Loading...
2004-11-22 RGMMonday, November 22, 2004 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Minutes October 12, 2004 Workshop October 25, 2004 Hearing on Rafters November 8, 2004 Workshop Suspension of Rules for Public Comment on Agenda Items Correspondence Log CL2004-150 to CL2004-171 Public Hearing Public Hearing for Local Law for Street Frontage and Shared Driveways -Withdrawn Discussions: MS4 Regulations — Barbara Kendall Center for Watershed Protection Code and Ordinance Worksheet — Barbara Kendall, Eileen Sassman and David Byrne Common Driveways -Dan Wery Resolutions: 2004-309 Resolution Authorizing Use of Wind Power for Lighting Districts 2004-310 Resolution Withdrawing Local Law for Street Frontage and Common Driveways 2004-311 Hold 2004-312 Resolution Introducing Local Law for Common Driveways 2004-313 Resolution Authorizing Application for NYSOPRHP Grant for Carnwath Farms 2004-314 Resolution Approving a subdivision and Creating an Open Development Area Under Town Law for the Proposed Subdivision Known as The Preserve 2004-315 Resolution Authorizing Attendance to Performance Evaluation Training for Department Heads 2004-316 Resolution Authorizing Change Order No. 3 for 99-2R-7 2004-317 Resolution Requesting Greenway Trail Designation 2004-318 Resolution Authorizing Execution of the First Amendment to Agreement for Water In Connection Between the Village of Fishkill and the Town of Wappinger 2004-319 Resolution Authorizing the Issuance of $88,500 Serial Bonds to Pay the Cost of Improvements for Extension No. 1 to the Fleetwood Water District 2004-320 Resolution Calling Public Hearing for the Establishment of Proposed Extension No. 2 of the Wappinger Water District 2004-321 Hold 2004-322 Resolution Authorizing Purchase Order for SMART Machine 2004-323 Resolution Accepting Correspondence Log Unanimous Consent 2004-324 Resolution Amending Town Board Schedule of Meetings New Business/Comments Executive Session Gaslands 11/22/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on November 22, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:35 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Dan Wery, Town Planner RECEIPT AND APPROVAL OF MINUTES The Minutes of the Workshop Meeting of October 12, 2004, the Rafters Hearing of October 25, 2004, and the Workshop Meeting of November 8, 2004, having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilwoman McCarthy moved to accept the above stated Minutes as submitted by the Town Clerk, seconded by Councilman Paoloni and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Bettina moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilwoman McCarthy and unanimously carried. CORRESPONDENC LOG: 2004 -CL -150 TO 2004 -CL -171 (See Attached Sheets) PUBLIC HEARING: Public Hearing for Local Law on Street Frontage and Shared Driveways DISCUSSIONS: MS4 Regulations—Barbara Kendall of the DEC in New Paltz gave a presentation on storm water management, typical pollutants, and went over a prevention plan to meet the challenge. Center for Watershed Protection code and Ordinance Worksheet-- David Byrne went over the 22 principles of Better Site Design for Protection of Water Resources, how the Town of Wappinger ranked, and what steps needed to be taken for better site designs to protect water. 1 11/22/2004.RGM Common Driveways—Dan Wery, Town Planner went over the revised Local Law that would permit the Planning Board to address common driveways only. RESOLUTION NO. 2004-309 RESOLUTION AUTHORIZING WIND POWER AS SOURCE FOR ELECTRICITY The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, proposals have been made to the Town Board to have the Town purchase electricity generated through wind power; and WHEREAS, the Town Board determines that electricity generated by wind power, although more costly, is more environmentally friendly providing none of the contaminates associated with electricity generated by fossil fuels; and WHEREAS, the Town Board determines that it is in the best interest of the citizens of the Town of Wappinger to utilize electricity generated by wind power whenever possible and practical. 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 determines that it is in the best interest of the citizens of the Town of Wappinger to utilize electricity generated by wind power whenever possible and practical. 3. The Town Board hereby authorizes the use of electricity generated by wind power for the Cameli Drive, Hughsonville and Chelsea Lighting Districts. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-310 RESOLUTION WITHDRAWAL FROM CONSIDERATION THE LOCAL LAW INTRODUCED PURSUANT TO RESOLUTION NO. 2004-301 The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, at the Town Board meeting conducted on October 25, 2004, the Town Board introduced a Local Law to be known as "Amendments to the Town Code, Section 240-20 of the Town of Wappinger Zoning Law, Required KA 11/22/2004.RGM Street Frontage" and scheduled a Public Hearing to be conducted on November 22, 2004 at 7:30 p.m.; and WHEREAS, after due consideration, the Town Board has determined that the Local Law was not drafted consistent with the wishes and intent of the Town Board with respect to the required street frontage. 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 proposed Local Law introduced pursuant to Resolution No. 301 at the Town Board Meeting held on October 25, 2004 is hereby withdrawn from consideration and no further action shall be taken in connection with same. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 312 RESOLUTION INTRODUCING LOCAL LAW FOR COMMON DRIVEWAYS The following Resolution was moved by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street Frontage, should be amended and revised to amend the requirement restricting each lot to take access over its own frontage to authorize the Planning Board to allow or require common driveways and cross access easements, under certain circumstances and subject to certain conditions, where deemed beneficial and in the Town's best interest (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); 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 3 11/22/2004.RGM Board is therefore, by default as the only involved agency, the Lead Agency for this action NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2004 in the form annexed hereto; except as specifically modified by the amendments _ contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2004 for 7:30 PM on the 20th day of December, 2004 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers 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 General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. 51 11/22/2004.RGM RESOLUTION NO. 2004-313 RESOLUTION AUTHORIZING GRANT APPLICATION TO NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR CARNWARTH FARMS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the Town of Wappinger is applying to the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP) for a grant under the 2004 TEA -21 Recreational Trails Program for a trail development project at Carnwath Manor, located within the territorial jurisdiction of the Town Board of the Town of Wappinger; and WHEREAS, the Town will apply for a reimbursable funding grant not to exceed $100,000 and understands that reimbursement of funds from NYSOPRHP will not exceed 80 percent; and WHEREAS, the Town will provide a 20 percent required match to funds requested in the form of cash and/or in kind services; and WHEREAS, the Town has retained the professional services of J. Kenneth Fraser and Associates, PE, LS,LA, P.C. to develop, write and submit the grant application; and WHEREAS, as a requirement under the rules of these programs, said not-for- profit corporation must obtain the approval of the governing body of the Town of Wappinger in which the project will be located; NOW, THEREFORE, be it resolved by this august body that the Town Board hereby does approve and endorse the submission of this grant application under the 2004 TEA -21 Recreational Trails Program for a trail development project at Carnwath Manor in the Town of Wappinger, Dutchess County, New York. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-314 RESOLUTION APPROVING A SUBDIVISION AND CREATING AN "OPEN DEVELOPMENT AREA" UNDER TOWN LAW §280-a FOR THE PROPOSED SUBDIVISION KNOWN AS "THE PRESERVE" The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. 5 11/22/2004.RGM WHEREAS, an Application for Subdivision Approval has been presented to the Town of Wappinger, New York (hereinafter referred to as the "Town") Planning Board by Prime Equities, LLC entitled the "The Preserve" Subdivision (hereinafter referred to as the "Subdivision"); and WHEREAS, the property to be subdivided consists of two parcels identified as Tax Grid Nos. 6157-01-240641 and 6157-01-288662; and WHEREAS, the parcels to be subdivided would consist of approximately 51 - multiple family units with associated parking and site improvements on parcels totaling 46.22 acres; and WHEREAS, the proposed Subdivision is a cluster type with all of the proposed dwelling units and related amenities located on the western portion of the properties to be developed; and WHEREAS, portions of the undeveloped property contain environmentally sensitive areas including streams and wetlands which will remain undisturbed; and WHEREAS, the property owner has made Application to the Town Board to establish an Open Development Area in accordance with Town Law §280- a(4), in order to erect structures on lots that gain access by easements over privately owned and maintained roads, as shown on a subdivision plat prepared by M.A. Day Engineering, P.C. and dated July 14, 2004; and WHEREAS, the Planning Board has presented the Town Board with a recommendation to approve the Application requesting an Open Development Area; and WHEREAS, the Town Board has given careful consideration to the Application of the Subdivision requesting to establish an Open Development Area in accordance with Town Law §280-a(4); and WHEREAS, the Town Board has also given careful consideration to the Goals and Policies established by the Town's Comprehensive Plan and Subdivision Regulations in regards to the requirement that certain improvements are needed to promote the orderly development of the Town; and WHEREAS, the requirement that access to a property shall be suitably improved reflects a legislative judgment that development of unimproved and undeveloped areas should be accompanied by provisions for streets and other essential facilities to meet the basic needs of the new residents of the area, and further, one of the fundamental considerations in the development of new roads and streets is the need to create a system of roads and streets within the Town that fosters the safe and convenient circulation of traffic; and C. 11/22/2004.RGM WHEREAS, the requirement that access be provided from a road or street reflects a legislative policy designed to provide suitable and adequate access for fire and emergency service, provides and promotes the health and safety and general welfare of the residents; and WHEREAS, the Applicant has demonstrated, through the construction of roads and other improvements that will be reviewed by the Planning Board and which include provisions for fire protection, that the lots can be reasonably subdivided using an "Open Development Area" design to produce building sites of such character as will permit their development for homes without danger to health or peril from fire, flood or other menace. 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 resolves that: (a) the two parcels to be developed are identified as Tax Grid Nos. 6157-01-240641 and 6157-01-288662; (b) the total project area contains 46.22 acres; (c) the project will consist of approximately 51 -residential dwelling units with associated parking, site improvements, recreational facilities, construction of a privately owned and operated central water system and connection to municipally operated sewer system; (d) the properties are located at the southeast corner of the intersection of NYS Route 9D and Old Hopewell Road and are within the RMF -3 multi -family residence zoning district as identified in the Town's Zoning Code; (e) substantial areas of the properties to be developed contain environmentally sensitive areas such as streams and wetlands, the same will remain undeveloped and undisturbed by this proposal; (f) internal roads will be built to specifications satisfactory to the Town Superintendent of Highways, Engineer to the Town and Town Fire Advisory Board, however, the roads will be privately owned and maintained pursuant to a duly approved Homeowner's Association; and (g) there will be no cost to the Town of Wappinger to maintain such roads once constructed and such roads and internal improvements will be owned and maintained by the Homeowner's Association. 7 11/22/2004.RGM 3. The Town Board further resolves that the development of the site as an "Open Development Area" design is one that will minimize the disturbances to environmentally sensitive areas and the destruction of the natural character of the land. 4. The Town Board further resolves that the development of the two properties as an "Open Development Area" allows for the flexibility of design where impacts and disturbances to the land can be minimized to the greatest extent practicable. 5. For the reasons heretofore mentioned, the Town Board hereby approves the request to create an Open Development Area for the Subdivision known as "The Preserve" for the property identified as parcels on Tax Map Grid Nos. 6157-01-240641 and 6157-01-288662. 6. The Town Clerk is directed to forward a copy of this Resolution to the Planning Board for its consideration prior to the approval of the project. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 315 RESOLUTION AUTHORIZING ALL DEPARTMENT HEADS TO ATTEND PERFORMANCE EVALUATION SEMINAR The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board wishes to authorize the Town Supervisor, Comptroller, Building Inspector, Fire Inspector, Zoning Administrator, Receiver of Taxes, Town Clerk, Recreation Chairman, and Chief Court Clerk to attend a class sponsored by Lorman Education Services on "What Makes Performance Evaluations Effective in New York" on January 11, 2005 in Albany, New York. NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor, Comptroller, Building Inspector, Fire Inspector, Zoning Administrator, Receiver of Taxes, Town Clerk, Recreation Chairman, and Chief Court Clerk are hereby authorized to attend a class sponsored by Lorman Education Services on "What Makes Performance Evaluations Effective in New York" at a cost of $299.00 per attendee with a total cost not to exceed Two Thousand Six Hundred Ninety One dollars and no 00/100 ($2,691.00). 11/22/2004.RGM The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 316 RESOLUTION AUTHORIZING CHANGE ORDER NUMBER 3 FOR WAPPINGER WATER IMPROVEMENT 99-2R-7: CLEARWELL & PUMP INSTALLATION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Change Order No. 3 for Wappinger Water Improvement 99-2(R) for clearwell and pump installation as per a letter dated November 9, 2004, a copy of which is attached hereto. 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 approves completion Change Order No. 3 to Wappinger Water Improvement 99-2(R), for clearwell & pump Installation in the amount of Six Thousand One Hundred Eighty Seven and 00/100 ($6,187.00) for reasons set forth in the letter dated November 9, 2004 from Charles DelBene o Paggi, Martin & DelBene to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-317 RESOLUTION OF REQUEST FOR GREENWAY TRAIL DESIGNATION OF THE WAPPINGER GREENWAY TRAIL BY THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Valdati and seconded by Councilman McCarthy. WHEREAS, Article 44 of the Environmental Conservation Law (ECL) directs the Greenway Conservancy for the Hudson River Valley, Inc. to designate a Hudson River Greenway Trail, and 9 11/22/2004.RGM WHEREAS, the Town of Wappinger manages, owns, or holds an easement for a community trail which will enhance the opportunity the public has to appreciate and support the preservation of the historic, scenic, cultural, recreational, and natural resources along the Greenway Trail, and WHEREAS, the Town of Wappinger requests that 10.7 miles of the Wappinger Greenway trail be designated as a riverside/countryside corridor/connector trail as part of the Hudson River Greenway Trail System, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS, the Town Board of the Town of Wappinger requests designation of the Wappinger Greenway Trail as part of the Hudson River Greenway Trail System. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- -318 RESOLUTION AUTHORIING EXECUTION OF THE FIRST AMENDMENT TO AGREEMENT FOR WATER INTERCONNECTION BETWEEN THE VILLAGE OF FISHKILL AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Village of Fishkill and the Town of Wappinger on behalf of the Fleetwood Water District have previously entered into a Water Interconnection Agreement dated March 2, 1998 in which the Village of Fishkill agreed to sell water to the Fleetwood Water District; and WHEREAS, the Agreement specifically limited the area to be serviced to certain described properties more particularly depicted in Schedule "A" attached hereto; and WHEREAS, by Resolution dated June 14, 2004, the Town established Extension No. 1 to the Fleetwood Water District with the additional areas to be served more particularly described in Schedule `B"; and WHEREAS, it has been determined by the engineers to the Fleetwood Water District, Paggi, Martin, & DelBene, LLP, that no additional water usage will be required to service the additional properties located within Extension No. 1 to the Fleetwood Water District; and WHEREAS, the Town Board determines that the First Amendment to Agreement for Water Interconnection is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review 10 APPENDIX A Boundaries of Proposed Extension No. 2 to Wappinger Park Water District —0 0 ALL that certain plot, piece or parcel of land situate lying and being on the westerly side of Wappingers Falls-Fishkill State Road, Town of Wappinger, County of Dutchess and State of New York, which is bounded and described as follows: Beginning at a point on the westerly side of the above mentioned state road, as widened at the southeasterly corner of the herein described land and at the northeasterly corner of lands now or formerly George A. Peters and Beginning thence south 79 degrees 54 feet 30 inches west along a stone wall and along said Peters land 289.67 feet to a corner in the wall; thence north 25 degrees 37 feet 40 inches west along the land now or formerly of George A. Peters 626.05 feet to a corner in the wall; thence north 80 degrees 36 feet 10 inches East 557.51 feet to the westerly side of the above mentioned state road; thence along the westerly side of said state road the following two courses, South 0 degrees 50 feet 50 inches west 369 feet and south 2 degrees 02 feet 50 inches East 207 feet to the point or place of beginning. PARCEL "1" - OAK STREET PROPERTIES, LLC ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, bounded and described as follows: Beginning at a point on the westerly line of US Route 9 at its intersection with'the northerly line of a 5,90 acre parcel of land formerly of Esposito (now Santandra and Verrilli) thence along 1. S 89 degrees 05'20" W 250.05 feet to the southeast comer of a 1.84 acre parcel formerly of Esposito, thence along the southerly and westerly fine of said parcel formerly of Esposito, (Now Santandra and Verilli) the following two courses and distances: 2. N 82 degrees 46'03" W 207.00 feet; 3. N 01 degree 13' 55" W 246.00 feet to a stonewall comer and the southerly line of lands now or formerly of Zottola and Colitto, thence generally along a stonewall and the southerly line of lands now or formerly of Zottola and Colitto the following two courses and distances: 4, N 03 degrees 09' 10" E 39.65 feet; 5. N 60 degrees 52'20" E 23818 feet to a stonewall corner and the westerly line of lands now or formerly of Sofair, thence generally along a stonewall and westerly line of lands now or formerly of Sofair; 6, S 12 degrees 42'30" E 132.14 feet to a stonewall corner, thence continuing along a stonewall in part and the southerly line of the aforementioned lands now r or formerly of Sofair; 7. S 87 degrees 10'20" E 289.20 feet to a point on the aforementioned westerly line of US Route 9, thence along said westerly line; B. S 13 degrees 32' 12" W 288.40 feet to the point of beginning, Containing 3.640 acres, more or less. Together with an easement for the purpose of ingress and egress, bounded and described as follows: Beginning at a point on the westerly boundary of Route 9 at the southeast comer of lands now or formerly of Sannicandro and the northeast comer of lands now or formerly of Esposito, thence along the aforementioned westerly boundary of US Route 9; PARCEL "2" Heartland Auto Group, Inc. Parcel 1, S 10 degrees 08' 15" W 40.00 feet, thence through teh lands now or formerly of Esposito; 2. N 61 degrees 31'21" W 80,00 feet to a point on the division line between the land of Sannicandro on the north and Esposito on the south and thence along said division line; 3. N 89 degrees 05'20" E 77.37 feet to the point of beginning. 1 11/22/2004.RGM pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is in the best interest of the citizens of the Town of Wappinger to enter into the First Amendment to Agreement for Water Interconnection between the Village of Fishkill and the Town of Wappinger, in substantially the same form as attached hereto and made a part of hereof marked and designated Exhibit "C". 3. The Town Board hereby agrees to enter into and be bound by the terms of the First Amendment to Agreement for Water Interconnection, above -referenced, and hereby authorizes Town Supervisor, Joseph Ruggiero, to execute the proposed First Amendment to Agreement for Water Interconnection on behalf of the Town and further authorizes Town Supervisor, Joseph Ruggiero, and Attorney to the Town, Albert P. Roberts, to take whatever steps are necessary to implement and finalize the Agreement with the Village of Fishkill The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004- 319 RESOLUTION AUTHORIZING THE ISSUANCE OF $88,500 SERIAL BONDS TO PAY THE COST OF IMPROVEMENTS FOR EXTENSION NO. 1 TO FLEETWOOD WATER DISTRICT The following Resolution was offered by Councilwoman McCarthy who moved its adoption and seconded by Councilman Bettina. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-A of the Town Law, and more particularly a Resolution dated June 14, 2004, the Town Board of the Town of Wappinger, Dutchess County, New York, has established Extension No. 1 to the Fleetwood Water District in the Town of Wappinger; WHEREAS, the improvements for said Extension No. 1 to the Fleetwood Water District shall consist of wet tapping the existing main, installing a corporation stop, fittings, and three quarter inch "K" copper water service 11 11/22/2004.RGM piping terminating at curb valve in the road right-of-way in front of each lot, boring to cross Osborne Hill Road and the purchase (but not the installation) of water meters, and incidental improvements and expenses in connection therewith, as more fully described in the aforesaid Resolution establishing said Extension No. 1 of the Fleetwood Water District; WHEREAS, the maximum amount proposed to be expended for said improvements is $88,500; and WHEREAS, both the improvements specifically for Extension No. 1 and the improvements for the Wappinger Park Water District, as extended, have been determined to be a Type II Action pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined that no environmental review is required. WHEREAS, it is now desired to authorize the financing of said improvements; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of wet tapping the existing main, installing a corporation stop, fittings, and three quarter inch "K" copper water service piping terminating at a curb valve in the road right-of-way in front of each lot, boring to cross Osborne Hill Road and the purchase (but not the installation) of water meters, and incidental improvements and expenses in connection therewith, for Extension No. 1 to the Fleetwood Water District in the Town of Wappinger, Dutchess County, New York, as described in the preambles hereof, there are hereby authorized to be issued $88,500 serial bonds of the Town of Wappinger, Dutchess County, New York pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforedescribed improvements is $88,500 and that the plan for financing thereof shall consist of the issuance of the $88,500 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in 12 11/22/2004.RGM anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the Chief fiscal officer. Such Notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually assessed upon and collected from the several lots and parcels of land within said Extension No. 1 to the Fleetwood Water District which the Town Board shall determine to be especially benefited by such improvements an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from the source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual of facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Town, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The Receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in 13 11/22/2004.RGM the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, for and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The Supervisor is herby further authorized, at his sole discretion, to execute a project financing and loan agreement and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Town Board. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 14 11/22/2004.RGM Section 13. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 14. This resolution, which takes effect immediately, shall be published in full in the Southern Dutchess News and Poughkeepsie Journal, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.000 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted RESOLUTION NO. 2004-320 IN THE MATTER OF THE ESTABLISHMENT OF A PROPOSED EXTENSION TO THE WAPPINGER PARK WATER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK TO BE KNOWN AS EXTENSION NO. 2 TO THE WAPPINGER PARK WATER DISTRICT IN THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Valdati and Seconded by Councilman Bettina. WHEREAS, a map, plan and report, including an estimate of cost have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed extension to the Wappinger Park Water District of the Town of Wappinger, Dutchess County, New York, to be known as Extension No. 2 to the Wappinger Park Water District (hereafter "Extension No. 2"); and WHEREAS, said map, plan and report dated October 8, 2001, as amended March 24, 2004 and July 30, 2004 and October 1, 2004, were prepared by Paggi, Martin & DelBene, LLP, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said 15 11/22/2004.RGM Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, Extension No. 2 shall include commercial properties located along the proposed new water main (described below) and shall be bounded and described as set forth in Appendix A attached hereto and made a part hereof; and WHEREAS, all of the improvements proposed for Extension No. 2, consisting of the acquisition and construction of a tie-in and an 8 inch diameter water main, together with water service connections, hydrants, valves and related equipment are to be undertaken by and paid for by the owners of the properties in Extension No. 2 and the cost thereof will not be charged against the properties in Extension No. 2; and WHEREAS, the properties in Extension No. 2 will be charged with a portion of the cost of certain capital improvements undertaken for the benefit of the Wappinger Park Water District, including Extension No. 1 thereto, by allocating benefit units to the properties in Extension No. 2 as detailed in the aforesaid map, plan and report, and said allocated costs shall not exceed $100,000; and WHEREAS, the maximum amount proposed to be so allocated to the properties in Extension No. 2 is, accordingly, $100,000; and WHEREAS, the proposed method of financing such cost of capital improvements to be allocated and charged to Extension No. 2 is by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from the annual apportionment and assessment on the taxable real property in Extension No. 2 which the Town Board shall determine to be especially benefited by the improvements through the allocation of benefit units to the properties in Extension No. 2, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes therefore; and WHEREAS, the improvements for Extension No. 2 have been determined to be a Type II Action pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act, and, accordingly, no environmental review under said Act is required; WHEREAS, there will be no hook-up fees to properties in Extension No. 2; and WHEREAS, the estimated annual capital cost for the allocated cost of improvements, based upon the proposed twenty year debt amortization, is approximately $268 per benefit unit for each property to be included in 16 11/22/2004.RGM Extension No. 2. The number of benefit units for each property in Extension No. 2 is shown in the aforesaid map, plan and report. Commercial users in the extended district (service area) will pay annual O&M costs, to be determined by the Town Board, based on actual metered flow. The annual cost is calculated for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid. There are no residential or "typical properties" in Extension No. 2; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year cost has been included in such map, plan and report which has been filed in the Office of the Town Clerk, where the same are available during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of Extension No. 2 to the Wappinger Park Water District of the Town of Wappinger in the manner aforesaid pursuant to Section 209-d of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappinger Falls, New York, in said Town, on December 20, 2004, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a proposed extension to the Wappinger Park Water District of said Town as described in the preambles hereof, to be known as Extension No. 2 to the Wappinger Park Water District of the Town of Wappinger, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in Poughkeepsie Journal and Southern Dutchess News, official newspapers of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within Extension No. 2, as shown upon the latest assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. 17 11/22/2004.RGM Section 3. This order shall take effect immediately. Voting The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Voting Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye _ Joseph Paoloni, Councilman Voting Aye The Order was thereupon declared duly adopted RESOLUTION NO. 2004- 322 RESOLUTION AUTHORIZING PURCHASE ORDER FOR SPEED MONITORING AWARENESS TRAILER The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board has requested a purchase order for a Speed Awareness Monitoring Trailer; and WHEREAS, the Town Board received bids as follows: 1. Monitor Systems $8,095.00 2. Superior Signals $8,200.00 3. MPH Industries No Response WHEREAS, the Recreation Committee has requested a purchase order in the amount of Eight Thousand Ninety Five and 00/100 ($8,095.00) payable to Monitor Systems. 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. A purchase order is hereby authorized in the amount of Eight Thousand Ninety Five Dollars and 00/100 ($8,095.00) payable to Monitor Systems from account B 3120.400, in accordance with a Memo dated November 19, 2004 from Vincent Fabiano, Legislative Aide to he Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-323 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE im 11/22/2004.RGM The following resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina 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: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. UNANIMOUS CONSENT: Councilwoman McCarthy moved to place Resolution 324 on tonight's Agenda, seconded by Councilman Paoloni and unanimously carried RESOLUTION NO. 2004-324 RESOLUTION AMENDING TOWN BOARD SCHEDULE OF MEETINGS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2004; and WHEREAS, the Town Board scheduled meetings for the second and fourth Monday of every month, and WHEREAS, due to holiday schedules and other commitments, several of the Town Board Members have requested that the Schedule of Town Board Meetings for the months of December and January be amended. 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 Meetings scheduled for December 27, 2004 and January 10, 2005 at 7:30 p.m. are hereby cancelled. 3. A new Town Board Meetings is hereby scheduled for December 20, 2004 at 7:30 p.m. at Town Hall for the purpose of a year end meeting and establishing reorganization of the Town effective January 1, 2005. 4. The Town Clerk is hereby directed to publish the new dates of the Board meetings. 5. The regularly scheduled Town Board Meetings heretofore established by the Town Board shall be resumed commencing with the January 24, 2005 Town Board Meeting. The foregoing was put to a vote which resulted as follows: 19 11/22/2004.RGM Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye NEW BUSINESS/COMMENTS Councilman Valdati said he was contacted by Mary Duval from the Village of Wappingers Falls. She is working on acquiring Grant money for the Mesier Homestead and wished to know if the town would be able to assist with the project. He wished to get an opinion from Mr. Roberts, Attorney to the Town. Mr. Roberts explained that there are some constitutional issues that it can not be done, but he is still researching it. Councilman Bettina said he was very pleased to hear about the sports museum coming to Carnwath. Councilman Paoloni was approached by people who wish to come into the area from Denver to make a presentation on Solar Panels. "Will the town pick up the tab for this trip?" Supervisor Ruggiero replied "Have them send him something in writing in order to make a presentation." At this time 9:05 p.m. Councilwoman McCarthy moved to go into Executive Session to discuss Gaslands, seconded by Councilman Valdati and unanimously carried. The meeting reconvened at 9:42 p.m. with all board members in attendance. There was no action taken in Executive Session. Councilwoman McCarthy moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 9:43 p.m. 20 WC) oria J. se Town C e Town Board Correspondence Log leament # To From Date 2004CL _0150Joseph Ruggier, Supervis Nelson Eddy Rivera, Dire 9/20/04 2D04CL - 0151 Joseph Ruggiero, Supervi Joseph Kovalsky, EMS C 11/8/04 Joseph Kovalsky, EMS a 11/03/04 2004CL - 0152 Town Board Members11/22/2004 2004CL - 0153 Town Board Members Highway D 9!15/04 2004CL-0154 Town Board Members Dutthes County Deptof 10/8/04 2004CL-0155 Town Board Members an Joseph Kovalsky, EMS C 10/25/04 2004CL - 0156 Supervisor Joseph Ruggie Pots Marlow, DC. Dept. 10/19/04 2004CL-0137 Supervisor ggr �, Trish Maupin, Rociever o 1085/04 2004CL - 0158 Supervisor' Ruggiero, and Tania Lukianot Zoning 10/1/04 2004CL-0159 L°redn Brunello, Assisten Ronald Andrews, Commi 10/13/04 2004CL-0160 supervisor Ruggiero, and Town Clerk 10/19/04 2004CL - 0161 Town of Wappinger Tow STAR Unit Sta$ Office o 10/4/04 2004CL-0162 Bruce Pearson, Pastel Co Joseph Starilcavage, Paggr 10/13/04 20D4CL - 0163 Joseph Ruggiero, supervi E&Abeth Doyle, Commit 10/12/04 ver s 10/710410/12/04Metier 2004CL-0164 Supervisor Joseph Ruggie Emanuel Saris, gilis, 2004CL-0165 Supervisor Joseph Ruggie Roger Connor, Cablevisio 10/12/04 Ru ero, and Carl S. Wolfson, Town Ju 10/13/04 2004CL-0166 supervisor ggi Received 9/22/04 11/8/04 ,� � 11...3,04 9115/04 10/26/04 1085lD4 10/25/04 10/23/04 10/25/04 10/13!04 10119/04 1014/04 10/19/D4 10/19/04 10/19/04 10/15/04 Re 'Thank you leder for idling them participate in co Report onTramove 10/25/0411/3/04 arc on Report Inventory ofFirghway Equipment Public Health partnership Award 2005 � on TO Town of Wnppu>ger water Maui Extorsion Monthly Report for the month of September Report for the month of September i.etta' Of Thankyou for providing assistance Minutes of Taves Board Meerting for 987!04 STAR Proposed �y,pp;,� Water Improvement 1999-2 letter thanking Town for ComttamitY Dev. Block of Imda Taaadfoy v. Town of wappinger Cable Services Town Justice Report for the month of 3epternber 2 - 11122/2004 11/22/2004 11/22/2004 1182/2004 11/22/2004 11/22/2004 11/22/2004 11/22/2004 11/2212004 11 /22/2004 11/22/2004 11/22/2004 11/22/2004 11/22/2004 11/22/2004 11/22/2004 11/228004 page 1 of 2 Tuesday, November 16, 2004 icatment # To From Date Received Re __ Agenda 2004CL. 0167 Supervisor Ruggiero, end Village of Wappinger 10/ 10/13!04 10/13/04 Village of WappmjW Agenda 11/22/2004 2004CL - 0169 Supervisor Ruggiero and Heather Kitchen+ Tawe Ju 10/13/04 10/15/04 Report for the month of 3opte[nber 2004 11/22/2004 2004CL - 0169 3upervisot Ruggiero, and Micheal Murphy, Comms 10/15104 10/15/04 Certificate of notice to close highway 11/22/2004 2004CL-0170 Supervisor Ruggiero, and George Kolb, Building In 10/6/04 10/12/04 Building hupectoes Report for the month of Sept, 11122/2004 2004CL .0171 Supervisor Ruggiero, and Joseph Kovalsky, EMS C 10/19/04 10/19/04 Transcate Report from 10/11/04-10/17/04 11/2212004 Page 2 of 2 Tuesday, November 16, 2004 11/22/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on November 22, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law entitled Street Frontage and Shared Driveways. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Paoloni moved to close the Public Hearing seconded by Councilman Valdati and unanimously carried. The Public Hearing closed at 7:36 p.m. Gloria ,J,/Morse Town Berk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING AMENDING TOWN CODE SECTION 240-20 REQUIRED STREET FRONTAGE STATE OF NEW YORK ) )ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING FLORENCE HANNON, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 10, 2004 your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law Amending the Town Code Section 240-20 Required Street Frontage, on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the IL ,day/of DJ9U 6-eY-- , 2004 /��.���� NOTARY PYBLIC FLORENCE HANNON Deputy Town Clerk MARIA GIIBRIDE Notary Public, State of New York Reg. No. OIG15087374 Qualified in Cutchass County Commission Expires Nov. SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A-F-F1cla%,/zt C). -F F=).ub1 zca-tican To." WAPPINGERS FALLS., TOWN P.O. BOX :324 11wn WAPPINGERS FALLS, NY 12590 Re: Legal notice ##65593 State of NEW YORK t } SS. County of DUTCHESS } NOTICEO —PUBLIC HEARING AMENDMENT OF THE TOWN, I, TINA HEATH, being duly sworn, v�{0 , C�05 anC! ZONING CODE TOWN OF WAPPINGER Say • that I atn the BOOKKEEPER of Southern NOTICE IS HEREBY GIVEN the Town Board of the Town. of ; DUt.C;hf3SS News, a weekly newspaper of general We ppinger will conduct a Public Hearingonthe22nddayofNovem- circulation published in WAPPINGERS FALLS, ' ber, 2004, at 7:30p:m. at the Town -. Hall, 20 Middl'ebush Road, County of DIJTC:HESS CountyState of NEW t ORK i and Wappinger, New York at which time,all Parties ininterest and citi- that a notice, 01 which the annexed iS a zensshall have anoppoAunitnotice, P'r111t. :Gi copy, was C!tl1;' PUkJllSrit?C:i In �C7lltf"1 7 11 be heard as to whether the Town l Board of the Town of Wappinger DUtcheSS News once on 11%10/04. should amend Section 240.20,'Re. . quiredStreet Frontage, oftheTown Code to reduce the minimum re; quired street frontage from 50 feet to 25 feet and to amend the require- meet restricting'each rot to take aagcess over -its ownarontaBe so that' the,Planning Board would be autho- rized to allow or require common SworII t0 before me this 11th day` of November, 2004 ,driveways and cross access ease- mentsuridercettaindircumstances' Mand subject to cartel conditions, _ where deemed beneficial and in the k'Town's best interest.'' PLEASE TAKE FURTHER NO-. _ ALBERT M O5TEN ,TICE the Town Board has deter - mined that the Proposed Action isa Notary Public, State of NEW YORK S Type I action pureuantato Article 5 �''ofthagrtyronmenfal.Conservation s No. 14-8240760 r,,LawsPart6'17 NYCRA'(commonly. known as "SEQRA") via Local Law Qualified lit UTI l�ESS C.OUTIt No.5of1992(theTown'senviron. �mantal quellty"revlewrlaw which h'I)r commission expires 011 Ulle 15 2007 a establisheillooallydesignatedType 11 acffons)y's , � f LEASE TAKE -FURTHER ,NO-` TICE.thgt:the Town+Board has re- served its.right to make its Deter- mination of Significance pursuant to SEORAsuntil the conclusion of ,the Public Hearing to be held on the ' adoptlono.the proposed amend- , merits. PLEASE�TIkE FURTHER NO- EQ TICE that the full text of the drab C�1\' �E V proposed amendments will bb' avaifeble for review and inspection at the office of the Town Clerk �Yy�� u on weekdays from 8:30 AM to 4:00 P Dated; November 5, 2004= BY ORDER OF THE TOWN ? BOARD OF -THE TOWN OF CLARK Towt4T� VY , WAPPINGER GLORIA J: MORSE, Town Clerk; 0290 Poughkeepsie, NX AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING AMENOMENTOFTHE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board. of the: — Town of We Inger will ' conduct a Public Hearing on the 22nd day of No vember 2004, at 7:30 PM' at the Town Hall, 2Q Mid dlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an op-; portunity to. be heard as to whether the Town Board of the Town of Wappinger should amend Section 240-20, Required ' Street Frontage, of the Town= Code to reduce the mini- mum required street front- age from 50 feet to 25 foot and to amend the require- ment restrictingeach lot to take access over Its M own frontage so:lhat`tha I Planning Board would be, authorized to allow or w quire common driveways and cross access ease- ments under certain cir- cumstances and subject to certain, conditions, where deemed beneficial and in ` thw Tnwn'n hAnt ihtprA9t. NOTICE has- de I action purgyogt tt1 �ftigl� 8 of thhe Environmenta Conservation Law, Part ' 617 NYCRR(commonly` known as "SEORA') via Local Law No. 6 of 1992 (the` Town's environmen tal quality review law which, establishesloc'ac- ti lly desi neted Type 1 ac tionsS S. PLEASE TAKE'' FURTHER NOTICE that. the Town Board has reserved its riQhY to make Determin etion of'Significance pur- suant to SEQRA until the conclusion of the Public Hearing to be field on the adoption of the ` proposed amendments,., of -'the `¢ draft WAPPINGER Gloria Morse ' Town Clwk Sana' State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2004 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for Orie .._ Wegffs !?Rssively, in each week, commencing on the 8 th day of November 2004 and on the following dates thereafter, namely on: And ending on the day of 2004 both days inclusive. Subscribed fid_ sworn before me this day of ✓V 1200 2�( Pu lic Y �d'��� My commission expires