anticipated commencement date of phase I (including demolition) month year
• Anticipated completion date of final phase month wear
• Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases:
Page 3 of 13
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f. Does the project include new residential uses? ❑Yes❑
If Yes, show numbers of units proposed.
One Family Two Family Three Family Multiple Family Lfour or more
Initial Phase
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At completion
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of all phases
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g. Does the proposed action include new non-residential construction (including expansions)? ❑Yes❑No
N
If Yes,
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i. Total number of structures
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ii. Dimensions (in feet) of largest proposed structure: height; width; and length
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iii. Approximate extent of building space to be heated or cooled: square feet
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a)
h. Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes❑No
liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage?
If Yes,
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i. Purpose of the impoundment:
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ii. If a water impoundment, the principal source of the water: ❑ Ground water ❑ Surface water streams [—]Other specify:
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iii. If other than water, identify the type of impounded/contained liquids and their source.
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iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres
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v. Dimensions of the proposed dam or impounding structure: height; length
vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete):
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D.2. Project Operations
a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? ❑Yes❑No
(Not including general site preparation, grading or installation of utilities or foundations where all excavated
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materials will remain onsite)
If Yes:
i . What is the purpose of the excavation or dredging?
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ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site?
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N
• Volume (specify tons or cubic yards):
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• Over what duration of time?
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iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them.
y
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N
iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No
N
If yes, describe.
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v. What is the total area to be dredged or excavated? acres
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vi. What is the maximum area to be worked at any one time? acres
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vii. What would be the maximum depth of excavation or dredging? feet
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viii. Will the excavation require blasting? ❑Yes❑No
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ix. Summarize site reclamation goals and plan:
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x
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b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment ❑Yes❑No
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into any existing wetland, waterbody, shoreline, beach or adjacent area?
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If Yes:
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i. Identi the wetland or waterbod which would be affected "b name water index number, wetland ma number orgeographic
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description):
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ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, o
alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres:
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iii. Will proposed action cause or result in disturbance to bottom sediments?
❑ Yes❑No
N
If Yes, describe:
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iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation'?
❑ Yes❑No
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If Yes:
• acres of aquatic vegetation proposed to be removed:
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• expected acreage of aquatic vegetation remaining after project completion:
V
• purpose of proposed removal (e.g. beach clearing, invasive species control, boat access):
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• proposed method of plant removal:
y
• if chemical/herbicide treatment will be used, specify product(s):
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v. Describe any proposed reclamation/mitigation following disturbance:
N
N
O
N
c. Will the proposed action use, or create a new demand for water?
❑Yes ❑No
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If Yes:
i. Total anticipated water usage/demand per day: gallons/day
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ii. Will the proposed action obtain water from an existing public water supply?
❑Yes ❑No
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Tf Yes:
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• Name of district or service area:
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• Does the existing public water supply have capacity to serve the proposal?
❑ Yes❑ No
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• Is the project site in the existing district?
El Yes[—] No
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• Is expansion of the district needed?
❑ Yes[--] No
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• Do existing lines serve the project site?
❑ Yes❑ No
iii. Will line extension within an existing district be necessary to supply the project?
❑Yes []No
If Yes:
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• Describe extensions or capacity expansions proposed to serve this project:
N
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• Source(s) of supply for the district:
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iv. Is a new water- supply district or service area proposed to be formed to serve the project site?
❑ Yes❑No
If, Yes:
N
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• Applicant/sponsor- for new district:
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• Date application submitted or anticipated:
N
• Proposed source(s) of supply for new district:
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V. If a public water- supply will not be used, describe plans to provide water- supply for the project:
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vi. If water supply will be from wells (public or private), maximum pumping capacity: gallons/minute.
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d. Will the proposed action generate liquid wastes?
❑ Yes ❑No
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If Yes:
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i. Total anticipated liquid waste generation per day: gallons/day
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ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components
and
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approximate volumes or proportions of each):
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iii. Will the proposed action use any existing public wastewater treatment facilities?
❑Yes❑No
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If Yes:
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• Name of wastewater treatment plant to be used:
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• Name of district:
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• Does the existing wastewater treatment plant have capacity to serve the project?
❑Yes❑No
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• Is the project site in the existing district?
❑Yes❑No
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• Is expansion of the district needed?
❑Yes❑No
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• Do existing sewer lines serve the project site?
❑Yes❑
• Will line extension within an existing district be necessary to serve the project?
❑Yes❑No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project:
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iv. Will a new wastewater (sewage) treatment district be formed to serve the project site?
❑Yes❑No
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If Yes:
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• Applicant/sponsor for new district:
y
• Date application submitted or anticipated:
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• What is the receiving water for the wastewater discharge?
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V. if publ is facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed
receiving water (name and classification if surface discharge, or describe subsurface disposal plans):
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vi. Describe any plans or designs to capture, recycle or reuse liquid waste:
Q
N
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N
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e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point
❑Yes❑No
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sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point
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source (i.e. sheet flow) during construction or post construction?
If Yes:
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i. How much impervious surface will the project create in relation to total size of project parcel?
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Square feet or acres (impervious surface)
Square feet or acres (parcel size)
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ii. Describe types of new point sources.
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iii. Where will the stormwater runoff be directed (i.e. on -site stormwater management facility/structures, adjacent properties,
groundwater, on -site surface water or off -site surface waters)?
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• If to surface waters, identify receiving water bodies or wetlands:
N
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• Will stormwater runoff flow to adjacent properties?
❑Yes❑No
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Does proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater?
❑Yes❑No
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f. Does the proposed action include, or will it use on -site, one or more sources of air emissions, including fuel
❑Yes❑No
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combustion, waste incineration, or other processes or operations?
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If Yes, identify:
i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles)
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ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers)
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iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation)
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g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit,
❑Yes❑No
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or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
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i. Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet
❑Yes❑No
ambient air quality standards for all or some parts of the year)
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ii. In addition to emissions as calculated in the application, the project will generate:
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• Tons/year (short tons) of Carbon Dioxide (CO2)
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• Tons/year (short tons) of Nitrous Oxide (N2O)
y
• Tons/year (short tons) of Perfluorocarbons (PFCs)
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• Tons/year (short tons) of Sulfur Hexafluoride (SF6)
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• Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs)
• Tons/year (short tons) of Hazardous Air Pollutants (HAPs)
Page 6 of 13
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h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants,
[--]yes[—]
landfills, composting facilities)?
If Yes:
i. Estimate methane generation in tons/year (metric):
ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate
heat or
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electricity, flaring):
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N
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i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as
[-]Yes[—] No
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quarry or landfill operations?
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If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust):
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j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial
❑Yes❑No
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new demand for transportation facilities or services?
If Yes:
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i. When is the peak traffic expected (Check all that apply): ❑ Morning ❑ Evening [-]Weekend
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ElRandomly between hours of to
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ii. For commercial activities only, projected number of semi -trailer truck trips/day:
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iii. Parking spaces: Existing Proposed Net increase/decrease
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iv. Does the proposed action include any shared use parking?
❑Yes❑No
v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe:
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vi. Are public/private transportation service(s) or facilities available within '/z mile of the proposed site?
❑Yes❑No
vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric
❑Yes❑No
or other alternative fueled vehicles?
o
viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing
[-]Yes[—] No
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pedestrian or bicycle routes?
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k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand
❑Yes❑No
N
for energy?
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If Yes:
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i. Estimate annual electricity demand during operation of the proposed action:
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ii. Anticipated sources/suppliers liers of electricity for the project e. on -site combustion, on -site renewable, via Qrid/local
p PP Y P J ( g b
utility, or
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other):
N
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iii. Will the proposed action require a new, or an upgrade to, an existing substation?
[-]Yes[—] No
I. Hours of operation. Answer all items which apply.
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i. During Construction: ii. During Operations:
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• Monday - Friday: • Monday - Friday:
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• Saturday: 0 Saturday:
y
• Sunday: a Sunday:
• Holidays: • Holidays:
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Page 7 of 13
in. Will the proposed action produce noise that will exceed existing ambient noise levels during construction,
❑ Yes ❑
operation, or both?
If yes:
i. Provide details including sources, time of day and duration:
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ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen?
❑Yes❑No
N
Describe:
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n.. Will the proposed action have outdoor lighting?
❑Yes❑No
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If yes:
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i. Describe source(s), location(s), height of frxture(s), direction/aim, and proximity to nearest occupied structures:
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ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen?
❑ Yes ❑No
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Describe:
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N
o. Does the proposed action have the potential to produce odors for more than one hour per day?
❑ Yes ❑No
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N
If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest
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occupied structures:
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p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons)
❑Yes❑No
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or chemical products 185 gallons in above ground storage or any amount in underground storage?
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If Yes:
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i. Product(s) to be stored
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ii. Volume(s) per unit time (e.g., month, year)
iii. Generally describe proposed storage facilities:
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q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides,
[:]Yes [-]NO
N
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insecticides) during construction or operation?
N
If Yes:
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i. Describe proposed treatment(s):
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to
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N
N
ii. Will the proposed action use Integrated Pest Management Practices?
❑ Yes ❑No
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r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal
❑ Yes [_]No
of solid waste (excluding hazardous materials)?
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If Yes:
i. Describe any solid waste(s) to be generated during construction or operation of the facility:
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• Construction: tons per (unit of time)
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• Operation : tons per (unit of time)
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ii. Describe any proposals for on -site minimization, recycling or reuse of materials to avoid disposal as solid waste:
• Construction:
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• Operation:
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iii. Proposed disposal methods/facilities for solid waste generated on -site:
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• Construction:
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• Operation:
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s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes ❑
9.2.e'
If Yes:
i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or
other disposal activities):
ar
ii. Anticipated rate of disposal/processing:
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• Tons/month, if transfer or other non-combustion/thermal treatment, or
0
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• Tons/hour, if combustion or thermal treatment
N
iii. If landfill, anticipated site life: years
N
t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes❑No
y
waste?
a
If Yes:
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i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility:
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ii. Generally describe processes or activities involving hazardous wastes or constituents:
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N
N
iii. Specify amount to be handled or generated tons/month
N
iv. Describe any proposals for on -site minimization, recycling or reuse of hazardous constituents:
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v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No
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If Yes: provide name and location of facility:
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If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
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E. Site and Setting of Proposed Action
EA. Land uses on and surrounding the project site
a. Existing land uses.
i. Check all uses that occur on, adjoining and near the project site.
❑ Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non -farm)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify):
ii. If mix of uses, generally describe:
b. Land uses and covertypes on the project site.
Land use or
Covertype
Current
Acreage
Acreage After
Project Completion
Change
(Acres +/-)
• Roads, buildings, and other paved or impervious
surfaces
• Forested
• Meadows, grasslands or brushlands (non-
agricultural, including abandoned agricultural)
• Agricultural
(includes active orchards, field, greenhouse etc.)
• Surface water features
(lakes, ponds, streams, rivers, etc.)
• Wetlands (freshwater or tidal)
• Non -vegetated (bare rock, earth or fill)
• Other
Describe:
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c. Is the project site presently used by members of the community for public recreation?
❑ Yes 9.2.e
i. If Yes: explain:
d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed
❑Yes❑No
day care centers, or group homes) within 1500 feet of the project site?
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If Yes,
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i. Identify Facilities:
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N
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N
e. Does the project site contain an existing dam?
Yes[--] No
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If Yes:
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i. Dimensions of the dam and impoundment:
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• Dam height: feet
• Dam length: feet
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• Surface area: acres
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• Volume impounded: gal Ions OR acre-feet
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ii. Dam's existing hazard classification:
N
iii. Provide date and summarize results of last inspection:
N
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f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility,
❑ Yes[-] No
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or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility?
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If Yes:
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i. Has the facility been formally closed?
❑ Yes[-] No
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If yes, cite sources/documentation:
ii. Describe the location of the project site relative to the boundaries of the solid waste management facility:
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iii. Describe anv development constraints due to the prior solid waste activities:
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g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin
❑Yes❑No
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property which is now or was at one time used to commercially treat, store and/or- dispose of hazardous waste?
y
If Yes:
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i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred:
to
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h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any
[--]Yes[] No
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remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site
Yes[] No
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Remediation database? Check all that apply:
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❑ Yes - Spills Incidents database Provide DEC ID number(s):
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❑ Yes - Environmental Site Remediation database Provide DEC TD number(s):
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❑ Neither database
ii. If site has been subject of RCRA corrective activities, describe control measures:
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x
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iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database?
❑ Yes❑No
If yes, provide DEC TD number(s):
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iv. If yes to (i), (ii) or (iii) above, describe current status of site(s):
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v. Is the project site subject to an institutional control limiting property uses?
❑ Yes 9.2.e
• If yes, DEC site ID number:
• Describe the type of institutional control (e.g., deed restriction or easement):
• Describe any use limitations:
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• Describe any engineering controls:
• Will the project affect the institutional or engineering controls in place?
❑Yes❑No
N
• Explain:
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N
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E.2. Natural Resources On or Near Project Site
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a. What is the average depth to bedrock on the project site? feet
b. Are there bedrock outcroppings on the project site?
❑ Yes ]NO
c
If Yes, what proportion of the site is comprised of bedrock outcroppings? %
c. Predominant soil type(s) present on project site:
%
N
%
O
N
0
d. What is the average depth to the water table on the project site? Average: feet
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e. Drainage status of project site soils:❑ Well Drained: % of site
�a
❑ Moderately Well Drained: % of site
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❑ Poorly Drained % of site
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ar
f. Approximate proportion of proposed action site with slopes: ❑ 0-10%: % of site
❑ 10-15%: /o of site
�
❑ 15% or b eater: % of site
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g. Are there any unique geologic features on the project site?
❑Yes❑No
If Yes, describe:
as
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N
N
h. Surface water features.
O
N
i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers,
❑Yes❑No
w
ponds or lakes)?
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ii. Do any wetlands or other waterbodies adjoin the project site?
❑Yes❑No
to
If Yes to either i or ii, continue. If No, skip to E2.i.
E
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iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal,
[:]Yes[:]No
ci
state or local agency?
iv. For each identified regulated wetland and waterbody on the project site, provide the following information:
0 Streams: Name Classification
a Lakes or Ponds: Name Classification
M
a
• Wetlands: Name Approximate Size
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• Wetland No. (if regulated by DEC)
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v. Are any of the above water bodies listed in the most recent compilation ofNYS water quality -impaired
❑ Yes ❑No
y
waterbodies?
c
If yes, name of impaired water body/bodies and basis for listing as impaired:
x
i. Is the project site in a designated Floodway?
[—]Yes No
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c
j. Is the project site in the 100 year Floodplain?
❑Yes ❑No
C
E
k. Is the project site in the 500 year Floodplain?
❑❑ Yes No
0
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I. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer?
[—]Yes ❑No
c
If Yes:
a
i. Name of aquifer:
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c
d
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ra
Page 11 of 0 Q
in. Identify the predominant wildlife species that occupy or use the project site:
9.2.e
ar
n. Does the project site contain a designated significant natural community?
❑Yes ❑No
If Yes:
0
0
i. Describe the habitat/community (composition, function, and basis for designation):
ii. Source(s) of description or evaluation:
04
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iii. Extent of community/habitat:
a
• Currently: acres
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• Following completion of project as proposed: acres
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• Gain or loss (indicate + or -): acres
�a
o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as
❑ Yes[ —]'No
d
endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species?
E
a
N
N
O
N
4-
0
M
JNo
p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of
❑Yes❑
�a
special concern?
O
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C
3
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q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing?
❑Yes❑No
c
If yes, give a brief description of how the proposed action may affect that use:
as
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E.3. Designated Public Resources On or Near Project Site
N
N
a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to
❑Yes❑No
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Agriculture and Markets Law, Article 25-AA, Section 303 and 304?
If Yes, provide county plus district name/number:
y
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b. Are agricultural lands consisting of highly productive soils present?
❑Yes❑No
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i. If Yes: acreage(s) on project site?
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ii. Source(s) of soil rating(s):
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c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National
❑Yes❑No
Natural Landmark?
t
M
If Yes:
a
i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature
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ii. Provide brief description of landmark, including values behind designation and approximate size/extent:
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d
ar
c
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d. Is the project site located in or does it adjoin a state listed Critical Environmental Area?
❑Yes❑No
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If Yes:
+�
i. CEA name:
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ii. Basis for designation:
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iii. Designating agency and date:
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Page 12 of 0
e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
El Yes 9.2.e
which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the
State or National Register of Historic Places?
If Yes:
0
i. Nature of historic/archaeological resource: El Site ❑Historic Building or District
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ii. Name:
0
0
iii. Brief description of attributes on which listing is based:
N
0
N
f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
❑Yes❑No
y
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
a
�a
g. Have additional archaeological or historic site(s) or resources been identified on the project site?
❑Yes ❑No
V
If Yes:
c
i. Describe possible resource(s):
ii. Basis for identification:
d
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h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local
❑Yes❑No
Q
scenic or aesthetic resource?
N
N
If Yes:
O
N
i. Identify resource:
O
ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,
etc.):
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iii. Distance between project and resource: miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers
❑ Yes❑No
J
Program 6 NYCRR 666?
If Yes:
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i. Identify the name of the river and its designation:
ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666?
❑Yes ❑No
0
c
a)
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F. Additional Information
N
N
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Attach any additional information which may be needed to clarify your project.
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If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any
measures which you propose to avoid or minimize them.
y
E
E
N
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G. Verification
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I certify that the information provided is true to the best of my knowledge.
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Applicant/Sponsor Name Town of Wappinger Town Board Date April 7, 2022 a
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Signature / Signature on Original / Malcolm Simpson Title Planner, Hardesty & Hanover a�
PRINT FORM Page 13 of 0
NOTICE OF PUBLIC HEARING
AMENDMENT OF THE TOWN CODE
TOWN OF WAPPINGER, NEW YORK
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a
Public Hearing on the 91h day of May 2022, at 7:00 PM at the Town Hall, 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 should adopt Local Law of 2022
which would amend Chapter 240, Zoning, of the Town Code with Respect to the Shopping Center
Zoning District and Large -Scale Mixed -Uses.
PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its
Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on
the adoption of the proposed Local Law.
PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available
for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM.
DATED: April 11, 2022
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
JOSEPH P. PAOLONI
Town Clerk
Town of Wappinger
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
RESOLUTION 2022-80
Meeting: 04/11/22 07:00 PM
Department: Town Clerk
Category: Local Law Adoption
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors: Supervisor Richard Thurston
DOC ID: 5797
Resolution Adopting Negative Declaration In Connection
With Local Law Of 2022 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 2022 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
"Proposed Action"); 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, Hardesty and Hanover, the Town's Planning Consultant, has prepared a Full
Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes
the potential environmental impacts regarding said Local Law.
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 of the Town of Wappinger hereby adopts the attached Negative Declaration,
for the reasons stated therein, thereby finding that the proposed Local Laws will have no
significant adverse impact upon the environment, and thereby ending the SEQRA process
with respect to said Local Laws.
Updated: 5/5/2022 4:00 PM by Joseph P. Paoloni Page 1
Resolution 2022-80
Meeting of April 11, 2022
RESULT: TABLED [UNANIMOUS]
MOVER: William H. Beale, Al Casella
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Next: 4/25/2022 7:00 PM
Updated: 5/5/2022 4:00 PM by Joseph P. Paoloni Page 2
State Environmental Quality Review Act
NEGATIVE DECLARATION
Notice of Determination of Non -Significance
Date: , 2022
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, w
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. o
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Location: Town of Wappinger, Dutchess County E
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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.
2. The Proposed Action will not have a significant adverse environmental impact with respect
to any unique or unusual land forms.
3. The Proposed Action will not have a significant adverse environmental impact on any
wetlands or other surface water bodies.
4. The Proposed Action will not have a significant adverse environmental impact with respect
to new or additional use of ground water, and will not have a significant adverse
environmental impact with respect to the introduction of contaminants to ground water or an
aquifer.
5. The Proposed Action will not have a significant adverse environmental impact with respect
to the development of lands subject to flooding.
6. The Proposed Action will not have a significant adverse environmental impact on any State
regulated air emission source.
7. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of flora or fauna.
8. The Proposed Action will not have a significant adverse environmental impact on agricultural
resources.
9. The Proposed Action will not have a significant adverse environmental impact on any scenic
or aesthetic resources.
10. The Proposed Action will not have a significant adverse environmental impact on any historic
or archaeological resources.
11. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of recreational opportunities or with respect to a reduction of an open space
resource as designated in any adopted municipal open space plan.
12. The Proposed Action will not have a significant adverse environmental impact on a Critical
Environmental Area (CEA).
13. The Proposed Action will not have a significant adverse environmental impact on existing
transportation systems.
14. The Proposed Action will not have a significant adverse environmental impact as a result of
an increase in the use of any form of energy.
2
15. The Proposed Action will not have a significant adverse environmental impact as a result of
an increase in noise, odors or outdoor lighting.
16. The Proposed Action will not have a significant adverse environmental impact on human
health from exposure to new or existing sources of contaminants.
17. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with adopted land use plans.
18. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with the existing community character.
20. The Proposed Action will not have a significant adverse environmental impact on the supply
of housing in the Town.
Conclusion: Based upon this information and the information in the Full Environmental Assessment
Form, the Town Board finds that the adoption of the Local Law will not have any significant adverse
impacts upon the environment. This Negative Declaration indicates that no environmental impact
statement need be prepared and that the SEQRA process is complete.
Lead Agency: Town of Wappinger Town Board
Wappinger Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
Contact Person: Dr. Richard L. Thurston, Town Supervisor
Wappinger Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
(845) 297-2744
Filing and Publication:
This Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the
Town of Wappinger Town Clerk. Further, this Negative Declaration shall be emailed to
enb(a�dec.ny.gov for publication in the Environmental Notice Bulletin.
y:lsharedlofficeslnyAdataldocuments\docs2\500\wappingermisc code II neg dec 11-26-21.mms.docx
9
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Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
Meeting: 04/11/22 07:00 PM
Department: Town Clerk
Category: Local Law Adoption
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors: Supervisor Richard Thurston
RESOLUTION 2022-81 DOC ID: 5791
Resolution Adopting Local Law Of 2022 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 of 2022 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
"Proposed Action"); and
WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the
Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on April 11, 2022 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 April 11, 2022 and pursuant to the State Environmental Quality Review Act
regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed
Action will not result in any significant adverse environmental impacts, that a Draft Environmental
Impact Statement will not be required, and that the SEQRA process is complete; and
WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board
for its advisory opinion; and
WHEREAS, as in accordance with Section 239 of the New York State General Municipal
Law, the Town Board referred the proposed Local Law to the Dutchess County Department of
Planning and Development (DCDPD) for its advisory opinion; and
Updated: 5/5/2022 4:00 PM by Joseph P. Paoloni Page 1
Resolution 2022-81
Meeting of April 11, 2022
WHEREAS, in response to said referral the DCDPD responded with the attachment to this
resolution; 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 2022, 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: 4/25/2022 7:00 PM
MOVER:
Angela Bettina, Councilwoman
SECONDER:
Al Casella, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
Updated: 5/5/2022 4:00 PM by Joseph P. Paoloni Page 2
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.)
Draft: 4-12-22
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 2022
A local law entitled "A Local Law 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."
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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.)
LOCAL LAW No. _ OF THE YEAR 2022
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 2022, 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
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1. A new Section 240-55.G shall be added and shall read as follows:
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G. All farm animals shall be enclosed with fencing which is of such design so as to keep N
all animals contained within the fenced enclosure. co
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, twenty four (24) hours prior to that day, and twenty four (24) hours after that day.
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.
2
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. All fixtures shall be downlit, full cut-off, and dark -sky
compliant as identified and updated by the International Dark -sky Association.
C. ATM lighting. Unless accessory to a bank, all ATM banking machines shall be Q
installed indoors so that the New York State ATM Safety Act design requirements 0
shall not be applicable. The Planning Board remains responsible for ensuring that a
outdoor ATM banking machines accessory to a bank do not cause glare or other
unwanted light spillage affecting residential areas and uses. o
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D. Hours of lighting. Hours of lighting may be limited by the Planning Board in acting on CO
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 E
the minimum level necessary. "Nonessential lighting" applies to display, aesthetic,
parking and sign lighting. Motion -sensor security lighting may be used to promote 2
safety and reduce the amount of night lighting in the Town, as determined by the N
Planning Board. N
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
3
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.
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 a
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
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to reasonably minimize adverse visual impact of the gas station on said residential
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development. The Planning Board shall also consider the context of the surrounding
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land uses and the anticipated future surrounding land uses when determining the
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appropriate lighting level of the gas station. Island canopy ceiling fixtures shall be
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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
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considered to be part of the total amount of permitted site signage.
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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.
2
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:
Lot Size (at least)
40,000 sq. ft.
80,000 sq. ft.
3 acres
4 acres
5 acres
Maximum Size of One
Accessory Building (sq. ft.)
800
900
1,000
1,100
1,200
5. Section 240-21.F shall be revised to read as follows:
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
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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 4. Amendments to Chapter 210, Solid Waste
1. Section 210-14.0 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
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shall provide or cause to be provided and at all times keep suitable and sufficient
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authorized private receptacles for receiving and containing garbage or refuse that
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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
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removal of the contents thereof. Within the same day that receptacles have been
emptied by the carter, including twenty four (24) hours prior to the day of collection
and twenty four (24) hours after the day of collection, they shall be relocated and
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stored no closer than 20 feet from the front lot line or edge of roadway pavement. All
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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.
2. Section 210-12 shall be amended to read as follows:
Authorized Private Receptacle
A litter storage and collection receptacle of steel, aluminum or plastic of up to 96 gallons'
capacity with tight cover or larger steel container with closed lid.
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Section 5. 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 6. 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 7. Numbering for Codification N
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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 E
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 N
provisions of the Code affected thereby. N
Section 8. 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
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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 9. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule Law.
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MARCUS J. MOLINARO
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
EOIN YYR F ER, AICP
COMMISSIONER
The Dutchess County Department of Planning and Development has reviewed the subject referral within the
framework of General Municipal Law (Article 12B, Sections 239-1 and 239-m).
ACTION
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.
COMMENTS
We commend the Town for considering an expansion of the code's exterior lighting language, and for
considering an EV charging station requirement.
Exterior Lighting section:
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 terms "highway" and "local road" in §240-23 1 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
85 Civic Center Plaza, Suite 107, Poughkeepsie, New York 12601 • (845) 486-3600 • Fax (845) 486-3610
www.dutchessny.gov
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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
the Board's satisfaction that the waiver will not have a negative impact (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
We suggest emending the final sentence of the section to read: "Spaces with installed charging stations shall
be clearly identified with appropriate signage."
RECOMMENDATION
The Department recommends that the Board rely upon its own study of the facts in the case with due
consideration of the above comments.
Eoin Wrafter, AICP
Commissioner
By
Dylan Tuttle
Planner
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Dutchess County Department of
ro. ..........................................................................
E C.2./.D...e..12.t..
.122 t.e .................................. #Ipgs -1 9.4.b
........................................ ................................
Planningand Development
... ... . ... . .. .. ................................................
... Fro..inr.i ......................................................................... ..... ..........................
.. .. ... ...
Fax#
Phone #
239 Planning/Zoning Referral - Exemption Communities
Municipality: Town of Wappinger
Referring Agency: Municipal Board
Tax Parcel Numbers(s):
Project Name: Local Law: Lighting, EVs, etc.
ra
Applicant: Town Board _J4-
0
Address of Property: 20 Middlebush Rd r_
2
.
Exempt Actions:*
Actions Requiring 239 Review
Parcels within 500 feet of: >
239 Review is NOT Required
F-1 Comprehensive/Master Plans
State Road:
F-1
Administrative Amendments (fees,
procedures, penalties, etc.)
Zoning Amendments (standards, uses,
definitions, district regulations, etc.)
Fti
-1 County Road:
Special Permits for residential uses
(accessory apts, home occupations,
Other Local Laws associated with zoning
(wetlands, historic affordable
State Property (with recreation area C4
F-1
etc.)
preservation,
housing, architectural review, etc.)
or public building)
• Use Variances for residential uses
Rezonings involving all map changes
F-1
County Property (with recreation
F-1 area or public building)
Area Variances for residential uses
F-1 Architectural Review
C14
F-1 Municipal Boundary
Renewals/Extension of Site Plans or
Special Permits that have no changes
from
F -1 Site Plans (all)
Farm operation in an Agricultural CL
El District
previous approvals
F -1 Special Permits for all non-residential uses
No Authority to review these Actions
• Subdivisions / Lot Line Adjustments
Use Variances for all non-residential uses
F-1
• Interpretations
F -1 Area Variances for all non-residential uses
EExempt
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Action submitted for informal
Other (Describe):
El
E
review
Date Response Requested: 12/9/2021
_J
Entered By: Tuttle, Dylan
*These actions are only exempt in municipalities that signed an intermunicipal agreernment 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 Concern Local Concern with Comments
No Jurisdiction FIConditional
F_1No Authority F]Denial
F]Withdrawn F-1 Incomplete with Comments- municipality must resubmit to County
L] Incomplete - municipality must resubmit to County D informal Comments Only (Action Exempt from 239 Review)
F]Exempt from 239 Review
F]None
Date Submitted: 11/19/2021 Notes:
Date Received: 11/22/2021
Date Requested: 12/9/2021
Date Required: 12/22/2021
- Ej Also mailed Reviewer:
Date Transmitted: 12/7/2021 hard copy
F-1 Major Project
Referral #: ZR21-360
Date Pri
Dutchess County Department of
ro. ..........................................................................
E C.2./.D...e..12.t..
.122 t.e .................................. #Ipgs -1 9.4.c
........................................ ................................
Planningand Development
... ... . ... . .. .. ................................................
... Fro..inr.i ......................................................................... ..... ..........................
.. .. ... ...
Fax#
Phone #
239 Planning/Zoning Referral - Exemption Communities
Municipality: Town of Wappinger
Referring Agency: Municipal Board
Tax Parcel Numbers(s):
Project Name: EV/Lighting, etc. Local Law 2nd Submission
ra
Applicant: Town of Wappinger _J4-
0
Address of Property: 20 Middlebush Rd r_
2
.
Exempt Actions:*
Actions Requiring 239 Review
Parcels within 500 feet of: >
239 Review is NOT Required
F-1 Comprehensive/Master Plans
State Road:
F-1
Administrative Amendments (fees,
procedures, penalties, etc.)
Zoning Amendments (standards, uses,
definitions, district regulations, etc.)
Fti
-1 County Road:
Special Permits for residential uses
(accessory apts, home occupations,
Other Local Laws associated with zoning
(wetlands, historic affordable
State Property (with recreation area C4
F-1
etc.)
preservation,
housing, architectural review, etc.)
or public building)
• Use Variances for residential uses
Rezonings involving all map changes
F-1
County Property (with recreation
F-1 area or public building)
Area Variances for residential uses
F-1 Architectural Review
C14
F-1 Municipal Boundary
Renewals/Extension of Site Plans or
Special Permits that have no changes
from
F -1 Site Plans (all)
Farm operation in an Agricultural CL
El District
previous approvals
F -1 Special Permits for all non-residential uses
No Authority to review these Actions
• Subdivisions / Lot Line Adjustments
Use Variances for all non-residential uses
F-1
• Interpretations
F -1 Area Variances for all non-residential uses
EExempt
l
I
Action submitted for informal
Other (Describe):
El
E
review
Date Response Requested: 4/11/2022
_J
Entered By: Tuttle, Dylan
*These actions are only exempt in municipalities that signed an intermunicipal agreernment 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 Concern Local Concern with Comments
No Jurisdiction Conditional
F_1No Authority F]Denial
F]Withdrawn F-1 Incomplete with Comments- municipality must resubmit to County
L] Incomplete - municipality must resubmit to County D informal Comments Only (Action Exempt from 239 Review)
F]Exempt from 239 Review
F]None
Date Submitted:
Date Received: 4/7/2022
Date Requested: 4/11/2022
Notes: Digital submission
Date Required: 5/6/2022_E:i Also mailed Reviewer:
Date Transmitted: 4/11/2022 hard copy
F-1 Major Project
Referral #: ZR22-1 00
Date Pri
MARCUS J. MOLINARO
COUNTY EXECUTIVE
DEPARTMENT OF PLANNING AND DEVELOPMENT
April 7, 2022
To: Town Board, Town of Wappinger
Re: Referral ZR22-100, Lighting/EV, etc. Local Law, 2nd Submission
EOIN WRAFTER, AICP
COMMISSIONER
The Dutchess County Department of Planning and Development has reviewed the subject referral within the
framework of General Municipal Law (Article 12B, §239-1/m).
ACTION
The Town is proposing numerous changes to chapters 210, 217, and 240 of its code. We previously provided
comments on this proposed law in a letter dated December 7, 2021. The law has since been revised, especially
regarding electric vehicle charging stations.
COMMENTS
We find the revised EV charging station section to be confusingly worded. If we understand correctly,
applicants who wish to install charging stations will be required to add an additional 10% to their off-street
parking requirement. They would be required to install conduit at the time of parking lot construction, banking
the additional spaces if they intend to actually install the stations later (which would preclude them from using
that space for anything else). If we are correct in our interpretation this provision would serve to discourage
charging stations by substantially increasing the applicant's parking burden. The provision also seems to
indicate that the applicant would be required to lay conduit under the landbanked area, even though that area
would presumably remain undeveloped. Finally, as we noted in our last letter, the signage requirement should
specify that signage is only required once charging stations are actually installed.
We recognize and appreciate that members of the Board have concerns about governmental overreach with
EV charging station -related requirements. We support local laws that require or encourage laying the
groundwork for future installation of these stations, particularly in multifamily housing developments, for two
basic reasons:
- Avoiding disruption down the line. Charging stations are not a priority for many developers right now,
who don't see a lot of immediate demand. In 10 years, though, demand is likely to be much higher,
and it may become necessary to add them. That can be an expensive and disruptive process when the
parking lot is already there, since it may involve trenching, resurfacing, etc. We believe it is in the best
interests of our residents that local governments, who generally take a longer view than developers,
head off those future headaches by encouraging conduit to be laid during parking lot construction. We
are not insistent that the actual stations be installed right away (stations are relatively expensive to
install, but conduit is not). We simply believe that it is good planning to lay the groundwork now for
future installation.
- Equal access. As EVs become more popular, it will be straightforward for single-family homeowners to
install chargers in their garages. Not so for residents in condos or apartments. Given that residents in
multifamily housing are generally lower income than single family homeowners, this could result in a
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85 Civic Center Plaza, Suite 107, Poughkeepsie, New York 12601 • (845) 486-3600 • Fax (845) 486-3610
www.dutchessny.gov
future in which wealthier people drive EVs and lower -income people still rely on gasoline, even as EVs
become more affordable than gas cars, because they cannot charge at home. We believe there is a
strong case for municipalities to ensure that future residents have the opportunity to own a cleaner,
cheaper car regardless of their housing type. That's why our primary focus is on charging stations in
multifamily residential projects.
RECOMMENDATION
The Department recommends that the board condition approval of the law on removal of the 10% increase in
the required parking minimum for developers that wish to install charging stations. At a minimum, we
recommend that the Planning Board be given the authority to waive this requirement, especially for
multifamily developments, where parking spots can be assigned and a tenant with an EV can be assigned a
spot with a charger.
To encourage the inclusion of conduit for charging stations in appropriate projects and to clarify requirements
for developers that do decide to include them, we suggest that the Town replace the proposed language with
two short additions to the code:
- A section encouraging developers, especially of multifamily housing, to consider including conduit
during parking lot construction (perhaps under §240-86 P, Underground Utilities).
- A section describing requirements for signage, bollards, and other technical requirements for the clear
and safe operation of stations.
Voting and reporting requirements: If the Board acts contrary to our recommendation, the law requires that it
do so by a majority plus one of the full membership of the Board and that it notify us of the reasons for its
decision.
Eoin Wrafter, AICP, Commissioner
By
Dylan Tuttle, Planner
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Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Litigation
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-82
DOC ID: 5801
Resolution Authorizing A Consent Judgment To Settle
Litigation Between Town Of Wappinger And Verizon Wireless
Of The East LP D/B/A Verizon Wireless And Tarpon Towers II,
LLC
WHEREAS, Plaintiffs Verizon Wireless of the East LP d/b/a Verizon Wireless
("Verizon") and Tarpon Towers II, LLC ("Tarpon") ("Plaintiffs") instituted an action for varied
relief under the Telecommunications Act of 1996 ("TCA") as set forth in their Complaint filed
October 15, 2020 ("Complaint") in response to a decision by the Town of Wappinger Planning
Board ("Planning Board");
WHEREAS, among other actions, the Plaintiffs challenged the Planning Board's
adoption of a New York State Environmental Quality Review Act ("SEQRA") positive
declaration delaying a decision on Plaintiffs' pending zoning application ("Application") for a
150 foot tall monopole tower and related facilities ("Tower Facility") at a 48 acre horse farm in
Wappinger ("Farm");
WHEREAS, Defendants Town of Wappinger ("Town"), the Planning Board and Town of
Wappinger Zoning Board of Appeals ("ZBA") opposed Plaintiffs' claims and the relief sought
and asserted various defenses in an Answer filed December 3, 2020 ("Answer");
WHEREAS, the parties engaged in motion practice and the Court adopted an Opinion &
Order filed January 31, 2022 ("Order") which granted Plaintiffs' motion for summary judgment
in part and held that the SEQRA positive declaration adopted by the Planning Board violated
Section 332(c)(7)(B)(ii) of the TCA and as a remedy ordered the Defendants to "render a
decision on the Application within sixty (60) days....";
WHEREAS, the Plaintiffs timely filed a Motion for Reconsideration, in which they
requested, inter alia, that the Court reconsider the form of relief ordered and issue an order
directing Defendants to grant Plaintiffs all approvals and authorizations necessary for Plaintiffs
to construct the Tower Facility;
WHEREAS, the Town Boards have timely considered the Order and voted to approve the
Tower Facility with conditions which include entry of a Consent Judgment and which decisions
incorporate the substantive zoning and other approvals for the Tower Facility;
WHEREAS, the attorneys for the parties negotiated the attached Consent Judgment to
fully resolve the claims in the litigation;
WHEREAS, the Attorney to the Town has recommended the entry of the Consent
Judgment to settle the litigation;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby approves a settlement on behalf of the Town of Wappinger and consents to
the submission of the annexed Consent Judgment to the United States District Court for the
Southern District of New York and agrees to be bound by the terms of the judgment; and
BE IT FURTHER RESOLVED, that the Town Supervisor, the Attorney to the Town,
and Adam Rodd, Esq., special counsel for the Town, are hereby authorized to take all action
necessary and appropriate to effectuate the terms of this Resolution.
Updated: 4/11/2022 9:45 PM by Joseph P. Paoloni Page 1
Resolution 2022-82
Meeting of April 11, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/11/2022 9:45 PM by Joseph P. Paoloni Page 2
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------- X
VERIZON WIRELESS OF THE EAST LP d/b/a
Verizon Wireless and TARPON TOWERS II, LLC,
Plaintiffs, Docket No.: 7:20-cv-8600 (KMK)
-agamst-
TOWN OF WAPPINGER, TOWN OF WAPPINGER
PLANNING BOARD, and TOWN OF WAPPINGER
ZONING BOARD OF APPEALS,
Defendants.
----------------------------------------------------------------- X
CONSENT JUDGMENT
WHEREAS, Plaintiffs Verizon Wireless of the East LP d/b/a Verizon Wireless ("Verizon")
and Tarpon Towers II, LLC ("Tarpon") ("Plaintiffs") instituted this action for varied relief under
the Telecommunications Act of 1996 ("TCA") as set forth in their Complaint filed October 15,
2020 ("Complaint") in response to a decision by the Defendant Town of Wappinger Planning
Board ("Planning Board");
WHEREAS, among other actions, the Plaintiffs challenged the Planning Board's adoption
of a New York State Environmental Quality Review Act (''SEQRA") positive declaration delaying
a decision on Plaintiffs' pending zoning application ("Application") for a 150 foot tall monopole
tower and related facilities ("Tower Facility") at a 48 acre horse farm in Wappinger ("Farm");
WHEREAS, Defendants Town of Wappinger ("Town"), the Planning Board and Town of
Wappinger Zoning Board of Appeals ("ZBA") opposed Plaintiffs' claims and the relief sought and
asserted various defenses in an Answer filed December 3, 2020 ("Answer");
WHEREAS, the parties engaged in motion practice and the Court adopted an Opinion &
Order filed January 31, 2022 ("Order") which granted Plaintiffs' motion for summary judgment
in part and held that the SEQRA positive declaration adopted by the Planning Board violated
Section 332(c)(7)(B)(ii) of the TCA and as a remedy ordered the Defendants to "render a decision
on the Application within sixty (60) days....";
WHEREAS, the Plaintiffs timely filed a Motion for Reconsideration, in which they
requested, inter alia, that the Court reconsider the form of relief ordered and issue an order
directing Defendants to grant Plaintiffs all approvals and authorizations necessary for Plaintiffs to
construct the Tower Facility;
WHEREAS, the Defendants have timely considered the Order and voted to approve the
Tower Facility with conditions which include entry of a Consent Judgment and which decisions
incorporate the substantive zoning and other approvals for the Tower Facility;
WHEREAS, copies of the Defendant Planning Board and Defendant ZBA approval
resolutions are annexed hereto as Exhibit A ("Approval Resolutions"); and
WHEREAS, the undersigned parties represent that they are fully authorized to execute this
Consent Judgment on behalf of the respective parties.
NOW, THEREFORE, without any admission of wrongdoing or violation of law by any
party, and subject to the terms and conditions set forth below, the parties stipulate, agree and
consent to entry of judgment as follows:
1. This Consent Judgment incorporates all of the Town terms and conditions for
the Tower Facility at the Farm.
2. This Consent Judgment shall constitute a special use permit, site plan
approval and use/area variances issued pursuant to Wappinger Town Code Chapter 240, along
with any other discretionary permit or approval required by other chapters of the Town Code
including but not limited to a local wetlands permit pursuant to Chapter 137, for the Tower Facility
as shown in drawings last revised June 25, 2020 and proposed in the Application, subject only to
the conditions contained in the Approval Resolutions specifically incorporated by reference herein
3. The construction and maintenance of the Tower Facility shall comply with
the New York State Uniform Fire Prevention and Building Code ("Building Code") and a building
permit shall be issued by the Town's Building Department within 15 days of application filing by
the Plaintiffs, such application to be reviewed solely for compliance with the Building Code.
4. The parties reserve their rights as related to the New York State Real Property
Tax Law as same may be applicable to the Tower Facility and taxation.
5. The Defendants shall move the Court for entry of an order approving this
Consent Judgment in accordance with FRCP 58.
6. The parties agree to take all additional steps and actions as may be reasonably
required to implement and effectuate the terms and provisions hereof, and without limiting the
foregoing, Defendants shall further execute any permits, approvals, or other forms of regulatory
approvals as may be reasonably required by a third party in order to install and construct the Tower
Facility, subject to and upon any reasonable request by Tarpon and Verizon therefor.
7. This Consent Judgment constitutes the full and complete agreement between
the parties and the terms hereof shall not be modified except in writing executed by authorized
representatives of the parties.
8. This Consent Judgment effects a release of all claims each party may have
against any other party to the Action as of the date signed by counsel for the parties, and excepting
a) any claims arising under the terms of this Consent Judgment, including for the performance and
any alleged breach hereof, or b) reimbursement of reasonable consultant fees incurred by
Defendants in review of the Application, subject to the audit and appeal rights of Plaintiffs.
9. Each party shall bear its own costs and attorneys' fees.
10. This Court shall retain jurisdiction to enforce the terms and conditions of this
Consent Judgment.
CUDDY & FEDER LLP
Attorneys for Plaintiff
M.
Christopher B. Fisher
Brendan Goodhouse
445 Hamilton Avenue, 14th Floor
White Plains, New York 10601
(914) 761-1300
TARPON TOWERS II, LLC
M.
Brett Buggeln, President and COO
VERIZON WIRELESS OF THE EAST LP
I0
SO ORDERED this
day of , 2022
HON. KENNETH M. KARAS, U.S.D.J.
DRAKE LOEB PLLC
Attorneys for Defendants
Adam L. Rodd
555 Hudson Valley Avenue, Suite 100
New Windsor, New York 12553
(845) 561-0550
TOWN OF WAPPINGER,
PLANNING BOARD, ZBA
Richard L. Thurston, Supervisor
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Appointments / Terminations
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-83
DOC ID: 5790
Resolution Acknowledging Appointment Of Deputy Court
Clerk
WHEREAS, pursuant to Town Law § 20 and Uniform Justice Court Act § 109, the
Town Board shall provide such non judicial personnel for the Town Justice Court as is
necessary; and
WHEREAS, the Clerks of the Court are employed only upon the advice and consent of
the Town Justices pursuant to Town Law § 20; and
WHEREAS, the Town Justices recommend the promotion of Kara Micheletti from the
position of Clerk to the Justice to the position of Deputy Court Clerk; now, therefore
BE IT RESOLVED, that the Town Board, with the consent of the Town Justices,
promotes Kara Micheletti to the position of Deputy Court Clerk with her compensation at the
rate of $25.00 per hour; and
BE IT FURTHER RESOLVED, that the above appointment is an Exempt Civil Service
Position in accordance with the rules of the Dutchess County Department of Human Resources;
and
BE IT FURTHER RESOLVED, that the above appointment is subject to the approval
of the Dutchess County Department of Human Resources and are further subject to Civil Service
Law and the Rules of New York State and the Dutchess County Department of Human
Resources; and
BE IT FURTHER RESOLVED, that all necessary documentation for the appointment
shall be filed with the Dutchess County Department of Human Resources; and
BE IT FURTHER RESOLVED, that the Clerk of the Court shall file with the Office of
Court Administration any documentation necessary to effectuate the intent of this Resolution.
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/7/2022 1:07 PM by Joseph P. Paoloni Page 1
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Appointments / Terminations
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-84
DOC ID: 5798
Resolution Appointing Seasonal Groundskeepers
WHEREAS, the Town Board has determined that hiring seasonal employees in the Buildings
and Grounds Department to assist with the repairs and maintenance of Town Buildings and
Grounds is necessary; and
WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizes the
appointment of employees by the Town on a seasonal basis; and
WHEREAS, the Supervisor of Buildings recommends the appointment of the below named
Groundskeepers on a seasonal basis;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby appoints Thomas Johnston as Groundskeeper who shall be
compensated at $17.00 per hour out of budget line A.7110.0120 beginning on April 18,
2022.
2. The Town Board hereby appoints Rebecca Reilly as Groundskeeper who shall be
compensated at $17.00 per hour out of budget line A.7110.0122 beginning on April 18,
2022.
3. These appointments are seasonal appointments in accordance with the rules of the
Dutchess County Department of Human Resources.
4. This appointment is subject to the approval of the Dutchess County Department of
Human Resources and is further subject to Civil Service Law and the Rules of New York
State and the Dutchess County Department of Human Resources.
5. All necessary documentation for the appointment shall be filed with the Dutchess County
Department of Human Resources.
6. The 2022 Budget makes appropriations for these positions.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/21/2022 9:12 AM by Joseph P. Paoloni Page 1
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Tax Certioraries
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-85
DOC ID: 5796
Resolution Authorizing The Settlement Of Tax Certiorari
Proceeding Regarding HD Development Of MD, Inc. #1207
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax
certiorari proceeding commenced in 2021 by HD Development of MD, Inc. # 1207, regarding
real property located at 1570 Route 9 in the Village of Wappingers Falls, Tax Grid # 6158-19-
623204, seeking a reduction in the 2021 tax assessment for the respective tax roll; and
WHEREAS, the petitioner has agreed to discontinue the 2021 proceeding with no
refund; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
the 2021 tax review proceeding; now, therefore be it
RESOLVED, that the Town Board of the Town of Wappinger hereby approves a
settlement on behalf of the Town of Wappinger of the tax review proceeding for tax year 2021,
as it pertains to:
1570 Route 9, Tax Grid # 6158-19-623204
ASSESSMENT
ROLL
ASSESSMENT
REDUCED ASSESSMENT
AMOUNT OF
REDUCTION
2021
$9,966,800
$9,966,800
$0
2022
$9,966,800
$9,500,000
$466,800
and be it further
RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, Esq.,
Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary
and appropriate to effectuate the terms of this Resolution.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/7/2022 1:09 PM by Joseph P. Paoloni Page 1
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Special Districts
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-86
DOC ID: 5792
Resolution Authorizing And Appropriating Matching Funds
For Mid -Point Park Engineering Planning Study
WHEREAS, the Environmental Facilities Corporation awarded a $100,000 Engineering
Planning Grant (EPG) to the Town of Wappinger for an engineering report to identify sources of
inflow and infiltration in the Mid -Point Park Sewer District, evaluate alternatives, and recommend
improvements to the Town of Wappinger's wastewater collection system; and
WHEREAS, the conditions of the EPG program require the Town of Wappinger to
appropriate 20°% matching funds for the project; now, therefore
BE IT RESOLVED, that the Town of Wappinger Town Board authorizes and
appropriates a minimum of 20% local match as required by the Engineering Planning Grant
Program (EPG) for the Nlid-Point Park I&I Study. Under the EPG program, this local match must
be at least 20% of the EPG grant award of $100,000. The source of the local match, and any
amount in excess of the required match, shall be funded though the unallocated fund balance of the
Mid -Point Park Sewer District and the General Fund. The maximum local match shall not exceed
$20,000 based upon a total estimated maximum project cost of $120,000. The Town Supervisor may
increase this local match through the use of in -kind services without further approval from the
Town of Wappinger Town Board; and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide a
certified copy of this Resolution to the Environmental Facilities Corporation as required by the
EPG program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/11/2022 9:57 PM by Joseph P. Paoloni Page 1
ENGINEERING SERVICES AGREEMENT
This day of , 20, CLARK PATTERSON LEE (CPL), 205 Saint Paul
Street, Suite 500, Rochester, New York 14604, ("the ENGINEERS"), and the TOWN OF
WAPPINGER, 20 Middlebush Road, Wappingers Falls, New York, 12.590, ("the OWNER"),
hereby enter into the following agreement.
ENGINEERS' RESPONSIBILITIES
The ENGINEERS shall provide Engineering Services to the OWNER in conjunction with the
Midpoint Park Wastewater Collection System Infiltration and Inflow (I&I) improvements, consisting
of cleaning and camera work of the existing collection system. The ENGINEERS shall provide
services to the OWNER under three categories of work:
1) ENGINEERING SERVICES
2) CONSTRUCTION RELATED SERVICES
3) MWBE SERVICES
1. ENGINEERING SERVICES shall include the following:
a) The ENGINEERS shall prepare specifications and bid documents ("Instruments of
Service") for use solely with respect to the proposed project. The ENGINEERS shall be
deemed the authors and owners of the Instruments of Service and the ENGINEERS
retain all statutory, common law and legal rights, including copyrights, to the
Instruments of Service.
The OWNER shall have a limited non -transferable license to use the Instruments of
Service for the proposed project so long as the OWNER has not terminated the
ENGINEERS.
1
b) The ENGINEERS shall meet periodically with the OWNER during the Engineering
Services phase in order to communicate about the specifications and bid documents.
c) The ENGINEERS shall prepare an engineering report on the proposed project, which
among other things shall include construction cost estimates for repairing the current
collection system infrastructure and for decommissioning the existing treatment plant.
d) The ENGINEERS shall submit the engineering report to the New York State
Environmental Facilities Corporation for their review and approval.
e) The ENGINEERS shall assist the OWNER with the bidding process, including the
advertisement for bids, distribution of bid documents, and the pre -bid "walk through"
with prospective bidders. The ENGINEERS shall attend the bid opening, review bids
and bidders' qualifications, and make recommendations for bid awards.
2. CONSTRUCTION RELATED SERVICES shall include the following:
a) The ENGINEERS shall assist the OWNER in scheduling a meeting for signing of
contracts and a pre -construction conference.
b) The ENGINEERS shall provide construction administration services during the
course of construction. These services include review of shop drawing submittals,
review of contractors' applications for payments.
c) The ENGINEERS shall schedule periodic project progress meetings with contractors
and the OWNER, in order to review, discuss, or address any construction issues and/or
project scheduling. The ENGINEERS shall keep minutes of project progress meetings
and distribute the minutes to the OWNER and contractors.
d) The ENGINEERS shall assist the OWNER in providing communication to the New
PA
York State Department of Environmental Conservation and New York State
Environmental Facilities Corporation, as well as other regulatory and review agencies,
as appropriate, regarding the progress of work.
e) The ENGINEERS shall provide an onsite Inspector who shall monitor the cleaning
and camera work, maintain records of the progress of the work, and communicate
questions or concerns to the designated Engineer -in -charge of the project. The onsite
Inspector shall not have authority to make decisions in the field. It is anticipated that
the Inspector will be onsite, on a full time basis. The ENGINEERS shall not be
required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the construction work. The ENGINEERS shall neither have control over or
charge of, nor be responsible for, the means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, since
these are solely the Contractor's rights and responsibilities.
f) The ENGINEERS, at the successful completion of the work, shall provide an
Engineers' certification that the work has been satisfactorily completed in conformance
to the approved plans and specifications.
g) The ENGINEERS shall assist the OWNER in providing closeout documents for the
project for project financing purposes.
3. MWBE RELATED SERVICES shall include the following:
a) The Town represents, and the Engineer acknowledges that the Town will finance the
Project through NYS EFC Engineer Planning Grant Program (EPG) and shall comply
with the grant conditions, including compliance with the NYS Minority/Woman-owned
Business Enterprises (MWBE) requirements and Service Disabled Veterans Program
3
requirements. The ENGINEERS shall attempt to satisfy current MWBE goals as set
forth at 30% and current SDVOB goals as set forth at 6% for services related to
engineering as well as written in construction procurement documents as set forth in the
Mandatory State Financial Assistance Terms and Conditions, dated November 1, 2021,
see attached.
b) The ENGINEERS will prepare an intended use plan for MWBE Services as related to
design and construction related services upon request.
OWNER'S RESPONSIBILITIES AND COMPENSATION
1. For services described under ENGINEERING Services above, the OWNER shall pay the
ENGINEERS a lump sum fee of $19,770.00.
2. For services described under CONSTRUCTION RELATED Services above, the
OWNER shall pay the ENGINEERS a lump sum fee of $73,880.00
3. The ENGINEERS shall submit periodic invoices for payment to the OWNER, generally
once per month, for services provided. Such invoices shall be billed against the lump
sum fees (including any MWBE services) herein provided. Payments to the
ENGINEERS requests shall be due and payable within 30 days after the invoice date.
Amounts unpaid after 45 days after the invoice date shall bear interest at the legal rate
prevailing at the principal place of business of the ENGINEERS.
4. The OWNER shall reimburse the ENGINEERS for out of pocket expenses incurred
during the course of the ENGINEERS' work on behalf of the OWNER, at cost times a
factor of 1.1. Reimbursable expenses include printing of plans and specifications,
4
postage for shipping of same, and any necessary travel to destinations out of the project
area. Travel to the project area, printing and postage involved in general
correspondence, reports, phone calls, and meals, are not reimbursable expenses.
ADDITIONAL SERVICES
If Additional set -vices not identified in this Agreement become necessary or are
requested by the OWNER, they shall be identified and mutually agreed upon in writing
before the set vices are provided. Fees to be paid to the ENGINEERS for such Additional
Services will be negotiated at the time when the need and scope can be identified and
quantified.
OTHER PROVISIONS
1. This Agreement (including the rate schedule attached) represents the entire and integrated
agreement between the ENGINEERS and the OWNER and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both the ENGINEERS and the OWNER.
2. The ENGINEERS agree to indemnify and hold harmless the OWNER from and against
any and all suits, claims, liabilities or any obligations of any nature incurred as a result of
the ENGINEERS' negligent acts or omissions in the performance of the contract.
3. Causes of action between the parties to this Agreement pertaining to acts or failure to act under
the Agreement shall be deemed to have accrued and the applicable statute of limitations shall
commence to run no later than the date of the Engineers' certification that the work has been
satisfactorily completed in conformance to the approved plans and specifications.
5
No suit or cause of action pertaining to acts or failure to act under this Agreement shall be brought
by either party to this Agreement against the other more than five years after the date of the
Engineers' certification (or sooner if the applicable statute of limitations period for the cause of
action or claim is less than five years) .
4. The ENGINEERS and the OWNER waive consequential damages for all claims, disputes or other
matters in question arising out of or related to this Agreement.
5. Should the contract be terminated before the completion of the project, the ENGINEERS shall be
compensated for services provided up to the time of contract termination, in accordance with the
provisions outlined in this Agreement.
IN WITNESS WHEREOF, the parties have hereunto signed this Agreement the day and
year first above written.
CLARK PATTERSON LEE (CPL)
Timothy J. Moot, PG
Principal
TOWN OF WAPPINGER, NY
6
Richard Thurston, Supervisor
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Grants
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-87
DOC ID: 5793
Resolution Authorizing Town Supervisor To Execute
Engineering Planning Grant Agreement With NYS EFC
WHEREAS, the Environmental Facilities Corporation awarded a $100,000 Engineering
Planning Grant (EPG) to the Town of Wappinger for an engineering report to identify sources of
inflow and infiltration in the Mid -Point Park Sewer District, evaluate alternatives, and
recommend improvements to the Town of Wappinger's wastewater collection system; and
WHEREAS, the EPG program requires the Town Board to designate and authorize by
resolution an individual to execute the EPG documents on behalf of the Town of Wappinger;
now, therefore
BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes
the Town Supervisor to execute a Grant Agreement with the New York State Environmental
Facilities Corporation (NYS EFC) and any and all other contracts, documents, and instruments
necessary to bring about the project and to fulfill the Town of Wappinger's obligations under the
Grant Agreement; and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide a
certified copy of this Resolution to the Environmental Facilities Corporation (EFC) as required
by the EPG program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/7/2022 9:48 AM by Joseph P. Paoloni Page 1
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Special Districts
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-88
DOC ID: 5794
Resolution Making SEQRA Determination For Mid -Point Park
Engineering Planning Study
WHEREAS, the Environmental Facilities Corporation (EFC) awarded a $100,000
Engineering Planning Grant (EPG) to the Town of Wappinger for an engineering report to
identify sources of inflow and infiltration in the Mid -Point Park Sewer District, evaluate
alternatives, and recommend improvements to the Town of Wappinger's wastewater collection
system; and
WHEREAS, Title 6 of the New York Code of Rules and Regulations (6 NYCRR)
Section 617.5 under the State Environmental Quality Review Act (SEQRA) provides that certain
actions identified in subdivision (c) of that section are not subject to environmental review under
the Environmental Conservation Law; now, therefore
BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby determines
that the proposed engineering study to identify sources of inflow and infiltration in the Mid -Point
Park Sewer District, evaluate alternatives, and recommend improvements to the Town of
Wappinger's wastewater collection system is a Type II action in accordance with 6 NYCRR
Section 617.5(c) (27) which provides that "conducting concurrent environmental, engineering,
economic, feasibility and other studies and preliminary planning and budgetary processes
necessary to the formulation of a proposal for action, provided those activities do not commit the
agency to commence, engage in or approve such action;" is a Type II action and is therefore not
subject to further review under 6 NYCRR Part 617; and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide a
certified copy of this Resolution to the Environmental Facilities Corporation (EFC) as required
by the EPG program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/7/2022 9:53 AM by Joseph P. Paoloni Page 1
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
RESOLUTION 2022-89
Meeting: 04/11/22 07:00 PM
Department: Town Clerk
Category: Agreements, Contracts, Leases
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors:
DOC ID: 5795
Resolution Authorizing Engineering Services Agreement For
Mid Point Park I&I And Sewer Improvement Study
WHEREAS, the Environmental Facilities Corporation (EFC) awarded a $100,000
Engineering Planning Grant (EPG) to the Town of Wappinger for an engineering report to
identify sources of inflow and infiltration in the Mid -Point Park Sewer District, evaluate
alternatives, and recommend improvements to the Town of Wappinger's wastewater collection
system; and
WHEREAS, the EPG program requires a separate contract for professional services
funded by the grant; and
WHEREAS, Clark Patterson Lee ("CPL") are the Engineers to the Town of Wappinger
and are familiar with the Mid -Point Park Sewer District and are duly licensed engineers in the
State of New York; and
WHEREAS, the Town Board has determined that it is in the best interest of the Mid -
Point Park Sewer District and the Town to retain the services of CPL to provide engineering
services for the EPG project; now, therefore
BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes
the Engineers Services Agreement for the Mid -Point Park I&I Study in the form attached hereto;
and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger
hereby authorizes the Supervisor to execute the Engineers Services Agreement with CPL and to
deliver a copy of the same to CPL; and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide a
certified copy of this Resolution to the Environmental Facilities Corporation (EFC) as required
by the EPG program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/7/2022 9:56 AM by Joseph P. Paoloni Page 1
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
RESOLUTION 2022-90
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
Meeting: 04/11/22 07:00 PM
Department: Town Clerk
Category: Correspondence
Prepared By: Joseph P. Paoloni
Initiator: MinmeTraq Admin
Sponsors:
DOC ID: 5 802
Correspondence L g - 2022-04-11
Number
TO
From
Date
Date Rec"
Re:
Agenda Date
04-11-001
Town Board
John Anderson
312912022
3/29/2�022
Letter Request To Be On Board Of Assessment
411112 022
04-11-002'
Town Board
Paul W. Wolf Esq
0112022
0112022
Notice Re. Improper Executive Session Motions
411112022
04-11-003
Town Board
Laurel Becker
411/2022
411/2022
Email Re: Unreported Gasoline Spill
4/1112022
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:
William H. Beale, Councilman
SECONDER:
Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/7/2022 2:46 PM by Joseph P. Paoloni Page 1
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Wappingers Falls, Ny 125901
March 29, 2022
Christian Harkins
Wappingers Town Hall
20 Middl:ebush Road
Wappingers Falls, NY 12590
Dear Mr. Harkins and Town Board members
I am requesting I be considered to be a member of the Board of Assessment Review. I have been a
resident of the Town of Wappingers for 27 years. I am very familiar with my community and have raised
4 children here.
I have been an educator for 37 years and have a master's degree in Administration and Supervision as
well as extensive experience with statistics and sociology.
I am very familiar with the assessment grievance process as a tax payer at all levels. I would like to
contribute to my community based on my experiences by being a member of the Board. l feel that from
these experiences, I can help people, feel less frustrated by decisions they encounter.
845 5015 2094
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Town Clerk
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For Open Government., Inc:__
Advocating far timely access to information & meaningful citizen participation
www.nyopen og v.org
February 21, 2022
Wappinger Town Board
Ha entail only
Re: Violations of the Open Meetings Law
:Dear Town Board Members:
The New York Coalition For Open Government is a non-profit, non -partisan organization
dedicated to addressing transparency in government issues. We. have reviewed how your January 24,
2022 and February 1.412022 town board meetings were conducted.
Meeting
. Documents Are Not Dein Posted As Reg wired
The documents for your January 24'i1 and February 14'h meetings were not posted online prior
to the meeting as required by the Open Meetings Law. It is important that the public be able to see all
meeting documents on the town board's agenda prior to a meeting. The Open Meetings Law was
recently amended to mandate that meeting documents be posted online at least 24 hours before a
meeting occurs. The town board member meeting packet should be scanned and posted online, which
will allow. the public can see the same documents that board members have in front of them during the
meeting.
ImUrover Executive Session Motions.".
Afyour _,j;aqiwy 241 meeting a Motion was made to hold an executive session 'to discuss
"personnel, contract discussions and litigation". It. is important that when going into an executive,
session thgthp.publiQ be fully informed regarding the specific items being discussed.
any `executive session motion to discuss personnel,. 7 is too vague and general. The word
"pers6 Y,.'.'does,,n�qv evei� �t appear in the Open MPetinMeetings_taw.'While the name of the individual being
discussed does not
1, �f-have to be disclosed, the .public. .c:,:6ou1d Abe provided more information such as
' :
whether the discussion is to hire soineone,- disbipline som�oohd'or to terminate someone.
A motion
tion tp._.go,:Jtito an exec.-Litive,ses ' sion -for ' 'contra' ct ' discussions".is also not a sufficient -
bargaining motion under the Open �Meetings Law The name of the union or -coho6tive ' b ' i ifig unit should be
stated so that the public is aware of what contract discussions are taking place. If the contract being
dikussed is not related to collective bargaining, then it should not be discussed in an executive
session.
An executive session motion to discuss "litigation" is also not a proper motion as the name of
the case being discussed should be disclosed4 9 the publAc, If the board is simply getting an update on
. 'A "
the status of a legal matter that. should occur in public. The only reason for discussing a lawsuit behind
closed doors is to discuss legal strategy. Frankly, legal strategy should be left to the attorneys and not
something that board members should involve themselves with.
Attached are copies of several opinions from the New York State Committee on Open
Government, which explain how to do a proper executive.segsion, moti6n.!:
We hope that you will find this letter and the information provided, helpfiji and. that 'You will
take the necessary steps to change how you have been conducting town meetings. Often times bad
habits. and customs are carried forward astheway thipgs,_4ave OwayA been donpWhile you cannot
forward
U 'h to correct , a.:
e," , you can _Y1V i pro
past e� 'INV M Ye
Sincerely,
Paul W WoIf,:p'-sq',
9
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. ew Vork State Committee on Open Govermneut Opinions
(8 Pages Follow)
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The staff Qf the Gornm4ftea. on GON! Government J�a Qd b5 . :in. o0s. The ensulng. ff t d
opInion Is bo$od ' idly upon th'alhfon-liation 0��sent. . ed- ft . I your Y
Dear
I have. receiv�d.
Bo' your -let e?,I:n whidh yo.o asked uha1 oevie, a notice iven piliSr ro..a - eOtjhg held jointly by the c0ardaqd'the pjjilifg Qardof -the Towq of "Onrge
and corrlmen.t with sr6s.pedt tca its. propAety.ln brief,
a moedn , wo Id the notice
.9 w be field -at 7,�O a.0 that: "filmmediately Opon, opeoinq, th'i
.exacutiVe §OWO.01.0 dis(zuss. cootr-tual hogo .tiations for th!,;wr_ Uftitidii of prOpeAty";(empha
sIs 800,d)
You e�4presseO the. bellef that,
"...the Kedt W09 W. let.the pubk'kn6W thqt-,.We neededtb dfttwe�S-animpolt.;�fnt matter (I b0levw.asi q�thot itjhi j�qui�itf.on of redi. PrOpOrty'kere the.. Prim might be affected) before we m�O . t wi . ih a second : group of prvo.
ROV:Waht the p0fic to4lab w Lip Ot th�.z a -Oadbe -me, -Ig
ppofnt�deirne _p6 �m ry with: us f6r Imm Info OXeWtive
Wssion.'YvIthoOt OYWakntqgMany ttmos peo-ple th. t am to. our m��tinqs are Comflng -e f�.o work. in the City' anti
. . . 0 r e corm; . h9m M
WQ T.fY TO �110t the M. kROw What"-s going on, Tbzrywas no: ffitentio �Q.fttying to.. cover wml�th.irigVp in fp. .
the opposlteCt
it vAia.s exactly
in this rtgord, -by Way 6f bacl tjrdund the 6r40� "e�Ojtive session" is dented, fn. §JQ�_3)
the o0ft e tth .9.s Law to!r h OaO..4:POrLJon Of an Opetl Meeting ft�jnq WhIch th.( poWic;may be 4xOljde4; As su-ch, an,
executive is not. sep"4nste -and distf"afrom a Mi54dng, Wa rath�r 18 a port.10n of an open meetki.g. 'Me L8'. alto.
procedure thelf. rpOa �addiompffshiW
bef4r,-eian OOLAANe -$esslon:rnay b� hefd,.
Peciffoily�41W.(1.) state$Jn
t) Por:8 an r ty. Vote �Qr its- kota I rnembeV!gh - 1p, taken In, an opja�n �moetin5 pq�.sqgq Ile gi�hea
ar , Wo. 1 t tu a I notion 10-ntOin.g t
or areas 6fthe sOjOct 0 $L(bj6ctqAa be considered? a PUbRC body may Corld.G.Ct al! eXotUtiVO for the
betow
Ire conse 'the. furegw, t ently,adv),ged:that. 6 pudic body, 111. a
V tatio n uY ng.
ij.a vote tQ entorinto
techrftalsense, canri t SC 41'e or condu'r-tz i �t b of d session inadvance a ase
an Oxocutivd se-sSfOn rnust bn taken at ah:000 mee.019 durfaq. Whibli the 0 r, by-e sqsston. Is held In d cied8i&
lNolving the progrl� 1e ter of �.�h, dt in
.0 exerutive:SeS90h. Prlbr to. maetihq�5r 1t was he (d. that,
"The,reg.pondent 86a..rd Prepared -an agi.tinda for earl? Of th6 RV designabod regUl,�rfy$Oig4uled mee nngs �-aovonw- of
tle tftlpthat those rneetingS Wort to -be, held, ge 'nda-.fist d loutive
0. . .xik
un,doitaken fit khe -ma?eaig., Tf.-le this PrOtedurevlo)atfts the Gpn Mpefings Law bca_tj . U der
thk io so n it
,PrQVr5 b Ive
44W te.ctWP -QOVTJ VOVO��i that a Pubffc: od� cannot.sched.die an exe�qt; sessijDn in:
advance of the open '
oevui�etjqg., Se.Ofa,rf 10,0[1j provijef s twit a pUblic•body t"ywn4otat an. execjet'fve Session only for
c6rtairinumratod piposoa rrnajo rify v tethenatal �OMhlp taken atn open motioglas 80roved a
xnot�on to enter 1rito:,such L2a $6sslQn, Based U00n t01s, it. is. app;prent,that pe6 'in -Ing
jtio;lee is tecWt:Ay corrert easert
.fhK the ro'staorydoot..c.anri,ot,4cid"e to enter into. ern executive
Orsphedule%tcsession in advaacq Of a proper VOto. for the, Same at an QPQn2 Meeting" [0061ittle, MAtter of
�6',�rd pf $Qp- Ct
V. I sty:; Ch.eftIQng cty�, July- 2.1,198t; fljot�'. the open Meetings 44W has beoh renombered
angi W"O 1;9vow
. text/O3339.13tal Packet Pg. 112
10/912017
` olcome to the Commidee on open Government
liar the reasons expressed. in the preceding commentary, a public body cannot In ray view
o.thefjule executive Sesslon In advance of a meeting. In short; because a vote to enter Into an executive sesJon
must be. made Ind carried by a majority vote of the total membership during an open rneeting, technically, it ceinnot be
ie,nown to advance of that vote that the motion will Indeed be :approved. However; analterrr:ative method of achieving
the des1red FVS.Ult that; would cQmply with the I�trpr of th.e law has been suggested in conjuni Lion intitfh. sirn lar
situations. Rather than: scheddlithg on executive session, the. Board. ott its agenda or noticeof a meeting could refeir to
or schedule a motion to eater into executive session to discuss cerWn subjects, reference to a rnotion
to Wilduct an executive sess!on would not represent an assurance 'that an executive session would ensue, but. rather
that tlh;ere is an.intent to enter Into an executive session by Means of �h Grote to be taken dur•ln .a meeting. I
understand that the 111tent was to be considerate to the publip, grid by Indicating, that an. executive session is likely to
be held. (rather than scheduled), the public would impllcitly be i;nformod that there may be no oveniding reason for
arriving at tlh:e.iaeginning of a Meeting.
Lastly, based on the Information that you provided, It appears that an executive session .coWd properly have .been held.
ectlon 105(1..)(.h) of the Open Meetings Law states that public body rr!�ay enter into e ecutive to dist:uss "the proposed
acquisition, sale or lease of real faroperty. _Wt OnlyWhen d:lrhlicity would substantially affect the v lu thei, . f'.t
x 'hope. that tht foregoirig serves M clarsify your understanding of the Open Meetings Law arrd that I have been of
assistance.
inreroly,
Robert.], Freeman
EXO tive Dirertor
Rjri jm.
39
Packet Pg. 113
tiitp�liduo�.dp�:rt�.g+av{ot�pr�Gt�flex4/t��339,httYr .
IWI/2617 The (' .91nmAtee qn Cipe6.00vemmertt,
QKL-AQ-461.!�
April 2,'% 200�
I 9.1;.a7
FROM, Robertl., Fre6man, 1�xeLcA,stlive Mectot
Vzjr-Mr, Nrnes.,
t We rOONed your IdUer in wh lth yoti raised queabons relating, to: the'upen'Meatiags Law.
In t.A!S regprd ff6tj Abe Open
Reetjn.Q� Law requires that a procedure be amompli5hed, during an open
meetfng, -before z pubfic body may iqhtoi- t0o a.ije;4qufivo session, §c.105(j) �Stpteg rnrejpvot P.,Ot tht-.
Upo . via major.ity-vote.bf it$ -tat fteTberfiipj t4A-P fh Aj� Op
4 n M.egti6g. purs Li int -to hip Vop ld�ptlfylmg
th.0 ge , ijemaft,�t6E� car arras -of the-S.U�j.ect. or subjects tea be considered, a public bodymay co�nduct an
exec'utive session foi- the bel OW e0M mer�Aj�d Pdrposeg 601y.
A-s:-8.uCh,. z motipp tp Co1idU,4031 Oxe(,lAOO Session mua ffl:Oudo weranCo tip the !subje(�t o�.qu.Weets to be:61SWg0di
and the, mobonimust be carfiad, by majority-
rity- vote & a public bady'_% membership befwv sdch a session ma�fi VaWdly' be
h,407 Thes-on,91,1i;04 nod fiftijtt*sobjec*s that may apprb.prl�tely
exacotive Se5siork-
In' comet trqjnq thp. exqeptiln. con;erni rig lftl�gafipn, R. has �.een h610 that:!
lllie krfypsc,, Gforovoph V. io. "to enable is to enoble * pus j- boAy to dj'.ScLj5s pendiog jjtigatjein larivataly,
Without barlraq As strategy to. its a4v etaary fhrouqfi mjhdatorV Oubjjr, M.,j�atinasJ: (_M8ft&erkqf Cbhct�,ned,
Cjtj�,_'gns, to RgVlew � eff e ali. KV. Tbown 8 83
OLI. �Lal. JM_ -Of Thymof) AD 2d; 012, 613, 441 MY $ 2d
292). Tha Of thq t'aWn!5 . . 'a, aLve 4! 'ner'woufdalmostortzi [lily 1:24'd
:at(oraey that 0 &dsibq U-0
Me.
xecKjVe 6 "Sim TO
to lib4atfon' does not Justify tho cQndu ng: of this' qv4lit W . t W 5
arguM.intwoofd be.to arcoPt the view Viet any publiq. bady Could bar the public from. -its 31jeetings SimPly
be o)(preseing the fear that lleigat4jon njoy result l� .qm Odfonstoken that ih, $Vqh P View would be
cohtripN to.Math t1te ietteVand the spirit -of. the exception" eatherwaxy, Lgyyn o_f Stan y-P �oij- 97 AD 2d
840, 841 -(19�3)]
i
BasQd.Ljpon the d it a Publi �iady to dlscq�4 K,$- IN19bUP"
. e fu.rQgoinq:, I belive that the:excePtion 15:4,ftrlde to Pqrm . X
5tettegy b�,hl.nd ddteO doors, rather than issues that might eventually.rvsult in litjgatirol.
4
Oth re'Voild to the st,4;t71en-5;y of a mptioii to 0_40USO littoptidn' it has boon hel thtt;
'Irt :ih Uffident. Wmerely requrqfjatne _jb.e: a-atLjtory 1anquage, to wit, 'discussions regordin.9 proposed,
pendi"ng 6r current ktl'gatloh'. this boRqrpiate rermatlo.o dares hot campy with tfte ffite6t: OQh�6 statute. Tck,
valrdly converie: an Ees8jpnfor dism5sion -Of:proposed, pendftig.car cvrren.tJ!tlqqt Jph the public
101712017 The. Carnmilteta'on Open Governrnent
body Must identify with partlCulatrlty the pencilrig, prcpo!3ed or ccirrent litigaticarr to be discussed €turlrtcg
the executive sess10W a to .. ,: r�tl cs �n c�bl kll�l, 44 NYS 2d 44, 46
ern.phasis addait by court]..
The emphasis in the pass.,zig.e quoted above Oil the WON "tlae'r Indicates that when the discussion relates to
fitigotion that hasbeen Initiated, the motion must name the lltiWicsn. Fiat- exaMipke, a proper t' otion mighttie. "I mov(:
to. enter into .executive Session to discuss our litigation Str@tegY in the Mse of the XYZ Company v, the Village Qr
Watkins Glen," If th:-, Board seeks' o. discuss its. fitigation strat:ew inrelation lation to a. person or entity: that it intends to
sot, and If premature idcintifloation of that person Qr entity cpuid adversely affect;the ihter gists of the Villago ami. it-$
residents, it has been. suggested. that the motion need not I.dLant:ify that: personor entityj but thot It should clearly
it` dicetes that the &4.—us5lon will fnvolve the k1t1gation strte9 , OnlY by McOns of that kind of description r n the public
know that the subject matter may ju8tiflably be corlsiderad during an executive session,
'Ocond, there. 15 no requirernont that. rr.ji mute of 4'3'Fi�edn% be posted on a ld ebsite.. An agency m. ay chuo�3e to
do $o, but them. is no obligation to do so.
T ho..pe that I have been of assl tarl�a.
RJF:tt
cc, Board of 1rusl ees
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Dear 0
We are in receipt 1.) rkl�&Mln. app}iadon of the Open Meetfriqls Law to
Ofy qyost -for zhadVisOtY 6 IWO Cd
C!Malfl proeted !.nos ofthe Hamilton County, Xhdjjstri-a1.OevdLQPrrrlmt Agency, $pedfica,ay 'tooed Who�hel-
you qoost T
reP,P_*W mai'Ons to epw,.jinw exetutwiL'session to 110e legal and ffiian-f ial asp6cts..Ofthe W -OaK. project; 04
"the status of thefitlgedon concerffln� Oak.O.It. qki: tenter, "foreclosure proceedings"' ON W, OrOjeCA aril the 04
Q
fin 04
to the: prgiect"' were W k!_�O.Jnq vOth the PrbVisiofu� reg:0rdjTq,Ox%PV-ve sessions. Y u- sobrn-Itted I
rnir)utes from . :nine , separ t eetli gs, eu ,ri Of W'Ich irid Ude an explanation that" no. actIon.,was -taken" dor-ing thO CO
LU
executive..s,easl Qn, In this regardwe. offer the followbj� COO- Mepts�
First, the Opeil M&�Ubgs lzvv roqOrea that a procedure be ewomplish0i dOng 6pen hieetEng before a pobli.c body
M'tor oy fm 9
04
QpOn 0, tai<on ill a -06 edung ptirsuant,to a- Mation lde�tff
a: majority Vote afjt�.total mebibi�r4jhl n reran n-1 yfng 04
the general area or. ar 6r 04
e of the:subje�q 61" wbjeOs t& b.aconsldOed ai pl�it� budV may conductan
P xi�c .4
ptivp .S;es i0rffor� the �tOw Ohumeraiod Pur Oies On
AS aucii, U mqtiot) -GO cpjjdLfct.an executive include referemr e to the sm*d at .5ubject$ tribe -dl�cu8sed, E
and the rnotfori must:be cardeel.by majurity vote of a Publichqdy's. WtW: Mernbeirihip,.bofore 5juch asesSiOn MMWY lidlY
,)e held.
rh J�JJOUiijg,jyj 'm 'e s t
a _0 . V �p�i�ify and 0 , it the subj Ct that
Second, Lit has been heidjudiciallythat:
P-ublic Offtce�s Law
fy h . .. I �,.S e e
,..the- pub.lic bod.v inust identi . t. e s0ji�U MWOW W 0� di= I s d (8
and it is apparent that.'this mus
t be accoft#MO ith somogree OFParticulprityL C i Mreiy reciting.
toe , ptatutovy. _j,ngo*gp is in%tMicient s0e
303, 304-3Q5).M.ditionMly, the topics- djs e
excqptorl$ 6nuffieroteo in the statute (..see
.pnv��ers v Cit Of Pjattsb 1'85 AD.
� t
41e artitic' .tlear mada
thereunder' (ftatheinAiax v Town f toil: ................ ......... ...... ..... . . . . .
_ter of oraggo CourlU261. Div- gOttagV NeWpLge_rs v
ed-;58 NY 26:
i�O. AMd 55%, '1v lornl&q :,
We. stros-sthat a p,ublic -body may validly condct. an exzqutive� �e.,%s.iqn Oly to discuss ofte .or more of the subJe;"ts
1:1.qod in �� OCt) an.0 that. a motion to -conduct an isxecutiyi� 5ession most M sufAciently O�etal% to enaUIQ thPuDlIC tO
ascertain WhAft& there is a p.Voper basis for entry into the closed session.
It Would. appear iha.t. the one ofthe pert hent Iro.Unds for entry 41 oxerjltjv_e session would -h.�p6 been
Which hich permlis a public body to enter into i� exetutive session to dis'euss `propbs8d, pe.ndfng or
OPM kt-f Packet Pg. 116
The Committoo on Open. Goverment
Based on judicial dklslons, the scope of the $0-calletl litigatloo exception Is narrow. While the courts have not Sought
to define the distinction between "proposed` and "panding" or "pending" and 11curmnt" litigation., they have providod
direction concerning the scope of the exception. !(I a rnan.ner consistent with true general intent of the.grouM1for entry
into executive s%slorii $pedfically, it has been held that,
"The Purpose -of Paragraph d is 'to enable a public body to discuss per1ding 1104ation privately, without
barillgits stratcry to its adversary. tIwough mandatory public meetings' (Ma_ttciLa..g_q
n�%r_n "difizaMLo
&e yjpV 2a V . Mail vDW_%d_DjjgvLn ALwn, 83 AD 2d 612, 6:13, 441 NYS 2d 292). The
Y_qr_kto
belief. of the towh's attorney that docision advorr-e to petitloner'would almost certainly lead to litigotion,
does not justifythe conducti.ng of this poblic business in an exeditivo sogslon. Tb accept thls argLM.Int
would be to accept the View that any public. body could bar thepublic from its m.eefings. simply be.
expressNq. the, fear that litigation rnay resujt fromi actions taken therein. Stich.a view would be contrary, to
both the lotter and the spirit of the oXceptjon" [fig L C 2d 8 0, a4l
T Mq of,Pont, 7 A 4
uased: on the foreqo.09, the exception'15 iritended to permit a public bodyto discuss its litigation strategy
behind closed doors.,. so as not to divulge its strategy to its odversary, who may bepresent with other, mernberrs of the
public at the meetln.q. We note too, that the Qn�,qrn Ad-gillgr-M decision cited in �Wjhgr_vQLr involved a situation in
which a town board lnvolvi�d in litigation niet With. itsadversaty in an execotive setsl dn to dlscusrra settlement. The
Court determined that. there was no basis for entry into exerutive s.esslon; the ability of the board to conduct a.closed
session ended when. the adversary was pernifted to attend, In the context of the, matter at issue, if � representative of
Oak Mt. was invited to attend the ex8c;utive.session, the Board, in our view, would have. lost :its authority to coRduct a
With regard to the. sufficiency of a modern to discU51 litigation, It has been held that:
"it is insufflciaat to:rrierely re9tirgitate. the stattitory 1, - ang4age. to wit, ldisctzsfons regarding troposed,
pending or cuftent fitffgzbon'� This bollerplate recitation does not iromply with the hit lit of the statute. To
valid . ly convene an executive Session for discuss;on of proposed, pending or airrent litigation, the public
body must identify with Particularity the pending, propo.,Wd of, Current lidgatiqn to be discussed during the
executive session" CIZA!bL�cfi —C.L.Inc. v. T owp BcaCd _A.§_ob1es W<1 44 4 IM2�1 44, 46 (1981), S
emphossis adcled by courtj
The emphasis in the passage quoted pbove on the, vvord "the" - Indicates that
hat when the discu"lon relates to litigation
that has been initiated, the m6tjotj must name the litigation. For example, 6 proper moddiii-Aight a I
. b8: �'l move to nter
Into executive session to disiCU5.9 6& litigatign strateqy in thecase of tile XYZ Company v. the Hamilton Col�ntv IDA," If
the IDA Board seeks to discuss i - Lq KJOWton strategy in WaVion. to a, person or entity that it Wtends to 0-1je, and if
premature'1dentificaflon of ghat person or entity could adversejy.afroct thefnulllrp.as.rYf the IDA'and its con8tituents, it
has been suggested th.at the rnotion nped not identify that per: on.. or entity, but that It. should. clearly inditate that Ole
discussion will involve the litigption �trateqyn only by rnearis o.f that k';Yjd of, description can the Public knOw that the
subj,o�t aiatter may JuStiflably be coosidere.d during an executive sesslon.
Acrbrdingly,:it is stir' opiniun that the IDA. shour o have bean more %rti(r.05te hi Cleardihing the litigation" which.
was the subject of tts. discussion. If the discussion pertained to forecjasjng against the owners of Oak Mt., the, motion
should have W jndlcated, and the discassign .should have been finilted to the IDWS litigation strategy� Additionally, in
crLw opinion, an u . pdate on the status: of legal proceedings would not neressarl - ly rise to the level of discusslon
concerning stratcgy, orl.d, therefore,miryppro - U 5 0
not been art a . priate topic W exec tive essi n.
To the extent that it was necessary to discuss the finaiicial history of '� partlCular pOrson or corporation,
pursuant to. the Open Meetings Law any suds discussion shoult.1 have. been sirnil,3rly limited tofiMarrcial
information, Iri: star opinion, after which the Board st-muld have. ref Canoed to public session
On behaJf of the (,omrnittea. on. odarn Government, we hope that this Is helpful to You.
M jm
1nfJusVrI.W Developi-hent Agency.
Sin,Orely,
Assistant Director
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101712017
6 -OP , TbPQPrn'tvne� n xar.'Qovar�imenl
n
E-Im 1011
FRb'M-, Freeman,
is
Dear,:
- d"'t, r4vievv of mpetl no!; of the Marnaroneck 10wrl
-d y6ur fetter hl whIch YOU asW- hat
-ofWfering:. adv WeCor i40! adequa�y of its motion .for
in this regay-di h6viho. revii2wip-d th-e �Tlfnvtlos, of p Mqeethvs�.Lvv a
reqplro;� t . hat m jr) Ues con5l#.of 4 "rerpird or sumvnare bf.mb.tjorloItllbes not re ulro that rnihutes colitctio a Verbeft'im
Vrt 4.4tive .;Is theV�qopeorin the, OnAltes
VheUe a
6f.jhdiw6rds.u,�e,&f0the mjotibn!�, car -4. Ion nkt7ow
reflect -th& odfl 60ty . ot :Is h1,a,fft,
Ndvelihele�15., fol 0A. effqrt to,017pv
MG6t,1r1g�-L,3iA( ;,eq L�Vrqs that a. p ced Coonpil shed, duflag are ro ur.eba: 0- i.open
By wo��- of bAckgrC(Uhdj.Jbe'OP6 , . n tpattthat:
meeting, a.-PUO, �06Y MBY eR!tO 14.tb, an 'exewt
Pah'. 6. ql.ajor ty v "ofy
'is -roayt�Pndk4tan -
the genera! area or i�r Ob I
91on fear purpose.
As suth, a Mot 10.11 tO Cone-UCtAn eXeCLgjve cession qiustlnrdude referencQ iw the$Ubj�,. tO'Subjects.tea tie dj-scu$s-O,
ion 0 �iW by ;fy: �Ote Of a p." it bodyls (p��m.b such: a se8s!dn tray V410Y he
:and the Mot must Oe c. rr. map��- . N emhlp 6&ore
it tho subjects that.: may ao iderod dodhL9 �'an
Ons
hold. Tfi-e ensOiriq proVlslor�s of §105(1) sOeC
The proVilsibn that 0*9 With:41tigMiall K §105(1)(d); which perrinit-,z a. public body to. �nbzr into bri -Pwxccutivia
oi�g,qjoji. to discuss "proposecl, Pending car cur . r ht.Rigatian.". In ConstNitiq tNIanq.uaq� quoted above, It has beiM'held
that:
"The putpOse Of paragraph d is "to, enable is to enaipic a publlc body to discuss pendifig Htiqatibn privately,
pg!led'
:WfthoLtt haring Its StMtegy W its Odvemlary through MaadatorVpUblli� meetings' (Matter.of�--d
t.fiizens.to N�wfe
�ValMail --wnBdL,..Of.TbWnALY—OH(t9, 83AD Zd �14 44.1 NYS 2d.
a d delon adversity to pdtition& mould almost �-eff �tThly Wod
2-9�), The j).f�lh�f of the Wwri s attorney tflat
to not justify the qOnd'UCUng of this public business 1ri c n. executi'40 8eftn- To accept t1l's
argumeitvvqul� be to accept thoa view kh5ta.rty P.�Llbj'JCLbody could b,6r ihl� public from its Me01119S.
b,,,, -)< *�Sftjg the fear that litig-abon may.result from actio.h9 taken therein. Su& a view w991d,be
P1
,101 201.7
*rho Commlttap on Oparr. Government
contrary to both the letter and the spirit of the exxeption:11 Vjat f' ry x v+ gWrt catn —, 97 ADS 2d
Based upon the foregoing, I believe that the,exceptio.n #s Intended to perm.1t.a public b adyto. discuss irs litigation
strategy behind closed doors, rather than issues that might eventually result. in litigation,
With.. regard to the sufficiency of a inotion .to. discuss litigation, it has :been held that:
"it Is insui`ficieiit to memly regurgitate the statutory language.; to :wit, 'disc,ussions regarding proposed,
pending or current litigation'. `This Wllerialatelucitat;ion does nrai comply With the intent of the:Aatute. 1b
Validly convene an executive ."sr,ion for discussion of proposecd, :pendincg or current lii igation, thy; public
body must idetitif'y with particularity the pending, proposed or current litigation to be discussed during
the :executive session" � ai:1� t �c Tnc� �Ip�'i? oar;d>. ti�wri of C�rbleskill,. 44 NYS 2d 44, 46
(1981), emphasis added by court].
As such, a proper motion might bem "I move to enter into executive session to discuse our litigiAlon strategy in the
case of, the XYZ Company v, the Town of Mamaroneck."
neck."
One of the phrases that appears. repoatedly in t p i7}lriutff s is ",G..i ll7lOyTi ent history." The provision iMd7i"It`aeC4" ing
the pra it ility of discussing that scrl lect.irg + acecut va session is { }{ ), which permits ra pub is body tea enter.irrto
execrative session to discuss.
'1_the medical, financial, credit,, or er%` ployi-nent history of ;apei;sop or corporation, or matters.
feacling to the appointment, emploWnent, promotion, demotion, discipline, suspension, dlsmiss i or
n,rrnoval of a .:>i_cia.r person or corporat:lon..,.," (emphasis added):.
Due to the. Presence of the. term "-particular" in I believe thpt;a dJscussioh of "employment history" may be
c onsid r d In an eXe.cti.tive session only when the subjoet. Involve,-, a particular person or persons .
R has been advised that a'rnotlon.involy ng 10 (1)(f) shuuld be based :on its specific language, For instance,
a viper 1100tion rr ight.be, 11 Hoge to eater into an executive sOsslOn to cl scwrss the omploysrmrrt history of a.
particular person (or persons)" Bach a motion would not in ray opinion have to idOntifv the : em an or persons who
may bo the sulojer t.of a discussion, y means of the kind of motion suggested above, members of a .public body and.
others in attendanocaw would have the ability to know that there is aproper Oaois for entry in -to an execrative session,
Simii zrly, voith respect to "coil Live bargaining"., the: easily gro.und for entry into executive sesslorl that r&ers to
that tropic is � t7 (� j(�), vvhich permits a public hody: to conduct an exec tive sea.ssloi% to dIscP s "collective negotiations
pursuant to article fourteen of the civil service lave."` Article 14 of the Civil. ervice I aw: is cornmenly known as the
" 'aylor Law", which pertains to the r�elentii nsh. p between public employers, and public. erniploys trnians. As scAch,
permits public body to hold executhfg:sessfotis to discuss ci(l Div bargaining nopotiations with a public
ernplo eo union,
in terms of a motiora.to enter into arr ekeCUtIve: session held: pursuant to f. ,5(1)(e), it: has been Meld that;
"Concerning 'negotiations', Public Offi.Cers Low section 00f l](el permits a public body to enter Into
executive session to discuss Collective negotiations under Article 14 of the ivil sService Law. As the lento
'negoVatigns' can cover a mu.ltittAde of areas, we belikive that the public body{ should make it clear than the
negotiahicans two. be discussed in ex cutive esSich 'Involve Article 14 of the C;ivli; Service Law" [ —'fil2r
A. proper motion might be,, '`I move to enter into executive session to discuss the collective bargaIning negoatlati[rins
involving the police: union."
Lastly, rei r-enooz were made to matter's relating to the leasing of read property. The. provisicirr of potential.
xo: vance, a(f.}i.h)r perwilts a public heady to ccariduct an executhre session to discuss 11flieproposecl .acquisiti.an, sale
or loase of real property.-butonlywhen pubticity would sub9tan idlly affect the v 4tai thereof! In sortie dmumgtAnbes,
disclosure of the location of :n parcel touid s0stantla11y W6ct the, value of the parcel„ :For iostance, ..f a rr'run ipMity.
wants to purchase a parcel for a newfac:ility and is Considering severed lacations, none Of which are known to the
public, disclosure of the sites could 'result to speculation or current owilers raising prices, to the detrirnertt of
tw3cp4 rs: That being sty, It has loran:n advised that a motion under 10 (1)(h) should Indicate thatthe public
discussion of'the proposed aeti;op woulO ,;sub! tantially afrect the valo e." of the prcaperM y..
I hope that I have been of assistance,
RJF; ji,n
cc.;. Town Board
Christina Battalia.
QN.�wAO Q481
4:t3
hiiia�:llsl�c�.p�.ny, tyovt�rav0lta#�aitll}4��i�t�irnl
a/001W4003
Receivel
Frorn> "elbyZ7@ I, nor .raet" <al.!el APR 0 1 ZOZ2
_y �7@glhyjlomexi - >
Subject- Fwd: Unreported Gasoline Spill
Date: February 11, 2022 at 2:01:38 PM EST Town of Wappinger
To. Richard Thurston <8hurstor&m A n fw mgmy-g > L_Q_Apa� Town Clerk
Cc: Wbeal e(tgyv tiL enrL _ngk) c&
4.a, a qLt I ftP--.gQ—
. a Lh o. m,
gphill�i to%knotwap erUgov, aca_ellaOtQWnofwappjftge goy,
__ pa�L_ _ _ -plag— - _ M —
10. ola N @town ofwa-p npLgg:!)y.goy
Mr. Thurston,
I am sure that YOU are a busy man, which very well may be the reason that I have not
yet had a response to any second email of February 10. 1 am for -warding it to you just in
Case YOU did not receive it.
Actually, your lack of a response gives me the opportunity to bring up a couple of other
concerns relating to this matter'.
1. 1 have, learne d that this week's spill is not an isolated incident, Please see the
documentation below regarding a spill this past September and yet another spill this
past Oecember. That makes three spills in five months —not a record that boosts
confidence in the possibility of new gas station located in a residential area.
2. 1 know that you spoke to the "Southern Dutchess News," a paper that reaches a
limited number of residents. I am stare you are aware that many years have passed
since that paper was delivered to most Town residents. And let's be totally upfront here
you did not contact them; they contacted you. Surely you did not intend to imply that
you were taking credit for disseminating important information when you did not initiate
the newspaper contact.
3. Please help me understand why there has been no notice of this latest spill on the
Town website.
I look forward to hearing from YOU.
Laurel Becker
P.S. Covid restrictions prevent me from meeting with you, so I appreciate your email
response to my inquiries,
DAkSpill 10, U. "�,l .12
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MIS U. Is, IV
wiltr lllejtj�w� -Qx�,tt di.j.
fre
Frorn. `efby77@e1byhome. net" <e1bv77@elbyhoLne. net>
Subject: Re: Unreported Gasoline Spill
Dote- February 10, 2022 at 5:17M PM ES"I"
Tn-
cr)hil1Ios@townofLALa" acaseifa@t�yy Lt i
jp,:,3Qjgni@townofwa '
"Thank vou, Mr. ThUrston, for your very rxomr)t rer)IV. I do have sorne au scions,
1, According to the DEC database, their involvernent has no�t y(.,:t n(Jed. That indicates
0
treat to re stjO IS, OUtstariding information and/or an open Investigation,
2, Also on the DEC database site is a statement that equiprnent faflure is responsible
�,'Z4 �', I 1,1;sI"', CY
OJ� "j,
04
the rubl I here are so many factor's that are not easily controlled in potentially C4
dangerOLIS, SltUations, tl,')at we must do all we can to mirilmize exposure. Pacing a cn
r , LU
gasoiine sidjurl in the ink"ist ol, a tesideritihi area is c111S'KIHY fcx uuuu. W
3, As for public notification, please tell rne with whom you dIs,cussed this.
was this discussed PLiblicly? 9 04
C4
--Why was there no anriot.iticerrientfinfor,r-natiori on the Town's website? Q
C4
Thank you for continuing to respondto my inquiry.
E
Sent frorn niv Pad
i rianK, you for yor.,ir emw. YoIx, rnlorrnatIon is wrong, a ne srnaIi srwi tnat tOOK pace vr,fas
Droneft reDorted, contained on sute, and cleaned w, And, I discussed this oubliclv
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Special Districts
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-93
DOC ID: 5804
Resolution Authorizing Refund Of Benefit Assessment
Assessed And Collected In Error
WHEREAS, pursuant to Real Property Tax Law §556, a taxing entity may refund or
provide a credit to any person the amount of any tax or benefit assessment for up to three years
where such tax or benefit assessment was attributable to an error; and
WHEREAS, a benefit assessment for the United Wappinger Water District was charged
to tax parcel 6259-04-875025 in error as the parcel is not supplied with water and was not
previously included in the Central Wappinger Water Improvement Area; and
WHEREAS, the owner of tax parcel 6259-04-875025 has made application on form RP-
556 for a refund of the benefit assessment charges that were erroneously charged and filed the
same with Dutchess County Real Property Tax Service as required by law; and
WHEREAS, the assessor and the water system operator have reviewed the application
and determined that the property was erroneously included on the United Wappinger Water
District benefit assessment roll, so a tax credit and refund are appropriate;
NOW THEREFORE BE IT RESOLVED, that
1. The Town Board, agrees that the UWWD benefit assessment was made in error
and directs that tax parcel 6259-04-875025 is due a credit of $260.40 for the
United Wappinger Water District benefit assessment on the 2022 Tax Roll.
2. Refunds are due to the owner of tax parcel 6259-04-875025 for benefit
assessments paid in 2021 and 2020 in the amounts of $202.69 and $203.01
respectively payable from the United Wappinger Water District.
3. Such refund is contingent upon approval by the Dutchess County Office of Real
Property Tax Services and the presentment of a fully completed Form RP-556
which shall be retained by the Town Comptroller for Audit purposes.
4. The Town Clerk shall provide a certified copy of this resolution to the Dutchess
County Office of Real Property Tax Services.
5. The Town Comptroller is directed to make a payment to the property owner upon
presentation of the properly approved form.
6. The Engineers to the Town are directed to remove tax parcel 6259-04-875025
from the maps showing that it is included in the UWWD, and the Assessor is
directed to remove the parcel from the benefit assessment roll for the UWWD.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/11/2022 5:52 PM by Joseph P. Paoloni Page 1
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Appointments / Terminations
Prepared By: Joseph P. Paoloni
ADOPTED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-91
DOC ID: 5803
Resolution Appointing Board Of Assessment Review Member
WHEREAS, there as a vacancy upon the Town of Wappinger Board of Assessment Review that
has not been filled; and
WHEREAS, John Anderson has expressed an interest in being appointed to the Town of
Wappinger Board of Assessment Review;
WHEREAS, John Anderson has a knowledge of property values in the Town of Wappinger and
meets the other statutory qualifications of a member of the BAR;
NOW, THEREFORE, BE IT RESOLVED:
The Town Board hereby appoints John Anderson as a Board of Assessment Review Member to a
five-year term, which term is retroactive to October 1, 2021 and will expire on September 30,
2026.
John Anderson is directed to undergo the necessary training pursuant to Real Property Tax Law
§ 523 and to file all necessary disclosure forms in accordance with Real Property Tax Law § 523.
The Town Clerk is directed to notify the Commissioner of the NYS Department of Taxation and
Finance and the Dutchess County Director of Real Property Tax Services of the appointment as
required by Real Property Tax Law § 523.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/12/2022 2:34 PM by Joseph P. Paoloni Page 1
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
TABLED
RESOLUTION 2022-29
Meeting: 04/11/22 07:00 PM
Department: Town Clerk
Category: Appointments / Terminations
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors: Supervisor Richard Thurston
DOC ID: 5729
Resolution Employing Legal Services To The Town Of
Wappinger Town Board, and Courts on Certain Matters For
Calendar Year 2022
BE IT RESOLVED, that
of
with offices at be, and hereby is employed
and retained for the purposes of furnishing to the Town Board, Courts on certain matters and the
Town's officers, departments and agencies, such legal advice and services as may be required by
the Town Board, and the Town's various departments and agencies during calendar year 2022;
and
BE IT FURTHER RESOLVED, that said
submitted to the Town Board dated
HISTORY:
01/10/22 Town Board
of
shall be paid in accordance with the engagement letter
TABLED
Next: 04/11/22
RESULT:
TABLED [UNANIMOUS] Next: 9/15/2045 12:00 AM
MOVER:
Richard Thurston, Christopher Phillips
SECONDER:
William H. Beale, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
Updated: 4/6/2022 5:34 PM by Joseph P. Paoloni Page 1
Town of Wappinger
Meeting: 04/11/22 07:00 PM
20 Middlebush Road
Department: Town Clerk
Wappingers Falls, NY 12590
Category: Appointments / Terminations
Prepared By: Joseph P. Paoloni
TABLED
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2022-70
DOC ID: 5780
Resolution Appointing Member To Town Of Wappinger
Planning Board
WHEREAS, by Resolution No. 2016-46, adopted by the Town Board on March 28,
2016, Ralph Marinaccio was appointed as a Member to the Planning Board to fill the unexpired
term of John Fenton, which term expired on December 31, 2021; and
WHEREAS, the Town Board is desirous of appointing as a Member to the
Planning Board for a seven (7) year term with the term expiring on December 31, 2028; now,
therefore
BE IT RESOLVED, that the Town Board hereby appoints as a Member to
the Planning Board for a seven (7) year term expiring on December 31, 2028.
HISTORY:
03/28/22 Town Board
TABLED
RESULT: TABLED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Next: 09/15/45
Next: 9/15/2045 12:00 AM
Updated: 4/7/2022 10:09 AM by Joseph P. Paoloni Page 1