2008-2792008-279
Recommendation of the Town Board in Respect to the Settlement of Litigation Involving
the Cranberry Hills, LLC Subdivision
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
September 22, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Cranberry Hills, LLC subdivision is a 322.67 acre parcel of land located
within an R-20 Residential Zoning District, identified as Tax Map No. 135689-6158-04-951382-
0000 and is bounded by Myers Corners Road to the south and Widmer Road to the north, within
the Town of Wappinger, Dutchess County, New York; and
WHEREAS, the original application, submitted by DWS New York Holdings, Inc., was
dated December 19, 1974, for authority to develop a cluster subdivision pursuant to Section 281
of the Town Law; and
WHEREAS, the Town Board approved, by Resolution dated February 18, 1975, and
amended April 17, 1975, an approval to design said subdivision as a cluster development
proposal; and
WHEREAS, the Planning Board adopted a Resolution of Final Approval on December
5, 1983, and the Final Plat reflecting a total of 550 building lots was filed with the County Clerk,
Division of Land Records; and
WHEREAS, the Applicant officially abandoned the 550 lots in January of 2002; and
WHEREAS, after holding a public hearing, the Town Board adopted Local Law No. 14
of 2002, thereby granting approval to the Planning Board to permit a Conservation Subdivision
for the Cranberry Hills, LLC subdivision, subject to certain conditions set forth therein, on
October 15, 2002; and
WHEREAS, the Planning Board adopted a Resolution of Conditional Preliminary
Approval on October 21, 2002; and
WHEREAS, the Planning Board adopted a Resolution of Final Subdivision Approval on
December 12, 2006 for a 232 lot subdivision on the 322.67 acre parcel with lots ranging from
0.24 acres (10,500 square feet) to 8.35 acres in area; and
WHEREAS, the Planning Board Chairman determined the conditions within the
Resolution of Final Subdivision Approval to not be adequately fulfilled and refused to sign the
proposed Final Subdivision Plat in accordance with New York State Town Law §276(7)(c); and
WHEREAS, in response to said determination by the Planning Board Chairman, the
applicant for Cranberry Hills Subdivision, LLC filed for a Judgment Pursuant to Article 78 of the
Civil Practice and Rules against the Planning Board of the Town of Wappinger and the Planning
Board Chairman with the Supreme Court of the State of New York, County of Westchester,
Index No. 306/2008; and
WHEREAS, the Attorney to the Town of Wappinger filed the Respondent's
Memorandum of Law in Support of Motion to Dismiss the Petition on behalf of the Town of
Wappinger, on February 27, 2008; and
WHEREAS, the Supreme Court of the State of New York, County of Westchester,
issued an Order denying the Petition of the Applicant in its entirety and granting the
Respondent's Motion to Dismiss, on May 20, 2008; and
WHEREAS, the Applicant filed a Notice of Appeal thereby extending the current
litigation; and
WHEREAS, in accordance with the New York State Public Officers Law, Article 7
(Open Meetings Law), Section § 105, Conduct of Executive Sessions, (d), the Town of
Wappinger Town Board held an Executive Session in respect to the topic of pending litigation
involving Cranberry Hills, LLC.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby provides a
recommendation to the Town of Wappinger Planning Board to settle the present litigation in
accordance with the proposal as outlined in the July 18, 2008 letter, as proffered by the
Applicant, because the Town Board believes that entering into said settlement provides a number
of benefits and is in the best interests of the Town of Wappinger.
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:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
NAY
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
9/22/2008
The Resolution is hereby duly declared adopted.
(I oc�;�
PIHN C. NfASTERSON, TOWN CLERK