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2024-08-19Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofw a p p i ng a rny. g ov Joseph Paoloni (845)297-5772 Monday, August 19, 2024 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Joseph D. Cavaccini 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 Lori McConolo ue Town of Wappinger Deputy Town Clerk Present 7:00 PM II. Opening Items 1. Salute To the Flag 2. Badar Usmani, Mid -Hudson Islamic Assoc. 3. Momemt of Silence III. Agenda and Minutes 1. Motion To: Adont Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of Julv 8. 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella IV. Public Hearing Local Law 2 of 2024 1. Motion To: Open Public Hearing Town of Wappinger Page I Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Resolution Introducing Local Law No. 2 Of 2024 Which Would Amend Chapter 217, Zoning, Of The Town Code With Respect To A Variety Of Definitions Adjourned 7/8/2024 7: 00 PM COMMENTS - Current Meeting: Marcy Wagman of Old Troy Road spoke to support the 2 proposed local laws. V. Adopt Local Law 2, 2024 RESOLUTION: 2024-150 Resolution Adopting Local Law No. 2 Of 2024 Which Would Amend Chapter 217, Subdivision of Land, Of The Town Code With Respect To A Variety Of Definitions WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2024 which would amend Chapter 217, Subdivision of Land, of the Town Code With Respect To A Variety Of Definitions; 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 July 8, 2024 and August 19, 2024; 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 217, Subdivision of Land of the Town Code with respect to a variety of definitions; 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, 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 Town of Wappinger Page 2 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 WHEREAS, in response to said referral the DCDPD responded and whose comments were duly noted; 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 ten (10) days 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.2 of 2024, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-150 Yes/Aye No/Nay Abstain Absent D Adopted ......... ....... ❑ Adopted as Amended Joseph D Cavaccim Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale ................. Seconder 0 ....................,..................,................ ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter............ D .... ❑ ... ❑ ........ ❑ ... ❑ Withdrawn Christopher Phillips Mover...,........(✓7...... ❑..... El.... ❑..... Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. VI. Public Hearing Local Law 3 of 2024 1. Motion To: Open Public Hearing Town of Wappinger Page 3 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. A Local Law No. 3 Of 2024 Which Would Amend Chapters 85, 213, 214, and 240 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning COMMENTS - Current Meeting: It was agreed to adjourn this Public hearing because of outstanding Planning Board comments. All Planning Board and Dutchess County Planning comments were addressed with respect to Local Law Three, yet the public hearing was adjourned despite these facts. VII. Adopt Local Law 3, 2024 RESOLUTION: 2024-158 A Local Law No. 3 Of 2024 Which Would Amend Chapters 85, 213, 214, and 240 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2024 which would Chapters 85, 213, 214, and 240, of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning; 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 August 19, 2024 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 Chapters 85, 213, 214, and 240, of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning; 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, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and Town of Wappinger Page 4 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated whose comments were duly added; 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 ten (10) days 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.3 of 2024, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2024-158 ❑ Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Joseph D. Cavaccini Voter D ❑ ❑ ❑ ❑ Defeated William H. Beale ......................... Mover..............................D...... ❑..... ❑...... ❑ .... 0 Tabled Angela Bettina ............... Seconder El ❑..... ❑...... ❑..... ❑ Withdrawn Christopher Phillips Voter 0 ❑ El❑ Next: 9/9/24 7:00 PM Al Casella......... .. ....................Voter ... D...... ❑..... ❑...... ❑ .... Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Tabled. VIII. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 5 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella IX. Resolutions - Consent RESOLUTION: 2024-159 Resolution Establishing Standard Workday For Elected And Appointed Officials WHEREAS, effective August 12, 2009, New York State adopted anew regulation 315.4f or additional reporting requirements for elected or appointed officials that more clearly defines the process for reporting time worked for those officials who are members of the New York State Retirement System (NYSLRS), and WHEREAS, a signed Record of Activities was submitted to the Office of the Town Clerk by elected and appointed officials in the NY State Retirement System who have notyet filed or maintained a that their daily record of actual time worked has changed from a prior report, and BE IT RESOLVED, that the Town Board of the Town of Wappinger does herebyestablish the standard workdayfor each elected and appointed official enrolled in the New York State Local Retirement System, which shall be not less than 6 hours per day; and not more than 8 hours per day by NY State law; and, is recorded in the attached form RS 2417 A and B.; and BE IT RESOLVED, that the standard workweek shall be Monday through Friday; and BE IT RESOLVED, that the following is a list of the elected and appointed officials in the Newyork State Retirement System. Elected Term Expires Hours /Day Joseph D. Cavaccini, Supervisor 12/31/2025 8 Joseph P. Paoloni, Town Clerk 12/31/2027 8 Michael Sheehan, Highway Superintendent 12/31/2027 8 William H. Beale, 1st Ward Councilperson 12/31/2025 6 Al Casella, 4th Ward Councilperson 12/31/2025 6 Heather Kitchen, Town Justice 12/31/2025 6 Appointed Lee Anne Freno, Receiver of Taxes 12/31/2027 7 Jerald Owen, Dog Control Officer 12/31/2024 7 Lisa Paoloni, Deputy Supervisor 12/31/2025 6 Lori McConologue, Deputy Town Clerk 12/31/2027 7 Grace Robinson, Deputy Town Clerk 12/31/2027 7 Maureen Leonetti, Deputy Tax Receiver 12/31/2027 7 Town of Wappinger Page 6 Printed 91512024 Regular Meeting Minutes August 19, 2024 Christian Harkins, Assessor 9/30/2025 7 NOW THEREFORE BE IT FURTHER RESOLVED, that within 15 days after the expiration of the posting period, the Town Clerk shall file the completed RS 2417-A form with the Office of the Newyork State Comptroller. BE IT FURTHER RESOLVED, that commencing after the posting period, the elected and appointed officials shall have recorded and certified if not in time keeping system, his or her work activities for a period of three consecutive months, which will include matters outside the normal working hours for the purpose of actually attending to official duties, including to responding to an emergency, attending an employer sponsored event or meeting with, or responding to, members of the public on matters of official business; and BE IT FURTHER RESOLVED, that said records have been completed and were submitted to the Clerk of the Governing Board; and BE IT FURTHER RESOLVED, that the Town Clerk is authorized and directed to certify the "Standard Work Day and Reporting Resolution" as presented to this Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-159 Yes/Aye No/Nay Abstain Absent D Adopted " El Adopted as Amended Joseph D Cavaccim Voter o o ❑ 0 ❑ Defeated William H. Beale„ Seconder D ❑ El❑ ElVo Tabled Angela Bettina ter....,...... El .... ❑ ... ❑ .... ❑ ... ❑ WithdrawnChristopher Phillips Voter El ❑ El Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-160 Resolution Authorizing The Water Tenancy Agreement To The United Wappinger Water District With Caitlyn And Jesse Shellock For The Purposes Of Connecting One Existing Structure At 30 Easter Road WHEREAS, Caitlyn and Jesse Shellock are the fee simple owner of a parcel of approximately 1.9 acres of land located in the Town of Wappinger, County of Dutchess, State of New York having an address of 30 Easter Road, Wappingers Falls, NY and designated as Tax Parcel Grid Identification Number 6056-01-216765 (the "Property"); and WHEREAS, the Property currently includes an existing one story single-family residence; and WHEREAS, through Article XII Mandatory Private Well Testing of the Town Code, the Owners have found significant levels of E -Coli present in the existing well that services this 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 the Circle Drive Town of Wappinger Page 7 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 Right of Way 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 Town Board has determined that there is enough capacity to tie in properties with existing known structures on that parcel only, that would require a limited water supply; and 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 authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Water & Sewer Billing Office and Code Enforcement Office to establish the necessary water account. 4) 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: J Vote Record - Resolution RES -2024-160 Yes/Aye No/Nay Abstain Absent D Adopted . .................. ❑ Adopted as Amended Joseph D Cavaccim Voter D ❑ ❑ ❑ El Defeated William H. Beale„ .............. Seconder El ❑ ❑ ❑ ❑ Tabled Angela Bettina ...................... Voter............ D .... .... ❑ ... .... El........ ❑ ... El Withdrawn Christopher Phillips Voter.............(✓7...... ❑..... ❑ .... ❑..... Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-161 Resolution Authorizing Water Tenancy Agreement To The United Wappinger Water District With Obercreek Development, LLC For The Purposes Of Connecting Existing Structures To Service Obercreek Brewing Company WHEREAS, Obercreek Development, LLC ("Owner") is the fee simple owner of a parcel of approximately 20.04 acres of land located in the Town of Wappinger, County of Dutchess, State of New York having an address of 61-81 New Hamburg Road, Wappingers Falls, NY designated as Tax Parcel Grid Identification Number 135689-6057-02-847758 (the "Property"), and WHEREAS, the Property contains a farm stand and two barns that will contain the Obercreek Brewing Company, it being noted that one barn shall contain a tasting room and the other barn shall contain the brewery, and WHEREAS, the water supplied to the Property by the existing well does not comply with applicable health department standards for fire suppression and sanitary use, therefore, the Owner d Town of Wappinger Page 8 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 desires to obtain municipal water to operate the Property for fire suppression and sanitary purposes only, it being acknowledged that no water is to be supplied for brewing purposes; 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 the New Hamburg Road Right of Way 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 for fire suppression and sanitary purposes by the creation of a water tenancy agreement, and WHEREAS, the Town Board has determined that there is enough capacity to tie in properties with existing known structures on that parcel only, that would require a limited water supply, 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 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 authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Water & Sewer Billing Office and Code Enforcement Office to establish the necessary water account. 4) 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 J Vote Record - Resolution RES -2024-161 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter .......... a ................ o ............... El ................ o ........ ❑ Defeated Williain H. Beale .... Seconder ................. El ....... ..... ❑ ....... ..... ❑ ....... ❑ ....... .. ❑ Tabled Angela Bettina .Voter....,...... D .... ❑ ... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips Voter 0 ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-162 Resolution Appointing Full Time Motor Equipment Operator In The Highway Department WHEREAS, a vacancy of a full time Motor Equipment Operator position exists in the Highway Department, and WHEREAS, the Superintendent of Highways Michael J. Sheehan has appointed Joseph Couto to the position of Motor Equipment Operator effective July, 29, 2024, and Town of Wappinger Page 9 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 WHEREAS, the full time Motor Equipment Operator position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full time Motor Equipment Operator position is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and CSEA, Loca11000 AFSCME, AFL-CIO, Town of Wappinger Unit 6673, Dutchess County Local 814, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby acknowledges the appointment of Joseph Couto as Motor Equipment Operator, effective July 29, 2024, who shall be compensated at the rate of $31.71 per hour which shall be paid in weekly installments, in accordance with the CBA. 2. The above 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. 3. The above appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-162 Yes/Aye No/Nay Abstain Absent D Adopted " El Adopted as Amended Joseph D Cavaccim Voter o o ❑ o ❑ Defeated William H. Beale„ Seconder D ❑ El❑ ElVo Tabled Angela Bettina ter....,...... D .... ❑ ... ❑ .... ❑ ... ❑ WithdrawnChristopher Phillips Voter 0 ❑ El Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-164 Resolution Accepting Donations To The Town Of Wappinger Department Of Parks And Recreation WHEREAS, the Town of Wappinger regularly hosts events for all ages and abilities for the recreational enjoyment of our residents, and WHEREAS, on June 25, 2024, the Department of Parks & Recreation hosted a first ever Summer Kick Off Party at Martz Field Recreation Facility for all families to come use Town facilities, get familiar with Recreation programs, and celebrate the end of the school year, and WHEREAS, two local businesses have graciously donated two checks totaling $500.00 to cover expenses of this event at no cost to Town of Wappinger residents, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby accept the tottowing donations to the Town of Wappinger Department of Parks & Recreation: River Valley Arts Center $250.00 All Angels Montessori School $250.00 The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 10 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 Vote Record - Resolution RES -2024-164 Yes/Aye No/Nay Abstain Absent D Adopted ......... ....... ❑ Adopted as Amended Joseph D Cavaccim Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale ................. Seconder 0 ....................,..................,................ ❑ ❑ ❑ ❑ Tabled Angela Bettina ...................... Voter............ D .... .... ❑ ... .... El........ ❑ ... El Withdrawn Christopher Phillips Voter.............(✓7...... ❑..... ❑ .... ❑..... Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-165 Resolution Authorizing Settlement of the Tax Certiorari Proceeding In the Matter of the Application of Pie -Shaped Development Corp C/O Outback Steakhouse #3354 WHEREAS, the Town of Wappinger is a parry respondent in a certain tax certiorari proceeding entitled Pie -Shaped Development Corp CIO Outback Steakhouse #3354 v. Board of Assessment Review and/or Assessor of the Town of Wappinger and The Town of Wappinger, Dutchess County, New York, currently pending in the Supreme Court, State of New York, County of Dutchess, in which the total assessed valuation of certain real property located in the Town of Wappinger, New York and designated as Tax Map No. 6158-04-623038 on the official assessment map of the Town of Wappinger for the 2022, 2023, and 2024 Assessment Roll are being contested; and WHEREAS, the Assessor of the Town of Wappinger and the Petitioner have agreed to settle the proceeding; and WHEREAS, the parties agree to reduce the assessed valuation as follows: Assessment Year Current Assessment Proposed Assessment 2022 $1,777,200.00 $1,777,200.00 2023 $1,777,200.00 $1,777,200.00 2024 $1,866,100.00 $1,700,000.00 WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Town Special Districts based on the reduction of the 2022, 2023, and 2024 Assessments, if any; and WHEREAS, the Town Assessor and Town Counsel have recommended that the Town Board accept the settlement proposal as set forth above. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby approves and ratifies the settlement of the above-described proceeding as recommended by the Town Assessor. Town of Wappinger Page 11 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 2. The Town Board hereby authorizes the Town Supervisor, Hogan, Rossi & Liguori, as Town Attorney, and/or the Town Assessor to execute any and all documents necessary to give effect to this resolution The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2024-165 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter .......... a ................ o ............... El ................ ........ ❑ Defeated Williain H. Beale .... Seconder ................. El ....... ..... ❑ ....... ..... ❑ ....... ❑ ....... .. ❑ Tabled Angela Bettina .Voter....,...... D .... ❑ ... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips Voter 0 ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-166 Resolution Authorizing Settlement of the Tax Certiorari Proceeding In the Matter of the Application of Wappingers Falls LLC WHEREAS, the Town of Wappinger is a party respondent in a certain tax certiorari proceeding entitled In the Matter of the Application of Wappingers Falls LLC v. The Assessor, The Board of Assessors and the Board of Assessment Review of the Town of Wappinger and the Town of Wappinger, currently pending in the Supreme Court, State of New York, County of Dutchess, in which the total assessed valuation of certain real property located in the Town of Wappinger, New York and designated as Tax Map Nos. 6056-2-590610, 6056-2-506726, 6056-2-621570, and 6056-2-540718 on the official assessment map of the Town of Wappinger for the 2023 and 2024 Assessment Roll are being contested; and WHEREAS, the Assessor of the Town of Wappinger and the Petitioner have agreed to settle the proceeding; and WHEREAS, the parties agree to reduce the assessed valuation of Tax Map No. 6056-2-590610 as follows: Assessment Year 2023 2024 Current Assessment $475,400.00 $475,400.00 Proposed Assessment $354,980.00 $354,980.00 WHEREAS, the parties agree to reduce the assessed valuation of Tax Map No. 6056-2-506726 as follows: Assessment Year Current Assessment Proposed Assessment 2023 $181,400.00 $135,450.00 2024 $181,400.00 $135,450.00 Town of Wappinger Page 12 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 WHEREAS, the parties agree to reduce the assessed valuation of Tax Map No. 6056-2-621570 as follows: Assessment Year Current Assessment Proposed Assessment 2023 $143,800.00 $107,380.00 2024 $143,800.00 $107,380.00 WHEREAS, the parties agree to reduce the assessed valuation of Tax Map No. 6056-2-540718 as follows: Assessment Year Current Assessment Proposed Assessment 2023 $69,900.00 $17,710.00 2024 $69,900.00 $17,710.00 WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Town Special Districts based on the reduction of the 2023, and 2024 Assessments, if any; and WHEREAS, the Town Assessor and Town Counsel have recommended that the Town Board accept the settlement proposal as set forth above. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby approves and ratifies the settlement of the above-described proceeding as recommended by the Town Assessor. 2. The Town Board hereby authorizes the Town Supervisor, Hogan, Rossi & Liguori, as Town Attorney, and/or the Town Assessor to execute any and all documents necessary to give effect to this resolution The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2024-166 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter 0 ❑ ❑ ❑ ❑ DefeatedWilliain H. Beale ................. Seconder El ❑ El ❑ Tabled Angela Bettina ...................... Voter............ D .... .... ❑ ... .... El........ ❑ ... El Withdrawn Christopher Phillips Voter.............(✓7...... ❑..... ❑ .... ❑..... Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-171 Resolution Authorizing The Termination Of A Town Of Wappinger Employee BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the termination of Employee # 9787, effective August 13, 2024. Town of Wappinger Page 13 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the calculation and payment due to this employee in accordance with the Town of Wappinger Personnel Policy/Manual. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2024-171 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter 0 ❑ ❑ ❑ ❑ DefeatedWilliain H. Beale ................. Seconder El ❑ El ❑ Tabled Angela Bettina ...................... Voter............ D .... .... ❑ ... .... El........ ❑ ... El Withdrawn Christopher Phillips Voter.............(✓7...... ❑..... ❑ .... ❑..... Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 X. Non -Consent The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-173 Resolution Authorizing The Lease Of The Carnwath Manor And Portion Of The Carnwath Chapel WHEREAS, the Town of Wappinger owns 99.5 acres of real property on Wheeler Hill Road known as Carnwath Farms Historic Site & Park (Carnwath Farms); and WHEREAS, the Town prepared a comprehensive master plan for the development of Carnwath Farms; and WHEREAS, the Carnwath Farms Master Plan was adopted bythe Town Board on October 15, 2007, and calls for the adaptive reuse of the Carnwath Farms property including a boutique hotel, restaurants, event spaces, cultural spaces, museums, and other related activities through public- private partnerships; and WHEREAS, Carnwath Farms contains a number of buildings, including an 1850 pre -restoration Victorian era 3 story Italianate former residence known as the "Carnwath Manor" and a 1950 two story former Chapel; and WHEREAS, the Carnwath Manor has entered into a state of disrepair following early investments made by the Town as costs are far too high for the Town to consider as the structure serves no governmental, quasi -governmental, non-profit, and charitable purposes; and WHEREAS, the Carnwath Manor is no longer a functioning building and has long satvacant for over two decades and has fallen into a state of disrepair and is otherwise suitable for use by a third -party public-private partnership as called for in the adopted Carnwath Farms Master Plan; and WHEREAS, the Chapel is no longer a functioning building and is vacant with no present governmental purposes and is otherwise suitable for use by a third -party public-private partnership as called for in the adopted Carnwath Farms Master Plan; and WHEREAS, Carnwath Farms Lane LLC, has requested permission from the Town Board to lease the Carnwath Manor and a portion of the Chapel for the purposes of operating a boutique style hotel, cafe, and event space; and WHEREAS, the Town Board hereby determines that the proposal to lease the Carnwath Manor and a portion of the Chapel for the purposes of operating a boutique style hotel, cafe, and Town of Wappinger Page 14 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 event space at Carnwath Farms is consistent with the uses and objectives outlined in the adopted comprehensive master plan for Carnwath Farms and that the lease the Carnwath Manor and a portion of the Chapel to be occupied by Carnwath Farms LLC is not otherwise needed for other governmental purposes of the Town; and WHEREAS, the TENANT may upon written request of the LANDLORD, rent and utilize the public retained spaces of Carnwath Farms Historic Site & Park separate from the portion of Carnwath Farms Historic Site & Park for additional fees that are outlined in this agreement; and WHEREAS, the LANDLORD has agreed to lease the Carnwath Manor and a portion of the Chapel for the purposes of operating a boutique style hotel, caf6, and event space to the TENANT in accordance with the terms set forth herein. NOW, THEREFORE, the Town Board of the Town of Wappinger does hereby approve and that Town Supervisor Joseph D. Cavaccini is hereby authorized and directed to execute the above- described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney." The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2024-173 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedJoseph,13. Cavaccini Voter 0 ❑ ❑ ❑ El Defeated William H. Beale ..........................Voter ... D...... ❑..... ❑...... ❑ .... 0 Tabled AngelaBetina............................oter.... t V ............ D .......... ..................❑...... ❑ .....❑........ ❑ Withdrawn Christopher Phillips Mover 0 ❑ ❑ ❑ Next: 9/9/24 7:00 PM Al Casella Seconder ........(✓7...... ❑..... ❑...... ❑ 11 .... Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Tabled. RESOLUTION: 2024-167 Resolution Authorizing The Use Of Electronic Mail For The Purpose Of Presenting Proposed Local Laws To The Town Board WHEREAS, the use of e-mail (collectively, Electronic Means) is conventional in today's workplace, and WHEREAS, NY Consolidated Laws, MHR § 20(4) defines Electronic Means as any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmission and which: allows the recipient to reproduce the information transmitted in a tangible medium of expression; and does not permit additions, deletions or other changes to be made without leaving an adequate record thereof, and WHEREAS, electronic means provides an effective and efficient process in transmitting information, and WHEREAS, NYS Technology Law § 305 provides that government entities are authorized and empowered to produce, receive, accept, acquire, record, file, transmit, forward, and store information by use of electronic means, and Town of Wappinger Page 15 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 WHEREAS, NY Consolidated Laws MHR § 20(4)(c) further provides that a proposed local law presented to the board members may be "e-mailed to the e-mail inbox of each of them in the Portable Document Format (PDF) at least ten calendar days, exclusive of Sunday, prior to its final passage, provided that (i) the local government has documented that each member of the legislative body has an e-mail address, (ii) the local government has published such e-mail address on the bulletin board of the local government clerk, and (iii) the legislative body has unanimously adopted a resolution authorizing such electronic delivery, and WHEREAS, the Town Supervisor has certified the necessity for the passage of said local law by the affirmative vote of two-thirds of the total voting power of the Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby adopts the RESOLUTION AUTHORIZING THE USE OF ELECTRONIC MAIL FOR THE PURPOSE OF PRESENTING PROPOSED LOCAL LAWS TO THE TOWN BOARD. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2024-167 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter0 ..D...... ❑ ............. El El Defeated William H. Beale ................. Mover...,.... ❑ El.. ❑ .. ❑ Tabled Angela Bettina Seconder D ❑ El❑ El Withdrawn Christopher Phillip ........s Voter 0 ❑ ❑ ❑ Al Casella Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-168 Resolution Authorizing The Execution Of An Agreement Between The Town Of Wappinger And The Wappinger United Soccer Club WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Wappinger United Soccer Club provide a program of soccer activities for the boys and girls of the community, and WHEREAS, the soccer programs of the Wappinger United Soccer Club are provided at the Airport Park Soccer Complex and the Rockingham Park Soccer Complex owned by the Town of Wappinger, and WHEREAS, the Wappinger United Soccer Club has assisted the Town of Wappinger in maintaining the soccer fields and facilities on which its teams play, and Town of Wappinger Page 16 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 WHEREAS, Town Supervisor Joseph D. Cavaccini, the Director of Recreation, and the Supervisor of Buildings and Grounds, has negotiated the terms of a proposed Service Agreement with the Wappinger United Soccer Club, a copy of which is attached hereto, and WHEREAS, the Town Board acknowledges the very successful program the Wappinger United Soccer Club has administered for the last 40 years or so, including successful programs with Major League Soccer clubs and homegrown Wappinger resident and Captain of the United States Soccer Team Tyler Adams and wishes to continue having the Wappinger United Soccer Club provide soccer activities for the boys and girls of the Town of Wappinger, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has had with the Wappinger United Soccer Club over the last 40 years or so; and The Town Board hereby authorizes Town Supervisor Joseph D. Cavaccini to execute said Service Agreement with the Wappinger United Soccer Club in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the amount budgeted for Fiscal Year 2024 for Wappinger United Soccer Club upon execution and delivery of the agreement. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-168 Yes/Aye No/Nay Abstain Absent D Adopted " El Adopted as Amended Joseph D Cavaccini Voter o o ❑ ... ................ o ...... El Defeated William H. Beale„ ... Voter D ❑ ❑ ❑ El Tabled Angela Bettina......................Voter.onder...,........(✓7...... ❑..... El.... ❑..... El Withdrawn ChrisPhillip topher s Sec D ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-169 Resolution Appointing Recreation Assistant In The Parks And Recreation Department WHEREAS, the position of Recreation Assistant is established on the Civil Service Roster for the Town of Wappinger, and WHEREAS, the Recreation Assistantjob tittle is in the Labor Class underthe Civil Service Rules of Dutchess County Human Resources with no minimum qualifications, and WHEREAS, the position of Recreation Assistant is within the bargaining unit covered bythe Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"); and WHEREAS, the vacant Recreation Assistant position includes duties such as office management, planning, and resident interfacing, and WHEREAS, the intention to fill the vacancy has been posted in accordance with the CBA, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Katie Sterk to the full-time civil service title Recreation Assistant, effective August 19, 2024. Town of Wappinger Page 17 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 2. The 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. 3. The Office of the Town Comptroller, Personnel Division shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. 4. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. 5. Compensation for the Recreation Assistant shall be at a rate of $25.83 per hour and paid in accordance with the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2024-169 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter ................. a ................ o ............... El ................ o ........ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder 0 ❑ El❑ El Withdrawn Christopher Phillips Voter „ 0 ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-170 Resolution Authorizing Repairing Damaged Electrical Utilities At Martz Field WHEREAS, on Friday, August 9, 2024, a severe storm passed through the Town of Wappinger, and WHEREAS, following the storm it was found that a utility pole housing an electrical panel for the pickleball light towers was severely rotted and dangerously leaning, and WHEREAS, the Assistant Supervisor of Buildings of Buildings and Grounds took actions to contact Central Hudson, cut the electric to the utility panel, and safely remove the pole, and WHEREAS, it was determined that burying the utilities underground would be more cost effective rather than purchasing a new utility pole and having above ground electric servicing the pickleball court light towers, and WHEREAS, the Town of Wappinger Department of Buildings and Grounds anticipates completing the site work in house but recommends the retention of a certified electrician to complete the electrical reconnection, and NOW THEREFORE BE IT RESOLVED, as follows: 1. The Town Board has selected the proposal of Field Electric, Inc. and authorizes the improvements to be made by Field Electric, Inc. in the amount of $6,758.00 and in accordance with the terms of the proposal attached. 2. The Town Board hereby authorizes Town Supervisor Joseph D. Cavaccini to execute any and all contract documents on behalf of the Town. 3. Appropriation for this contract shall be made from Unallocated B -Fund Balance and the Town Comptroller shall amend the budget accordingly. Town of Wappinger Page 18 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 4. Payment shall be made upon vouchers reviewed and approved as required by law. 5. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Yes/Aye No/Nay Abstain ✓ Vote Record - Resolution RES -2024-170 D Adopted D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. Cavaccini„ Voter 0 ..D...... ❑ ❑ ❑ ❑ Defeated Willi am H. Beale........................Voter....,.... .............. ....... ..... ❑......,...... ................ ❑ .. ...... ................ ❑ .. .. El Tabled Angela Bettina Voter ... ,....... D .... ❑ ... ❑ ........ ❑ ... ❑ Withdrawn Christopher Phillips Seconder D ❑ ❑ ❑ ❑ Al Casella Mover El ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-172 Resolution Authorizing CAMO Pollution Control, Inc. To Purchase A Replacement Generator WHEREAS, on Sunday, June 30, 2024, an intense thunderstorm swept through the Town of Wappinger causing power outages throughout the town particularly the Cedar Hill area was severely hit causing extensive outages, and WHEREAS, the Town of Wappinger owns the Cedar Hill Sewer Pump Station which services a portion of the United Wappinger Sewer District, and WHEREAS, the Town's water and sewer infrastructure operator, CAMO Pollution Control, Inc. has recommended a new diesel generator to service the Cedar Hill Sewer Pump Station, and NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board hereby authorizes CAMO Pollution Control, Inc. to move forward with the acquisition and installation of a new diesel generator for the amount not to exceed $28,200.00 out of United Wappinger Sewer District fund balance and directs the Town Supervisor to execute any and all contract documents on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2024-172 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted Adopted as Amended e_4,13 .. Cavaccini Voter a o ❑" o ❑ Defeated William H. Beale Seconder D ❑ ... .... El.... ... ❑ ... El Tabled Angela Bettina Voter....,...... El .... ❑ ... ❑ .... ❑ ... ElWithdrawn Christopher Phillips Mover D ❑ ❑ ❑ Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 19 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 RESOLUTION: 2024-163 Resolution Appointing Full Time Automotive Mechanic In The Buildings And Grounds Department WHEREAS, the Buildings and Grounds Department currently has a number of small engine vehicles and equipment used in the daily function of Town government that need to be regularly serviced and maintained by skilled individuals, and WHEREAS, there is currently no position to service the required daily maintenance of the capital assets of the Buildings and Grounds Department as was previously proposed and removed from the 2024 Town Budget, and WHEREAS, the Assistant Supervisor of Buildings and Grounds, Senior Highway Department Mechanic, Personnel Administrator participated in interviews and recommends the appointment of Leonardo Santucci Jr., and WHEREAS, the full time Automotive Mechanic position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full time Maintenance Mechanic position is not subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA") as the title is not included in the CBA, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Leonardo Santucci, Jr. as Automotive Mechanic, effective August 14, 2024, who shall be compensated at the rate of $32.63 per hour which shall be paid in weekly installments. 2. The above appointments are 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. 3. The above appointments are subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2024-163 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter ................. a ................ o ............... El ................ o ........ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled An gela Bettina Voter.... ............... D .... ❑ ... ❑ .... ❑ ... El Christopher Phillips Seconder 0 ❑ El❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 19, 2024 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 20 Printed 9/5/2024 Regular Meeting Minutes August 19, 2024 XI. Items for Special Consideration/New Business XII. Executive Session and Adjournment 1. Motion To: Enter Executive Session and Adjourn Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 8:00 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Town of Wappinger Page 21 Printed 9/5/2024 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: 7-25-24 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. 2 of the year 2024 A local law entitled "A Local Law 2 of the year 2024 for the Purpose of Amending Chapter 217, Subdivision of Land, of the Town Code with Respect to a Variety of Definitions." 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. 2 OF THE YEAR 2024 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. 2 of 2024, for the Purpose of Amending Chapter 217, Zoning, 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 update and amend 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 217, Zoning Items in III.: III ue were suggested by CPL Engineering, Items in Red are additions, Items in are deletions from existing code. 1. Section 217-9 Definitions, shall be amended to read as follows: § 217-9(a), Word usage. 1. Except where specifically defined herein, all words in this chapter shall carry their customary meanings. 2. The word °"slh 11"lis aWays imarrd tory. The word "may" lis aWays Itueirimisslive. The phrase "used fair" Iiirriclludes °" iris irr ed t6r," "de§grred t6r," "lirrrteirrided t6r," "imairrrt limed fair" ard °"occuIpu ed fbr." § 217-9 (b). Definitions. APPLICANT, SUBDIVIDER -- Any person, firm, corporation, partnership, association or other entity who or which shall lay out any subdivision or re -subdivision, or part thereof, either on behalf of himself or for another or others. ATTORNEY or TOWN ATTORNEY -- The Attorney of the Town of Wappinger. BULDI G CODE -- The official New "fork State Uniform (Fire Prevention and Building Code as adopted by the Town Board, together with any and all amendments thereto. BULDI G PERMIT -- An application form for a building permit or use permit obtainable from the Building Inspector or his or her appointed assistant. CERTIIFICATE CIF CCCUPA CY -- A permit to occupy and use a building. C L.ttST IES II\ II I G ---- slh ll ll it e irri a sUddlivlislio rri Itull t or Itull ts, li irri wlhi ch the appll tic Idlle zorlrg o r6 rri irrice may Ide it o6 iced wheat lis aI1owed to Ituirovlide cirri aIterraflve Itueirmlitted imethod fair the Il you t, 2 corifiguraflori aurid de§gri of Ilots, bUl6rgs aurid structures, iroads, ufllllty Iliiirries aurid other rifrastructure, parks, aurid Ilardscaprg as its what its IlegalIy ireqUiired Wthri the towri code liirri order to preserve the inahjira ll aurid scerlc quallifles of operi Ilards provl6rg lit its liirri a zore that permis lits use. COLLECTOR ROAD see als(-) "STRREET, COLLEC'JOR" ---. IIs a Courty RRoad OrIy. The purpose of a Co�Iector R\oad/Street is to carry traffic from Town or State RRoads to various parts of the town and is designated as such in the comprehensive plan P 65. CONCEPTUAL SUBDVGON PLAN .— A conceptual sketch made on a topographic survey map, showing the proposed subdivision in relation to existing conditions and with reference to the minimum lot and area requirements of the zoning district in which the property is located including proposed lot counts, layout and provisions for water and sewer systems. Reference 217-11. CONCEPTUAL SUBDVGON PLAN REVEW .— The review of a conceptual layout of a proposed subdivision by the Town and Planning Board. The review does not ensure that the proposed subdivision meets the minimum lot and area requirements. This is the responsibility of the applicant. A conceptual review determination shall not relieve the person from the responsibility of obtaining any required permits and shall be contingent upon the submission of such detailed plans, specifications and information as may be required for permit applications. A conceptual review determination shall remain in effect indefinitely for the proposed business under -talking, project, or activity as described in the master application and any additional information submitted as part of the conceptual review, provided, however, that if new permit requirements or related standards, over which a state agency has no control or discretion in establishing the effective date thereof, subsequently become effective, such new permit requirements or standards shall not be considered to have been part of the conceptual review determination.. CURB .— A low barrier usually along the pavement line of a street, road or highway, con -trolling surface drainage and separating vehicular areas from pedestrian and/or landscaping areas. DISTURBANCE .– All land preparation activities involving the movement, placement, removal, -transfer or shifting of -trees, soil and/or vegetation, including, but not limited to, clearing, draining, -filling, grading, regrading or the building of structures or the placement of improvements on land, including the construction of individual sidewallks, paths, roads or driveways. The condition of land disturbance shall be deemed to continue until the area of disturbance is returned to its original state or to a state complying with a permit for such disturbance granted in accordance with this chapter. EASEMENT — A recorded acquired right of use on the property of another. Authorlzaflori Iby a property owrier for the use, Iby rother aurid for a specifled Ilpurllpose, of ary de§grated part of his property. ENGINEER or TOWN ENGINEER .— The duly designated engineer of the Town of Wappinger or the Superintendent of Highways, or the consultant or engineer employed by or assigned to the Planning Board. EN(31IIES IES FRI TO -FHE TOWN The IEirrigiirrieeir to the Town of Wapprger, INew York as a nori -empoyee cortracted from cirri exterr4l f iirm. IFI AL PLAT .— A drawing prepared by a New Yorlk State licensed professional engineer or land surveyor (with appropriate certification), in a manner prescribed by this chapter, showing a proposed subdivision and containing, in such additional detail as shall be provided by these 3 regulations, all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved and which, if approved, may be -filed or recorded by the owner in the Office of the Dutchess County Clerk. GRADlNG —The alteration of the surface or subsurface conditions of land, lalkes, ponds or watercourses by excavation or -filling to a depth greater than six inches. INTERIOR LOT .— A lot enclosed on all sides by other lots and not abutting a public street. LAND DEVELOPMENT ACTIVffY - Construction activity, including -tree removal, clearing, grading, excavating, soil disturbance or placement of -fill that results in any land disturbance, or activities disturbance land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may talke place at different -times on different schedules. LOT — Land, not divided by streets, that is occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by Chapter 240 for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land. 1...01 1 N[." I:.R[."VISI&N, I...0 1" 1 1 IN A IM IN IM IN 1 .. ......... A charige iiia the Iloc aflori of a bouridary Ibetweeiri two or irnore hots Wthri a Ipreviiou §y approved Ipat, filed liiri the . )utchess Courity Gerk's Office. U:::111::.::.N SII:::IACII::.::.I .............. See Open Space Chapter 24.0....5 01 N[:."[.R 1"he owner of record of a tract or Ilan 6, the subdlV§ori of WNch reqUres approval of the 13oard, or a Ipeirsoiri or Ipersoiris Ihcflldiiirig ari opflori to Ipuirclhase a tract or Ilan 6, coriflrigerit orfly upori irecelilpt of 13oard approval of a Iprolposed subdlV§ori ofsuch tract or parc6. 1"he owner irnay be represerited by a dually authorized agerit or irelpreseiritaflve iiia the corlduct of bu§riess before the 1:3oard, except iiia those iiiristarices spe6fed Ihereafter that reqUre the appeararice of the owner "ri Ipeirsoiri. f:)A[.RGI::."I ... ......... Iparcell of Ilarid IlegaIy iiia existerice ori the effecfive date of ths chapter. IFor purposes of ths chapter, the Il, arerit Iparcell sha�I be deerned to be that Ilot, Iparcell or tract c)land owned by the Ipeirsoiri or Ipersoiris as showri ori the records of the 'Fowri of WappirigerAssessor's Office as of the effecfive date of ths chapter. I::)I_A'1 .. ........ � 1"he fr4irnap, draWrig or chart ori WNch the subdiVder's Ipllari of subdlV§ori its Ipreseirited to the 13oard for approval and WNch, iif approved, WlI be subrntted to the Courity Gerk for recordirig (See §§ 276, 277, 278, 279 and 280--a of the 'Fowri I aw of the State of Iw York). I_AY0LJ1 .. ......... Iprellliirnliiriary draWrig shc)Wrig the Iprolposed Ilayout of a subdlV§ori WNch lis subrnteed to the oard for lits cori§deraflori and coridifior4approva. I::)I_A'1 .. ......... A draW'rig Iprelpared iiia the irnariirier Iprescriibed iiia ths chapter shc)Wrig the ayout of a Iprolposed subdlV§ori, iii riclludiiirig, Ibut snot irestirlicted to, iroad and Ilot Ilayout and approxlrnate dirnerisioris, Ikey Ipllari, topography and dr4riage, aII Iprolposed fa6llifies, iii rlclludiiirlg pr6irniriary Ipllaris and profles, at s6table scae and liiri such detalill as ths chapter irectUiires. 2 A11)11)[-ROVAI_ 1"he approval of a Iproll osed subdlV§ori as set forth lila a pr6lrnlriary Ipw at, Ibut subject to the approval of the fr4Ipl�at lilru accordarice with the Iprovii&ioris of ths chapter. 1:.R0A[)WAY .'"he Iportlioru of the street which iis Il aved and ordlriarily used for v6NcUar traffic (aIso see "street"). .. ......... A way for v6NcUar traffic, whether de§griated as a street, INigIhway, throughway, thoroughfare, aver e, boUevard, road, Iparlkw ay, Iriig ht..of..way, Ilaruo, Ipllace or court or Ihow ever ruler se de§griated. An exsJrig IpUbllc way which affordspriridpa�l Irnearis of access to abuttirig properfies and iis s0tably iilrnproved�; or a Iproll osed access way showri ori a Ipl�at approved Iby a�1 approprlate offd4agerides. An existing state, county or Town road or highway, a street shown upon a plat approved by the Planning Board or a street shown on a plat duly filed and recorded in the office of the County Clerk. 1"hose streets that are used pr�rnar��y for fast or heavy traffic travelling at 55 mph. 1:3LJS1N[SS or N[)LJS1']:.R1A1..... A street whIch serves or IIs de§gried to serve as access to abutJrig bu&"riess, cornrnerd4or iilrudu stri4Iproperfies. STREET, COLLECTOR —see als(-) "C"OLLECKYR ROADS" Are County RRoads Gny which carry traffic from Town or State RRoads to various parts of the town wid iis de§g1nated as such lilr7l the Fown Colmpr hiclr7l§v II Iwii STREET, DEAD-END or CULS-DE-SAC — Those streets which are closed to traffic at one end. STREET, LOCAL – Town Roads, i.e. those streets which are used Gny for access to the abutting properties wid sh41 Inot Ib e used to devflop wid access future sub-6V§olns or extelnd exJsfl�ng sub- 6V§olns. 1_1N[:. .. ......... 1"he (JlVdlrig Illilrio Ibotweeri the street rlght..of..way and a Ilot. II A,.J0[-R-- See [)efrilfiori Street ccfl1ector and Ccfl1ector Road STREET RIGHT-OF-WAY WIDTH — The width of the right-of-way or the distance between property lines, on opposite sides of a street or at right angles to the center line of the street. SLJ[3[)1V1S1011N 1"he (JlV§ori of ariy Iparc6o of Ilarid lilrito two or Irnoro hots, pk)ts, §tes or other (JlV§ori of Ilarid, with or without streets, for the Ipulrll ose of lilrnrnedliato or future sae or bUkJirlg devek)prnerft, 'FOWN AN, II AS1']::.[.R AIN, C 0 1M 1:.R I [:.`NS1V[:.` I)I_AN -See 40.5 "he Cornpreheri§ve l::)lari that was adopted lilru 2010 that iidolrutiifiiod the gc4s, objecfives, Ipriilrudillw es, gukJ6iries, and Ipcflides for the lilrnrnedliato and Ilorig..lrarige Iprotecfiioru, eriharicernerit, growth and devek)prneritofthe "Fowri. 1:.Rescflufioris to arnerid ths l::)lari or parts of ths l::)lari Irnust precede chariges to zorllrlg. 5 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.) 08124 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. 3 of the year 2024 A local law entitled "A Local Law No. 3 Of 2024 Which Would Amend Chapters 85, 213, 214, and 240 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning" 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. 3 OF THE YEAR 2024 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. 3 of 2024, for the Purpose of Amending Chapters 240, 85, 213, and 214 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning" Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and Chapters 240, 85, 213, and 214 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning". 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 240-5, 240-18, 240-19, 240-20, 240-52, 240-79, 240-81.9, 85-18, 213-3, and 214-2 (items in Black reflect existing code that have not changed) Section 240-5 shall add, clarify, and/or amend definitions in red ONLY: § 240-5 Definitions. As used in this chapter, the following terms shall have the meanings indicated: Bf llllf.lf' JRIJE I1.0 r' -- lot Ilhaving a Ilbuildable area capable of accoiatmodafliiing Il proposed principal and accessory Improvements, and liIncluding, Where iirequired, an on-sitewater supply facility and sewage treafimein't system that imeet the standards of the If' ut6hess County Department airtmeint of 16-lealllfllh A buildable Illot sllhallllll also adjoin and Ilhave accessto an Improved street Bf llllf.lf' JRIJE IllEI11 --- °°f°he number of Ilpotential Ilbuilding Illots or the imaximum unit density for a Il proposed subdivision after deduction of constrained Illand areas and Ilpublic Improvements on the Ilparent Ilparcel and the iminimum yard, area and Ilbulk iirequirements for each Il proposed lot Ilhave Ilbeen imet Clf.f S"°f°IERIIIINC --- sllhallllll imean a subdivision Il plat or Il plats, In Whl6h the applicable llliiicalblle oiniiing ordinance imay Ilhe imodiiifled What Is allowed to Ilprovide an alternative Ilpermitted imefhod forfhe layout, configuration and design of Illots, Ilbuildings and structures, iiroads, utility Illiiines and otlheir Infrastructure, Il auks, and Illandscaping as Is What Is legally iirequired ifllhlln thetown code /titan orderto Ilpreserve the natural and scenic quallliiitles of open Illands Ilproviding It Is /titan a zone that Ilpermits Its use, CONSTRAINED LAND Constrained land e ns land is not capable of beingdeveloped ec use it is constrained y demonstrable physical constraints inclu in watercourse r versin r erty, planning 2 scheme requirements including en space buffer to main roads, land required e transferred to Cuncil for public park or community facilities; constructed or required infrastructure including ower line easement, in road or trunk infrastructure requirement. The above constraints o not extend any matters required s part of the development, including u not limited e construction streets, footpaths, pathways, stormwater drainage, c r rs, pumping stations rte provision of drainage reserves. OFFICIAL MAP A map, adopted by the Town Board in accordance with the provisions of § 270 of the Town Law, showing streets, highways and parks theretofore laid out, adopted and estabIliislhed by llaw and any amendments thereto adopted by the "'I "'own 11:.;oard our addliitliions thereto uresullltliing from all 11 iirovalll of subdliivliisliion 11 Illats by the 11:::Nlannliing 11:.;oard and the sulbseguent fliil111iing ofsuch approved 11 Illats Drainage systems may also be shown on this map. GPEN 1511) CIF' or GPEN AREA Any area or space characterized by natural scenic beauty or whose existing openness, natural condition or present state of use enhances the present or potential value of abutting or surrounding development or maintains or enhances the conservation of natural or scenic resources as expressed In the r'own of Wappinger Coaiprelheinsilve IPllain, For purposes of this section, natural resources shall include but not be limited to agricultural lands used or possessing the potential for use in bona fide agricultural production, imature forest, and scenic aiireas, , 1""Ihe teiirirs slhallllll not iiInclude wetlands, wetland buffers, easements, screening or uffeiiriiiing, It also sllhallllll not iiInclude Illand that is (l paved, Illand used for storage, Ilparking or circulation of automobiles or occulpled IIIby any structure unless suclh structure served the agricultural, scenic, iirecreational or otllheiir open space use or einllhainces access thereto and use thereof An open space sllhallllll not Ile Just Illand ""eft over" (because of Its uinsulltall liilllliity for develllolpmeint, I uclh areas sllhallllll eincoial ass Illand Ilhavii"ng imeaningful ecological, aesthetic and recreational clhaiiracteiiriiistiiics iitlh access, sllhall e, dimensions, Illocation, 'toll ogiiralplhy aind nature and extent of Improvements aeints suiltalblle, In flhe opinion of the °"1r'owin IBoard and the °"1r'owin Planning IBoard for the Intended Il purposes SMOKE f' IKE f' II 1 IF' I1-101' n estall lllllslhi aeint Il primarily engaged In the iiretallll sale of toll acco, tobacco Ilproducts, or tobacco II paiirapheiirinallllla, electronic smoking devices, liquid in1cotiiine containers or vapor Ilproducts A use sllhallllll Ilse defined as a smoke or vane slhop IIIby considering factors suclh as the Il proportion of Floor area dedicated to the display or sale of said Ilproducts, the Il proportion of total iirevenue derived fiiroini said Ilproducts, and the overall imarketing or branding of the estall lllilslhi aeint, WETLAND, WATERBODY, or WATERCOURSE Around every regulated wetland is a regulated adjacent area of 100 feet, which serves as offer area for the wetlands. The main provision of this is to regulate tse uses that would have an adverse impact n the wetland such s filling or draining. 3 Section 240-19 shall clarify B, add to section B(4), and add B(7): § 240-19 Modification of lot requirements. For the purposes set forth earlier in this chapter and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the Town Law. A. Average density subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 278 of the Town Law, at the request of the applicant, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district and that there shall not be a greater average density of population or cover of the land with buildings than is permitted in such district, and further provided that no lot shall have less than the minimum area and dimensions required for lots in the next less restrictive residential zoning district to the one in which the property is located. For the purpose of this section, average density shall be determined by the number of one -family residences which could be built under the zoning district standards in full conformity with the Town's Subdivision Regulations[1] and all other applicable requirements. The basis for determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property. [1] Editor's Note: See Ch. 217, Subdivision of Land. B. Cluster subdivisions. Pursuant to § 278 of the Town Law may by local law or ordinance, y authorize the Planning o r approve a cluster subdivision ONLY with respect lot area and dimensions upon such conditions as the Town Board may impose and provided that: (1) Such modifications result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities and preserve the natural and scenic qualities of open lands. (2) The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations,[2] the Dutchess County Department of Health Regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required by said Board. [2] Editor's Note: See Ch. 217, Subdivision of Land. 2 (3) The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located. (4) The dwelling units permitted may be detached, semidetached or attached structures, provided that there shall be no more than four dwelling units in any single structure and provided that It the subdivision Is not In conflict iitlh the Il provisions of the Master Plan and cnipllliiie iitlh existing r'ow m of Wappinger Zoning Codes for Whl6h the Ilparcel Is currently zoned, (5) In the event that some part of said subdivision plat includes land to be devoted to park, recreation or open space, the Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as deemed necessary by the Planning Board and such conditions shall be approved by the Town Board. (6) In addition to compliance with any special standards, requirements and procedures as set forth in this § 240-19B, cluster developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in office of the County Clerk, a copy shall be required to be filed with the Town Clerk, who shall make the appropriate notations and references thereto on the official copy of the Town Zoning Map. (7) °°t°IIhe II planning Il board, as a condition of any approval, imay e t ll lllilslh su6h conditions on the c firmer llhlll , use andmaintenance of su6h open lands sIhown on the Il plat Is ntee necessary to assure the Il preservation of the sinatural firm einiic qualitles of su6h open lands Phetown board imay require that su6h conditions Il be approved IIby the town Ilboardbefore the Il plat imay l e approved for filling t°IIhe Il provisions of this section sIhall isnot Il be deemeto autlhorlze Ihsir ge In the II permissible use of su6h land as provided In the zoning ordinanceorlocal IIlaw Il ll lllllcall lllc to sucli laiids aiidIliall isnot be iiIii coiafilict witli the Ilpi-ovlsloiis of flhc tc iiii' caiIpr6heiirm hive Il plan (3) AAlienation restricted °t°IIh `r'owrm IBoard of the ,r'ow m of iiin ¢sir i s not Illlii¢�in t¢� affirm IIII q ' � � 'iiirmteiiret liiiirm clleiirm spaces or open areas acquiredIIby It under the Il provisions of § 247 of the General Municipal Law of the State of INew York except upon the adoption of a local IIlaw IIby a majority Ilplus one of the ,r'ow m Board autfhorlzlng the allenation of said Interest, subject to mandatory iireferendum IIby the electors of the ,r'ow m of Wappinger, 5 Section 240-20 shall only amend Flag Lot Street Frontage width: § 240-20 Access and required street frontage. B. Flag and radial lots. A lot may derive its street frontage and access by means of a strip of land connecting the street and the main portion of the lot, provided that no portion of said access and frontage strip of land shall be less than:60 100 feet wide. This applies only to Flag Lots leading larger I is or interior land locked lots that would a used for sub -division purposes only. The front yard setback of such a flag lot shall be measured from the rear lot line of the lot between the flag lot and the street on which it has frontage. In the case of a lot with radial or angled side lot lines, the front yard setback shall be established where the lot meets the minimum lot width requirement when measured parallel to the street from which the lot derives access. Section 240-52 shall have paragraphs A and E restored and be amended to read as follows: § 240-52 Gasoline filling stations. c gasollne filling station sIhall Ilse litlhliiin 1,000 feet of the Ilboundary Illiiiine of any residence district or of any s6hool, 6hur6h, Ilpark, II playground, hospital, Ilpublic Illliill it it , Institution for dependents or 6hlldren or any place of Ilpublic assembly e iiigne for the simultaneous use of 100 Il persons or more, regardless of the district Where eiiitlheir Ilprenilses are Illocated, tB A. Fuel pumps and storage tank inlets shall be set back at least 25 and 15 feet, respectively, from the perimeter property lines of the site. Further, fuel pumps and storage tank inlets shall be located and oriented in such a manner as to prevent the stacking of vehicles into any road right-of-way and the blocking of any point of site ingress or egress. For the purposes of this section, canopies over commercial fuel pumps and filling areas shall be permitted to extend into the minimum required front yard for the district in which the property is located, but in no case shall any canopy be located within five feet of any lot line. C . All automobile parts, partially dismantled motor vehicles or similar articles shall be stored within a building. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced -in area in which such work is visually screened from all adjoining properties and roadways. In no case shall any vehicles awaiting service or repair work be stored outdoors for a period exceeding five days, unless such vehicles are entirely located within a fenced -in area and are visually screened from all adjoining properties and roadways. Body work, major structural repair or painting shall not be permitted. ff G, Use of a building for any residence or sleeping quarters shall not be permitted. 0 E , °°Phere sIhall Il be a minimum of 2,500 feet Ilbetween gasollne filling stations Section 240-79 shall add a section B(7): § 240-79 Tattoo parlors. A. Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well- being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of tattoo parlors in the Town. B. Standards. To help achieve the above -stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein. (1) Not more than one tattoo parlor shall be permitted on any lot. (2) No tattoo parlor shall be permitted on any lot which is located within 2,500 feet of any other lot containing a tattoo parlor. (3) No tattoo parlor shall be permitted in any building which is located within 400 feet of any residential zoning district. (4) No tattoo parlor shall be permitted in any building which is located within 400 feet of any lot on which there is located a school, day-care center, place of worship or other religious institution, community center, public park or playing field. (5) No tattoo parlor shall be permitted in any building which is used in whole or in part for residential purposes. No residential use shall be established in a building of which any part is used as a tattoo parlor. (6) Tattoo parlors shall comply with all other requirements of the Zoning Law as well as all applicable Town, county, state and federal laws and regulations. (7) r'attcc Ilparlors sIhall Il be allowed In I0, 7 Section 240-81.9 shall be added after 240-81.8: 240-81 Smoke Gr Vape 1 Ihcll Legislative iiiiirwteint °° Phe °°"ciin Board hereby liiiirw that certain business wctiiiiiitiiies, IIby their nature, Ihave serious objectionable ablle clperatiicinall 6haracteristics Whl6h can Ille to significant Impact on the surrounding community auiniity °° °Ilh ,'own IBoard further finds that Che uncontrolled proliferation of skh uses wouldIl be Inconsistent iiiflh the existing ewrwellcll w aeint and future plans for the ,'own of Wappinger In that they often iiresult In Influences on the community auiniit Ihiii6lh undermine the eccin wnilc, II IIhyslcall and social welfare of the ccniw auiniity Sklh use have Il been foun to contribute to the Ilbllglhtlng of surrounding residential and ccalw awerciiw 111 areas was a result of the iirelated Ilpotential for the undermining of the eccin wnilc and social welfare of the conimunity and IIby deterringliiiirwwrestmeint In and Improvement of surrounding irclpertiiies Sklh uses can adversely liImpact the general Iheallflh, safety and eccin wnilc well- being of the entire community auiniity li' urtlher, the Illocation of these uses imay Il be In areas Where c flh imay regularly assemble and the general atmos) lhere eiirwccnipassiiin their operation lIs of great concern to the ,'own IBoar , °°Phe Ilpurpose of this section lii to Ilprevent the unrestricted proliferation or cciirwcein'tratiion of skh businesses, to specifically lliiw slim and iireuce their potential ccesibilit to 6hliilll irein an to ensure that the effects of skh businesses will isnot adversely affect the Iheallflh, safety and eccin wnilcwell-being of the ccniw auiniit , IIby enacting criteria for the ectal lllilslhiw aeint of smoke or vape sIhqps In the ,'own, Standards , , nc Ihelp w 6hiiieve the above -stated oall an to Il ircamte the objectives of the ,'own CciwnIpr6heiirw hive IPlan, the granting of special IIpermit approval ll iirovall II the Planning IBoard Ilhall Il be subject to the following ii requirements In addition to the requirements of special IIpermit approval iirovall liIn § 240-44, herein ( I Not more than one smoke and or vape sIhqp sIhall Il be IIpermitted on any lot ( Inc smoke or vape sIhqp sIhall Il be IIpermitted on any lot Whl6h Is located liflhliiin 3,500 feet of any otlher Illot containing a smoke and or vape sIhqp, ( Inc smoke and or vape sIhqp sIhall Il be IIpermitted In anybuilding Whl6h Is located iflhliiin 400 feet of any residential dwelling ( Inc smoke and or vape sIhqp sIhall Il be IIpermitted In anybuilding Whl6h Is located iflhliiin 400 feet of any lot on Whl6h there Is located a sclhool, ay -care center, Il place of worslhlp or otlher religious liInstitution, conimunity center, Ilpublic Il ark or IIplaying fiiiwell , (5) Inc smoke and or vape sIhqp sIhall Il be IIpermitted In anybuilding Whl6h Is used In Whole or In Il art for residential Ilpurposes Inc residential use sIhall Il be establlslhed In abuilding of Whl6h any art Is used was a smoke and or vape sIhqp, ( Smoke and vape sIhqps sIhall ccnipl iiiflh all otlhwer requirements of the Zoning L was well was all applicable 'own, county, state and federal Illaws and regulations (7) Smoke and vape sIhqps, sIhall constitute iirwc w ore than 101% of the stores of Floor space. § 240-108, building permit fees: (a) [5] Compliance fee for structure or use for which no permit or CIO was obtained: [a]Commercial: $250, plus cost of building permit for structure/use. [b]II eiii entlall: I ase cost of Residential Building II' eiiri It for tructuire/use, [Amended 9-27-2010 by L.L. No. 3-2010[22]] [22] Editor's Note: This local law provided that the fees set forth therein would take effect retroactively as of 1-25-2010. [12] Remove stop -work order: [a]Commercial: $250. [b]II" elii eiirtlall I ew Construction Building II' erimlt for Structure: $250 [c]II" elii eiirtlall Existing tliiin Structure iiiflh Inc Building II' erirr It for Use: , [Added 8-8-2016 by L.L. No. 4-2016] [13] Legalization fee: [a]Commercial: $250. [b]II" eiii eiir tlall: [Added 8-8-2016 by L.L. No. 4-2016] Section 85-18 shall accurately reflect the amendments that were made to Local Law 3, 2023: 85-18 Building Permit Fees, alter to below. [15] Commercial Building Permit Renewal: [a] Base Ccatirraer iii 111 Permit Fee plus 10% of estimated project cost for first renewal. [b] Base Ccatirraer iii 111 Permit Fee plus 25% of estimated project cost for second renewal. [c] Base Ccatirraer iii 111 Permit Fee plus 50% of estimated project cost for third renewal. ['� Residential Building II' erirr It Renewal: [a"� IBase Residential II' erirr It Fee 9 Section 213-3 shall accurately reflect a clustered subdivision: § 213-3 Applicability. A. All land development activities, as such are defined in § 213-5 of this article, including, but not limited to, land development activities subject to review and approval by the Town Board, the Planning Board or the Zoning Board of Appeals of the Town under subdivision, site plan, special permit, wetland permit, grading permit and/or other environmental permit regulations, shall be reviewed subject to the standards contained in this chapter. B. It shall be unlawful for any person to engage in a land development activity, other than an exempt activity as defined in § 213-4, without a stormwater pollution prevention plan approved by the Stormwater Management Officer or other approving authority, as specified in Subsection C below. C. The Stormwater Management Officer shall accept, review and be the approving authority for all stormwater pollution prevention plans (SWPPP), except the approving authority for land use applications subject to approval under this Code shall be as follows: (1) Conventional subdivision. The Planning Board shall approve SWPPPs in connection with applications for conventional subdivisions under Chapter 217 in all districts. (2) Average density subdivision. The Planning Board shall approve SWPPPs in connection with applications for average density subdivisions pursuant to § 240-19A in all districts. (3) Clllusteur subdivision. The Town Board shall approve SWPPPs in connection with applications for clllusteur subdivisions pursuant to § 240-19B in all districts. (4) Mandatory open space subdivision. The Planning Board shall approve SWPPPs in connection with applications for mandatory open space subdivisions pursuant to § 240-19C in all districts. (5) Special permit uses. The Planning Board shall approve SWPPPs in connection with applications for special permit uses pursuant to Article VII of Chapter 240 in all districts, except in those cases where the Schedule of Use Regulations[1] designates the Town Board as the approving agency, in which case the Town Board shall approve the SWPPP. [1] Editor's Note: The Schedule of Use Regulations is included at the end of Ch. 240, Zoning. (6) Site development plans. The Planning Board shall approve SWPPPs in connection with site development plans pursuant to Article IX of Chapter 240 in all districts; the Architectural Review Board is designated as the Planning Board. (7) Planned unit developments. The Town Board shall approve SWPPPs in connection with applications for planned unit developments pursuant to § 240-39. (8) Designed Residential Development. The Town Board shall approve SWPPPs in connection with applications for Designed Residential Development pursuant to § 240-50 in all districts. 10 Section 214-2 shall add the definition for a CURB, & restated the definitions from Chapter 217: § 214-2 Definitions CURB --- llowbarrier usually alongthe IIpavement Illiiiiir e of a street, ciroad orIlhlgi lh , controlling surface drainage and separatingwr6hilcull it areas Marcia II pedestrian and/or Ill firm 11 iiia areas PUV P913913 JO=l Aep)ljoM piepuelS 6uiqsilqeIS3 uoilnioseN : 69�-VZOZ-53N) SVL�VZSN tZOZ:lu9wq:)BIIV E F> 15L E CE E -a i� cu 0 0 -2 0 n CD co "off. a. E:7; Q CL LL LC x LO 0 a) 17:5 a) (D a) CL E 0 CL Lu D a) (D -2 C(M m 73 0- > uj 0 El D El ui 1:1®® CD ct 0 LLJ > (D IS uj o E F> 15L E CE E -a i� cu 0 0 -2 0 n CD "off. 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PUV 113913913 J0=1 Aep)ljoM piepuelS 6uiqsilqBIS3 uoilnioseN : 69II,-tZ0Z-S3N) 9VLII,tZSN tZOZ:luawq:)Bllv n7tv 111111161111111111111.1161111116111111111111111] 11111111111111111111111 nvo,)); E �s CD ;E 0 U- o 0.0 C No 15Lcra4 Zi W Q E E M O�p -0 0 L) >5: 0 D (L V* 02 30 .v V c 0 o co U) 0 0. CL E o o o Ei o o o Ei 0 re /- r-) Fz �s CD 1:11:1 El ❑RID I p U -A 00 15Lcra4 Q E E -0 0 L) >5: ca (L V* 02 30 a) (D (D o E 1:11:1 El ❑RID I 00 (L V* a) (D (D E o o o Ei o o o Ei Ei o o ol o Ei o o o! o 16LD I= m L0 0 CD C) 0 0 0 U) 0 Qj c;N N w 0 co 00 (C) w w w (o rl- t- L0 1 I-- Lo C w U) C�1 CV N N CN' N la 4 4 4 I 4 4 4 C14 N N > Q) a) ry C/) o o x C) 0 CL 0. 0 ID 2 U) U) z 'EG Q) :3 c �F 0 Co 0) 0 0 c 75 -C a) M M a) 23 0 f: —0 0 a_ T U) .2 (D g0 0 .2 0 -cu 0 0 ry G C7 0 -C )- Q) CZ W 0 L- L - (D cu Z; m 0 0 w TENANCY AGREEMENT FOR CONNECTION TO THE UNITED WAPPINGER WATER DISTRICT THIS AGREEMENT made the day of August, 2024 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 Middlebush Road Wappingers Falls, New York 12590 AND CAITLYN AND JESSE SHELLOCK, Having an address of 30 Easter Road Wappingers Falls, New York 12590 hereinafter referred to as "Owner" WITNESSETH: WHEREAS, Owner is the fee simple owner of a parcel of approximately 1.9 acres of land located in the Town of Wappinger, County of Dutchess, State of New York having an address of 30 Easter Road, Wappingers Falls, NY and designated as Tax Parcel Grid Identification Number 6056- 01-216765 (the "Property'); and WHEREAS, the Property is more fully described by metes and bounds descriptions attached hereto as Exhibit "A"; and WHEREAS, the Property currently includes an existing one story single-family residence; and WHEREAS, through Article XII Mandatory Private Well Testing of the Town Code, the Owners have found significant levels of E -Coli present in the existing well that services this 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 the Circle Drive Right of Way 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 Town Board has determined that there is enough capacity to tie in properties with existing known structures on that parcel only, that would require a limited water supply; 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 Owner 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 Owner 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 Owner under this Agreement, the UWWD grants unto the Owner the right to connect to the water distribution facilities of the UWWD as provided by this Agreement. 3. CONSTRUCTION OF IMPROVEMENTS —Owner 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. 2 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; ii) Installation of the water improvements shall comply with all applicable statutes, regulations and rules adopted by Federal, State and Local jurisdictions including but not limited to: Part 5 of the Sanitary Code of the State of New York (10 NYCRR Chapter I, Part 5); iii) The water service connections shall be in conformance with the Town's Residential Water Connection Specifications. iv) 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 Owner shall be responsible to reimburse the Town for the reasonable costs of engineering review and inspection for this project, including post -completion review. C. NECESSARY PERMITS i) Owner 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 Behavioral and Community 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 Owner shall reimburse the Town for the costs of any such permits. iii) If necessary, the Owner shall apply for approval from the Dutchess County Department of Behavioral and Community Health within 30 days of the execution of this agreement. 4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water improvements constructed by the Owner shall be property of the Owner and the Owner 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 3 Owner 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 Owner, Owner shall make the necessary repairs immediately when they are discovered. If Owner 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 Owner shall pay the Town the restoration of service charge. B. Owner 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 Owner 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 Owner shall pay the Town the restoration of service charge. 5. COST OF IMPROVEMENTS —The cost of the improvements to be paid by the Owner shall include all costs necessary or incidental to the construction of the water services for connection of the Owner's property to the water distribution facilities of the UWWD. 6. INDEMNIFICATION — The water services to be constructed by the Owner will be constructed by it, or its agents, as an independent contractor. The Owner 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 Owner's actions or those of any agent, employee or subcontractor of the Owner. 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. Owner will hold UWWD and Town of Wappinger harmless from any claims for damage to the septic system on owner's property arising from the connection of owner's property to the UWWD as a tenant pursuant to this Agreement. 7. WATER RATES While this Agreement is in effect, the Owner, 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 Owner consents that unpaid water charges become liens on the Property and run with the land against the Owner's successors and or assigns. 4 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 lots herein described though the water improvements being constructed by Owner. This agreement permits the connection of one single family residence on the Property. The parties agree that no other parcel shall be allowed to connect to the water service line being constructed by the Owner 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 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 Owner 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 Owner; 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 Owner: 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 Owner 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 Owner'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 Owner 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 OWNER 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 Owner to challenge any governmental order or directive that Owner asserts is invalid or unreasonable, Owner shall comply in good faith with any governmental order or directive concerning the obligations of Owner under the terms of this Agreement. The following shall constitute grounds for early termination of this Agreement: A. If the Owner is not able to install the necessary water improvements this Agreement shall terminate upon notice to the Town of such fact. B. This Agreement shall terminate if Owner does not commence construction of the improvements within three years of the execution of this Agreement by both parties. C. The Owner 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 Owner 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 Owner 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. 6 13. TOWN CODE & WATER DISTRICT REGULATIONS The Owner 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 Owner'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. 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 a Type II action and is not subject to SEQRA review 17. BUY -IN FEE — Owner shall make payment of a buy -in fee of $3,200 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. Should the Owner wish to construct a second dwelling on the vacant lot, Town Board approval is required to amend this agreement, and an additional buy -in fee will be required. 18. WATER PRESSURE The continuing adequacy of the Town's water pressure is in no way guaranteed by the Town. A. The Owner 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 Owner may terminate this Agreement. Once the incentive fee has been paid, the Owner may not terminate this Agreement pursuant to this section. B. The Owner 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 The Property may only be used as a single-family residence. 20. COSTS & ATTORNEYS FEES — The Owner is liable for all costs, charges, duties and responsibilities imposed upon the Owner 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. 7 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, 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. 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 Owner's Property. If petitioned by the Owner pursuant to Article 12 of the Town Law, the Town will use best efforts to extend the District. The Owner 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, Owner will not take any 8 action to oppose the Town Board's actions. If the UWWD is extended to cover the Property this Agreement shall terminate and the Property shall be bound by the laws and regulations applicable to the UWWD. 29. SUCCESSORS AND ASSIGNS This Agreement is binding upon the heirs, successors and assigns of Owner 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. 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. CAITLYN SHELLOCK STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. JESSE SHELLOCK On the day of 2024, 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 Town Supervisor Joseph D. Cavaccini Councilwoman Angela Bettina Councilman Alfred J. Casella STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. Councilman William H. Beale Councilman J. Christopher Phillips ACKNOWLEDGEMENTS On the day of , 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph D. Cavaccini, William H. Beale, Angela Bettina, J. Christopher Phillips, and Alfred J. Casella 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 EXHIBIT A ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, being described as follows: Parcel Number 135689-6056-01-216765-0000 Parcel Location 30 Easter Rd Municipality Lot Size (acres): 1 Ac (C) Split Town: Filed Map: 2332 Agri. District: None File Lot #: 4+ School District: (130200) Beacon City SD Land Use Class: (2 10) 1 Family Res 11 TENANCY AGREEMENT FOR CONNECTION TO THE UNITED WAPPINGER WATER DISTRICT THIS AGREEMENT made the day of August 2024 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 OBERCREEK BREWING COMPANY (OBERCREEK DEVELOPMENT, LLC), Having an address of 89 New Hamburg Road Wappingers Falls, New York 12590 hereinafter referred to as "Owner" cfl WITNESSETH: o co WHEREAS, Owner is the fee simple owner of a parcel of approximately 20.04 acres of land W located in the Town of Wappinger, County of Dutchess, State of New York having an address of 61- 81 New Hamburg Road, Wappingers Falls, NY designated as Tax Parcel Grid Identification Number 135689-6057-02-847758 (the "Property'); and WHEREAS, the Property is more fully described by metes and bounds descriptions attached hereto as Exhibit "A"; and WHEREAS, the Property contains a farm stand and two barns that will contain the Obercreek Brewing Company; and WHEREAS, the water supplied by the existing well does not comply with applicable health department standards for fire suppression and sanitary use to three existing structures to be used as a tasting room, brewery, and farm stand and the Owner desires to obtain municipal water for the property to operate Obercreek Brewing Company, it being acknowledged herein that no water is being supplied hereunder for the brewing of beer, which shall be by a separate water source; 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 the New Hamburg Road Right of Way 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 Town Board has determined that there is enough capacity to tie in properties with existing known structures on that parcel only, that would require a limited water supply; and cfl WHEREAS, UWWD is willing to provide water service to the Property and to allow access �t N O over its pipes, mains, pump station and infrastructure for the water service to the Property provided C' coW 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 Owner 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 Owner 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 2. RIGHT TO CONNECT In consideration of the promises made by the Owner under this Agreement, the UWWD grants unto the Owner the right to connect to the water distribution facilities of the UWWD as provided by this Agreement. 3. CONSTRUCTION OF IMPROVEMENTS —Owner 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; ii) Installation of the water improvements shall comply with all applicable statutes, regulations and rules adopted by Federal, State and Local jurisdictions including but not limited to: Part 5 of the Sanitary Code of the State of New York (10 NYCRR Chapter I, Part 5); iii) The water service connections shall be in conformance with the Town's Commercial Water Connection Specifications. c iv) Construction of the improvements is subject to final inspection and N approval by the Town Engineer, the Building Department and the Water di System Operator. Water service may not be turned on unless approval is W given by the Town Engineer, the Water System Operator and the Building Y 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 Owner shall be responsible to reimburse the Town for the reasonable costs of engineering review and inspection for this project, including post -completion review which shall be funded, at the inception, by the posting of an in initial escrow in an amount determined by the Building Department and to be paid with the application for the Town of Wappinger Building and any legal outside of retainer legal fees incurred in connection herewith. It is noted herein that engineering review and inspection will be by the Town engineer and its water system operator thus the costs for same shall include both of those entities. C. NECESSARY PERMITS i) Owner 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 Behavioral and Community Health permits, and Town of Wappinger Building Permits. 3 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 Owner shall reimburse the Town for the costs of any such permits. iii) If necessary, the Owner shall apply for approval from the Dutchess County Department of Behavioral and Community Health within 30 days of the execution of this agreement. 4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water improvements constructed by the Owner shall be property of the Owner and the Owner 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 Owner 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 Owner, Owner shall make L the necessary repairs immediately when they are discovered. If Owner fails to make }c° said repairs as soon as possible, the Town may take such steps necessary to protect Q 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 Owner shall pay the Town the restoration of service charge. N 0 N B. Owner shall replace or repair such portions of the water improvements that are w deemed necessary by the Town Engineer or the Water Department within the time [� prescribed by the notice to cure. If Owner fails to make said repairs or replacement within the time provided by the notice, the Town may take such steps necessary L to protect the Town water supply, including, if necessary, replacement or repair as L a� provided above and/or the right to discontinue water service, until such time as p the repairs or replacement is completed. If water service is discontinued, the = Owner shall pay the Town the restoration of service charge. E 5. COST OF IMPROVEMENTS —The cost of the improvements to be paid by the Owner shall include all costs necessary or incidental to the construction of the water services for connection of the Owner's property to the water distribution facilities of the UWWD. 6. INDEMNIFICATION — The water services to be constructed by the Owner will be constructed by it, or its agents, as an independent contractor. The Owner 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 Owner's actions or those of any agent, employee or subcontractor of the Owner. 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. Owner will hold UWWD and Town of Wappinger harmless from any claims for damage to the septic system on owner's property arising from the connection of owner's property to the UWWD as a tenant pursuant to this Agreement. 4 7. WATER RATES While this Agreement is in effect, the Owner, 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 Owner consents that unpaid water charges become liens on the Property and run with the land against the Owner'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 r_ outside of the District other than the lots herein described though the water improvements being N constructed by Owner. This agreement only permits the connection of one existing barn to be }c° converted to a 1 story Tasting Room, one existing barn converted to a 2 story brewery, and one Q existing farm stand as referenced in the approved site plan on the Property. The parties agree that no other parcel or structure shall be allowed to connect to the water service line being constructed by the Owner without the express written approval by the Town. N 0 N 9. TEMPORARY DISCONTINUANCE OF SERVICE In accordance with the regulations w of the Town and New York State Law, including but not limited to Chapter 234 of the Town of W Wappinger Code, the Town may, upon reasonable notice, when such notice can reasonably be given, m suspend, curtail or discontinue water service on a temporary basis: L A. for failure by Owner 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 Owner; 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 Owner: 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 Owner 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. 5 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 Owner'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 Owner 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 ENFORCEMENT OF THIS AGREEMENT BY UWWD SHALL BE EFFECTUATED It - 11. BY PROCEEDING TO PLACE AND ENFORCE A LIEN FOR FINANCIAL OBLIGATIONS 4 OF OWNER UNDER THIS AGREEMENT OR BY SEEKING INJUNCTIVE OR OTHER Q RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR DEFAULT OTHER v) THAN DEFAULT OF FINANCIAL OBLIGATIONS PROVIDED THAT UWWD SHALL w 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 Owner to challenge any governmental order or directive that Owner asserts is invalid or unreasonable, Owner shall comply in good faith with any governmental order or directive concerning the obligations of Owner under the terms of this Agreement. The following shall constitute grounds for early termination of this Agreement: A. If the Owner is not able to install the necessary water improvements this Agreement shall terminate upon notice to the Town of such fact. B. This Agreement shall terminate if Owner does not commence construction of the improvements within three years of the execution of this Agreement by both parties. C. The Owner 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 Owner sufficient time to obtain an alternative water source and construction of a connection to such alternate source, in 6 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 Owner 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 Owner 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 Owner'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. 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 a Type II action and is not subject to SEQRA review 17. BUY -IN FEE — Owner shall make payment of a buy -in fee of a sum equal to $10 per gallon of estimated daily design flow, as determined by a competent engineer and confirmed by the Engineer to the Town, pursuant to Town Code Section 236-6(B)(2)(a). 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. Should the Owner wish to connect an additional structure not included in this agreement, Town Board approval is required, and an additional buy -in fee will be required. 18. WATER PRESSURE The continuing adequacy of the Town's water pressure is in no way guaranteed by the Town. A. The Owner 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 UW/WD Water System is not sufficient, the Owner may terminate this Agreement. Once the incentive fee has been paid, the Owner may not terminate this Agreement pursuant to this section. 7 cfl �t N 0 N 6 B. The Owner 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 The Property may only be used as described herein and the water supply is limited to serving the fire suppression system and the bathrooms serving the tasting room and brewery in the barns. 20. COSTS & ATTORNEYS FEES — The Owner is liable for all costs, charges, duties and responsibilities imposed upon the Owner 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 r- expressly made terms and conditions of this Agreement. The parties acknowledge that, although they N have attempted to incorporate and resolve all matters relative to the proposed improvements, certain }c° matters will likely arise hereafter which were not addressed in whole or in part by this Agreement. Q Accordingly, the parties hereto shall, in good faith, cooperate to do all things, which may become necessary in the future to effectuate the purpose and intent of this Agreement. N 22. AUTHORITY — It is expressly understood and acknowledged that the signatories to this N Agreement have the power to bind their respective parties to all of the terms and conditions contained w herein. All resolutions of the respective governing bodies of the Town have been adopted by the [� appropriate legislative authority. x 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 8 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 Owner's Property. If petitioned by the Owner pursuant to Article 12 of the Town Law, the Town will use best efforts to extend the District. The Owner 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, Owner will not take any action to oppose the Town Board's actions. If the UWWD is extended to cover the Property this Agreement shall terminate and the Property shall be bound by the laws and regulations applicable to the UWWD. 29. SUCCESSORS AND ASSIGNS This Agreement is binding upon the heirs, successors and assigns of Owner and it shall run with the land comprising the Property and the parties shall record Q this Agreement or a Memorandum of this Agreement with the Clerk of Dutchess County, indexed to the Property. This Agreement may not be assigned by the Owner. �t N 30. ADDITIONAL DOCUMENTS Each party will, at any time and from time to time, at the N request of any other party make, execute, acknowledge and deliver, or cause to be done, all such w further acts, deeds or other documents as may reasonably be necessary or appropriate to complete the transactions contemplated by this Agreement. 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. OBERCREEK DEVELOPMENT LLC By: STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the day of 2024, 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. 9 Notary Public 10 Y u L 0 0 C E L Q u C m C L N �L O .0 El r N O N U) W w Y L V L 0 E 4) L Q u C m C NN� C .y L C m U C 0 E u m Q TOWN OF WAPPINGER TOWN BOARD ON BEHALF OF UNITED WAPPINGER WATER DISTRICT Town Supervisor Joseph D. Cavaccini Councilwoman Angela Bettina Councilman Alfred J. Casella STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. Councilman William H. Beale Councilman J. Christopher Phillips ACKNOWLEDGEMENTS On the day of , 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph D. Cavaccini, William H. Beale, Angela Bettina, Christopher Phillips, and Alfred J. Casella 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 11 cfl N 0 N U) W W EXHIBIT A ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, being described as follows: Parcel Number 135689-6057-02-847758-0000 Parcel Location 61-81 New Hamburg Rd Municipality Wappinger Owner Name Obercreek Development LLC (P) Primary Owner Mailing Address 89 New Hamburg Rd Lot Size (acres): 20.04 Ac (s) Split Town: Filed Map: 10427C Agri. District: None File Lot #: 7 12 cfl �t N O N U) W W School District: (135601) Wappingers CSD Land Use Class: (241) Rural res&ag ADD COPY OF DEED TO THIS AGREEMENT cfl �t N O N co W w 13 SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER UNITED SOCCER CLUB THIS AGREEMENT made the day of 2024, by and between TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and WAPPINGER UNITED SOCCER CLUB A Not -For -Profit Corporation, with its principal offices at PO Box 120, Wappingers Falls, New York 12590, hereinafter referred to as the "WUSC". WITNESSETH: WHEREAS, the TOWN has maintained a long-standing relationship with the WUSC and acknowledges the partnership the TOWN has had with WUSC in providing a soccer program for the youth of the Town of Wappinger and the surrounding community; and WHEREAS, the WUSC has assisted in maintaining the TOWN'S soccer fields, all of which are located within public recreation lands, and, except as authorized by this Agreement, WUSC, acknowledges that the fields are open to the general public for use as athletic fields, subject to approval by the Town Board and as administered by the Town of Wappinger Director of Recreation; and WHEREAS, the Town Board determines that it is in the best interest of the TOWN to provide a soccer program for the youth of the Town of Wappinger, and the parties desire to enter into this agreement to provide a framework for the programs for the youth of the Town of Wappinger and the respective obligations of the parties. -1- NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the WUSC hereby agree as follows: 1. Term and Renewal. The Term of this Agreement shall be January 1, 2024 through December 31, 2024. Any future agreements between the parties shall be under the terms and conditions mutually agreed to by the parties at that time. 2. Services Provided. 2.1. The WUSC shall provide qualified and responsible management and supervision of a soccer program for all youth residing within the Town of Wappinger and the Village of Wappingers Falls between the ages of 3 and 18. 2.2. Thirty (30) days prior to the start of each season, WUSC shall supply the Town Board with a roster of the participants in the soccer program; such roster shall contain the names, addresses, and ages of each participant. Leagues: 2.3. The soccer program shall include soccer activities in one of the following a. Youth Development Academy (U4 -U10) b. Intramural/Recreational (U11 -U19) C. Travel Program 2.4. Only the Leagues described above are permitted to use Town fields pursuant to this Agreement. "Travel Teams" not under the management of WUSC are not authorized to use Town fields pursuant to this Agreement and must apply for permits to use the fields. 2.5. The assignment of participating youths shall be made by the WUSC, which shall make such assignment by taking into consideration the age of the youth and the youth's individual skill level as determined by the WUSC. -2- 2.6. The WUSC shall provide all supervision, coaches, instructors, and referee personnel necessary to provide management, supervision, instruction, and safety in the above - referenced leagues, as well as provide the youth a team experience in a formal organized program. It shall be the responsibility of the WUSC to perform background checks of all coaches and instructors to provide the appropriate security. WUSC shall provide proof of background checks conducted by the association of referees used by the league to the TOWN. 2.7. The WUSC shall provide such administrative personnel as necessary to provide for the smooth and efficient operation of the above-mentioned Leagues, together with necessary coordination of such programs and use of TOWN fields in consultation with the Town of Wappinger Recreation Director, and the Supervisor of Buildings and Grounds. 3. Revocable License to Use Town Sports Field Facilities. 3.1. The TOWN shall provide sports field facilities for use by WUSC under the terms of this Agreement. 3.2. The TOWN hereby grants a revocable license to WUSC to use the Airport Park Soccer Complex, the Rockingham Park Soccer Complex, and such other fields as authorized by the Town of Wappinger Town Board, in consultation with the Town of Wappinger Recreation Director, in accordance with the Field Use Procedure as adopted by the Town Board. 3.2. Thirty (30) days prior to the start of each season, WUSC shall submit a proposed use of the soccer fields necessary to provide the soccer program for the League specified in 2.2 above. The schedule of needed soccer fields shall be submitted to the Recreation Director who shall review and approve the schedule of use of the fields or make any necessary modifications thereto. Any changes to the scheduled use of the fields must be approved by the Recreation Director. -3- 3.3. To the extent practicable, the TOWN shall give WUSC a priority in scheduling the use of the soccer fields. The Wappinger Recreation Director may consult with the Supervisor of Buildings and Grounds of the Town of Wappinger in approving the use of the fields or other facilities authorized herein. The Recreation Director will notify WUSC in the event there is any request to use any of the park facilities that may conflict with the approved schedule of uses by WUSC. To the extent practicable, the TOWN shall not grant approval to outside users to insure there will be no conflicts with the approved schedule of uses for WUSC. Both parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WUSC whenever possible or practical. 3.4. The TOWN authorizes WUSC to use portable lighting on the fields until 8:00 p.m. The TOWN shall not be responsible for supplying or maintaining portable lighting for use by WUSC. 3.7. Since Airport Park Soccer Complex and Rockingham Park Soccer Complex are locked -gate Town parks, the Town's Supervisor of Buildings and Grounds, after consultation with the Town Supervisor, shall create a list of authorized key holders to open and close the park each day and shall so notify WUSC and the Town's Director of Recreation. 3.9. The privilege granted herein is an accommodation and is revocable at will at any time by the TOWN, provided that the TOWN gives at least thirty (30) days written notice prior to the date that a revocation becomes effective. Such notice shall be addressed and forwarded to WUSC at WUSC's address as stated herein by certified mail, return receipt requested, or delivered by personal delivery to the WUSC. The notice time period shall commence on the date of delivery to WUSC. Upon the revocation of this license, WUSC shall immediately remove any personal property located at Airport Park Soccer Complex and Rockingham Park Soccer Complex, and WUSC shall immediately restore the TOWN's Premises to its original condition as existed prior to use by WUSC. 4. Use of Buildings and Grounds. 4.1. During the time that WUSC is using the fields, the TOWN hereby grants a revocable permit to WUSC to use existing buildings at the Airport Park Soccer Complex for the purposes of storage of equipment and the operation of a food and drink concession. No other use of the buildings or the grounds shall be permitted without the expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town Supervisor. 4.2. The WUSC will be responsible for the maintenance and cleanliness of the concession stand and all equipment in connection therewith, including, but not limited to, the fire suppression system. and further affirmatively agrees to operate the concession stand and equipment in accordance with the rules of the Dutchess County Department of Behavioral and Community Health and any other regulatory agency having jurisdiction over the facility. 4.3. Any violations of any rule, law, regulation, ordinance, or statute by WUSC in the operation of the concession stand will be the sole responsibility of WUSC, and WUSC agrees to indemnify and hold harmless the TOWN for any such violations. WUSC will repair and/or correct any violation within thirty (30) days or by the date mandated by the Dutchess County Health Department, and any other regulatory agency having jurisdiction over the facility. 5. TOWN Responsibilities. 5.1. The TOWN shall supply general and routine maintenance to the parks' buildings, structures, and grounds, except for those items specifically designated as WUSC responsibilities in Paragraph 6 following. 5.2. The TOWN shall supply porta johns and garbage removal. -5- 5.3. The Supervisor of Buildings and Grounds shall be notified in the event emergency repairs are required and needed for any of the facilities licensed herein, or if there are any dangerous conditions found at any of the facilities. The Supervisor of Buildings and Grounds will provide an emergency phone number at which he or another designated individual can be reached in the event emergency repairs are required. 5.4. The TOWN shall mow and maintain the length of the grass on the soccer fields. The TOWN shall, weather and field conditions permitting, provide weekly mowing of the fields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and the WUSC President. The TOWN will also provide string trimming of the fences, buildings, and bleachers on a bi-weekly basis. The Town will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. 5.5. The TOWN shall maintain and keep in structurally and/or mechanically good order the fences, signs, and electrical services to the parks. 5.6. Upon request by WUSC, the TOWN, through the Department of Buildings and Grounds shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 6. WAPPINGER UNITED SOCCER CLUB'S Responsibilities. 6.1. WUSC will be responsible for measuring and marking all field lines, locating goals and any other field configurations pursuant to the guidelines and regulations for the game of soccer. 6.2. WUSC will pay for any improvements it deems necessary outside of the TOWN responsibilities, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. 6.3. WUSC agrees to provide the TOWN with accurate contact information for officers of WUSC, no later than thirty (30) days after officer elections. WUSC has a continuing obligation to ensure that the TOWN has accurate contact information for WUSC and to notify the TOWN of any officer changes within thirty (30) days after said change. 6.4. The Town Board, in consultation with the Supervisor of Buildings and Grounds, must approve all construction or installations requested to be undertaken by WUSC on any of the sports fields. WUSC shall promptly notify the TOWN of its intentions to construct or install any improvements, and WUSC agrees that it will not perform any such construction unless and until it receives written approval from the TOWN. The request for improvements must identify the type of improvements and any design plans, projected cost, and expenses. All such improvements shall be paid for by WUSC unless the TOWN expressly agrees otherwise. The parties agree that any permanent improvements or fixtures constructed by WUSC on the property are the property of the TOWN. 7. Ownership. This Agreement shall not create any ownership or other legal interest in WUSC regarding the TOWN's property, facilities, or accommodations. Conversely, this Agreement shall not create any ownership or other legal interest in the TOWN regarding to the youth sports programs as offered by the WUSC or any advertisements, programming, equipment, or clientele of such. 8. Access and Control of Park Facilities. TOWN reserves the right to freely access and control the TOWN's property, facilities, and accommodations as may deem necessary during the term of this Agreement. The TOWN hereby agrees that it shall provide the WUSC with public access to and use of its concession stand this 5 Field Use Contract facilities nearest to the aforementioned playing fields as designated by TOWN. WUSC does not have exclusive rights to -7- the park, its facilities, or its parking areas except for the use of the fields at the designated times Prior to the WUSC undertaking any modifications to or work on the Park Facilities other than what is specified within the above maintenance chart, TOWN must authorize in writing the nature and scope of the work, modifications, or improvements. 9. Equipment. The WUSC shall provide all sporting equipment necessary for the implementation of the soccer program or shall require the participants to provide their own equipment, including, but not limited to, balls, insurance, uniforms, league fees, players' equipment, goals, etc., and such other equipment to maintain the fields as required for the game of soccer. The Town shall not be responsible for providing any soccer equipment under this agreement. 10. Availability. The soccer program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The sports program shall be provided starting in the month of March 2024 through December 2024, as approved by the Recreation Department. 11. Medical Insurance Coverage and Iniury Notification. 11.1. WUSC shall provide medical/injury insurance equal to or greater than the standard insurance coverage covering the medical expenses for any of the participants in the soccer program. 11.2. WUSC shall notify the Recreation Director and the Town Supervisor in writing, via email or regular mail, within two (2) business days of any injury that occurs. Injury includes injuries to players, staff, parents, spectators, visitors, invitees, and guests. The injury shall be reported by any form approved and required by Eastern New York Youth Soccer Association, Hudson Valley Youth Soccer League, or other governing organization, or on a form approved by the Recreation Director. The Town shall be provided with a copy of any forms that the WUSC is required to file related to the injury to its governing organization, insurance carrier, or any other entity. 12. Liability Insurance. 12.1. The WUSC shall indemnify and hold harmless the TOWN from all claims on account of injury, loss, or damage arising or alleged to arise out of or in connection with the occupancy or use of the Town of Wappinger Recreation Fields; including all expenses incurred by the TOWN in the defense, settlement, or satisfaction thereof, which includes expenses of legal counsel. 12.2. In addition, the WUSC shall obtain and maintain a comprehensive general liability policy from an insurance company with an A.M. Best's Rating of "A" or better which shall include liability coverage for bodily injury and death in an amount of no less than $1,000,000 per occurrence and for property damage in an amount of no less than $1,000,000. The WUSC shall provide to the Wappinger Town Clerk, with a copy to the Wappinger Town Attorney, simultaneously with a copy of this Agreement as signed by WUSC, a certificate of insurance and declarations page from each policy, in form satisfactory to the Town Attorney, (i) evidencing the foregoing coverage; (ii) naming the Town of Wappinger as a certificate holder; and (iii) containing the following clause: "This insurance policy shall not be amended, nor shall it expire or be cancelled, unless written notice of same is delivered to the Town Clerk of the Town of Wappinger at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, by certified mail, return receipt requested, at least thirty (30) business days prior to such amendment, expiration or cancellation." 12.3. No approval is granted or implied unless and until all requirements as outlined above have been submitted to, received, and accepted by the TOWN. 13. Indemnification. 13.1. The WUSC shall save, indemnify, and hold harmless the TOWN and its agents, servants, and employees from and against all claims, damages, losses, and expenses, plus accrued interest, and all expenses incurred by the TOWN in the defense, settlement, or satisfaction thereof (including legal expenses), arising out of or resulting from any and all claims, damages, disease, death, or injury arising from this Agreement. 13.2. The WUSC shall save, indemnify, and hold harmless the TOWN and its agents, servants, and employees from and against all claims, damages, losses and expenses, plus accrued interest, and all expenses incurred by the TOWN in the defense, settlement, or satisfaction thereof (including legal expenses), in connection with the occupancy or use by the WUSC of the Town of Wappinger Recreation Fields including the loss or destruction of tangible personal property. 13.3. Notwithstanding the foregoing, the WUSC shall not responsible or assume any liability for any acts of negligence committed by or on behalf of the TOWN, its agents, servants, and employees. 14. Worker's Compensation. The WUSC shall provide Worker's Compensation coverage as required by General Municipal Law § 108. 15. Financial Disclosure. The WUSC will furnish to the Town Board a profit and loss statement for the WUSC and show distribution of funds from any non-profit tournaments and camps run by WUSC on TOWN property no later than January 31st of each year hereafter. -10- 16. Fee for Administration of Program. 16.1. The TOWN shall pay WUSC the sum of Five Thousand Dollars ($5,000.00) for the administration and oversight of the soccer program to be provided pursuant to this Agreement. 16.2. WUSC shall be solely responsible for providing all additional financial support necessary to provide the soccer programs. 16.3. The TOWN will authorize the use of the Airport Park Soccer Complex by the WUSC for one summer camp program. All proceeds from the camp will be paid to WUSC and will be used to financially subsidize the soccer program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Airport Park Soccer Complex for this camp. 17. Surrender of Premises. WUSC agrees to surrender use of the fields and facilities, or a part thereof, in the event it is necessary for expansion or utilization of public park facilities or for any other purpose which the TOWN believes is necessary or important. WUSC further agrees to abandon the use of the fields and facilities, or a part thereof, if a demand is made by the United States government, or where WUSC or the TOWN is ordered to do so by an order of any Court. 18. Termination of Agreement. 18.1. The TOWN reserves the right to periodically review the performance of WUSC to evaluate compliance with the terms of this Agreement. 18.2. Either party may terminate the Agreement for breach of this Agreement upon thirty (30) days written notice to the breaching party. If the breaching party does not cure the breach prior to the date of termination, then the other party may terminate the Agreement. If the breaching party attempts to diligently cure the breach, to the extent such breach cannot be -11- reasonably cured within thirty (30) days, the other parry may grant additional time to cure as it deems appropriate, but is under no obligation to do so. 18.3. This Agreement maybe terminated by either parry giving notice of its intent to terminate the Agreement on or before October 15th of any year, which termination shall be effective as of January 1 st immediately following. 18.4. If WUSC shall dissolve, become insolvent, or be otherwise unable to fulfill the terms of this Agreement, or abandon the use of the fields and facilities, this Agreement shall terminate, and WUSC shall have no further rights hereunder. Discontinuation of use of all or part of the Premises for maintenance, repair, or rehabilitation purposes of the grounds shall not be deemed as an abandonment. If WUSC changes the character of its operation significantly from that of a non-profit corporation, then this Agreement shall terminate and WUSC shall have no further rights hereunder. 19. Non -Discrimination. The WUSC will not discriminate because of race, color, language, national origin, ancestry, or religion. WUSC will commit to being a safe and civil environment for all players, coaches, staff, volunteers, referees, and patrons, free from harassment, intimidation, or bullying. The program shall be open to all youths who have a permanent residence within the Town of Wappinger, including the Village of Wappingers Falls, who are between the ages of 4 and 19. 20. Independent Contractor. The parties hereby agree that WUSC is hereby deemed an "independent contractor" and shall not be considered an employee or agent of the Town of Wappinger. Nothing contained in this Agreement is intended to create a partnership or joint venture between WUSC and the TOWN, and no agent of WUSC shall be the agent of the TOWN -12- WUSC covenants that it will not take any action in the name of, or by holding itself out as the agent of, the TOWN. 21. Non -Assignment. This Agreement may not be delegated, assigned, sub -let, or transferred. 22. Appointments. The parties acknowledge that the following individuals have been duly appointed to the following positions for the purpose of implementing this agreement and the Terms and Conditions hereunder: a. Town of Wappinger Supervisor — Joseph D. Cavaccini b. Town of Wappinger Fourth Ward Councilman — Al Casella C. Wappinger Recreation Director — Jessica Fulton d. Supervisor of Buildings and Grounds — Steven Frazier e. President of WUSC Meghann Hardesty Each Party will promptly notify the other party if there is any change in the above identified persons. 23. Authorization. Each party, by execution of this Agreement, represents that it has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or his duly designated Deputy Supervisor is hereby authorized to execute this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the day of , 2024. 24. Counterparts and Duplicate Originals. The parties hereby agree that this Agreement may be executed by facsimile or scanned signatures transmitted by electronic mail and/or in one or more counterparts, each of which when so executed and delivered shall be deemed -13- an original, but all of which taken together shall constitute the same original. At least one duplicate original will be permanently filed in the Office of the Town Clerk of the Town of Wappinger 25. Notices. All notices, communications, invoices, bills, and reports required under the Contract shall be personally delivered or mailed to the respective parties by certified mail, return receipt requested, to the addresses shown below, unless and until either party is otherwise notified in writing by the other party of a change in address. Mailed notices shall be deemed communicated as of five (5) days after mailing regular mail. If intended for TOWN, to: If intended for Wappinger United Soccer Club, to 20 Middlebush Road PO Box 120 Wappingers Falls, New York 12590 Wappingers Falls, New York 12590 Attn: Joseph D. Cavaccini Attn: Meghann Hardesty 26. Integration. The parties agree that this Agreement, along with any attachments, constitutes the entire understanding between the parties and supersedes all prior negotiations, agreements, and understandings, whether oral or written. 27. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this Agreement are for any reason held to be invalid, void, or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 28. Choice of Law and Venue. This Agreement shall be governed by the laws of the State of New York, and any action to enforce the terms of this Agreement shall take place in the Dutchess County Supreme Court. 29. Waivers. The failure by one party to require performance of any provision of this Agreement shall not affect that party's right to require performance at any time thereafter, nor -14- shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 30. Amendments. This Agreement may only be amended by a written document duly executed by both parties. 31. Headings. The headings and numbering of the different sections of this Agreement are inserted for convenience only and are not to control or affect the meaning, construction or effect of any provision. IN WITNESSETH THEREOF, the parties have set their hands and seal this day of 2024. TOWN OF WAPPINGER By: JOSEPH D. CAVACCINI, Town Supervisor WAPPINGER UNITED SOCCER CLUB, INC. By: MEGHAN HARDESTY, President -15- U L O U U et N O N E V M Q I L%JVV art Lighting Main Service iaterial for the following: eepair damage lighting cabinet and conduits for light. inchion on 6 x 6 pressure treated posts. 0 -amp underground service from stanchion to existing utility pole. -amp meter and existing control cabinet to stanchion. g light feed conduits and re-enter into cabinets. Jination with Central Hudson. rical inspection and associated fee. avation and backfilling. ,ement of underground light feed wiring if necessary. igers electrical permit fee. ' conduit — provided by Town of Wappingers. 1.00 Dceed with this proposal as described above, please sign and date below anc we will contact you to schedule the work. Field Electric Inc. ithorization iment, you agree to the terms of the work as described. You agree to hav ake payments as stated above. All pricing in this proposal subject to char e on document below.