2008-2432008-243
Resolution Authorizing Purchase of Certain Parcels of Real Property from Dutchess
County after In Rem Tax Foreclosure
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August
11, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived at 7:07 PM)
Vincent F. Bettina (departed at 9:32 PM)
Joseph P. Paoloni
ABSENT: Maureen McCarthy
The following Resolution was introduced by Supervisor Colsey and seconded by
Councilman Beale.
WHEREAS, the County of Dutchess has obtained title to certain parcels of real property
located within the Town of Wappinger after in rem tax foreclosure proceedings by virtue of a
deed from Pamela Barack, Commissioner of Finance of the County of Dutchess dated June 27,
2008, and recorded in the Office of the Dutchess County Clerk on June 27, 2008, at Document
No. 02-2008-3950 (hereinafter the "In Rem Parcels"); and
WHEREAS, the County of Dutchess adopted a Land Disposition Policy by Resolution
244 of 1997 which allows municipalities within the County of Dutchess to acquire In Rem
Parcels from the County of Dutchess for public purposes by paying the back taxes due; and
WHEREAS, the Town Board has determined that there is a valid public purpose for the
Town of Wappinger to acquire three of the In Rem Parcels obtained by the County of Dutchess
after In Rem tax proceedings; and
WHEREAS, the identification of the parcels and their respective public uses are:
Parcel 1
Parcel Grid #:
135689-6158-02-870777-0000
Parcel Location:
1 Wildwood Dr, Town of Wappinger
Owner Information:
Absolute Property Management Inc.
Municipal Use:
Open Space Restricted by Subdivision Plat with Utility Easement
Parcel 2
Parcel Grid #:
135689-6158-02-820749-0000
Parcel Location:
120 New Hackensack Rd, Town of Wappinger
Owner Information
Absolute Property Mgmt Inc.
Municipal Use:
Open Space Restricted by Subdivision Plat with Utility Easement
009
Parcel 3
Parcel Grid #:
Parcel Location:
Owner Information
Municipal Use:
135689-6256-02-833769-0000
E. Salem Rd., Town of Wappinger
Darlene Cantarella
Road
WHEREAS, Parcels 1 and 2 have been the subject of much litigation concerning the
validity of the "open space" designation placed on the parcels by the Town of Wappinger
Planning Board in 1963; and
WHEREAS, the United States Court of Appeals for the Second Circuit, as well as the
New York State Court of Appeals have confirmed the validity of the "open space" designation
on these parcels; and
WHEREAS, the "open space" designation requires that these parcels remain in an
undeveloped condition; and
WHEREAS, acquisition of the absolute parcels will put an end to the litigation; and
WHEREAS, Parcel 3 is a small portion of a road that was inadvertently assigned a Tax
Grid Number; and
WHEREAS, acquisition of Parcel 3 will reinstate title in the Town of Wappinger; and
WHEREAS, the Town Board has determined that the acquisition of In Rem Parcels
would be in the best interests of the public health, safety and welfare of the residents of the Town
of Wappinger; and
WHEREAS, the County of Dutchess has advised that the outstanding taxes and fees that
need to be paid to acquire the parcels as of August 29, 2008 are:
Parcel 1 $16,597.21
Parcel 2 $4,279.96
Parcel 3 $390.17
TOTAL $21,267.34
WHEREAS, the County of Dutchess has scheduled an auction sale for the In Rem
Parcels on October 8, 2008; and
WHEREAS, the Town Board acknowledges that the prior owners of the In Rem Parcels
have the right to redeem the parcels until 5:00 p.m. on October 7, 2008; and
WHEREAS, the Town Board has undertaken an environmental review of this action and
has caused a Short Form Environmental Assessment Form to be prepared and has determined
that there are no negative environmental impacts associated with the acquisition of these parcels.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board determines 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 Local Law No. 6 of 1992 (the Town's Environmental Quality Review
Law); and
3. The Town Board determines that the Proposed Action is an action for which there
are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for
this action.
*ftW 4. Based on its review of the Short Form EAF and the information contained therein,
the Town Board hereby determines that there are no negative environmental impacts associated
with the Proposed Action (the purchase of the above-mentioned parcels) and the Town Board
hereby makes a negative determination of significance for the proposed action.
5. The Town Board hereby determines that it is in the best interest of the Town to
acquire the aforementioned parcels of property for the purposes stated herein.
6. The Town Board directs that a certified copy of this resolution be delivered to the
Commissioner of Finance of the County of Dutchess and the Clerk of the Legislature of the
County of Dutchess on or before October 1, 2008, in accordance with the Land Acquisition
Policy of the County of Dutchess.
7. The Town Board hereby authorizes an amount not to exceed $32,500.00 to be
paid to Commissioner of Finance of the County of Dutchess which represents the back taxes,
costs, fees and accrued interest due to the County for the In Rem Parcels as consideration for
transfer of title to the Town of Wappinger; said payment to be made within 60 days of delivery
of a certified copy of this resolution to the Commissioner of Finance authorized above.
8. The Town Board further authorizes the Town Supervisor, Christopher Colsey, to
execute any and all documents necessary for the acquisition of the In Rem Parcels and the
recording of deeds and related documents.
9. The Town Board appropriates a sum not to exceed $2,500.00 for the procurement
of title insurance for the In Rem Parcels in an appropriate amount, the recording of the deeds and
associated documents for said parcels and other necessary expenses.
10. The Town Board authorizes and directs the Attorney to the Town, Albert P.
Roberts, to obtain title insurance and to insure the recording of the deeds.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
ABSENT
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/11/2008
..
The Resolution is hereby duly declared adopted.
f
_!�HN C. MMtERSON, TOWN CLERK
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR
2. PROJECT NAME
TOWN OF WAPPINGER, DUTCHESS COUNTY
Purchase of In Rem Tax Parcels -Absolute & Cantarella
3. PROJECT LOCATION:
Municipality TOWN OF WAPPINGER County DUTCHESS COUNTY
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Parcel Location: 1 Wildwood Dr, 120 New Hackensack Rd, E. Salem Rd.,
Parcel Grid #: 6158-02-870777, 6158-02-820749-0000, 6256-02-833769 (respectively)
5. PROPOSED ACTION IS:
R1 New F] Expansion F-1 Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
The Town of Wappinger intends to purchase the above noted properties from the County of Dutchess after an In Rem Tax
Foreclosure proceeding.
7. AMOUNT OF LAND AFFECTED:
Initially 4.82 acres Ultimately 4 82 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Z Yes E]No If No, describe briefly
Land is being purchased in order to comply with conditions of subdivision approval.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Z Residential 7 Industrial Commercial Agriculture 121 Park/Forest/Open Space 1:1 Other
Describe:
Surrounding land is residential in nature.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
❑✓ Yes No If Yes, list agency(s) name and permit/approvals:
The sale is subject to the approval of Dutchess County Legislature.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
1-1 Yes ❑✓ No If Yes, list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
E] Yes 0✓ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Town of Wappinger Date: August 11, 2008
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
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A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
E] Yes 12 No
B.
WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
❑ Yes Z No
C.
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None
C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
None
D.
WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
❑ Yes No If Yes, explain briefly:
E.
IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
Yes ❑✓ No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FL
EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WI
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinati
Town of Wappinger, Town Board
Name of Lead Agency
Christopher Colsey
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
August 11, 2008
Date
Supervisor
Title of Responsible Officer
Signature of Preparer (If different from responsible officer)
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