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2023-06-26Town of Wappinger
Regular Meeting
- Minutes -
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Joseph Paoloni
(845)297-5772
Monday, June 26, 2023 7:00 PM Town Hall
Call to Order
Attendee Name
Organization
Title
Status
Arrived
Richard Thurston
Town of Wappinger
Supervisor
Present
7:00 PM
William H. Beale
Town of Wappinger
Councilman
Present
7:00 PM
Angela Bettina
Town of Wappinger
Councilwoman
Present
7:00 PM
Christopher Phillips
Town of Wappinger
Councilman
Present
7:00 PM
Al Casella
Town of Wappinger
Councilman
Present
7:00 PM
Joseph P. Paoloni
Town of Wappinger
Town Clerk
Present
5:45 PM
Salute to the Flag
Agenda and Minutes
1. Motion To: Adopt Agenda
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Acknowledge Minutes of June 10 and June 12, 2023
COMMENTS - Current Meeting:
Spook Hill and Senior Center were deleted from the June 10th, 2023 minutes because they were
not discussed.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Al Casella, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
IV. Public Portion
1. Motion To: Open Public Portion
COMMENTS - Current Meeting:
Grace Martin addressed the board about the Pest Control. She spoke also on the vandalism at
several parks. She felt that full retribution for the accused. She recommended the accused do
Town of Wappinger Page I Printed 6/29/2023
Regular Meeting Minutes June 26, 2023
service in the community and full retribution. She said, that in the absence of full retribution,
why would anyone volunteer if the work was destroyed.
Tom Sardo representing the nature preserve thanked the board for proving water.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Close Public Portion
COMMENTS - Current Meeting:
Grace
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Angela Bettina, Councilwoman
SECONDER:
Christopher Phillips, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
V. Discussions
1. Motion To: Authorize up to $1,000 to investigate Waverly Pest Control Services -
Carnwath/Sports Museum
COMMENTS - Current Meeting:
Steve Frazier spoke to the board on the pest control. He estimated a cost of $5,000. The board
authorize a first month analysis up to $1,000.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Final Approval of Fees and Fines
Barbara Roberti explained the latest update on the Local Law to update the fees and fines. The
changes are in section 3 with respect to fines.
RESOLUTION: 2023-87
Resolution Introducing Local Law No. 3 Of The Year 2023, "Amending Chapter 122 Of
The Code Of The Town Of Wappinger To Update Fees And Fines"
WHEREAS, the Town Board is obligated to review the Fees and Fines of the Town of
Wappinger from time and update them as required to reflect the Town's cost to process the
permits and licenses; and
WHEREAS, the Town Board has determined that this action does not affect the environment and
is not subject to SEQRA;
Town of Wappinger Page 2 Printed 6/29/2023
Regular Meeting Minutes June 26, 2023
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby introduces for
consideration of its adoption a proposed Local Law entitled "AMENDING CHAPTER 122 OF
THE CODE OF THE TOWN OF WAPPINGER TO UPDATE FEES AND FINES", in the form
annexed hereto; and
BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the
adoption of the proposed Local Law to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 24th day of July, 2023, at 7:00 p.m., and the Town Clerk is directed to
post the Notice of the Public Hearing in the form annexed hereto and to publish same in the
Southern Dutchess News and Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2023-87
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
,,,
❑ Adopted as Amended
Richard Thurston
Mover
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
........ ... .....
❑
.......................
❑ ..
❑ Tabled
Angela Bettina
... ......
Voter...
... ......
El ....
❑ .....,......
❑ .....
,..... ❑ ...
❑ Withdrawn
Christopher Phillips
.................................
Voter
Q ..................❑
❑
...................
❑
...................
❑
AlCasella
Voter.............
Q
❑
❑.........
Dated: Wappingers Falls, New York
June 26, 2023
The Resolution is hereby duly declared Adopted.
4. Nature Preserve Tenancy Agreement
Councilman Casella asked about easement rights from the nature preserve. Attorney Horan said
their is no easement. The escrows need to be paid.
To the extent that in the future, the town should require an easement through the nature preserve
property, the nature preserve agrees to grant the town an easement on terms and conditions that
be approved by the parties and that cooperation shall in good faith cooperate with to that.
RESOLUTION: 2023-85
Resolution Authorizing Water Tenancy Agreement For Nature Preserve Homeowners'
Association, Inc.
WHEREAS, the Nature Preserve Homeowners Association, Inc. (the HOA) provides
potable water to 53 residential units at the Nature Preserve on Berry Lane and Doe Trail; and
WHEREAS, the wells of the HOA have failed and can no longer provide potable water to
the residents of the Nature Preserve and they need to connect to the main of the United Wappinger
Water District ("UWWD") to serve their properties; and
WHEREAS, the HOA has requested to enter into a tenancy agreement for the supply of
water from the UWWD to serve their properties on Berry Lane and Doe Trail until such time as the
United Wappinger Water District is extended to include their properties; and
WHEREAS, the connection of the Property to the UWWD water main located in a Town
Easement a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant
to 6 NYCRR 617.5(c)(11); and
Town of Wappinger Page 3 Printed 6/29/2023
Regular Meeting Minutes June 26, 2023
WHEREAS, the Attorney to the Town drafted a Water Tenancy Agreement to supply
water to the properties.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and
determines that:
1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA)
pursuant to 6 NYCRR 617.5 (c) (11).
2) The Town Board hereby approves the Water Tenancy Agreement with the HOA in the form
attached hereto.
3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the
Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11).
4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be
provided to the Water & Sewer Department and Building Department to establish the
necessary water account.
5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be
provided to the Dutchess County Department of Behavioral and Community Health.
The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in
the records of the Town Clerk.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2023-85
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
,,,
Q Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Angela Bettina
... ......
Seconder
... .............
El
❑
❑
❑
❑ Withdrawn
Christopher Phillips
.................................
Voter ....
Q❑
.......
.......,................,............
❑
❑
Al Casella
,........
Voter
Q
,........
❑
❑
❑
Dated: Wappingers Falls, New York
June 26, 2023
The Resolution is hereby duly declared Adopted as
Amended.
6. Assistant Recreation Director
The assistant Recreation director will be the number 2 person to Director Fulton. The discussion
was to be continued in executive session.
7. Motion To: Authorize the Professionals to investigate the Chelsea Boat Ramp
COMMENTS - Current Meeting:
Attorney Horan explained the historical nature of this issue. Tim Moot suggested going after the
LWRP grant. A discussion ensued as details are available on the Town's website minutes video.
The board authorized the Engineer and Attorney to work on this issue including costs which was
moved by Councilman Beale and Seconded by Councilman Phillips.
Town of Wappinger Page 4 Printed 6/29/2023
Regular Meeting Minutes June 26, 2023
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
William H. Beale, Councilman
SECONDER:
Christopher Phillips, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
8. Vandalism at Spook Hill and Rockingham Park
Councilman Beale said we need to increase police surveillance of our parks. He added the
increase in video surveillance. Councilman Casella said that it's taxpayer's money that is being
used to fix and repair the damage.
VI. Resolutions
RESOLUTION: 2023-86
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the
attached Correspondence Log are hereby accepted and placed on file in the Office of the Town
Clerk.
The foregoing was put to a vote which resulted as follows:
.a Vote Record - Resolution RES -2023-86
Corresponde ce Log
- 2023-06-26
Number
To
From
Date Date Rec` Re:
Agenda Date
99-26--991
Torn Board
Barbara Roherki
61512923
61912923 Inter retation of Torn Zoiiirig Code
X12612923
99-26--992
Torn Board
Heather Kitchen
61512923
61912.923 May 2023.Monthly Re ort
912612023
99-26--993
Town Board
235 Myers Corner Road LLC
6/1212923
6/1212923 Li Dior License Appkkori
X12612923
99-26--994
Torn Board
PetsVsof Wappiiiqers Falls LLC
1 6711212923
6/12/20231 Li Dior License Appkafiorl
912612023
99-26--995
ITowii Board
IKHP Wappingers Falls LLC
1 61912923
6/13120231 Li Dior License Appkafiori
612612'023
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the
attached Correspondence Log are hereby accepted and placed on file in the Office of the Town
Clerk.
The foregoing was put to a vote which resulted as follows:
.a Vote Record - Resolution RES -2023-86
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
,,,
❑ Adopted as Amended
Richard Thurston
Voter
Q❑
❑
❑
......
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Seconder
..... El ....
❑ .............
❑ ......,.....
❑ ...
❑ Withdrawn
Christopher Phillips
Voter
Q,,,,
❑
❑
❑
Al Casella
Voter
Q
❑
❑
❑
Dated: Wappingers Falls, New York
June 26, 2023
The Resolution is hereby duly declared Adopted.
Town of Wappinger Page 5 Printed 6/29/2023
Regular Meeting Minutes June 26, 2023
VII. Items for Special Consideration/New Business
1. Wi-Fi at Robinson Lane Park
Counciman Casella who championed the Wi-Fi at Robinson Lane Park said that Altice donated
$17,000 to the Wi-Fi installation at Robinson Lane Park.
2. Motion To: Spend up to $4,500 for Second Cleaning at Three Parks
COMMENTS - Current Meeting:
Spend up to $4,500 for a second cleaning per week at the Three Sports fields and an additional
Porta Potty at Martz field.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VIII. Executive Session - Legal Matter
1. Motion To: Enter Executive Session
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Angela Bettina, Councilwoman
SECONDER:
Christopher Phillips, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Return From Executive Session
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Al Casella, Councilman
SECONDER:
Christopher Phillips, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
IX. Adjournment
Motion To: Wappinger Adjournment & Signature
COMMENTS - Current Meeting:
The meeting adjourned at 9:12 PM.
Joseph P. Paoloni
Town Clerk
Town of Wappinger Page 6 Printed 6/29/2023
Regular Meeting Minutes June 26, 2023
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
William H. Beale, Councilman
SECONDER:
Angela Bettina, Councilwoman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
Town of Wappinger Page 7 Printed 6/29/2023
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
RESOLUTION 2023-87
Meeting: 06/26/23 07:00 PM
Department: Town Clerk
Category: Local Law Intro
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors: Supervisor Richard Thurston
DOC ID: 5976
Resolution Introducing Local Law No. 3 Of The Year 2023,
"Amending Chapter 122 Of The Code Of The Town Of
Wappinger To Update Fees And Fines"
WHEREAS, the Town Board is obligated to review the Fees and Fines of the Town of
Wappinger from time and update them as required to reflect the Town's cost to process the
permits and licenses; and
WHEREAS, the Town Board has determined that this action does not affect the environment and
is not subject to SEQRA;
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby introduces for
consideration of its adoption a proposed Local Law entitled "AMENDING CHAPTER 122 OF
THE CODE OF THE TOWN OF WAPPINGER TO UPDATE FEES AND FINES", in the form
annexed hereto; and
BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the
adoption of the proposed Local Law to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 24th day of July, 2023, at 7:00 p.m., and the Town Clerk is directed to
post the Notice of the Public Hearing in the form annexed hereto and to publish same in the
Southern Dutchess News and Poughkeepsie Journal as required by law.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Richard Thurston, Supervisor
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 6/26/2023 6:30 PM by Joseph P. Paoloni Page 1
LOCAL LAW NO. 3 OF THE YEAR 2021
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section L• Title.
This Local Law shall be known and cited as Town of Wappinger Local Law No. 3 of the
Year 2023 entitled "Amending Chapter 122 of the Code of the Town of Wappinger to Update
Fees and Fines." This Local Law hereby revises the Schedule of Fees found at Articles IV of
Chapter 122 of the Code of the Town of Wappinger and the Schedule of Fines found at Article V
of Chapter 122 of the Code of the Town of Wappinger.
Section IL• Amendments to Schedule of Fees found in Article IV of Chapter 122
The provisions of Article IV of Chapter 122 of the Town Code of the Town of
Wappinger are hereby amended to read as follows:
Article IV
Schedule of Fees
§ 122-16 Fee Schedule.
The fee schedule shall be as follows:
A. Chapter 1, General Provisions.
(1) § 1-9, sale of the Code Book: $125.
B. Chapter 50, Records.
(1) § 50-7A, Copies:
(a) For paper records up to nine inches by 14 inches:
[ 1 ] Twenty-five cents; or
[2] The amount authorized by Public Officers Law § 87(1)(b)(iii), whichever is greater.
(b) For paper records in excess of nine inches by 14 inches and records not in a paper medium:
[ 1 ] Twenty-five cents; or
[2] The actual cost of reproducing the record, in accordance with Public Officers Law
§ 87(1)(c), whichever is greater.
(2) § 50-7 B, Certification of Records:
(a) To prepare and certify a copy of any record or paper on file: $1.25 per page, with a
minimum fee of $10.
(b) To certify a prepared copy of any record or paper on file: $1 per page, with a minimum fee
of $10.
C, Cha][,)ter 68, F)og Control 1,aw
(n § 68A, Licema Iles Rw E)ogs�
(a.) lOwn We for a license for a spayed or neutered dog: $5.00 per license year;
(b) Town 1'�ce for a licerse Rw an unqp-ayed or unneuto-ed dog: $1310 per
license year;
(c) In The event flie'Town Board trandates a dog cersus, an Ulitiorml Re of
$510 WH be assessed U) Al dog owners, whose dogs, are foi.ind to be
t.vdicensed at flie We Me dog enutywration is conducted; this We is 41
addition u) Me licerse RTs set 1`541 above,
(2) § 68 12(13) Mxienq,)-cion Iles�
(.u) For first occasionu $60,00;
(b) For second occasion within nve yearsA 100,00;
(c) For third and si..ubseqi..uent occasion(s) within five years$'200,00;
(d) In addition to the above redomption Wes, The redeetring party shaH also pay
aH costs Nurred MY kervwling, inipoundment and veterinary care inch.xiing
such itenis as required shots,
(3) § 68 14(A) Adoption: $50 00"
D. Chapter 71, Assemblies, Mass Public.
(1) §§ 714B and 71-9, permit application fee: $35 per day.
E. Chapter 80, Blasting.
(1) § 80-8J, blasting permit application fee: $500.
(2) § 80-11D, inspection fee for blasting: $50 per blast.
E.1. Chapter 85, Building Code Administration.
(1) § 85-12, vacating of stop -work order: $250.
E.2. Chapter 99, Collateral Loan Broker.
(1) § 994B, application fee: $250.
F. Chapter 133, Flood Damage Prevention.
(1) § 133-11B, floodplain development permit fee: $150.
(2) § 133-11B, escrow fund: $250 or a greater amount as determined by the Zoning
Administrator.
F.1. Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection.
(1) § 137-10B(4), escrow fund: $1,000.
(2) § 137-7B(6), freshwater wetland, waterbody and watercourse protection permit fee
$150.
G. Chapter 143, Garage and Yard Sales.
(1) § 1434K, garage/yard sale permit: no fee.
H. Chapter 153, Junkyards.
(1) § 153-5A, license fee: $200 per year.
(2) § 153-5A, subsequent inspections for failure to comply: $50 per inspection.
H.1. Chapter 166, Noise.
(1) § 166-13B(6), special waiver application fee: $500.
L Chapter 175, Peddling and Soliciting.
(1) § 175-7B and 175-9A, application/license fee: $200 per year, plus $50 for each
addition to the original license per year.
(2) § 175-9B, weekend -only permit: $35.
(3) § 175-10B, replacement fee for lost or stolen license: $25.
Ll. Chapter 192, Service Pipes, Sewer and Water.
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(11) § J92 2 , ]r,)enidt for i ristallirig lateral water li ries- $'250,
(2( § J92 2 , ]r,)enidt for i ristallirig lateral sewer li ries- $'250,
J. Chapter 206, Soil Erosion and Sediment Control.
(1) § 206-17, grading permit and inspection fees:
(a) For projects less than one acre: $250.
(b) For projects of one to five acres: $750.
(c) For projects exceeding five acres: $1,000.
(2) § 206-17, inspection fees:
(a) For projects of three acres or less: $100.
(b) For projects exceeding three acres, use the formula: 20 (slope) X 5 (total area in
acres) or 20 M X 5A.
K. Chapter 214, Streets and Sidewalks.
(1) § 214-7, permit fee for excavating in or under highway: $50.
(2) § 214-18, driveway permit fee: $150.
L. Chapter 217, Subdivision of Land.
(1) Subdivision application fee: $1,500, plus $250 per lot.
(2) Lot line realignment application fee: $500.
(3) Lot consolidation application fee: $500.
(4) Recreation fee:
(a) For one to nine lots: $5,000 per lot;
(b) For 10 or more lots, the Planning Board shall determine whether to require the
reservation of land, or payment of $5,000 per lot.
M. Chapter 234, Water.
(11) § 234 44111, ]r,)enidt 1'�e to o]r,)eTI streets, larles, etc'to i rl4mtall ii�ai ris, services, etc,- $'1150
(2) § 234-45, fee for turning water on and/or off at owner's request: $50 per request.
N. Chapter 240, Zoning.
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(]]) § 240 351 (l)(e), a.ra. gni dea. -un— l a]g�)]r.)rova1 d ees —
(a) fee- Mirior $'2` 0, MaJor $'2,000,
(b) 1"Is.row ft,vids- g�4) escrow,
(11,11) § 241:) 48, ori ew sq.)ea i al
(<�.) �� ]I ,(D(D(D ����.� � �;4:mg�g�;�r�a:g<�.➢ ��b]g�]g�gga. <�ba.� �:��r� w�ai�a:��.0 a 4m�a:�; ]g��.<�.�r�;
(b) $11,500 coimi�ercial wifli site
(C) aflf erlded sq')ea ial a�4� e fee- $'` 00 ]r.)er
(1.2) § 240-27.1, permit fee for temporary sales trailer or construction trailer: $250.
(2) § 241:) 59, ]r,)enidt 6'g e for tel1q,)orary ot'o'door t''s ; arld/or sales, (i ria. hxii rig sigri): $'250,
(3) § 240-84, site plan fees:
(a) Site plan application fee: $1,500, plus $250 per 1,000 square feet of gross floor
area of the building, plus $20 per parking space.
(b) Amended site plan application fee: $750, plus $250 per 1,000 square feet of gross
floor area, plus $20 per parking space.
(c) Recreation fee: $5,000 per dwelling unit on the original site plan containing
residential units. (Note: Such fee shall be payable by the applicant only upon the
granting by the Planning Board of site plan approval and a finding by the
Planning Board that the granting of the application will create a need for
additional parkland in the Town and that a suitable park or parks cannot be
located on the site.)
(4) Conceptual review fee (subdivision, site plan, special permit): $250 per application
The conceptual review fee shall be credited toward formal review fees. No escrow
account shall be established, and no review by professional consultants shall be
performed.
(5) § 240-107, fees for applications to Zoning Board of Appeals:
(a) (Resident) Area/use variance fee: $375 per application. (Note: Applicant also is
responsible for payment to third parties of associated fees and costs, including,
e.g., publishing of public notice.)
(b) (�.�`oimi� .era.°ial) Area).�se vary arlce fee- �$' 11,000 ]r.)er
also is resq,)orisible for ][,)ayii�erltto fldrd ]r')a lies, of associated fees' ifia.°hx1irig, e g
]r.)i..Hisidrig of]r.)i.. tic riotia.e,)
(c) Interpretations.
[1] Residential interpretation fee: $150.
1
_2� Coimi�ercial fee- $600,
(6) § 240-108, building permit fees:
(a) Construction:
[1] Residential:
[a] New construction and additions: permit application fee of $150 plus:
[i] One- and two-family homes, and modular dwelling: $0.75 per square foot of
living space.
ji d Mari t'fiicttn-ed hoii�es- $'0,50 ]r,)er sql.�are foot of fivirig sq')ace'
I
jii ("arports/garages, footage of grot'vid floor orily for two-S"LOTY
garages)- $'0,50 ]r,)er sqtare foot,
[iv] Porches/Decks:
_A
1)orches or decks, which are ericlosed wifli heat iiay be corisidered to be
I i v iri g sq.)ace sa.b.j ect to fliei cab] e charge for Ii v iri g sq.)ace,
[B] Open deck: $0.25 per square foot, or the minimum fee of $100, whichever
is greater.
[v] One-story non -habitable accessory building without utilities (except
garages):
[A] Not greater than 72 square feet of floor area: $50.
[B] Greater than 72 square feet and not greater than 200 square feet of floor area:
$100.
[C] Greater than 200 square feet of floor area: $100 plus $0.40 per square foot.
[vi] Other new construction:
[A] Pools.
Abovegrot.vid ][,)ooL $'11'75,
121 In -ground pool: $250.
[B] Hot tub: $100.
[b] Renovations:
[i] One-half of "new construction and additions" costs in Subsection
N(6)(a)[1][a] above.
[2] Commercial, including, among other things, apartment buildings and multifamily
homes, except two-family homes, which are addressed in "residential," above.
(references herein are to use and occupancy classifications as set forth in the New York
State Building Code):
[a] New construction: permit application of $250 plus:
�$'11,`0doOtt,q,) to and iria.hxiirig 5,000 sgta <i -e feet, 11 00lg��;�
[ii] For Use and Occupancy Classifications B and M, the fee is $1.20 per square
foot up to and including 5,000 square feet, plus $0.60 per square foot over
5,000 square feet.
[iii] For Use and Occupancy Classifications S and U, the fee is $1 per square foot
up to and including 5,000 square feet, plus $0.50 per square foot over 5,000
square feet.
[b] Renovations:
[i] One-half of new construction costs in Subsection N(6)(a)[2][a] above.
(b) Demolition: $100 minimum fee up to 2,000 square feet, plus $0.10 per square foot over
2,000 square feet.
(c) Alterations and structural repairs (Building Department has discretion to determine whether
an applicant's project is an alteration, a structural repair or a renovation.): $50 per
inspection/visit; Building Department will estimate number of visits based on the nature of
the permit.
(d) Certificate of occupancy (includes new C/O and a C/O for change in use or for change in
occupant): $250.
(e) Other building permit fees:
[1] Fireplace/stove/chimney: $150.
[2] Replacement of furnace/boiler (includes hot water/heat/plumbing alterations and
central air conditioning systems): $150.
[3] Electrical upgrades (includes change of electrical service, any extensions of electric
facilities, adding new outlets/switches/fixtures): $50.
_4 � Terit (tetiq,)orary ]r')en1dt for ot'o'door sales, ori coimi�ercial site)- $'250,
[5] Compliance fee for structure or use for which no permit or C/O was obtained:
a 1�esideroial - $'250, cost of bt,61dirig ]r,)enidt for
_6 1eirisq.)ectiori fee for ]r.)rior rioricoiiq.fliarice (06rd and sa,ubseqt'�erltVisits)- $' 1100 ]r')er Visit,
[7] C/O and/or municipal violation search.
[a] Residential municipal search: $175.
1
_b� Coimi�ercial im..v66]r.)a1 search-
�I-i Sirigle Occt.q.)aricy t.q.) to 5,000 sqt,�are feet,
jii iore fliarl orle occl..q.)aricy -- base fee $' 1100 ]r')er (:)CCt'q')aT1t'
[8] Outdoor seating fee per year: $150 for the first six seats or portion thereof, plus $25 for
each additional seat.
[9] Portable storage unit: $100.
[10] Standby generator: $150.
[I I] Inspections outside business hours: $250.
[12] Remove stop -work order: $250.
_a1�esideroial- $'250,
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�I-b � Coimi�ercial - $'500 first of'ferlse' $' 11,000 secorld offrlse wifldrl five Years,
[13] Legalization fee: $250.
[ 14] Amend building permit: $50.
��- 115 Tarik reim:)val -
II_a 1�esideroial- $'1150,
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_b� Coimi�ercial- $'250,
_116Tarik iristallatiori above grot.vid-
Resideroial- $'1150,
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��-b� Cloimi�ercial- $'250,
117 Bt,61(firig flertidt Reriewal
Base flertidt I`ee 110% ofestifl�ated firstreflewal,
��-b� Base I)eriidt I`ee 25% ofestiii�ated secorld reflewal,
�l-c� Base I)eriidt 50% ofestiii�ated reflewal,
-1181"Ilectrical Vehicle Chargirig statiorl orl cofmi�ercial $'250 for firstchargirig
stmiori $'50 for each additiorial Chargirig statiorl,
(f) Uniform Solar Permit. Application fee: $150.
Resideroial- $'250,
-b�('Ioimi�ercial- $600,
(7) § 240-110, Escrow funds:
(a) For subdivision application review, the applicant shall deposit and maintain a sum
calculated as follows:
Number of Lots Amount
I'ot firle or corlsofidmiorl $'2,500
0 to 2 $6,000
3 to 110 110,000
11 to 35 $22,500
More than 35 $52,500
(b) For site plan application, special use permit application, and rezoning application review,
the applicant shall deposit and maintain a sum calculated as follows:
Square Footage Amount
0 to 3,000 $6,000
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3 100 11 to 20,000 110,000
20,001 to 50,000 $22,500
Greater than 50,000 $52,500
(C) l'or 11drio (gurua.h'xies, office or studio t''s s gura a ra;sgderua.e; lloflue
oa.a.t'q'�)atiora4:m iuruvolviurugn ori -site a.; iera�a;s" Visitors, a� s � � ]r' s . � g es, arld
°� :°�.�.4;m,��a�ua����:4:m���� �<�:a����ura4:m, ���a.��ura���a.°g�<�uura.,
larld trarlsfars, which resaflt ira a. orudon1drugg gats arld Which iuruvolve less,fliara 110% of -Ole
a ur ug uaua a lot area o each iuruvolved got; arld sa.ubdiviumioris iuru which urio uriew �biufldiurag l�:�as <�.a:(°
4m g 6 $'
Created), �,a�:d';�';d ) 'd, a�'; i�tl7��7��N i�, atlrM'd'; shall � �'"]��Nd�4aa'd'; i�1rMd ai'�.i�.alrM d%�tlalr7 i� �"V.u�?C�. �m atl �, a� i�.d,�,d� <�au':m 1"oflows- 2,500.
(d) For variance application review, the applicant shall deposit and maintain a sum determined
by the Zoning Board of Appeals.
(e) For construction inspection for a subdivision or site development plan involving a
performance bond, the applicant shall deposit and maintain a sum equal to 3% of the
construction costs as estimated by the Town Engineer.
[1] In addition, for postapproval construction review for a subdivision or site development plan
involving a performance bond, the applicant shall deposit and maintain a separate sum
calculated as follows:
For Subdivisions
No of Lots
For Site Plans
Square Footage
Amount
11 to 35
20,001 to 50,000
$16,875
More than 35
Greater than 50,000
$26,250
[2] Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer,
Town Attorney and/or Town Planner, may modify or waive the postapproval review escrow
deposit above, based upon the amount of postapproval review costs, if any, the Town is
expected to incur in connection with a specific project. However, a full or partial escrow
deposit may be required at any time by the Building Inspector depending upon the actual
need for professional postapproval review services.
(f) Postapproval review not involving a performance bond.
[1] For postapproval review and construction inspection for a subdivision or site
development plan not involving a performance bond, the applicant shall deposit and
maintain a sum calculated as follows:
For Subdivisions
No of Lots
For Site Plans
Square Footage
Amount
11 to 35
20,001 to 50,000
$16,875
More than 35
Greater than 50,000
$26,250
[2] Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer,
Town Attorney and/or Town Planner, may modify or waive the postapproval review and
construction inspection escrow deposit above, based upon the amount of postapproval
review and construction inspection costs, if any, the Town is expected to incur in
connection with a specific project. However, a full or partial escrow deposit may be
required at any time by the Building Inspector depending upon the actual need for
professional postapproval review or construction inspection services.
(g) For grading permit inspections, the applicant shall deposit and maintain the following sums
[1] For projects less than one acre: $250.
[2] For projects of one to five acres: $750.
[3] For projects exceeding five acres: $2,500.
(8) § 240-112A(2), application/petition fee for rezoning: $1,000.
(9) § 240-53, accessory apartments:
(a) § 240-53D(5), application review fee: $750 per application.
(b) § 240-53F, nonfamilial renewal inspection fee: $150 per year.
O. Miscellaneous fees.
(1) Sign permit application fee (for the construction of a new sign or the alteration of an
existing sign): $3.50 per square foot. (Note: Construction of a new sign will also require a
building permit and payment of the associated fee.)
(2) Garbage tickets:
(a) For seniors (60 and over): $2 per ticket.
(b) For all others: $4 per ticket.
(3) Returned check fee: $20.
(4) Plans and specs (refers to plans and specs to be obtained from the Town of Wappinger by
bidders for Town projects): $50 to $100.
P. Fire Prevention Bureau Fees:
(1) Agricultural burning permits: $150.
(2) Commercial roof truss assembly inspection pursuant to the Uniform Code, Title 19, Part
1264: $50.
Q. Fire prevention permits pursuant to the Uniform Code, Title 19:
(1) Areas of public assembly: $200 per year;
(2) Nonresidential uses and occupancies, including but not limited to hazardous materials;
combustible liquids and gases, compressed gases and cryogens; junkyards and lumberyards;
commercial/industrial ovens and cooking equipment; service stations and repair garages;
welding and cutting; fire protection equipment: $200 per year.
(3) Multiple dwellings:
(a) Three to 10 units: $200 per year.
(b) Eleven to 50 units: $275 per year.
(c) More than 50 units: $350 per year.
(4) Alarm for nonresidential occupancies: $150 per year.
(`) Ho4�:q,)iaals, ritn- irlg ilofll.es <rld heal -01 -care 1`<i.a flities- $'250 1r,)er year,
(6) Special events (per occurrence), outdoor assemblies, outdoor sales, commercial tents and
membrane structures, carnivals and fairs, concerts, etc.: $250 each.
(6. 1) Firework sales:
(a) Application fee: $250.
(b) Inspection fee: $250.
(7) Fire protection equipment:
(a) Sprinklers and fire suppression systems: $300 for each new installation. (Note: A building
permit also will be required.)
(b) Renovations or modifications to existing systems: $150. (Note: A building permit also will
be required.)
R. Explosives and combustibles:
(1) (Reserved)
(2) (Reserved)
(3) Blasting permits for quarry operations: $1,000 per year.
§ 122-17 Periodic review.
The Town Board may periodically review the fee schedule set forth in this article and may, by
local law, after public hearing for which notice shall be given 10 days prior, amend the fees set
forth herein.
Section III: Amendments to Schedule of Fines found in Article V of Chapter 122
Chapter 122, Article V §122-20(B) of the Town Code of the Town of Wappinger is hereby
amended to read as follows:
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(11( § 85-114A(11(,
fire -
(b) Max:iimii - $11,` 00,
(2( § 85-11'4 (2(, f'4uie-
(3) § 85-114A(3), firie-
(a) Mi rlifml� - $' 11,000,
Chapter 122, Article V §122-20(D) of the Town Code of the Town of Wappinger is hereby
amended to read as follows:
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(11) § 68-112(A) Firie-
Miriiim�ni�- $60,
Maxiim�ni�- $'250,
(2) § 68-112,13,, Civil Perialty-
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(a) First offrise:
Mirlifm.nl�-
$'1100,
��-2� MaNiim.vi�-
$-300,
(b) Secorid and sabseqt
ero, of'ferises-
Miriiim�ni�-
Chapter 122, Article V §122-20(GG) of the Town Code of the Town of Wappinger is hereby
amended to read as follows:
"GG, Cha][,)ter 241), Zoriirlg,
(11) § 241) 106.1((,"), firie-
(a) First off�rlse-
Miriiim�ni�-
�I-2� Maxiimi�- $11,500,
(b) Secorid offerise-
Miriiim�ni�-
(c)
111 � Mirlifmnl11,000
Section IV. 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 V. Severability.
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Local
Law shall not affect the validity of any other part of this Local Law, which can be given effect
without such part or parts.
Section VI. Effective Date.
This Local Law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
Meeting: 06/26/23 07:00 PM
Department: Town Clerk
Category: Special Districts
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors:
RESOLUTION 2023-85 Doc ID: 5974
Resolution Authorizing Water Tenancy Agreement For Nature
Preserve Homeowners' Association, Inc.
WHEREAS, the Nature Preserve Homeowners Association, Inc. (the HOA) provides
potable water to 53 residential units at the Nature Preserve on Berry Lane and Doe Trail; and
WHEREAS, the wells of the HOA have failed and can no longer provide potable water to
the residents of the Nature Preserve and they need to connect to the main of the United Wappinger
Water District ("UWWD") to serve their properties; and
WHEREAS, the HOA has requested to enter into a tenancy agreement for the supply of
water from the UWWD to serve their properties on Berry Lane and Doe Trail until such time as the
United Wappinger Water District is extended to include their properties; and
WHEREAS, the connection of the Property to the UWWD water main located in a Town
Easement a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant
to 6 NYCRR 617.5(c)(11); and
WHEREAS, the Attorney to the Town drafted a Water Tenancy Agreement to supply
water to the properties.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and
determines that:
1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA)
pursuant to 6 NYCRR 617.5 (c) (11).
2) The Town Board hereby approves the Water Tenancy Agreement with the HOA in the form
attached hereto.
3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the
Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11).
4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be
provided to the Water & Sewer Department and Building Department to establish the
necessary water account.
5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be
provided to the Dutchess County Department of Behavioral and Community Health.
The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in
the records of the Town Clerk.
COMMENTS - Current Meeting:
Supervisor Thurston added to article 21 the following language: To the extent that in the future,
the town should require an easement through the nature preserve property, the nature preserve
agrees to grant the town an easement on terms and conditions that be approved by the parties and
that cooperation shall in good faith cooperate with to that.
Updated: 6/29/2023 12:50 PM by Joseph P. Paoloni Page 1
Resolution 2023-85
Meeting of June 26, 2023
A buy in fee was discussed. Attorney Horan suggested that the agreement is with the
homeowner's association not the owner of the 53 individual units and when that takes place
another agreement will take place which will include the buy in.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Updated: 6/29/2023 12:50 PM by Joseph P. Paoloni Page 2
TENANCY AGREEMENT FOR CONNECTION TO
THE UNITED WAPPINGER WATER DISTRICT
THIS AGREEMENT made the 26th day of June, 2023 by and between
the Town of Wappinger, acting through its elected Town Board on behalf of the UNITED
WAPPINGER WATER DISTRICT, a special improvement district operating under Article 12 of
the Town Law hereinafter referred to as "UWWD"
having offices at
20 NEddlebush Road
Wappingers Falls, New York 12590
AND
NATURE PRESERVE HOMEOWNERS' ASSOCIATION, INC.
having an address oft
PO Box 400
Carmel, NY 10512
hereinafter referred to as "HOA"
WITNESSETH:
WHEREAS, the HOA provides potable water to 53 single family townhouse units on Berry
Lane and Doe Trail in the Town of Wappinger (the "Property"); and
WHEREAS, the Property is more fully described by metes and bounds descriptions and tax
parcel identifiers attached hereto as Exhibit "A"; and
WHEREAS, the water supplied by the existing wells does not comply with applicable health
department standards and the HOA desires to obtain municipal water for the property; and
WHEREAS, the property is not currently located within a Water District in the Town of
Wappinger but the property abuts the UWWD water main that is located within Old Hopewell Road
and a water shutoff valve is located within the right of way for a future connection to the property;
and
WHEREAS, the parties have determined that it is desirable to provide water service to the
Property by the creation of a water tenancy agreement; and
WHEREAS, the UWWD has sufficient capacity to meet the water demand of the Property
which is estimated at 16,690 gallons per day; and
WHEREAS, UWWD is willing to provide water service to the Property and to allow access
over its pipes, mains, pump station and infrastructure for the water service to the Property provided
that the New York State Department of Environmental Conservation issues a Water Supply Permit
to allow the UWWD to provide water to the Property, if such Permit is required;
WHEREAS, as consideration for obtaining access to the UWWD, the HOA shall construct
all improvements necessary for connecting the Property to the UWWD, and
WHEREAS, this Tenancy Agreement is intended as an interim procedure and the Property is
intended to be included in a future extension of the UWWD;
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein
and other valuable consideration, the parties hereto agree as follows:
1. TERM. The term shall commence upon the execution of this Agreement by all parties and
the initial term shall expire forty years from the date water service is first provided to the Property,
unless it is sooner terminated by other provisions set forth herein. Provided the HOA is not in default,
the term of this agreement shall be automatically renewed thereafter for subsequent five year terms
until such time as the either party gives notice of the termination of the renewal Agreement, such
notice of termination of the renewal Agreement must be given at least six months prior to the
expiration of the term unless the Agreement is sooner terminated by other provisions of this
Agreement.
2. RIGHT TO CONNECT In consideration of the promises made by the HOA under this
Agreement, the UWWD grants unto the HOA the right to connect to the water distribution facilities
of the UWWD as provided by this Agreement.
3. CONSTRUCTION OF IMPROVEMENTS — HOA will, at its sole cost and expense, design
and construct all water improvements necessary to connect the Property to the UWWD water
distribution system at the water shutoff valve in the public right of way abutting the Property.
A. The water improvements shall be constructed in accordance with the following
standards:
i) Installation of the water improvements shall be in accordance with Chapter
234 of the Code of the Town of Wappinger; Installation of the water
improvements shall comply with all applicable statutes, regulations and
rules adopted by Federal, State and Local jurisdictions including but not
2
limited to: Part 5 of the Sanitary Code of the State of New York (10
NYCRR Chapter I, Part 5);
ii) The water service connections shall be in conformance with the Town's
Residential Water Connection Specifications.
iii) Construction of the improvements is subject to final inspection and
approval by the Town Engineer, the Building Department and the Water
System Operator. Water service may not be turned on unless approval is
given by the Town Engineer, the Water System Operator and the Building
Department.
B. REVIEW BY TOWN The Town engineer must approve all plans and
specifications and will be permitted to inspect the construction as it progresses.
The HOA shall be responsible for reimbursing the Town for the reasonable costs
of engineering review and inspection for this project, including post -completion
review.
C. NECESSARY PERMITS
i) HOA shall acquire, at its expense, any and all permits necessary in order to
undertake the project provided for herein, included but not limited to: road
opening permits, NYS DOT permits, NYS DEC permits, grading permits,
plumbing permits, NYS Department of Health, Dutchess County
Department of Health permits, and Town of Wappinger Building Permits.
ii) To the extent the Town must obtain any regulatory approvals to implement
this Agreement, including but not limited to a water supply permit from
NYDEC, the Town shall obtain the same and the HOA shall reimburse the
Town for the costs of any such permits.
iii) If necessary, the HOA shall apply for approval from the Dutchess County
Department of Health within 30 days of the execution of this agreement.
4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water
improvements constructed by the HOA shall be property of the HOA and the HOA will be
responsible for the operation and maintenance of all aspects of the water improvements from the
point of connection with the UWWD water distribution line, onto and throughout the Property. The
HOA shall operate and maintain all water improvements necessary to connect the Property to the
UWWD water distribution system in good condition without leaks.
A. When leakage occurs on pipes and facilities owned by HOA, HOA shall make the
necessary repairs immediately when they are discovered. If HOA fails to make said
repairs as soon as possible, the Town may take such steps necessary to protect the
Town water supply, including, if necessary, the right to discontinue water service,
until such time as the leak is repaired. If water service is discontinued, the HOA
shall pay the Town the restoration of service charge.
B. HOA shall replace or repair such portions of the water improvements that are
deemed necessary by the Town Engineer or the Water Department within the time
prescribed by the notice to cure. If HOA fails to make said repairs or replacement
within the time provided by the notice, the Town may take such steps necessary
to protect the Town water supply, including, if necessary, replacement or repair as
provided above and/or the right to discontinue water service, until such time as
the repairs or replacement is completed. If water service is discontinued, the HOA
shall pay the Town the restoration of service charge.
5. COST OF IMPROVEMENTS — The cost of the improvements to be paid by the HOA shall
include all costs necessary or incidental to the construction of the water services for connection of the
HOA's property to the water distribution facilities of the UWWD.
6. INDEMNIFICATION — The water services to be constructed by the HOA will be
constructed by it, or its agents, as an independent contractor. The HOA and its agents will hold the
Town, its agents and consultants harmless from any claims or causes of action brought against them,
as a result of the HOA's actions or those of any agent, employee or subcontractor of the HOA. The
Town shall be named as an additional insured, and proof of said addition shall be provided prior to
the commencement of any construction. Claims arising from the acts or omissions of UWWD are
excluded from this paragraph.
A. HOA will hold UWWD and Town of Wappinger harmless from any claims for
damage to the septic system on HOA's property arising from the connection of
HOA's property to the UWWD as a tenant pursuant to this Agreement.
7. WATER RATES While this Agreement is in effect, the HOA, its successors and assigns,
will pay on an annual basis or at such intervals that the Town bills its customers the same water
charges, benefit assessment charges or other fees and assessments imposed or to be imposed on
property owners within the UWWD for water and does consent to said charges being deemed liens
on the Property in the same manner as if the Property was located within the boundaries of the
District. The Water Charges shall be determined and payable in accordance with Chapter 234 of the
Town of Wappinger Code as the same may be amended from time to time hereafter.
A. The HOA consents that unpaid water charges become liens on the Property and
run with the land against the HOA's successors and or assigns.
B. Service restoration fees and other miscellaneous charges shall be in accordance
with Chapter 234 of the Town of Wappinger Code and the rules and regulations
of the UWWD Water System.
8. NO OTHER HOOK-UPS — There shall be no additional permission to serve any property
outside of the District other than the one herein described though the water improvements being
constructed by HOA. The parties agree that no other parcel shall be allowed to connect to the water
service line being constructed by the HOA without the express written approval by the Town.
9. TEMPORARY DISCONTINUANCE OF SERVICE In accordance with the regulations
of the Town and New York State Law, including but not limited to Chapter 234 of the Town of
4
Wappinger Code, the Town may, upon reasonable notice, when such notice can reasonably be given,
suspend, curtail or discontinue water service on a temporary basis:
A. for failure by HOA to comply with any valid governmental order or directive, such
discontinuance shall be for the shortest time practicable.
B. for any of the following acts or omissions on the part of the HOA; provided
however that reasonable arrangements are made for the provision of water service
to the residents using the water improvements provided for in this Agreement.
10. Subject to Paragraph 11 following, the following shall constitute default by HOA:
A. Non-payment of any valid bill due for service for the Property, provided that a
notice of default has been given which provides a period of ten days to cure the
default in payment or file a written notice of objection to the Town. If the HOA
files an objection, the Town Board shall hear such objection at its next meeting
and determine the validity of such objection. In the event the objection is not
sustained then water service may be discontinued.
B. Disconnecting the meter or in any way tampering or interfering with the meter or
remote meter reading device or tampering with any other facility of the Town
without permission.
C. Providing water service to others without the approval of the Town.
D. Failure to remove any non -conforming temporary or permanent physical
connection or interconnection to any unapproved source of supply.
E. Maintenance of any water outlet improperly protected against backflow or back -
siphonage, or connecting or operating any piping or other facility on the HOA's
premises in such manner as to adversely affect the safety or adequacy of service
provided to other Town water customers present or prospective.
F. Willful wasting of water after a notice to cure has been served and a 10 -day cure
period has expired, and no cure has been effected.
G. Failure to properly construct and maintain meter housings.
H. Failure to comply with the terms of orders any Court or governmental authority
having jurisdiction concerning the obligations of HOA under this Agreement.
I. Refusal to allow reasonable access to the Property for necessary purposes in
connection with rendering of service, including meter installation, reading, or
testing, or the maintenance or removal of the Town's property
11. ENFORCEMENT OF THIS AGREEMENT BY UWWD SHALL BE EFFECTUATED
BY PROCEEDING TO PLACE AND ENFORCE A LIEN FOR FINANCIAL OBLIGATIONS
OF HOA UNDER THIS AGREEMENT OR BY SEEKING INJUNCTIVE OR OTHER RELIEF
FROM A COURT OF COMPETENT JURISDICTION FOR DEFAULT OTHER THAN
DEFAULT OF FINANCIAL OBLIGATIONS PROVIDED THAT UWWD SHALL SEEK IN
SUCH ORDER AND PERMIT A REASONABLE CURE PERIOD FOR DEFAULTS WHICH
DO NOT PRESENT AN IMMEDIATE HAZARD TO LIFE, PROPERTY OR HEALTH.
12. EARLY TERMINATION OF AGREEMENT Subject to the right of HOA to challenge
any governmental order or directive that HOA asserts is invalid or unreasonable, HOA shall comply
in good faith with any governmental order or directive concerning the obligations of HOA under the
terms of this Agreement. The following shall constitute grounds for early termination of this
Agreement:
A. If the HOA is notable to install the necessary water improvements this Agreement
shall terminate upon notice to the Town of such fact.
B. This Agreement shall terminate if HOA does not commence construction of the
improvements within three years of the execution of this Agreement by both
parties.
C. The HOA acknowledges that the Town has the right and obligation under this
Agreement to discontinue water service to customers outside the District when
the UWWD's water supply is insufficient to meet the needs of District residents.
In the event that there is no longer surplus water capacity to service the Property,
the Town may seek judicial authorization to terminate water service under this
Agreement. The Town shall give the HOA sufficient time to obtain an alternative
water source and construction of a connection to such alternate source, in
accordance with said approval. In no event shall the notice period be less than
three months, except in the case of an emergency.
D. In the event a water district or water improvement area of the Town of Wappinger
is extended to cover the Property and the Property is approved to obtain water
from such water district or improvement area, this Agreement shall terminate
(without the need for Court order). The HOA shall have a reasonable amount of
time to make connection with Town of Wappinger water service.
E. Neither party shall be entitled to damages or penalties if this Agreement is
terminated in accordance with this section.
13. TOWN CODE & WATER DISTRICT REGULATIONS The HOA agrees to abide by
and be bound by Chapter 234 of the Code of the Town of Wappinger entitled "Water" as well as all
rules and regulations adopted by the Town Board for the operation of the UWWD Water system.
14. TOWN'S RIGHT TO INSPECT The Town and its employees and agents shall have the
right to enter upon the Property at reasonable times to inspect the water improvements in order to
determine that the water improvements are functioning properly and are in compliance with this
Agreement, the Town of Wappinger Code and other applicable laws. The right to inspect shall not
be construed to place the Town in a position of responsibility for maintaining the HOA's water
distribution system. The purpose of inspections is to protect the UWWD's water system. Failure to
permit access to inspect the water improvements shall be considered a default of this Agreement and
the Town shall be authorized to discontinue service until such time suitable access is provided.
6
15. EMERGENCY REPAIRS The Town and its employees and agents shall have the right to
enter upon the Property in the case of an emergency to make such repairs to the water system that are
necessary.
16. SEQRA REVIEW This Agreement is contingent upon and shall not take effect unless and
until the SEQRA review is completed by the lead agency designated by the Town Board.
17. BUY -IN FEE — HOA shall make payment of a buy -in fee of $169,600 pursuant to Town
Code Section 236-6(B)(2)(b)(1). The buy -in fee provided for in this Agreement is intended to serve
as a credit for the buy -in fee for inclusion in the District by reason of the fact that this tenancy is
intended as an interim procedure pending inclusion of the property in the District.
18. WATER PRESSURE The continuing adequacy of the Town's water pressure is in no way
guaranteed by the Town.
A. The HOA shall be allowed to conduct any tests it deems appropriate to determine
that the water pressure of the UWWD Water System is sufficient for its needs. All
such tests must be completed before the buy -in fee is due. In the event that these
tests determine that the water pressure of the UWWD Water System is not
sufficient, the HOA may terminate this Agreement. Once the incentive fee has
been paid, the HOA may not terminate this Agreement pursuant to this section.
B. The HOA acknowledges that they have the opportunity to become fully familiar
with the water pressure supplied to the Property by the UWWD water system and
any limitations said pressure may have on any firefighting apparatus. With this
knowledge the Corporation accepts the water pressure "as is".
19. PROHIBITED USES Units on the Property may only be used as a single-family residence.
20. COSTS & ATTORNEYS FEES — The HOA is liable for all costs, charges, duties and
responsibilities imposed upon the HOA by this Agreement. The parties may enforce this Agreement
by judicial action and the prevailing party shall be entitled to recover its reasonable costs and attorney's
fees in any action to enforce this Agreement.
21. COOPERATION — It is expressly understood that the parties' good faith efforts and due
diligence in proceeding with the approvals, planning and construction of the proposed project are
expressly made terms and conditions of this Agreement. The parties acknowledge that, although they
have attempted to incorporate and resolve all matters relative to the proposed improvements, certain
matters will likely arise hereafter which were not addressed in whole or in part by this Agreement.
Accordingly, the parties hereto shall, in good faith, cooperate to do all things to the extent that in the
future, the town should require an easement through the nature preserve property, the nature preserve
agrees to grant the town an easement on terms and conditions that be approved by the parties and
that cooperation shall in good faith cooperate with to that, which may become necessary in the future
to effectuate the purpose and intent of this Agreement.
22. AUTHORITY — It is expressly understood and acknowledged that the signatories to this
Agreement have the power to bind their respective parties to all of the terms and conditions contained
herein. All resolutions of the respective governing bodies of the Town have been adopted by the
appropriate legislative authority.
7
23. APPLICABLE LAW This Agreement shall be governed under the laws of the State of
New York.
24. VENUE Venue for any dispute arising from this Agreement shall be placed in a New York
State Court of competent jurisdiction located within the County of Dutchess, State of New York.
25. ENTIRE AGREEMENT This Agreement and any attachments hereto constitute the
entire agreement and understanding of the parties with respect to the subject matter hereof and
supersede all prior agreements and understandings, whether oral or written. No modification or
claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by the duly
authorized representative against whom such modification or waiver is sought to be enforced.
26. WAIVER None of the terms of this Agreement can be waived or modified except by an
express Agreement in writing signed by both parties. There are no representations, promises,
warranties, covenants, or undertakings other than those contained in this Agreement, which represents
the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by
either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing
waiver or a modification thereof and either party may, within the time provided by applicable law,
commence appropriate legal proceedings to enforce any or all of such rights.
27. SEVERABILITY All rights, powers and remedies provided herein may be exercised only
to the extent that the exercise thereof does not violate any applicable law, and are intended to be
limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or
not entitled to be recorded under any applicable law. If any term, covenant or condition of this
Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms,
covenants and conditions of this Agreement shall in no way be affected thereby.
28. EXTENSION OF SPECIAL DISTRICT UWWD and the Town of Wappinger reserve
the right to extend the boundaries of UWWD to include HOA's Property. If petitioned by the HOA
pursuant to Article 12 of the Town Law, the Town will use best efforts to extend the District. The
HOA agrees to irrevocably execute any Petition pursuant to Article 12 of the Town Law to extend
the boundaries of the UWWD to include the Property, or for any other Water District formed by the
Town to include the Property. If the Town Board on its own motion, pursuant to Article 12A of the
Town Law, determines to extend the boundaries of the UWWD to include the Property or to create
a new District the boundaries of which will encompass the Property, HOA will not take any action to
oppose the Town Board's actions.
29. SUCCESSORS AND ASSIGNS This Agreement is binding upon the heirs, successors and
assigns of HOA and it shall run with the land comprising the Property and the parties shall record this
Agreement or a Memorandum of this Agreement with the Clerk of Dutchess County, indexed to the
Property.
30. ADDITIONAL DOCUMENTS Each party will, at any time and from time to time, at the
request of any other party make, execute, acknowledge and deliver, or cause to be done, all such
further acts, deeds or other documents as may reasonably be necessary or appropriate to complete the
transactions contemplated by this Agreement.
8
IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized
officers as IN WITNESS WHEREOF, the parties have set their hand and seals by their duly
authorized officers as of the date first above written.
Nature Preserve Homeowners' Association, Inc.
By:
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the day of 2023, before me, the undersigned, a Notary Public in and for said
State, personally appeared personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
TOWN OF WAPPINGER TOWN BOARD ON BEHALF OF UNITED WAPPINGER
WATER DISTRICT
Supervisor
Councilmember
Councilmember
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
Councilmember
Councilmember
ACKNOWLEDGEMENTS
On the day of June, 2023, before me, the undersigned, a Notary Public in and for said State,
personally appeared Richard Thurston, William Beale, Angela Bettina, Al Casella and Christopher
Phillips personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
10
To Be Added
EXHIBIT A
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Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
ADOPTED
RESOLUTION 2023-86
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
Meeting: 06/26/23 07:00 PM
Department: Town Clerk
Category: Correspondence
Prepared By: Joseph P. Paoloni
Initiator: MinuteTraq Admin
Sponsors: Town Clerk Joseph P. Paoloni
DOC ID: 5975
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]
Corr s and r ce Log
- 2023-06-26
SECONDER:
Number
To
From
Date Date Rec` Re:
Agenda Date
99-26--991
Torn Board
Barbara Roberti
61512923
61912923 Inter retation of Torn Zoiikig Code
X12612923
99-26--992
Torn Board
Heather Kitchen
61512923
61912.923 May 2023.Monthly Re ork
912612023
99-26--993
Town Board
235 Myers Corner Road LLC
6/1212923
6/1212923 Li Dior License Applhckori
X12612923
99-26--99�t
Torn Board
Pets sof" a in ers Falls LLC
"
6711212923
6711212923 Li Dior License A hcation
912612023
t99 2�--99�
Town Board
KHP Wappingers Falls LLC
61912923
611312923 Li lior License Application
6/2612'023
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: 6/22/2023 1:52 PM by Joseph P. Paoloni Page 1
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TOWN OF WA�PPIVql�k
Director of Strategic Planning
& Municipal Codes
Barbara Roberti - Ext. 128
Deputy Zoning Administrator
Judith Subrize — Ext 129 A%
PLANNING BOARD & ZONIING
BOARD OF APPEALS SECRETA 4J6 ZONING DEPARTMENT
Bea 09unti — E4 122 20 MDD
ILEBUSH ROAD
k )
WAPPINGERS FALLS, NY 12590
ANL (845) 297-13 73 Ext. 2
lk 1W
Fax (845) 297-0579
90M WWW.t0W110fNVaPPiT1gC]-11y.-0V
qr n
SUPERVISOR
Dr. Ricliw-d L, Thurstm
TOWN BOARD
William H. Beale
Chris Phillips
Angela Bettina
Al.Casella
Receoje,d
30QiJ
%KiAnDInger
n 0 1 k
MEMORANDUM TO�Nn oer
To: Peter Galotti, Chairman of the Zoning Board of Appeals
Zoning Board of Appeals Members
Mr. James Horan, Attorney to the Town
Mr. Neil Alexander, Attorney for the applicant
From. Barbara Roberti, Director of Planning & Municipal Code
Date: June 5, 2023
Re: Interpretation of Town Zoning Code 240-81,7
Mixed Uses for the Alpine Commons Residential Project
Tax Parcel 6157-02-707773, 1404 Route 9
The Zoning Board of Appeals has requested an Interpretation of Town Zoning
Code 240-81.7 as applied to the Alpine Commons, Residential Development
Project currently pending before the Board. This threshold interpretation is
requested to determine the quantitative extent of the variances required for
residential density for the mixed use.
In pertinent part, §240-81.7 provides:
§ 240-81.7 Mixed uses. ' .'
A. Density.
(1) The residential density in a mixed-use development shall not
exceed three dwelling units per acre of net lot area devoted to the
residential component of the mixed use.
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(2) The commercial density in a mixed-use development shall not
exceed the maximum floor area ratio (FAR) for the zoning district
in which the development is located, based upon the net lot area
devoted to the commercial component of the mixed use.
(3) The residential and commercial components of the mixed use shall
not, individually or in combination, exceed the maximum density
standards of Subsection A(I) and (2) immediately above. Further,
the net lot area used to derive density for the residential
component of the mixed use shall not be utilized to derive density
for the commercial component and vice versa.
B. Minimum residential and commercial components. As measured by
net lot area, the mixed use shall be at least 25% residential and at
least 25% commercial.
(Emphasis added)
The applicant is proposing a total of 144 dwelling units for the residential
component of the mixed use on the property. The gross area of the parcel is 86.817
acres, and the applicant has stated that 3 7.3 6 acres of its land is not buildable,
leaving 49.457 acres of net lot area. The actual net lot area needs to be confirmed
before any variance can be granted.
The residential density described in § 240-81.7(A)(1) is three dwelling units
per acre of "net lot area devoted to the residential component of the mixed use."
The term net lot area is defined at §240-5 as:
NET LOT AREA
The gross area of a property minus 100% of the area of wetlands, lands
within the one -hundred -year floodplain, and areas of steep slopes in excess
of 25% when measured over a distance of 50 feet.
The term "devoted to the residential component of the mixed use" is not
defined in the Zoning Code so it has its ordinarily accepted meaning, or the
meaning implied from the context of its usage. §240-4(Q).
The ordinarily accepted meaning of "area devoted to the residential
component of the mixed use" would be that contiguous portion of the property that
is covered by the residential uses such as multifamily buildings, clubhouses,
residential accessory buildings, together with roadways, parking, sidewalks,
2
landscaping, stormwater facilities and other improvements associated with the
proposed multifamily housing.
Reviewing § 240-81.7(A)(1) as applied to this project, the site plan for the
most recent submittal shows areas for multifamily buildings, roadways, parking,
landscaping, and other improvements for the for the residential development to be
approximately 9.9 acres. No wetlands are shown in this area, and it is not clear if
there are any steep slopes to be deducted from the gross lot area. 144 dwelling
units on 9.9 net lot acres yields a density of 14.54 dwelling units per acre. Under
the permitted mixed use density of 3 dwelling units per acre, 9.9 acres would yield
29.7 total dwelling units where 144 is requested. § 240-81.7(A)(1) permits 3
dwelling units per acre which results in a variance of 11.54 dwelling units per acre.
At page 4 of his letter dated November 14, 2022, the attorney for the applicant
suggests that the area devoted to residential development would be all land not
containing commercial buildings, or approximately 31.3 acres. The applicant
reaches this area by deducting 16 acres from an overall net lot area of 47.3 acres. It
must be noted that § 240-81.7(A)(3) provides that "the net lot area used to derive
density for the residential component of the mixed use shall not be utilized to
derive density for the commercial component and vice versa." Using the area of
the property that is devoted to the commercial component of the mixed use is not
permitted to derive density for the residential component. Parking areas for
commercial uses as well as existing stormwater facilities and open spaces remote
from the residential component of the mixed use cannot be used to derive the
density for the residential component of the mixed use. The applicant's
interpretation of "net lot area devoted to the residential component of the mixed
use" is not consistent with the current site plans that show approximately 9.9 acres
for the residential component and a net lot area of 49.457 acres.
In the November 14, 2022, letter, the applicant notes that "Unlike every other
use in the Nonresidential Districts, Mixed Uses are required to calculate density
and compliance based on Net Lot Area as opposed to Gross Floor Area." Mixed
Use is the only use that permits new multifamily dwellings in a non-residential
district so reference to other nonresidential uses is not necessarily germane. The
use of net lot area to establish the density of multi -family dwellings in a mixed-use
development, is consistent with the RMF -3 and RMF -5 zoning districts which are
the only residential districts that permit new multifamily housing and those
districts also use net lot area to establish density.
§240-81.7(B) states "[a]s measured by net lot area, the mixed use shall be at
least 25% residential and at least 25% commercial." Using an overall net lot area
3
of 49.457 acres as shown in the most recent submission, the minimum acreage
necessary for the residential development would be 12.364 acres. The current site
plan shows 9.9 net acres of residential development which is 2.464 acres less than
the 25% minimum required.
Conclusion
In conclusion, my interpretation is that the "area devoted to the residential
component of the mixed use" as used in §240-81.7(A)(1), is that contiguous
portion of the property that is covered by the residential uses such as multifamily
buildings, clubhouses, residential accessory buildings, together with roadways,
parking, sidewalks, landscaping, stormwater facilities and other improvements
associated with the proposed multifamily housing. Parking areas for commercial
uses, as well as existing stormwater facilities, and open spaces remote from the
residential component of the mixed use cannot be used to .derive the density for the
residential component of the mixed use.
The site plan with the most recent submittal shows areas for multifamily
buildings, roadways, parking, landscaping, and other improvements for the for the
residential development to be approximately 9.9 acres. Under the permitted mixed
use density of 3 dwelling units per acre, 9.9 acres would yield 29.7 total dwelling
units where 144 is requested. § 240 81.7(A)(1) permits 3 dwelling units per acre
so a variance of 11.54 dwelling units per acre is required for the construction
of 144 proposed units. This variance amount is subject to confirmation of the net
lot area. The applicant is free to devote additional land to the residential
component of the mixed use.
In addition, §240-81.7(B) states "[a] s measured by net lot area, the mixed use
shall be at least 25% residential and at least 25% commercial." Using an overall
net lot area of 49.457 acres as shown in the most recent submission, the minimum
acreage necessary for the residential development would be 12.364 acres. The
current site plan shows 9.9 net acres of residential development which is 2.464
acres less than the 25% minimum required. Under the current proposed
configuration, a variance of 2.464 acres is required to comply with §240-
81.7(B).
TOWN JUSTICE
HEATHER L. KITCHEN
June 51h, 2023
yv
JUSTICE COURT
20 MIDDLEBUSH ROAD
WAFPINGERS FALLS, NY 12590-0324
(645) 297-6070
(845) 297-7739
PAX: (845) 297.0145
COURT HOURS:
Tuesday 5:30 RM.
2nd and 4th Wednesdays 5,30 P.M.
1 st and 3rd Thursdays 5:30 P,Nf.
Supervisor Thurston and Members of the Town Board
Town of Wappinger Town Hall
20 Middlebush Road
Wappingers, NY 12590
Re: Heather L. Kitchen, Town Justice Monthly Report, May 2023
Dear Supervisor Thurston and Members of the Town Board;
TOWN JUSTICE
CARL S. WOLFSON
JUN 0 9 2023
Town of Wappinger
Town Clerk
The following is a report of the cases disposed of during the month of May 2023;
7 Penal Law matters resulting in $205,00 collected in fines and fees.
268 Vehicle and Traffic Law matters resulting in $25,258.00 collected in fines and fees.
5 Civil matters resulting in $65.00 collected in fees.
7 Termination of Suspension matters resulting in $700.00 collected in fees.
2 Transportation Law matters resulting in $250.00 collected in fines.
1 Town Ordinance matter resulting in $100.00 collected in fines.
I Executive Law matter resulting in $50.00 collected in fees.
I have forwarded a check in the amount of $26,628.00 to the Town of Wappinger Comptroller.
In addition, I am holding $3,323.00 in pending bail.
Respect 1 bmit
Heather
Town Justice
cc: Joseph Paoloni, Town Clerk
TOWN JUSTICE
HEATHER L. KITCHEN
June 5'�', 2023
JUSTICE COURT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-6070
(845)297-7739
FAX: (845) 297-0145
COURT HOURS:
Tuesday 5:30 P.M.
2nd and 4th Wednesdays 5:30 P.M.
1 st and 3rd Thursdays 5:30 P.M.
Supervisor Thurston and Members of the Town Board
Town of Wappinger Town Hall
20 Middlebush Road
Wappingers, NY 12590
Re: Carl S. Wolfson, Town Justice Monthly Report, May 2023
TOWN JUSTICE
CARL S. WOLFSON
Dear Supervisor Thurston and Members of the Town Board;
The following is a report of the cases disposed of during the month of May 2023;
8 Penal Law matters resulting in $0.00 collected in fines and fees.
286 Vehicle and Traffic Law matters resulting in $21,181.00 collected in fines and
fees.
9 Civil matters resulting in $150.00 collected in fees.
21 Termination of Suspension matters resulting in $1,680.00 collected in fees.
3 Town Ordinance matters resulting in $50.00 collected in fines.
1 Transportation) Law matter resulting in $0.00 collected in fines.
I have forwarded a check in the amount of $23,061.00 to the Town of Wappinger
Comptrollerr..JA-dd)� on, I am holding $19,099.00 in pending bail.
art S. Wolf.
own Justice
cc: Joseph Paoloni, Town Clerk
Town of Wappinger
Office of Town Clerk
20 Middlebush Rd,
Wappingers Falls, NY 12590
in
PSANDREA O'BRIEN
ABC LAW CONSULTING GROUP
Re: 235 Myers Corner Road LLC
235 Meyers Corners Rd.
Wappingers Falls, NY 12590
Dear Town Clerk:
LIQUOR LICENSE CONSULTANT
WWW. NYSLIQUOR.ORG
AN®REA@LIQUCI RAUTHORITY.ORG
914-980-9717
,Uig 12 2023
Town of wappinger
Town Clerk
Enclosed herewith is the 30 -Day Notice to the Municipality for the above-mentioned 235 Meyers Corner
Road LLC., part of the NYS Liquor Authority application for a Liquor License.
We respectfully request a waiver of the 30 -day wait period so that the applicant can proceed quickly
with submitting the license application to the NYSLA. This is a six (8) month process, and a waiver will
expedite the process slightly.
If you have any questions or need any additional information, please do not hesitate to contact me.
Sincerely yours,
7466-ela O ,C 141f
Andrea O'Brien
Liquor License Consultant
Encs.
6.1,a
OFFICEUSE. USIw
StiAnt �,,,�.��
0 Orlf;irial O :.Ari3enddd Date
49
Standardized NOTICE FORM for Providing 30-DavAdvance
Noticiato.a LocalMunicipality +fir®mcrntndBoard
Date Notice.SQnt: 06107/20123 1a. Delivered hy; 0vemight Mall, Trackin ,Number aild Prt
.21. 5ei:ect the type of Applicatloq that willbe filed with the Authority.' fur anDn-PrOnises Alcoholic Beverage Ucense:
For gremises outside the Ciky of Newyork:
:New App€iCatianRemoval Class Change
1=e,r �rerrtise's In the �itY of New Park:
O:New Application: New Application and TenpQrary Retail Permit Tern.0ryRetail Permit ( Removal
O Class Change. 0 Meil,od of Operation ' 0 awporate Change ORenewal 0.. Alteration
For.'New and temporary Retail Permit applicants, answersach question below using all Information known 6 date.
o
For Renewal answer all questions
For:.Alteration applicants, attach a complete written description and diagrarrrs depicting the proposed Bkoratfota(s) .
For 'Corporate. Change applicants, attach a l€st of the current and proposed corporate principals
For°Removal appkants, attae.l a statement of your current a nd pmposecl addresses with the reason(s) for t1le reloatlon
a
Far:Class charge applicants, attach a s.tate.rnent detall:ing your current licarlse type and your proposed license type
o
ForMethod of Operation Change applicants, elthoug6.not required, if you choose. to submit; attach an explanation detallingt.hose changes:
N
Piease include all documents as rioted above. �ailrure to do so may eesult in disapproval of the Eipplicatiah.
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This 307D6y Advance Notice is B+einsiProuided to the Cleric of the Following local MUMCIpality or Community Board;
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3, Name of Munidpalrty:or Community Board:
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" 03WN :C f* WAPPINGER
Appikant/l ceriseelrEformation:
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4, Licensee 5er€al Number (if applicable) ;
Expiratlorr mate. (if applicable). �
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5. Applicant or. Licensee Name;.CORNER
COAD LLC
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6. Trade Narna:(If any):'
Pl~Nl1iC�
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7.5treet Address of EstablNhnnent;
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1.23.5 MYERS CORNERS RID �
8. City, Town or Village.
WAFPIWERS FALLS NY Zip Code
9, k3usiness:Telephone Number of applicant/ Licensee
97 182
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10, Business E -mall of Applicant/Lfcensee. . =UMBERUSUNUMOYAHOO.COM
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11, Types) of alcoh0l.sold or to be sold, :: .0 Geer .& cider Wine..Beer Cider: •, Liquor, Wine, Baer& Cider.
12, Extent of Faad Service Full Faad':menu; fult: kitchen run by a:cfref/ce.ok Menu meets legal.minImurn'(bad roulrements; food.prep area required
1'3.Type of Establishment: Bar/Tavern
0. : nsonalBtaNMrhent T.Juke Box EnlscJocl€ey ; Recorded Music Karaoke
14. Method of Operation:
(check all that apply) Live music. (give details l.e.; rock bands, acoustic, Jazz;;etc.):
AMER CAN
Patron Dancing Employee DancingQf,otic Dancing [ Topless Entertainment
Video/:Arcade Cannes Third:Party Promoters : (Security personnel .
lOther (specify):
BOOL TABLE TWO DARTBOARDS R
IS, Licensed Outdoor. Area: ® None Patio or Deck 0 Rosofto. p Q Carded/Grounds Q Freestand!ngCoveredStructure
(check all thatapplY) [}5idewalk.Cafe [ Qther(specify): .
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t1PF(CE USE ONLY .
Orrginaf Amended Date
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15. List the flo r(s) af`the buildknathatthdestabitshrraeni is tacated an:
GROUND
17: E.Istthe trona wmlier(s) the..establisiiry int is located In w thtai the huildlrag' n bpropd"1
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U.Istheprcamise$ WOW villthii500faatofthree orMOM 0ft-premisaslkquvisOtWfsbrnanW
%O-Willtf;eYOS No.
ao. If this is a trtYnafer applitation '(ara exio ai fiml)5ed buOriess is being purchased) ptovlde the Onmand serial riu rhb�r of lho lice rrsn.
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Ar pikatlon for ar N.icerase tol aff la In Alcohol -aCthr? i=stabllsht iant ltlers if3oc[ 16this Notice
� �epr s ntativel�ttarney`s V411 N600 ANORC-A OMEN:REMMNATIVIIo
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2p..9gslrross }r iephgnr:Nuril�er©9 Representative /Attorneys 91�i- $ �f31� k7
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t atrs theappifcant ar:licen ep ii +ideY;or a iarin 'patoft tl al pentity that holds r iS apptying fpr the ilcerase.
Rpm Ontaflons In ibisiarm are In conform Ry with representatfolas madeIn saabmwed dowments reffad upon by.
the ,Authortty:when grentlrigthe flco6se [tu64erstarrctt[ at representetlons made In this torm will'W be relfed
apron, andiat find repr�5$ntuns mey reszilfi irltsappr�vl f the alniicatioi� gar reuncatlon ofthe flcens.
By M.Y signature, t dllrm -under Penalty Operjury-that the rel)resisntatlons'»7ads ifj this-form -tre tate..
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�1, Prhtad`Prlmi lpl Name, MANAGING Njr. i3ER �MAS Ck
i?���cI�I SiglYr�.l:t�r�zt: a
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rev12312031 OFFICE USE ONLY
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_ _�_�, Gt t is �;; (D Original Q Amended Date
Standardized NOTICE FORM for o i O DaV Advance
Notice to a Local Munici alit r 11mmunity Board
1. Date Notice Sent: 06/07/2023
49
Delivered by: Overnight Mail, Tracking Number and Pro
1
2. Select the type of Application t w' ih t Authority for an On -Premises Alcoholic Beverage License: d
For remises outside the Cit N o , gece�v�
Q New Application O RemovoClass Change
For premises in the City of New York:
0 New Application O New Application and Temporary Retail Permit ® Temporary Retail Permit O Removal t , p / ;app jnge
O Class Change O Method of Operation O Corporate Change ORenewal 0 Alteration �O Ntl n ®rw(
For New and Temporary Retail Permit applicants, answer each question below using all information known to date �® �� h L,�
For Renewal applicants, answer all questions
For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s)
For Corporate Change applicants, attach a list of the current and proposed corporate principals
For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation
For Class Change applicants, attach a statement detailing your current license type and your proposed license type
For Method of Operation Change applicants, although not required, if you choose to submit, attach an explanation detailing those changes
Please include all documents as noted above. Failure to do so may result in disapproval of the application.
This 30 -Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board:
3. Name of Municipality or Community Board: rTOWN OF WAPPINGERS
Applicant/Licensee Information:
4. Licensee Serial Number (if applicable): Expiration Date (if applicable):
5. Applicant or Licensee Name; PATSY'S OF WAPPINGERS FALLS LLC
6. Trade Name (if any);
7. Street Address of Establishment; 2657 EAST MAIN STREET
8. City, Town or Village: WAPPINGERS FALLS NY Zip Cade: 90259
9. Business Telephone Number of applicant/ Licensee: 845-298-6093
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10. Business E-mail of Applicant/Licensee; � 5— $'O ^ 1807 p 07
11. Type(s) of alcohol sold or to be sold: O Beer & cider 0 Wine, Beer & Cider Liquor, Wine, Beer & Cider
12. Extent of Food Service: G Full Food menu; full kitchen run by a chef/cook 0 Menu meets legal minimum food requirements; food prep area required
13.Type of Establishment, lRestaurant full kitchen and full menu re uired
❑ Seasonal Establishment ❑ Juke Box EJ Disc Jockey ❑ Recorded Music ❑ Karaoke
14. Method of Operation: El
(check all that apply) Live Music (give details i.e., rock bands, acoustic, jazz, etc.):
❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment
® Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel
❑ Other (specify):
15. Licensed Outdoor Area: ❑ None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure
(check all that apply) ❑ Sidewalk Cafe ❑ Other (specify):
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opla-rev12312021 OFFICE USE ONLY
Original Amended Date
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16, List the fleor(s) of the build ingthat the establishment is located on: Ground
17. List the room numbers) the establishment is located in within the building, if appropriate: E.
18. Is the premises located within 500 feet of three or more on -premises Iiquorestablishments? Q Yes (C; No
19. Will the license holder ora manager be physically present within the establishment during all hours of operation? G) Yes () No
20. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee:
Name Serial Number
21. Does the applicant or licensee own the building in which the establishment is located? Q Yes (if YES, SKIP 23-26) (E) No
Owner of the Building in Which the Licensed Establishment is Located
22, Building Owner's Full Name: I Elm! Berlsha
23. Building Owner's Street Address: 1 2657 East Main Street
24, City, Town or Village: Wappinger Falls State: New Yor4c Zip Code; 12590
25. Business Telephone Number of Building Owner;
Representative or Attorney Representing the Applicant in Connection with the
Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice
26. Representative/Attorney's Full Name: JAMES hOC '0 MONTELEON, ESQ
27. Representative/Attorney's Street Address: 445 HAMILTON AVENUE, STE 605
28. City, Town or Village: I WHITE PLAINS State: I NY Zip Code: 10601
29. Business Telephone Number of Representative/Attorney: 914-840-2529
30. Business E-mail Address of Representative/Attorney: I JAM ES@MONTELEONLAW@COM
I am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license.
Representations in this form are in conformity with representations made in submitted documents reiied upon by
the Authority when granting the license. I understand that representations made in this form will also be relied
upon, and that false representations may result in disapproval of the application or revocation of the license.
By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true.
31. Printed Principal Name: F,4 T jr-o N le- o Title: 'r,70t
Principal Signature:
Page 2
OFFICE USE ONLY
i' rlg.ln:a.i () Amended Date
12
FS=113ru Me TOMM-ley"T &H
to a Local Municipality or Community Board
1� Date Notice was sena: � (" C� � � Ia. Delivered y:
Return Recelot
2. Select the type of Appllsation that will be filed with the. Authority for anOn-Premises Alcoholic ev License,
New Application 0 ifeneWai 0 Alteration 0 Corporate Change 0 Rem0 lass Ohara e�
foNN c
For New applicants, am�wer each question h luw using All forrrmatio kn>�v��date -T O
For. +�newal appli nts; answer all quesbons
For > Ix r tiizsri appllcan , attach a cordple . wr tt�n esicri ir7 grams depicting the proposed alt:eration(s)
For Corporate Oange applicants, attach a to n M. proposed corporate principals
For Removal applicants, attach a.:stat.ai ,&l f C nt . rid proposed addresses wit% the r�asorr(s) fair the.relootion
For Closs Change applicants, .atta nt ta.iling yOur Current limn.se type and your proposed lksense type
For Method sofgratis nt I.though not required, if you. choose to submit, attach an explanation detailing those changes
,this 0-0ay.Advancelura heing Provided to the Clary of the Following Local Municipality ororrtmunity Board:
3. Marne of Municipality or'Community Board:
Applieaiwt%tir rt5e InfOrmatlon:
4, Lice.mee Serial hlurnb-er (if applicable); _ � � Expiratio n.Date (K ap,pllca k):
,> Applicant orlicensee N rmiai KHPWapping r Falls Ll,
6. "tirade Name (if any}: -Pot Korean BBQ a loot Pot
7, Street Address of Establishment 1488 US 9
Jia city, Town or village: �1 piri �r �`ff � NY zip Code:
9. i§u irioss'f l pi trr€e umber of Applic�M/Ucensee;
10, Business E-mail 0 Applic :nt/Licensee:} pin r falls thekpot ort
U Type(s) of alcohol sold or to be said: 0 8eec & Cider Wine, Sear & Cidor L€quor, Wine, Beer & Cider
12, Extent of Food Service:
(D Fall food m anu, full kitc-hen rtan bye che€;cw cook 0 Menu meets lr zl minimum food availability regtdrement�; road prep area atmimmursr
13, Type ofstziblish meht e:slaurant �t,lll k t h nd fUll l`�enu r�t�t�ir �
.14, Method of Operation,
(check all that apply)
15, Licemed Dutdoor Ama,
(ch eckaii that :appIV)
euaonialEstablishment rl Juice-Bux Disk Jockey ;gecordpd Music Kara€ike
[].Live Music (give details i.e., rock bands, acoustic, jazz, etc,)::
ED Patron Dancing. El E mployeaDanc ng Exoti€ Dinding E] Topless Entertainment
Video/Arcade Games Third Party Promoters Elseturity Personnel
E] Other (specify).
Yitilone - NPatlo or Deck EJ Rooftop 444 E] Qarden/Grouacls � rreestanding Covered Structure
El Sidev #k Cafe j Other (specify).
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floor
16. List we 110W (si Q
17• List the room nurnber(s) the est biisfr.0lont is Irz�:ated; in Within the building, if apPtnPriate,
19. N thepremises located wlthln 00 feet Of three Or more On -premises liquor establishmentO 0 Yes 0 No
Will the li s holderor tri r err physi allyPreset)t W� thjn the est4bjlshment during@ll hours Otc� araticrl? yOs No
19,
.20, if this is e transfer application On existing licensed business is being Purchased]. pravtde. the rune and serial. nwmb.er of the licensee:
Serial Number
21., Does the j1ppli.ctint or licensee own the 'building err which the estabii�hinflnt is Ica.caWd? oyos (ifYE.S; SKIP 23-26) NO
22. Building Owner's. pull'Name;
I
LL
23o Building owner's Street Address: 500 5th Ave39th FL
NY Zip Cade:1 011 0
24. City, "town dr Villa ' N)Y�__ .
25, Rusih�,,ss TelephorO N.Lirnb r of Build In Deem(Ir:
Ftepreserrt titre or Attorney Representing the Applicant In onnectiorrwith- the
.
ppliicati,on for a Li nse to Tr €f k in Alcohol at the i 5tabii5hrnor % identified In thl$ Notice
.26.. Kepre.setiCzitive/Atte nley`s: full Nearer � "it_ij
27..Reprosentattve/Att®rn y's:streetAddress, P 0 BOX 130182
state; Nix zip trade;;E10=013
2 . City, Town OrVillagel NY
19' .Bu ,mess Telephone Nwher of 1 "prese tativeAitsrrneyt
b, usin s -rmaii Address of Representative/Attarney,
ME
S am the applicant Or licensee holdeT or a Prind.Pal of th6 lefll entity that holds or is applying for the licenr .
pt n atic rrs. in this drare.iri i�fvr ity with r presemations ride in submitted document$ relied upon by
the Authority when granting the license. I un ors arld that represerat�ti�r�s rr�rrd in this form will also b� r�li�rS
upon, and.:that faire representations may result in disapproval of the applicatiOr Or revOcati€ar) of the" nit
By my sighatttte,,I affirm - under Penalty: of Perjury -.that the repr wtati ant, Mads: in this firm are true,
�..
i'it6e, f°
1. Printed Principal Name.
l.PL�1
Pal Packet Pg. 61
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