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2025-04-14
Town 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, April 14, 2025 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 Joseph P. Paoloni Town of Wappinger Town Clerk Present 3:30 PM II. Opening Items 1. Salute to the Flag 2. Invocation/Moment of Silent Meditation III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of April 7 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella IV. Public Hearings 1. Resolution Introducing "Local Law No. _ of 2025, for the Purpose of Amending COMMENTS - Current Meeting: Public Hearing was Opened by Casella and Seconded by Phillips. Town of Wappinger Page I Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 V. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella VI. Discussions 1. Sports Dome on 9D COMMENTS - Current Meeting: Representatives from Hudson Valley Scrap Kings came to discuss their sports complex. The plan is to convert the junk yard to a Sports Dome for all sports. 2. Motion To: Seed to Fields, R2 and T2 at Robinson Lane Field Issues up to $12,000 COMMENTS - Current Meeting: Little League Chairperson and Buildings and Grounds Director explained work that will be done on a couple of the Fields, R2 and T2. This is part of a rotating field maintenance schedule. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 3. R2 and T2 Field Repair Estimate 4. Rockingham Park Field Issues Chris from Wappinger United Soccer addressed the board on field maintenance at Rockingham Soccer Park. The plan is to seed two fields. They requested the town pay for lining Castle Point and Martz fields for soccer. The goals can be moved from Rockingham to those parks by the Town's buildings and grounds department. VII. Consent RESOLUTION: 2025-92 Town of Wappinger Page 2 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 Resolution Declaring April As Volunteer Appreciation Month In The Town Of Wappinger WHEREAS, the Town of Wappinger is home to hundreds of dedicated volunteers who assist in supporting organizations and causes across our region, and WHEREAS, the Town of Wappinger recognizes the hard work, dedication and passion of volunteers and national service members throughout our nation, and WHEREAS, government alone cannot meet all of our nation's needs, so we partnerwith businesses, faith -based organizations, non-profit organizations, foundations and individuals who serve in Town government and in our community to make a difference, and WHEREAS, the Town of Wappinger is committed to encouraging volunteerism and national service among its employees, residents, partners, businesses and organizations, and NOW, THEREFORE, the Town Board of the Town of Wappinger hereby does proclaim the month of April 2025 as "Volunteer Appreciation Month" in the Town of Wappinger and urge our residents to volunteer or give service in our community throughout the year. Byvolunteering and recognizing those who serve, we promote partnership, understanding and collaborative problem -solving in our community. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2025-92 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph 13Cavaccim ................... 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 April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-93 Resolution Declaring April As Autism Acceptance Month In The Town Of Wappinger WHEREAS, although new medicines and therapies may enhance life for some time for people with Autism more work is needed for a cure, and WHEREAS, increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Autism, and WHEREAS, a multidisciplinary approach to Autism disease care includes local wellness, support and caregiver groups, and WHEREAS, April has been proclaimed as World Wide Autism Acceptance Month for all to recognize the need for more research and help in dealing with the devastating effects of Autism, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby recognize and proclaim April as Autism Acceptance Month and does offer its endorsement to the efforts of the National Institutes of Health. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 3 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 Vote Record - Resolution RES -2025-93 D Adopted ❑ Adopted as Amended Yes/Aye.......No/Nay........ Abstain Absent Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter ................. a ................ o ............... El ................ ........ ❑ Defeated William H. Beale Voter ................................ El❑ ................ El❑ El Tabled Angela Bettina Voter....,...... D .... d ... ❑ .... ❑ ... ElWithdrawn Christopher Phillips Seconder 0 ❑ El ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-94 Resolution Re -Appointing Coordinated Assessment Agreement Town Assessor WHEREAS, the Towns of Wappinger and Fishkill are empowered toe nter into an Inter -Municipal Agreement to appoint one Town Assessor to hold the office of and act as the Town Assessor in both Towns, pursuant to Sections 576 and 579 of the Real Property Tax Law and pursuant to Article 5-G of the General Municipal Law, and WHEREAS, the Towns of Wappinger and Fishkill entered into an Coordinated Assessment Agreement, on December 28th, 2006 and said agreement has been reviewed by the Towns from time to time, and WHEREAS, the Town of Wappinger enacted a Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill with the enactment of Local Law No. 8 of the Year 2006 which is codified at Chapter 150 of the Town of Wappinger Code, and WHEREAS, the Town of Wappinger and Town of Fishkill jointly appointed and then reappointed Christian Harkins as the CAP Assessor for both Towns, and WHEREAS, pursuant to Real Property Tax Law §§ 310 and 579(3)(x) the term of the CAP Assessor for both Towns is six years, with the next term commencing on October 1, 2019, and WHEREAS, the Town of Board of the Town of Wappinger believes that it has been very ably served by the incumbent Town Assessor Christian Harkins and wishes to reappoint him for another six year term commencing on October 1, 2025; and WHEREAS, officials of the Town of Fishkill indicated that the Town of Fishkill also wishes to reappoint the incumbent CAP Assessor; and WHEREAS, the CAP Assessor is a Non -Competitive Confidential and Policy Influencing title under the Rules of the Dutchess County Department of Human Resources; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby reappoints Christian Harkins to serve as the Single Assessor for the Coordinated Assessment Program between the Towns of Wappinger and Fishkill for a six year term commencing on October 1, 2025 subject to joint approval by the Town of Fishkill. 2. The Town Board herebywaives the need to conduct any interviews to fill the position as the incumbent assessor is most qualified for the position. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources and other State Agencies as required by Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2025-94 D Adopted ❑ Adopted as Amended Yes/Aye.......No/Nay........ Abstain Absent Town of Wappinger Page 4 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 ❑ Defeated Joseph D. Cavaccini Voter D ❑ ❑ ❑ El Tabled ............................................................................................................................ William H. Beale VoterEl Yes/Aye ❑ El ❑ Withdrawn Angela Bettina Voter D ❑ ❑ ❑ ❑ Adopted as Amended Christopher Phillips Seconder 0 ❑ El❑ El Defeated Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-95 Resolution Appointing Seasonal Laborers In The Buildings And Grounds Department WHEREAS, the Town Board has determined that hiring seasonal employees in the Buildings and Grounds Department to assist with them a intenance of Town parks and facilities is necessary, and WHEREAS, the Rules of Dutchess County Civil Service authorizes the appointment of employees by the Town on a seasonal basis, and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of five employees as Groundskeepers on a seasonal basis, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Thomas Johnston as Seasonal Laborerwho shall be compensated at $21.33 per hour with a starting date retroactive to March 26, 2025. 2. The Town Board hereby appoints Michael Kotash as Seasonal Laborer who shall be compensated at $21.33 per hour with a starting date retroactive to April 7, 2025. 4. The Town Board hereby appoints Joshua Vargas as Seasonal Laborer who shall be compensated at $21.33 per hour with a starting date of April 14, 2025. 5. The Town Board hereby appoints Francis Steinhauer as Seasonal Laborer who shall be compensated at $21.33 per hour with a starting date of May 5, 2025. 4. This appointment is a seasonal appointment in accordance with the rules of Dutchess County Civil Service. 5. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 6. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 7. The 2025 Budget makes appropriations for this position. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2025-95 Yes/Aye No/Nay Abstain Absent D Adopted . ❑ Adopted as Amended Joseph D Cavaccim . Voter El ❑ El El Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Angela BettinaVoter ....................................,...............,............. .Seconder 0 ❑ El❑ .... ElWithdraw Withdrawn Christoer Phillips h Christopher .................. 11 D ❑ ❑ ❑. Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 Town of Wappinger Page 5 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-98 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Lo - 2 25-0444 Number TO From Cate Conte Rec` I Re: Agenda Date 04-14-001 Town Board Heather L. Kitchen 4/10/2'025 4/10/2025 Town Justice Monthly Report, March 2025 4/14/2'025 04-14-002 Town Board Nicholas C. Maselli 4/10/2'025 4/10/2025 Town Justice Monthly Report, March 2025 4/14/2'025 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2025-98 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter ................. a ................ o ............... El ................ ........ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled An gela Bettina Voter...,...... . D .... ❑ ... ❑ .... ❑ ... El Withdrawn Christopher Phillips Seconder 0 ❑ El❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. VIII. Non -Consent Resolutions RESOLUTION: 2025-97 Resolution Authorizing The Town Supervisor to Enter into a Stipulation of Settlement Regarding a Pending Matter Involving Employee #9672 BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the termination of Employee #9672. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the calculation and payment of any benefits 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: Town of Wappinger Page 6 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 Vote Record - Resolution RES -2025-97 Yes/Aye No/Nay Abstain.. Absent ❑ Adopted D Adopted as Amended Joseph D Cavaccim ................... Voter ................. a ................ o ............... El ................ ........ ❑ Defeated William H. Beale Voter ................................ El ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter....,...... D .... d............................................ ❑ ... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips Mover 0 ❑ ❑ ❑ Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2025-90 Resolution Adopting "Local Law No. 3 of 2025, for the Purpose of Amending Chapters 240-5, 240-19, 240-20 of the Town Code With Respect To A Variety Of Definitions" WHEREAS, the Town Board has considered the adoption of Resolution Introducing "Local Law No. 3 of 2025, for the Purpose of Amending Chapters 240-5, 240-19, 240-20 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 April 14, 2025 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board 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, 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 it was determined to be a matter of local concern; 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 (7) days prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: The Town Board hereby adopts and incorporates the recitations and statements set Town of Wappinger Page 7 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 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 2025, a copy of which is attached hereto and made a part of this Resolution; and 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 -2025-90 Yes/Aye No/Nay Abstain Absent ❑ Adopted Joseph D. Cavaccini ❑ ..... ❑ ❑ ❑ ... ❑ Adopted as Amended William H. Beale ❑ ❑ ❑ ❑ ❑ Defeated ❑ Tabled Angela Bettina ❑ ❑ ❑ ❑ 0 Withdrawn Christopher Phillips ................................. ................................................................................. ❑ ........ ❑ ,........ ❑ ❑ ..... AlCasella ❑ ❑........,........ ❑.........,....... ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2025-89 Resolution Adopting "Local Law No. 2 Of 2025, For The Purpose Of Regulating Smoke And Vape Sales In The Town Of Wappinger" WHEREAS, the Town Board has considered the adoption of Resolution Introducing "Local Law No. 2 Of 2025, For The Purpose Of Regulating Smoke And Vape Sales In The Town Of Wappinger"; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 14, 2025 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board 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, 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 8 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 WHEREAS, in response to said referral the DCDPD responded and it was determined to be a matter of local concern; 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 (7) 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 2025, a copy of which is attached hereto and made a part of this Resolution; and 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 -2025-89 Yes/Aye No/Nay Abstain Absent D Adopted " ❑ Adopted as Amended Joseph D Cavaccim Voter . o o ❑ ... ................ o ...... ❑ Defeated William H. Beale„ Seconer d D ❑ El❑ El Tabled Angela Bettina Voter....,...... El .... ❑ ... ❑ .... ❑ ... ElWithdrawn Christopher Phillips Mover D ❑ ❑ ❑ Al Casella Voter El ❑ El❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-84 Introducing "A Local Law for the Purpose of Amending Chapter 240, Zoning, to include." Short Term Rentals WHEREAS, the Town Board is considering the adoption of "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code to include." Short Term Rentals"; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and Town of Wappinger Page 9 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of 2025 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law of 2025 for 7:00 PM on the 28th day of April, 2025 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2025-84 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Jos h D Cavaccim eP .... Voter a o ❑" o ❑ Defeated William H. Beale ................................................................................. Voter ................. D ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter....,...... El .... ❑ ... El❑ .... ... El Withdrawn Christopher Phillips Seconder D ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-91 Resolution To Authorize Funding For Pest Spraying At Town Athletic Parks WHEREAS, the Supervisor of Buildings and Grounds received a quote from Waverly Pest Control, a Town of Wappinger business, to remedy the situation at Robinson Lane Baseball Complex for $5,500. Town of Wappinger Page 10 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 WHEREAS, the Town Board agreed to treat two other parks, Rockingham Park Soccer Complex, and Airport Park Soccer Complex for an additional $5,000 and resume field activity, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the amount of $10,500.00 payable to Waverly Pest Control from B Fund Balance. 3. Town Supervisor Joseph D. Cavaccini is hereby authorized and directed to execute any and all contracts on behalf of the Town. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2025-91 0 Adopted Yes/Aye No/Nay Abstain Absent D Adopted Joseph D. Cavaccini . .................. 0 ❑ ........................... ❑ ❑ ❑ Adopted as Amended Joseph D Cavaccini Voter D ❑ ❑ ❑ El Defeated William H. Beale Voter „0 ❑ ❑ ❑ Tabled El Tabled Angela Bettina Ser D ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter 0 ❑ ❑ ❑ Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-96 Resolution Authorizing Site Improvements To Be Performed At Carnwath Farms Historic Site And Park WHEREAS, through Resolution -2024-218 and Resolution -2025-40 the Town Board authorized interior enhancements at The Chapel at Carnwath Farms Historic Site & Park for the purposes of making the structure usable for public event rentals and receptions, and WHEREAS, the Friends of Carnwath Farms Historic Site & Park Inc. have agreed to spend over $20,000 of their donated funds towards landscaping and cosmetic improvements around the entry circle and The Chapel to make the site more attractive for public use, and WHEREAS, the walkway from The Chapel to the parking lot is in poor condition and should be improved for public safety and better accessibility to the facility, and WHEREAS, the Supervisor of Buildings and Grounds has obtained a quote for $14,950.00 from The Garden Experience to replace the walkway, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger authorizes $14,950.00 to be funded out of fund balance for these site improvements at Carnwath Farms Historic Site & Park. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2025-96 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended p Joseph D. Cavaccini ............ ............ Voter 0 ❑ ........................... ❑ ❑ El Defeated William H. Beale Mover 0 ❑ ... ................ ❑ ❑ ❑ Tabled Angela Bettina ...........................,,,Voter .... , .......❑ ...... D..... ❑...... . ..... ❑..... ❑ Withdrawn Christo herPhilli s....................Voter.............1✓7...... ......❑..... ......❑...... .....❑......... Town of Wappinger Page 11 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 Al Casella Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. RESOLUTION: 2025-99 Resolution Correcting Salary Of Full Time Maintenance Worker In The Buildings And Grounds Department WHEREAS, on February 10, 2025, the Town Board promoted Juan Cabrera LLivipuma to a Full Time Maintenance Worker in the Buildings and Grounds Department, and WHEREAS, it was found that the hourly rate of paywas not increased from seasonal laborer to reflect his promotion to Full Time Maintenance Worker, and NOW THEREFORE BE IT RESOLVED: 1. The Town Board of the Town of Wappinger does hereby correct the rate of pay for Juan Cabrera LLivipuma to reflect his promotion to Full Time Maintenance Worker to $23.00 per hourwhich shall be paid in weekly installments, in accordance with the CBA. This change shall be retroactive to February 10, 2025. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2025-99 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Jos D Cavaccim eP .h ... Voter El o ❑" o ❑ Defeated William H. Beale ............................................................................... oter ..V................. D ❑ ❑ ❑ El Tabled Angela Bettina Voter....,...... El .... ❑ ... El.... ❑ ... ElWithdrawn Christopher Phillips Mover D ❑ ❑ ❑ Al Casella Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York April 14, 2025 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business No Action was taken. Comments made can be viewed on the Town's Video Website. X. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 8:36 PM. Town of Wappinger Page 12 Printed 4/24/2025 Regular Meeting Minutes April 14, 2025 Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Town of Wappinger Page 13 Printed 4/24/2025 4 R��R4�Y 4R4agao m a�n n<oe E Q tl Q cr Q LU N I e Min z m�R.- ti dd w� �Je ' 4. '�j ° tf L`J 6 7 Brio , m 47f Z w m E E if N _ d /�yV h Sana®Q a Z 2Y mY mYm Ab A1�.��-$ M.m� F,�'�°� - 3i zmuzim u75mw cio r w�ao¢aw r�� °o oz HH ° u - pz OHO Cpf[ �fHo s 6 wWWw ¢ a It. TmI lit .1 .7, 1' p\ 1 Z \ A } tIl.YAxVIL PPsoss.°x'$ LA.mA E? 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ZU,ULIU.UI.I Work will consist of the following. Infield - Complete ompiete strip of grass on entire infield area, Infield will have existing soil completely tilled and aerated Topsoil, compost and peat moss will be added its needed to rejuvenate the existing soil. Infield will be seeded, starter fertilizer, and hayed Infield will be completely edged along grasslclay lines Infield will be galled with I ton roller to compact, level sail, and press seed into soil Outfield: Entire Outfield will be De Thatched, Aerated and blown of all debris from De -thatching Spot areas in outfield will be then tilled Spat areas will have Topsoil, compost and peat moss added as needed to rejuvenate the existing soil. Spot areas will be seeded, starter fertilizer, and hayed Entire Outfield will also b v d d e o er see e and starter fertilizer Outfield will be moiled with i ton rol€er to Packet Pg. 16 compact, level soil, and press seed _ -,, O �y V 1..1 d.d E d.d W L Q NN� U- N N O N O M v O E E O U a II into soil 6.3 Work Wit Include all tabor and material needed to complete work. �• Services Holt f=ield Repair Estinmte $8,00ti.A0 �B,f�O0.Li0 Work will consist of the following: Infield q Entire infield will be De -Thatched, Aerated and blowri of all debris from De -thatching Spat areas in Infield will be then tilled Spot areas will have Topsoil, compost and peat muss added as needed w rejuvenate the existing soil. Spot areas will be seeded, starter fertilizer, and hayed Entire Infield Will also be over seeded and starter fertilizer Infield will be cornpiete�f edged along grass/clay lines N Infield will be Rolled with 1 ton roller to = O compact, level soil, and press seed n into soil O V Outfield: N Entire Outfield will be Do -Thatched, d Aerated and blown sof all debris from 4: De -thatching M E Spot areas in outfield will be then tilled N Spot areas wilt have Topsoil, compost W L and peat moss added as needed to M rejuvenate fho existing soil. Spat areas wiii be seeded, starter fertilizer, and hayed a Entire Outfield will also be over seeded �- and starter fertilizer N Outfield will be Balled with 1 ton roller to � O compact, level soil, and gess seed into soil N CL Work will include all labor and material O needed to complete work. fC 4. Services Tl -Ball 1 Field Repair Estimate $2,500-00 $2,500.00 O Work will consist of the following: E Infield O Entire Infield will be De Thatched, U Aerated and blown of aft debris from De -thatching Spot areas in Infield will be then tilled Spot areas will have Taps oil, compost and peat moss added as needed to rejuvenate the existing soil. Spat areas will be seeded, starter fertilizer, and hayed Entire Infield will also be over seeded and starter fertilizer Infield Will be completely edged along grassiclay Tines Infield will be Rolied with "I ton roller to compact, level soil, and press seed into soil Work will include all labor and materiai needed to complete work. Packet Pg. 17 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-92 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6375 Resolution Declaring April As Volunteer Appreciation Month In The Town Of Wappinger WHEREAS, the Town of Wappinger is home to hundreds of dedicated volunteers who assist in supporting organizations and causes across our region, and WHEREAS, the Town of Wappinger recognizes the hard work, dedication and passion of volunteers and national service members throughout our nation, and WHEREAS, government alone cannot meet all of our nation's needs, so we partnerwith businesses, faith -based organizations, non-profit organizations, foundations and individuals who serve in Town government and in our community to make a difference, and WHEREAS, the Town of Wappinger is committed to encouraging volunteerism and national service among its employees, residents, partners, businesses and organizations, and NOW, THEREFORE, the Town Board of the Town of Wappinger hereby does proclaim the month of April 2025 as "Volunteer Appreciation Month" in the Town of Wappinger and urge our residents to volunteer or give service in our community throughout the year. Byvolunteering and recognizing those who serve, we promote partnership, understanding and collaborative problem -solving in our community. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/9/2025 11:40 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-93 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6374 Resolution Declaring April As Autism Acceptance Month In The Town Of Wappinger WHEREAS, although new medicines and therapies may enhance life for sometime for people with Autism more work is needed for a cure, and WHEREAS, increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Autism, and WHEREAS, a multidisciplinary approach to Autism disease care includes local wellness, support and caregiver groups, and WHEREAS, April has been proclaimed as World Wide Autism Acceptance Month for all to recognize the need for more research and help in dealing with the devastating effects of Autism, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby recognize and proclaim April as Autism Acceptance Month and does offer its endorsement to the efforts of the National Institutes of Health. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/9/2025 11:38 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-94 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6379 Resolution Re -Appointing Coordinated Assessment Agreement Town Assessor WHEREAS, the Towns of Wappinger and Fishkill are empowered toe nter into an Inter -Municipal Agreement to appoint one Town Assessor to hold the office of and act as the Town Assessor in both Towns, pursuant to Sections 576 and 579 of the Real Property Tax Law and pursuant to Article 5-G of the General Municipal Law, and WHEREAS, the Towns of Wappinger and Fishkill entered into an Coordinated Assessment Agreement, on December 28th, 2006 and said agreement has been reviewed by the Towns from time to time, and WHEREAS, the Town of Wappinger enacted a Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill with the enactment of Local Law No. 8 of the Year 2006 which is codified at Chapter 150 of the Town of Wappinger Code, and WHEREAS, the Town of Wappinger and Town of Fishkill jointly appointed and then reappointed Christian Harkins as the CAP Assessor for both Towns, and WHEREAS, pursuant to Real Property Tax Law §§ 310 and 579(3)(x) the term of the CAP Assessor for both Towns is six years, with the next term commencing on October 1, 2019, and WHEREAS, the Town of Board of the Town of Wappinger believes that it has been very ably served by the incumbent Town Assessor Christian Harkins and wishes to reappoint him for another six year term commencing on October 1, 2025; and WHEREAS, officials of the Town of Fishkill indicated that the Town of Fishkill also wishes to reappoint the incumbent CAP Assessor; and WHEREAS, the CAP Assessor is a Non -Competitive Confidential and Policy Influencing title under the Rules of the Dutchess County Department of Human Resources; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby reappoints Christian Harkins to serve as the Single Assessor for the Coordinated Assessment Program between the Towns of Wappinger and Fishkill for a six year term commencing on October 1, 2025 subject to joint approval by the Town of Fishkill. 2. The Town Board herebywaives the need to conduct any interviews to fill the position as the incumbent assessor is most qualified for the position. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources and other State Agencies as required by Law. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/10/2025 11:07 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-95 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6380 Resolution Appointing Seasonal Laborers In The Buildings And Grounds Department WHEREAS, the Town Board has determined that hiring seasonal employees in the Buildings and Grounds Department to assist with them a intenance of Town parks and facilities is necessary, and WHEREAS, the Rules of Dutchess County Civil Service authorizes the appointment of employees by the Town on a seasonal basis, and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of five employees as Groundskeepers on a seasonal basis, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Thomas Johnston as Seasonal Laborerwho shall be compensated at $21.33 per hour with a starting date retroactive to March 26, 2025. 2. The Town Board hereby appoints Michael Kotash as Seasonal Laborer who shall be compensated at $21.33 per hour with a starting date retroactive to April 7, 2025. 4. The Town Board hereby appoints Joshua Vargas as Seasonal Laborer who shall be compensated at $21.33 per hour with a starting date of April 14, 2025. 5. The Town Board hereby appoints Francis Steinhauer as Seasonal Laborer who shall be compensated at $21.33 per hour with a starting date of May 5, 2025. 4. This appointment is a seasonal appointment in accordance with the rules of Dutchess County Civil Service. 5. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 6. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 7. The 2025 Budget makes appropriations for this position. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/10/2025 11:09 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-98 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinmeTraq Admin Sponsors: DOC ID: 6383 Correspondence Log - 2 25-04-14 Number To From Date Date Rec' I Re: Agenda Date 04-14-001 Town Board Heather L. Kitchen 4110/2'025 4110/2025 Town Justice Monthly Report, March 2025 4114/2'025 04-14-002 Town Board Nicholas C Maselli 4110/2'025 4110/2021own Justice Monthly Report, March 2025 4114/2025 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/10/2025 1:18 PM by Joseph P. Paoloni Page 1 Ilk co T Lo N O N co W w It - 4 4 O 1 Lo N O N E m a LO LO 0 0 M a N N M d cvrr a ar a N N O O N N U U m N Q Q T C C U U I--' F ©Lo Lo 4 4 O <D A X00 O I ® N O N O 0 CL (no - ��0 L � � L 2 ® � U 1 L m 0 o = Z o � � co m m°mn c c 3 3 o a rr G1 T N C) O 9 O Z 9 T Ilk co T Lo N O N co W w It - 4 4 O 1 Lo N O N E m a TOWN JUSTICE HEATHER L. KITCHEN April 8, 2025 TOWN OF WAPPINGER W 4) NSTICE COURT 20 MIDDLESUSH RD WAPPINGERS, NY 12590-0324 (845)297-6070 (845) 297-7739 FAX (845) 297-0145 COURT YOURS: Tuesday 5:30 P.M. 2'a and 4'b Wednesday's 5:30 P.M. I" and 3' Thursday's 5:30 P.M. Supervisor Cavaccini and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappinger, NY 12590 7.6.a' P4.44 TO%NW JUSTICE NICHOLAS C. MASELLI Re: Heather L, Kitchen, Town Justice Monthly Report, March 2025 Dear Supervisor Cavaccini and Members of the Town Board; The following is a report of the cases disposed of during the month of March 2025; 15 Penal Law matters resulting in $780.00 collected in fines and fees. 193 Vehicle and Traffic Law matters resulting in $20,183.00 collected in fines and fees. 5 Civil Matters resulting in $85.00 collected in fees. 19 Termination of Suspension matters resulting in $1,925.00 collected in fees. 1 Executive Law matter resulting in $50.00 collected in fees. 2 Tax Law matters resulting in $0,00 collected in fees. I Transportation Law matter resulting in $0.00 collected in fees. I have forwarded a check in the amount of $23,023.00 to the Town of Wappinger Comptroller. In addition, I am holding $27,695.00 in pending bail. Respectfully spTNtted, Heath;_L. Town Justice Cc: Joseph Paoloni, Town Clerk TOWN JUSTICE HEATHER L. KITCHEN April 8, 2025 TOWN OF WVAP.PTNGER 00-oy- JUSTICE COURT 20 MIDDLEBUSH RD WAFFINGERS, NY 12590.0334 (845) 297-5070 : (845) 297-7739 FAX: '(845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2" and 41 Wednesday's 5:30.P.M. I' and 3' Thursday's 5:30 P.M. Supervisor Cavaccini and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappinger, NY 12590 N 00 TOWN JUSTICE NICHOLAS C. NIASELLI . 66N e d. qef a��� Re: Nicholas C. Maselli, Town Justice Monthly Report, March 2025 Dear Supervisor Cavaccini and Members of the Town Board; The following is a report of the cases disposed of during the month of March 2025; 42 Penal Law matters resulting in $680.00 collected in fines and fees. 228 Vehicle and Traffic Law matters resulting in $29,387.00 collected in fines and fees. 10 Civil Matters resulting in $107.00 collected in fees. 19 Termination of Suspension matters resulting in $2,170.00 collected in fees. 3 Town Ordinance matters resulting in $750.00 collected in fees. 3 Tax Law matters resulting in $0.00 collected. 1 Transportation Law matter resulting in $350.00 collected in fees. 1 Executive Law matter resulting in $50.00 collected in fees. I have forwarded a check in the amount of $33,494.00 to the Town of Wappinger Comptroller. In addition, I am holding $15,115.00 in pending bail. Respectfully submitted, Nicholas C. Maselli Town Justice Cc: Joseph Paoloni, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-97 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6382 Resolution Authorizing The Town Supervisor to Enter into a Stipulation of Settlement Regarding a Pending Matter Involving Employee #9672 BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the termination of Employee #9672. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the calculation and payment of any benefits due to this employee in accordance with the Town of Wappinger Personnel Policy/Manual. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/16/2025 12:34 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 WITHDRAWN RESOLUTION 2025-90 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Local Law Adoption Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6378 Resolution Adopting "Local Law No. 3 of 2025, for the Purpose of Amending Chapters 240-5, 240-19, 240-20 of the Town Code With Respect To A Variety Of Definitions" WHEREAS, the Town Board has considered the adoption of Resolution Introducing "Local Law No. 3 of 2025, for the Purpose of Amending Chapters 240-5, 240-19, 240-20 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 April 14, 2025 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board 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, 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 it was determined to be a matter of local concern; 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 (7) 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 2025, a copy of which is attached hereto and made a part of this Resolution; and Updated: 4/9/2025 12:42 PM by Joseph P. Paoloni Page 1 Resolution 2025-90 Meeting of April 14, 2025 The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... .................. RESULT: WITHDRAWN Updated: 4/9/2025 12:42 PM by Joseph P. Paoloni Page 2 LOCAL LAW No. OF THE YEAR 2025 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. _ of 2025, for the Purpose of Amending Chapters 240-5, 240-19, 240-20 of the Town Code With Respect To A Variety Of Definitions" Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and Chapters 240-5, 240- 19, 240-20 of the Town Code With Respect To A Variety Of Definitions". 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 Chapters 240-5, 240-19, 240-20 § 240-5 Definitions. As used in this chapter, the following terms shall have the meanings indicated: BUFFER, WETLAND, WATERBODY, or WATERCOURSE. See Chapter 137-5 for the definition of the term Buffer. BUILDABLE LOT—A lot having a buildable area capable of accommodating proposed principal and accessory improvements, and including, where required, an on-site water supply facility and sewage treatment system that meet the standards of the Dutchess County Department of Health. A buildable lot shall also adjoin and have access to an improved street. BUILDABLE YIELD —The number of potential building lots or the maximum unit density for a proposed subdivision after deduction of constrained land areas and public improvements on the parent parcel and the minimum yard, area and bulk requirements for each proposed lot have been met. CLUSTERING —shall mean a subdivision plat or plats, in which the applicable zoning ordinance may be modified what is allowed to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping as is what is legally required within the town code in order to preserve the natural and scenic qualities of open lands providing it is in a zone that permits its use. CONSTRAINED LAND Constrained land means land that is not capable of being developed because it is constrained by demonstrable physical constraints including watercourse traversing property; planning scheme requirements includingopen space bufferto main roads, land required to be transferred to Council for public park or community facilities; constructed or required infrastructure including power line easement, main road ortrunk infrastructure requirement. The above constraints do not extend to any matters required as part of the development, including but not limited to the construction of streets, footpaths, pathways, stormwater drainage, carparks, pumping stations or the 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 established by law and any amendments thereto adopted by the Town Board or additions thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats. Drainage systems may also be shown on this map. OPEN SPACE or OPEN 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 Town of Wappinger Comprehensive Plan. For purposes of this section, natural resources shall include but not be limited to agricultural lands used or possessingthe potential for use in bona fide agricultural production, mature forest, and scenic areas. The term shall not include wetlands, wetland buffers, easements, screening or buffering. It also shall not include land that is paved, land used for storage, parking or circulation of automobiles or occupied by any structure unless such structure served the agricultural, scenic, recreational or other open space use or enhances access thereto and use thereof. An open space shall not be just land "left over" because of its unsuitability for development. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and nature and extent of improvements suitable, fort he intended purposes. SMOKE OR VAPE SHOP An establishment primarily engaged in the retail sale of tobacco, tobacco products, or tobacco paraphernalia, electronic smoking devices, liquid nicotine containers or vapor products. A use shall be defined as a smoke orvape shop by considering factors such as the proportion of floor area dedicated to the display or sale of said products, the proportion of total revenue derived from said products, and the overall marketing or branding of the establishment. 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 ford etermination 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, may authorize the Planning Board to approve a cluster subdivision ONLY with respect to 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 numberwhich 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. (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 if the subdivision is not in conflict with the provisions of the Master Plan and complies with existing Town of Wappinger Zoning Codes forwhich the parcel 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 asset 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) The Planning Board, as a condition of any approval, may establish such conditions on the ownership, use and maintenance of such open lands shown on the plat is it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. The Town Board may require that such conditions be approved by the town board before the plat may be approved for filing. The provisions of this section shall not be deemed to authorize a change in the permissible use of such land as provided in the zoning ordinance or local law applicable to such lands and shall not be in conflict with the provisions of the town's comprehensive plan. (8) Alienation restricted. The Town Board of the Town of Wappinger may not alienate any interest in open spaces or open areas acquired by it under the provisions of § 247 of the General Municipal Law of the State of New York except upon the adoption of a local law by a majority plus one of the Town Board authorizing the alienation of said interest, subject to mandatory referendum by the electors of the Town of Wappinger. 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 50 feet wide, except that in the R -5A, R -3A, R-80, R-40/80 Districts, no portion of said access and frontage strip of land shall be less than 100 feet wide. This applies only to Flag Lots leading to larger lots or interior land locked lots that would be used for sub -division purposes only. The front yard setback of such a flag tots ha Ube 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. Should amend 240 Attachment 3, in Note 3. It's reserved. Add "See 240-20B for 1 00'frontage requirement for flag and radial lots in the R -5A, R -3A, R-80, R-40/80 Districts. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-89 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Local Law Adoption Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6377 Resolution Adopting "Local Law No. 2 Of 2025, For The Purpose Of Regulating Smoke And Vape Sales In The Town Of Wappinger" WHEREAS, the Town Board has considered the adoption of Resolution Introducing "Local Law No. 2 Of 2025, For The Purpose Of Regulating Smoke And Vape Sales In The Town Of Wappinger"; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 14, 2025 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board 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, 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 it was determined to be a matter of local concern; 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 (7) 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 2025, a copy of which is attached hereto and made a part of this Resolution; and 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. Updated: 4/9/2025 12:37 PM by Joseph P. Paoloni Page 1 Resolution 2025-89 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Meeting of April 14, 2025 Updated: 4/9/2025 12:37 PM by Joseph P. Paoloni Page 2 LOCAL LAW No. 2 OF THE YEAR 2025 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 2025, for the Purpose of Regulating Smoke and Vape Sales in the Town of Wappinger" Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to regulate the sale of smoke and vape products in the Town of Wappinger. 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. Creation of 240-81.9 Smoke Or Vape Shop. Section 240-81.9 shall be added after 240-81.8: 240 -81.9 SIriwmailke Or Vape &1hop L.a,&laml:ive ilinl:a,int. 1I1he ]["owin IFSoamlyd Iheirebyfilinds l:lhaml m,eir:am in Ikmmmsm mess a mcl:ilmmillies, Ikmy 11he, it inamtuire,Iha ve seirilapus a pbjm-,cl:ioinamlble a p1peiraml:ioinaml. (,,[iamlramm.,teirr 1i(,,s whir ,,[i (min lead to waiginffica int i iwm1pa c,t oin Elle imm.mlrlraim.mindlting ("olriwmlriwmm.mini y 1I1he ]["owin IFSoamlyd fuirtltieir IIlinds 11haml:11he m.mincoin Irol.led pirol.ilfeiraml:ioin of immmcti m.mses would Ik e iluim..aiuiimiliml:a,uil:mrvrill:lli 1:Ihe exoslJing devel.ap1lmlriwma int a ind immtuire plans for 11he ]["owin of Wam11m11mitinl eir i in 11haml:11hey ail`lein Iresult i in i infl.m.ma,uim. es oin Elle m.,ailriwmlriwmm.min ty Whil ,,[i m. mindeiririwmi ine l Ibis, e(,, pinaplriw k,,, 1ptiysilm.ml. a ind imaim.,iaml welfamlre of 11he m.,ailriwmlriwmm.min ty. Smmm. ti menses have Ikma ein fa:im. ind to m.,aiintirr lkmm. to to the IW.itlm til:i ing of imuiriraim.min&ng Ira,imita einlJaml. a ind cailriwmlriwma irc,iaml. a irea s a s a;i result of 11he related 1moteinlJal forttie m.m r deir�riwml inrid of 11he e(,,a:pricplriwmk,, a and wmom�.,llal we l fam Ir e of l Il i e m., a i I n Iriwm a in i l:y am in d Ikmy d e to Ir Ir i in g i inve iml:lriwm e in t i in am in d i Iriwm 1p Ira ve IY iwm e in l: of f s u Ir Ira i u in &n lm piro1l eirl.ies. penmen. ti menses (min adversely illYiwm1pamc 11he geineiraml. Iheaml:11h, safety a ind e(,, pinaplriw k,, wellbeiing of Elle m-,inl: ire m.,ailriwmlriwmm.min ty. IF:uirttieir, Elle locaml:ioin of 11ha,se menses Iriwmamy Ike i in a irea s Wherre youl1h Iriwmamy regul.a irly amwmwma,lriwmlble a ind 11he geineiraml a ml:lriwmapwm1ptim ire einccnnpassiing their ai1peiraml:ioin is of gireail: (,,oinm. eirin to llhe ]["owin IFSoailyd. 1I Ibis, 11mm.mlr1lma: se of lllios secl: oin Dien to1pirm-,mra int llhe m inirm-,stirllm,,ted pirol.ilfeiraml:ioin oir m. aiuim. a,uil:lraml:ilapui of immmm. ti Ikmm.mwmhnm-,sses, to wm1lma,m.11licamll.y l.illriwmit a ind Ireduce 11he, it 1lmapleinlilaml. a mm.,m.,a,wmwmillkmillilly to m.,[iill.direin a ind to a,inwmm. ire 11haml: l Ibis, effects of immmm. ti Ikmmmwmilina,wmses mrvrill.l. not adversely amifa,cl: llhe Iheam[11h, safety a ind e(,,apinaplriw k,, mrvrm-,ll._Ikma,i in of llhe m.,ailriwmlriwmm.min ty, Ikmy einamciJin m.,Iriteiriam for 11he es am lkml.itimtilYiwma int of imlriwmailke oir vam1pe stiailps iin 11he ]["owin. F. Sta indalyds. flap Ihelp ac,[illm-,ve Elle above -stated goals a and to 1pirc lriwmote Elle a plkmla,cl.11ves of 11he ]["owin Coirnpiretieinslve Plain, 1111" e girainiiing of spe(,,Ial peirirnt appiroval Iby 11he Plaininling Board stiall be subject to 11he fapllapnrvri ri Ira,qn.nillrernneints iin adOioin to 11he reqkflirerneints of spe(,,ial Ipeirlrnwmt appiroval iin § 240-44 lheireiin. (1) INot rnoire 11hain oine sirnoke and oir vape stiop stiall Ikea, peirirnittted oin airly lot. (2) INN sirnoke oir vamp" stiop stiall Ikea, peirirniltted oin any lot Whk,,[i is located Mlhin 3,500 feet of ainy ollheir lot (,,ointaainaing a sirnoke aind oir vape stlop. (3) INN sirnoke aind oir vape stiop stiall Ikea, IpeirlYnw0led iin ainy Iknn.nRdink Whk,,[i is located Mlhin 400 Feet of any iresildeinlial dwel[Jing. (4) INN sirnoke aind oir vape stiop stiall Ikea, IpeirlYnw0led iin ainy buR&ngWhk,,[i is located Mlhin 400 feet of ainy lot of Whk,,[i lAhire os located an sc,[iool, day-caire (,,einteir, Iplance of woirstil p oir ollheir ire[Jgbus iinslitulioin, Haar nirnuirifty (,,einteir, publk,, Ipanlrll oir Iplanyiing Held. (5) INo sirnoke aind oir vape stiop stiall Ikea, IpeirlYnw0led iin ainy buR&ngWhk,,[i is used iin Whole oir �inpairt foir iresildeinlial Ipuirpapw es. INN iresildeinlial use stiall Ikea, estabUstied i i n an Iknn.nRding ofwtik,,ti ainy pairt as used as a sirnoke aind oir vape stiop. (6) Smoke aind vape stiops stiall (,,oirnply Mlh all ollheir Ira,gkflirerneints of 11he Zoinl ing Law as well as all applkmble Towin, (,,ouinty, state aind federal laws aind regulalJoins. (7) Smoke and vape stiops, stiall (,,oinslitute no rnoire 11hain 1 (Mo of 11he stores of floor space. Town of Wappinger Meeting: 04/14/25 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2025-84 DOC ID: 6369 Introducing "A Local Law for the Purpose of Amending Chapter 240, Zoning, to include." Short Term Rentals WHEREAS, the Town Board is considering the adoption of "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code to include." Short Term Rentals"; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of 2025 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law of 2025 for 7:00 PM on the 28th day of April, 2025 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law. Updated: 4/16/2025 12:10 PM by Joseph P. Paoloni Page 1 Resolution 2025-84 HISTORY: Meeting of April 14, 2025 03/24/25 Town Board TABLED Next: 04/14/25 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/16/2025 12:10 PM by Joseph P. Paoloni Page 2 NEW YORK STATE DEPARTMENT OF STATE STATE STREET ALBANY, NY 12231 Local Law Fili (Use this form to file a local law with the Secretary of State.) Town of WAPPINGER Local Law No. of the year 2025 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code to include." Short Term Rentals" Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. of 2025, for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Short Term Rentals." Section 2. Legislative Intent 240,,, . Short Term Rentals Legislative intent. This Local Law is enacted to allow the use of housing units in the Town of Wappinger for short-term rental purposes so as to enhance the tourism economy of the Town while protecting the safety of renters and the privacy of residents; ensuring that the value of housing is tied to its use for residential purposes; and helping to maintain the affordability of both home ownership and rental units. The intent of this Local Law is to regulate the use of residential structures for short-term rental purposes by defining such uses in the Town of Wappinger Zoning Law and providing minimum quality of life, environmental, land use, building code safety and short-term rental operational requirements to be met in permitting these uses to be established. This Local Law is intended to apply to all existing and future housing units in the Town and to dictate the requirements for the establishment of a short-term rental. Section 3. Amendments to Chapter 240- , Zoning DEFINITIONS: As used in this section, the following words shall have the meaning indicated: DWELLING UNIT A building, or portion thereof, providing complete housekeeping facilities for one family. OCCUPIED PRIMARY RESIDENCE A dwelling unit used by the owner as his or her primary residence. All owners of the business entity must use the premises as his or her primary residence. When a property is titled in the name of a trustee, the property shall be considered an occupied primary residence if the grantor or grantee is the occupant of the property. OWNER Any individual or individuals, partnership or corporation or other organization in possession of and having a fee interest in the real property. The term "owner" shall include a corporation, limited -liability company, partnership, association, trustee, or other business entity or nonbusiness forms of ownership. PERSON Any person, individual, corporation, governmental entity, partnership, association, trustee, or other legal entity. PRIMARY RESIDENCE The primary location that a person inhabits throughout the year. SHORT-TERM RENTAL A dwelling unit, or a room or group of rooms within a dwelling unit, made available to rent, lease or otherwise assigned for an occupancy of less than 30 consecutive days. The term "short-term rental" does not include dormitories, hotel or motel rooms, bed -and - breakfast inns or lodging houses, as permitted, and regulated by the Town of Wappinger. T: Short -Term Rental TENANT Any person holding a written lease to occupy, use and possess the whole or part of any building or real property, either alone or with others for more than six months. Section 4: RESTRICTIONS The following restrictions shall apply to all short-term rental properties: 1.) Short-term rental properties shall not be located in anything other than a single - occupancy building. STRs are prohibited in multi -family residences, accessory buildings, RV's and mobile homes. 2.) Short-term rental properties are permitted in the following Zoning Districts. R-40, R-40/80, R-80, R -3A & R -5A only. They shall also be prohibited on properties with nonconforming lots. 3.) Short-term rental properties are prohibited from sharing a driveway with another property. 4.) Garbage and other refuse can only be left out for collection the night before pickup, and all refuse containers shall be removed from the curb once emptied. 5.) Short-term rentals may not advertise for occupancy greater than two people per bedroom. 6.) The owner of the property or the owner's agent must respond and be present at the property upon 24 hours notice when the property is rented. 7.) Not more than one Short -Term rental shall be permitted on any lot. 8.) No short-term rental shall be permitted on any lot which is located within 1,500 feet of any other lot containing a Short -Term rental. 9.) No Short -Term rental shall be permitted in any building which is located within four hundred feet of any lot on which there is located a school or day-care center. Section 5: Annual operating permit; application. A. Application process 1.)The owner of a short-term rental property shall register the property with the Building Department on an annual basis. The information provided shall include the name, address, and contact information for the owner, as well as the name, address, and contact information for the local agent, if different from the owner. As part of the registration process, each applicant shall complete an annual fire inspection with the Town of Wappinger Fire Inspector. 2.) In submitting the application for a new permit or any renewal, the owner consents to an inspection of the property to ensure compliance with all conditions. The property shall be inspected by the Building Department at the time of the initial application and prior to any permit renewal, to determine whether the property remains in compliance with the section and all other applicable provisions of the Town Code, the International Series of Codes and New York State Code Supplement. If the Building Inspector determines that the short-term rental space is not in compliance, the owner shall cease use of the dwelling unit as a short-term rental until all noncomplying elements have been corrected and the owner shall apply for reinspection with the Building Department, subject to an additional fee as set forth in the Town of Wappinger Fee Schedule. 3.) Permit required. It shall be unlawful to use, establish, maintain, operate, occupy, rent, or lease any property as a short-term rental without first having obtained a short-term rental permit. 4.) Copy of utility bill in the applicant's name. 5.) Application fee $250.00 6.) Yearly renewal $250.00 (To include evidence of payment of the hotel occupancy tax required by Dutchess County for the prior fiscal year.) B. Required Submittals The following shall be provided: 1.) A completed annual permit application and fee as designated by the Town Board by Resolution. 2.) Proof, such as a Health Dept. approval for the structure, that the sanitary sewer or septic system has the capacity for the number of bedrooms in the structure. 3.) A property map that clearly depicts the property boundaries. 4.) A floor plan showing the location of the short term rental area within the structure with the location of a smoke detector in each sleeping room and each other room, the location a fire extinguisher in the kitchen and at each exit, and at least one carbon monoxide detector. Floor plans are not required to be professionally prepared. 5.) A safety/egress plan, to be posted in the rental unit in a visible location and on the back of each bedroom door. 6.) A parking layout plan identifying where visitors' parking is to be located. This plan shall accommodate sufficient parking for tenants and residents. The parking shall include one (1) parking space per bedroom plus, one (1) additional space. Parking design and placement shall be accommodated off- street and shall not restrict access for fire and safety vehicles. 7.) Provide a waste removal plan. Garbage shall not be allowed to remain curbside for a period greater than 24 hours and shall be placed within a sealed container. Property owners shall be responsible for clean-up of any garbage strewn by animals. 8.) A statement that littering is illegal. 9.) A statement that all outdoor fires must be always attended. Only seasoned wood may be used for the fire. Wei 1.) STR's must register with Dutchess County and a copy of said registration is to accompany STR Applications to the Town of Wappinger Building Department. 2.) STR's must pass a yearly fire/safety inspection by the Town of Wappinger Fire Inspector and the report of said inspection is to be attached to STR annual renewal permit applications. All STR units must comply with NY State Building Code requirements and shall have no open violations. STR shall be limited to Single Rentals (multiple rentals simultaneously are not permitted) per home. 10.) The STR establishment shall be limited to a maximum capacity of two (2) guests per bedroom. Children twelve years old and under are not counted as guests. 11.) Complaints and Violations issued by the Town of Wappinger CEO will be considered at annual renewal. Three (3) Violations within any 12 -month period or portion thereof will be grounds for permit termination. 12.) Only the property owner is permitted to register an STR. 13.) The host will provide guests with copies of local laws pertaining to noise, fire, and safety requirements. Emergency contact information as well as E911 address of property shall be clearly identifiable. 14.) The street address of the property shall be clearly identifiable from the street and shall be posted in a visible location on the bedroom door. 15.) Approved STR's will be assigned a registration number that must be included in all rental listings, both print and on-line and posted within the STR. 16.) Exterior advertising is prohibited. 17.) Temporary Structures, Sleeping Tents, Trailers, and RVs are not permitted in this regulation and are prohibited for the purpose of STR. 18.) There shall be one functioning smoke detector in each sleeping room and at least one functioning smoke detector in at least one other room, one functioning fire extinguisher in the kitchen and at each exit, and at least one carbon monoxide detector. In addition, the premises must comply with all NYS Building and Fire Code regulations, as the same may be amended. 19.) Electrical systems shall be serviceable with no visual defects or unsafe conditions. 20.) All fireplaces, fireplace inserts or other fuel burning heaters and furnaces shall be vented and properly installed. 21.) Each sleeping room shall have an exterior exit that opens directly to the outside, or an emergency escape or rescue window. 22.) No owner shall offer or use any part of the property as a short-term rental not approved for residential use, including but not limited to, vehicles parked on the property, a storage shed, recreation room, trailer, garage, or any temporary structure such as a tent. 23.) A short-term rental property shall not be rented for any other purpose, commercial or otherwise, not expressly permitted under this section, such as concerts or weddings or a special event. ),,,,,,,,,,,,,,,The current short-term rental permit shall be prominently displayed inside and near the front entrance of the short-term rental. Sect,iiion " 7 ,, Violations. Any of the following shall constitute a violation of this chapter: A. 1.) Failure to comply with any provision of this chapter including without limitation by reason of specification, the Restrictions and the Operational Requirements listed above and any of the following numbered items. 2.) Advertising or listing an STR without a valid permit or registration, or without including the permit or registration number on the advertising or listing, or advertising or listing an STR for a greater occupancy than permitted. Presumptive evidence. The existence of any of the following shall create a rebuttable presumption that a property is being utilized as a short-term rental: The property is offered for lease or rent on a short-term rental website, including but not limited to Airbnb, NomeAway, VRBO or similar websites; or the property is offered for lease or rent using any other advertising mechanism for a period of fewer than thirty consecutive days. 3.) Operation of an STR without a valid permit or registration or for a greater occupancy than permitted. 4.) Failure to properly display a valid annual operating permit or registration or the required safety/egress plan, waste management plan, copy of Chapter 166 (Noise. 5.) Fraud or misrepresentation with respect to any information provided to the Town in connection with the STR application or its operation. 6.) Violation of Chapter 166, Noise. 7.) Activity at the property that creates a public nuisance, or otherwise constitutes a danger to the public health, safety, welfare, or morals. 8.) Failure to have on operating smoke detector or carbon monoxide detector or having an expired fire extinguisher. B. Suspension or revocation of a permit or registration. (1) A notice of violation may be issued by the Zoning Enforcement Officer or Building Inspector for any violation of this Chapter. The notice of violation shall describe the violation and require the permit holder to immediately correct the violation or cause the violation to be corrected. (2) The notice of violation shall be provided to the permit holder by personal service, by regular mail to the address submitted with the permit application, or by posting at the STR. (3) Failure to correct the violation or cause the violation to be corrected shall be grounds for immediate suspension or revocation of the permit or registration. C. Enforcement. (1) The requirements established by this chapter shall be administered and enforced by any law enforcement agency that has jurisdiction in the Town of Wappinger, the Town of Wappinger Zoning Enforcement Officer, Code Enforcement Official/Building Inspector and Town Attorney or his/her designee and such other employees and/or officials authorized by the Town Board. (2) In addition to any administrative remedy, pursuant to the provisions of Municipal Nome Rule Law, § 10, Subdivision 4(a), and the Criminal Procedure Law, § 150.10, Police Officers, the Zoning Enforcement Officer and Code Enforcement Official/Building Inspector of the Town of Wappinger are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Wappinger, when he or she has reasonable cause to believe a person has violated, in his or her presence, Chapter _ of the Code of the Town of Wappinger, entitled "Short -Term Rentals," and to prosecute the violation in Town Court. D. Penalties for offenses. (1) Violation of any provision or requirement of this chapter or violation of any statement, application, permit, or registration approved under the provisions of this chapter shall be considered an offense punishable by a fine set annually by resolution of the Town Board which shall not be less than $500 and/or imprisonment for not more than six months for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 and/or imprisonment for not more than six months; and upon conviction for a third or subsequent time within a period of five years, punishable by a fine of not less than $3,000 nor more than $5,000 and/or imprisonment for a period of not more than six months. (2) The owner, agent, or operator of a building, premises, or part thereof where such violation has been committed or does exist and any agent, corporation or other person who commits, takes part, or assists in such violation shall be individually liable for such an offense. All such penalties shall be collectible by and in the name of the Town. Every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense. (3) Conviction of a violation of this chapter shall constitute and effect an immediate forfeiture of any permit or registration hereunder held by the person so convicted. (4) Without limiting any other remedy, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this chapter. Section 8. Zoning Amendment District Schedule of Use Regulations shall be amended by adding a new use category entitled Short -Term Rentals, which shall be permitted, subject to issuance of a permit by the Town of Wappinger Building Department, under the heading ACCESSORY USES and shall be added under residential uses as Permitted (P), in R-40, R-40/80, R-80, R -3A & R -5A District zoning districts. Amend Chapter 240 Attachment 2 Schedule of Use Regulations Residential Districts Town of Wappinger to include Short Term Rentals as a permitted use with a building permit in the R-40, R-40/80, R-80, R -3A & R -5A District. Section 9. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted, and confirmed. Section 10. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 1. Severable The provisions of this Local Law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 12. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Dutchess County Department of c ate #pgs 8.4.b Planning and Development .FaxCo.pt. o # Fax # P n Hror,e # 239 Planning/Zoning Referral - Exemption Communities Municipality: Town of Wappinger Referring Agency: Municipal Board Tax Parcel Numbers(s): Project Name: Short Term Rentals Local Law Applicant: Town of Wappinger Town Board E E L Address of Property: Exempt Actions:* Actions Requiring 239 Review Parcels within 500 feet of: °� 239 Review is NOT Required Comprehensive/Master Plans F-1 State Road: ' � 1 � Administrative Amendments (fees, penalties, etc.) Zoning Amendments (standards, uses,procedures, definitions, district regulations, etc.) y F-1 Count Road: O= 9 Special Permits for residential usesF-1Other (accessory apts, home occupations, Local Laws associated with zoning (wetlands, historic affordable State Property with recreation area p y (G N etc.) preservation, housing, architectural review, etc.) or public building) • Use Variances for residential uses Rezonings involving all map changes F County Property (with recreation F area or public building) ctrl e> Area Variances for residential uses Architectural Review ❑ Municipal Boundary Renewals/Extension of Site Plans or Special Permits that have no changes F-1SitePlans (all) Farm operation in an Agricultural U from previous approvalsDistrict F-1 Special Permits for all non-residential uses = :a No Authority to review these Actions = • Subdivisions / Lot Line Adjustments ❑Use Variances for all non-residential uses E • Interpretations ❑Area Variances for all non-residential uses ❑Exempt Action submitted for informal ❑ Other (Describe): J review U 0 Date Response Requested: 4/14/2025 Entered By: Paoloni, Joseph Q *These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.* For County Office Use Only Response From Dutchess County Department of Planning and Development No Comments: Matter of Local Concern ❑ No Jurisdiction ❑ No Authority ❑ Withdrawn ❑ Incomplete - municipality must resubmit to County ❑ Exempt from 239 Review F-1 None Date Submitted: Notes: Date Received: Date Requested: 4/14/2025 Date Required: Date Transmitted: Comments Attached: 0 Local Concern with Comments ❑ Conditional ❑ Denial ❑ Incomplete with Comments- municipality must resubmit to County ❑ Informal Comments Only (Action Exempt from 239 Review) Ej Also mailed hReviewer: hard copy Major Project Referral #: ZR25-087 Date Pri r U 0 L0 N O N to W ti 00 0 L0 N W N U M Q Town of Wappinger Meeting: 04/14/25 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions AYES: Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2025-91 DOC ID: 6376 Resolution To Authorize Funding For Pest Spraying At Town Athletic Parks WHEREAS, the Supervisor of Buildings and Grounds received a quote from Waverly Pest Control, a Town of Wappinger business, to remedy the situation at Robinson Lane Baseball Complex for $5,500. WHEREAS, the Town Board agreed to treat two other parks, Rockingham Park Soccer Complex, and Airport Park Soccer Complex for an additional $5,000 and resume field activity, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the amount of $10,500.00 payable to Waverly Pest Control from B Fund Balance. 3. Town Supervisor Joseph D. Cavaccini is hereby authorized and directed to execute any and all contracts on behalf of the Town. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/9/2025 12:19 PM by Joseph P. Paoloni Page 1 Waverly Pest Control, Inc. PO BOX 1231 ( Wappingers Falls, NY 12590 P:845-297-6700 F:845-297-0390 mrwaverly2@gmail.com www.waverlypc.com Billing Address Town Of Wappinger Attn: Sal Messalle 20 Middlebush Road Wappingers Falls, NY 12590 Service Address Robinson Lane Park 95 Robinson Lane Wappingers Falls, NY 12590 Estimate Date Expiration Date Mar 21, 2025 Oct 31, 2025 ESTIMATE #1182 ACCOUNT #: 3352 PO #: Lawn Treatment 1.0 $5,500.00 $5,500.00 ENTIRE PARK AT ROBINSON LANE PARK. MOWED AREAS. PLEASE MOW THE LAWN PRIOR TO OUR SERVICE. LAWN TREATMENT for control of ticks, fleas, mosquitoes, and spongy moth caterpillars. The lawn will be flagged and your neighbors need to be alerted this service was performed. Lawn Treatment 1.0 $2,500.00 $2,500.00 ROCKINGHAM FIELD: Lawn service for the control of fleas, ticks, mosquitoes, and spongy moth caterpillars. The lawn will be flagged and your neighbors need to be alerted this service was performed. Lawn Treatment 1.0 $2,500.00 $2,500.00 AIRPORT DRIVE FIELD: Lawn service for the control of fleas, tics, mosquitoes, and spongy moth caterpillars. The lawn will be flagged and your neighbors need to be alerted this service was performed. Subtotal $10,500.00 Total $10,500.00 Notes It is advised to stay off the treated area(s) for 24 hours for best results. Product used for Lawn treatment: TEKKO Depending on the time of season a liquid or granular application will be applied. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2025-96 Meeting: 04/14/25 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6381 Resolution Authorizing Site Improvements To Be Performed At Carnwath Farms Historic Site And Park WHEREAS, through Resolution -2024-218 and Resolution -2025-40 the Town Board authorized interior enhancements at The Chapel at Carnwath Farms Historic Site & Park for the purposes of making the structure usable for public event rentals and receptions, and WHEREAS, the Friends of Carnwath Farms Historic Site & Park Inc. have agreed to spend over $20,000 of their donated funds towards landscaping and cosmetic improvements around the entry circle and The Chapel to make the site more attractive for public use, and WHEREAS, the walkway from The Chapel to the parking lot is in poor condition and should be improved for public safety and better accessibility to the facility, and WHEREAS, the Supervisor of Buildings and Grounds has obtained a quote for $14,950.00 from The Garden Experience to replace the walkway, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger authorizes $14,950.00 to be funded out of fund balance for these site improvements at Carnwath Farms Historic Site & Park. RESULT: ADOPTED [4 TO 11 MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella NAYS: Angela Bettina Updated: 4/10/2025 11:13 AM by Joseph P. Paoloni Page 1 The Garden Experience Inc 34 taft ave Poughkeepsie, NY 12603 US gardenexp84@gmail.com ADDRESS Town of Wappingers Falls 20 Middlebush Rd Wappingers Falls, NY 12590 II �stir13i.ate 1. 01.7 DATE 04/08/2025 DATE ACTIVITY DESCRIPTION QTY RATE AMOI Services For Carnwaht front sidewalk 1 4,200.00 4,200 Removal existing asphalt sidewalk and disposal Services Digg 8 inches, Installation of 1 10,750.00 10,750 Geotextile and 3/4 crashed stones for foundation. Pouring 6 inches of concrete to build a sidewalk of 5 feet wide by 100 feet long. labor and materials Thanks for your business Payment are 1/2 due at starting the work and the remaining when the job is completed. TOTA 1, HIA K )' Accepted By Accepted Date Town of Wappinger Meeting: 04/14/25 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2025-99 DOC ID: 6384 Resolution Correcting Salary Of Full Time Maintenance Worker In The Buildings And Grounds Department WHEREAS, on February 10, 2025, the Town Board promoted Juan Cabrera LLivipuma to a Full Time Maintenance Worker in the Buildings and Grounds Department, and WHEREAS, it was found that the hourly rate of paywas not increased from seasonal laborer to reflect his promotion to Full Time Maintenance Worker, and NOW THEREFORE BE IT RESOLVED: 1. The Town Board of the Town of Wappinger does hereby correct the rate of pay for Juan Cabrera LLivipuma to reflect his promotion to Full Time Maintenance Worker to $23.00 per hourwhich shall be paid in weekly installments, in accordance with the CBA. This change shall be retroactive to February 10, 2025. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/14/2025 7:18 PM by Joseph P. Paoloni Page 1