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2003-07-07 RGMSUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297.2744 FAX: (845) 297-4558 Monday, July 7, 2003 7:30pm Wappinger Town Hall Agenda Call to Order Roll Call, Salute, to the Flag Public Hearing: - • Central Hudson Gas & Electric Chelsea Substation Special Use Permit: Suspension of Rules for Public Comment on Agenda Items Discussions: • LGB Presentation On Long Term Maintenance On Gravel Wells At Atlas Well Fields (Ken Taylor) Resolutions: 2003-185 Resolution Adopting Tender Agreement Between Town Of Wappinger And Gulf Insurance Company 2003-186 Resolution Adopting Bids For Applesauce Pond Aeration Project 2003-187 Resolution Adopting. Bids For Greystone Underground Oil Tank 2003-188 Resolution Setting Public Hearing For Sewer Improvement Area No. 4 2003-189 Resolution Bid Awarding Contract For Airport Park Wells 2003-190 Resolution Authorizing Return Of Escrow For Andlyn Associates For Lot No. 11 Evergreen Drive. 2003-191 Resolution Authorizing Town Planner To Do Study On Work Force Housing And Senior Citizen Housing Law. 2003-192 Resolution Authorizing Budget Transfers As Per Comptroller Request 2003-193 Resolution Introducing Local Law To Eliminate Dog License Fee For Senior Citizens 2003-194 Resolution Introducing Local Law For Code Enforcement 2003-196 Resolution Authorizing Corrected Summer Camp Salaries New Business/Comments Adjournment 07/0712003.WS contacted the town and was told the or: y requirement was the pool be a certain distance from the adjacent properties. He also asked if paperwork was needed before the construction of the pool and was told it was not. Since that time his home has been refinanced twice and is in the process of refinancing for a third time, which prompted the inspection of the property. Upon inspecicion of the property Mr. Porach was informed that he in-ast oo-cam a building permit for the pool and was sited for a violation. Mr Porach has always complied with obtaining the ne�assury docurnerit,3 aad fbels he was misinformed regarding a permit for his pool, and is requesting the Town Board waive the $100 compliance fee. Discussion followed. Councilman Bettina moved to authorize the waiver of the $100 Compliance fee, seconded by Coancilman Colsey. Roll Call Vote Supervisor Ruggiero Councilman Valdati Councilman Bettina Councilman Paoloni Councilman Colsey RESOLUTIONS: RESOLUTION NO. 2003-185 Vote Nay Nay Aye Absent Aye Motion Failed RESOLUTION AUTHOIIILING THE EXECUTION OF AN AGREEMENT BETWEEN' GULF INSURANCE COMPANY AND TOWN OF WAPPINGER The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, by Resolution No. 2003-137, the mown Board on behalf of Wappinger Water Improvement Area 1999-2(R) has declared Clayton Industries, Inc. in default on Contract No. 6; and WHEREAS, in consequence of the default, the Town Board has invoked the Performance Bond (Bond No. B21860213) issued by Gulf Insurance Company, the surety supplied by Clayton Industries, Inc., in connection with Contract No. 6; and WHEREAS, Gulf Insurance Company has tendered an Agreement proposing to satisfy its obligations to the Town pursuant to said Performance Bond; and WHEREAS, the Town is desirous of resolving the matter with Gulf Insurance Company so that a Contractor can be employed to complete the unfinished work set forth in Contract No. 6. NOW, THEREFORE, BE IT RESOLVED, as follows: X 07/07/2003.WS 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Supervisor Joseph Ruggiero is hereby authorized to execute the Agreement tendered by Gulf Insurance Company in consequence of its obligations under a certain Performance Bond (Bond No. B21860213) issued in connection with Wappinger Water Improvement Area 1999-2(R), Contract No. 6 on behalf of Clayton Industries, Inc., in substantially the same form as in the Agreement attached hereto, subject to any amendments thereto recommended by the Engineer to the Town or the. Attorney to the Town. 3. The Town Board recognizes that the finalization of negotiations with Gulf Insurance Company is of the utmost importance and the Town Board hereby authorizes Supervisor Joseph Ruggiero, Engineer to the Town Joseph E. Paggi, Jr. and Attorney to the Town Albert P. Roberts to take whatever steps are necessary to negotiate and settle the terms and provisions in the Agreement between Gulf Insurance Company and the Town of Wappinger, to obtain the monies to be tendered by Gulf Insurance Company to the Town of Wappinger and to make arrangements with a replacement contractor to complete all unfinished work required by Wappinger Water Improvement Area 1999-2(R), Contract No. 6. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-186 RESOLUTION ADOPTING BIDS FOR APPLESAUCE POND AERATION PROJECT Councilman Valdati moved to re -bid the Applesauce Pond Aeration Project because no bids were received, seconded by Councilman Colsey and unanimously carried. RESOLUTION NO, 2003-187 RESOLUTION DIRECTING EMERGENCY REPAIRS TO CARNWATH MANSION OIL TANKS TO BE RE -BID Mark Fellenzer, Engineer for the project felt that the bid that was received was excessive, and recommended the board reject the bid and re -bid the project. 3 07/07/2003.WS Councilman Valdati moved to reject the bid received and re -bid the Emergency Repairs to Carnwath Mansion Oil T&Aks f seconded by Councilman Bettina and unanim;,usly �arriea.. RESOLUTION NO. 2003-188 RESOLUTION CALLING FOR A PUBLIC HEARING FOR THE INCREASE IN COST OF THE SEWER IMPROVEMENT IN SEWER IMPROVEMENT AREA NO.4 OF THE TOWN OF WAPPINGER PURSUANT TO ARTICLE 12-C OF TOWN LAW The following resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town Board of the town of Wappinger, Dutchess County, New York, on May 28, 1996 caused Sewer Improvement Area No. 4 of the Town of Wappinger to be created, and authorized the making of certain improvements therefore; WHEREAS, said improvements are as described in a map, plan and report, including an estimate of cost, duly prepared by Paggi, Martin & DelBene, LLP, competent engineers duly licensed by the State of New York, which has been prepared in such detail and in such a manner as are acceptable to the Town Board; WHEREAS, said improvements include the construction of collector lines including original furnishings, egtapment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, as more fully show in the aforesaid map, plan and report and estimate of cost on file in the office of the Town Clerk, which is available for inspection by any person or person interested in same during regular office hours at said office; and WHEREAS, said capital improvements as originally proposed in connection with the establishment of Sewer Improvement Area No. 4 of the Town of Wappinger had a maximum estimated cost of $403,000.00 and said improvements were determined to be in the public interest by an order dated May 28, 1996; and WHEREAS, it has since been determined, based on further examination and estimation, that the estimated maximum cost has increased to $501,000.00, an increase of $98,000.00; and WHEREAS, said additional estimated cost shall be paid from monies available therefore; and WHEREAS it is now desired to call a public hearing for the purpose of considering said map, plan and report, and the revised estimate of cost, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q(5) of the Town Law; 4 07/07/2003.WS NOW THEREFORE BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town on the 18th day of August, 2003, at 7:30 p.m., Prevailing Time, to consider the aforesaid map, plan and report, including such revised estimate of cost and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Poughkeepsie Journal and the Southern Dutchess News and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as a foresaid, all in accordance with the provisions of Section 209q of Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Order was thereupon declared duly adopted. RESOLUTION NO. 2003-189 RESOLUTION AUTHORIZING CONSTRUCTION & INSTALLATION OF WELL AT AIRPORT DRIVE RECREATION FIELD The following resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger Recreation Department has requested that a well be installed at the Airport Drive Recreation Field to provide potable water for the users of the Field as well as to provide water for maintaining the fields and vegetation at the site; and WHEREAS, the Wappinger Soccer Club has volunteered to construct a pump house for the well at no cost to the Town; and WHEREAS, the Town Engineers, Paggi, Martin & Del Bene, LLP, have prepared design criteria for, a well to be located at the airport drive Recreation field; and WHEREAS, requests for proposals were submitted to several well drilling companies in accordance with the Town's Procurement Policy; and 5 07/07/2003.WS WHEREAS, several bids were received on or before July 7, 2003 and reviewed by Gloria J. Morse, Town clerk of the Town of Wappinger; and WHEREAS, Joseph E. Paggi, Jr., P E. of Paggi, Martin & DelBene, LLP has provided an award recommendatiari -U'-o the Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in the Resolution as if fully set forth and adopted 'herein. 2. The Town Board hereby determines that a well is needed at the Airport Drive Recreation Field to provide potable water at the site as well as to provide water for maintainhig tna grounds and fields at said site. 3. The Town Board confirms the action of the Recreation Department in authorizing Joseph E. Paggi, Jr., P.E. of Paggi, Martin & DelBene, LLP Engineer to the Town, to prepare well specifications for the well and appurtenances to be installed at the Airport Drive Recreation Field. 4. The Contract for the installation and construction off -a well and appurtenances at the Airport Driti e Recreation Field is hereby awarded to P.F. Beal & Sons; Inc., with an office at Brewster, New York for the price of $9,572.00 in accordance with the award recommendation dated 7/3/03 from Paggi, Martin & DelBene, LLP. 5. Supervisor Joseph Ruggiero'is herby authorized and directed to sign a Contract and/or Purchase Order on behalf of the Town of Wappinger for the construction of the aforementioned well and appurtenances in accordance with the award above-mentioned. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-190 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 10 EVERGREEN DRIVE The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, on or about February 24, 2000, Andlyn Associates deposited Three Thousand Dollars ($3,000) with the Town of Wappinger for the purpose of driveway blacktopping at the property at 10 Evergreen Drive pursuant to Permit No. c/o 99-404; and 1.1 9 07/07/2003.WS WHEREAS, the blacktopping has now been satisfactorily completed and the return of the unused escrow amount of Three Thousand Dollars ($3,000) has been recommended by Graham Foster, Highway Superintendent to the Town of Wappinger, in his letter dated June 20, 2003 to the Town Board Members. 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. Payment is approved in the amount of Three Thousand Dollars ($3,000) made payable to Andlyn Associates, Permit Number c/o 99-404, for the refund of the unused escrow funds deposited for the property located at 10 Evergreen Drive. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-191 RESOLUTION AUTHORIZING STUDY FOR WORKFORCE AND SENIOR HOUSING The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town Board recognizes that housing for the local workforce and senior citizens is an integral part of the vitality of many communities; and WHEREAS, the Town Board has formed a Master Plan Committee to study the Town's Master Plan and zoning needs. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Planner Frederick P. Clark Associates, Inc., Albert P. Roberts, Attorney to the Town and Joseph E. Paggi, Jr., P.E. the Engineer to the Town are hereby authorized to study, recommend and propose a plan for workforce and senior citizen housing to be used as a tool for the Master Plan Committee and the Town Board in making any proposed amendments to the Town's Master Plan and/or Zoning Code. The foregoing was put to a vote which resulted as follows: JOSEPH RLUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye 7 07/07/2003.WS JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting . Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-192 RESOLUTION AUTHORIZING BUDGET TRANSFERS The following resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated July 2, 2003 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. 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 hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2003: A. Request that $125,000.00 be loaned from A Fund to Greystone- Carnwath project on a temporary basis to cover bills until grant is received from Dutchess County. B. Request that $30,000.00 be loaned from B Fund to Tri -Municipal Sewer Project 3B to cover preliminary costs until financing is done in November, 2003. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-193 INTRODUCING LOCAL LAW NO. OF THE YEAR 2003, EXEMPTING SENIOR CITIZENS FROM TOWN DOG LICENSING FEES The following resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger has previously adopted Local Law No. 7 of the Year 1978 which provided for a $2 increase in the Town of Wappinger Dog Licensing Fee pursuant to Section 11 (4)(b) of the Agriculture and Markets Law to all dog owners aged sixty-five (65) years or over; and 07/07/2003.WS WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature, pursuant to Section 110 (4)(b) of the Agriculture and Markets Law, authorizes certain municipalities, including the Town of Wappinger, to exempt all dog owners who are aged sixty-five (65) years or over from the payment of additional dog licensing fees imposed by the Town of Wappinger pursuant to Local Law; and WHEREAS, the Town Board has determined that it is appropriate to exempt dog owners who are aged sixty-five (65) years or over from the payment of said additional Town of Wappinger dog licensing fees pursuant to Section 110 (4)(b) of the Agriculture and Markets Law; and WHEREAS, the Town Board has further determined that an amendment to Local Law No. 7 of the Year of 1978 is necessary to exempt all dog owners who are aged sixty-five (65) years or over from the payment of said additional Town dog licensing fees; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 hereby introduces for adoption Local Law No._ of the Year 2003 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of the Year 2003 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 18th day of August, 2003, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye N 07/07/2003.WS JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adoptea.. RESOLUTION NO. 2003-194 INTRODUCING LOCAL LAW NO. _ 200 AMENDING THE TOWN CODE TO CLARIFY THE DUTIES OF THE ENFORCEMENT OFFICERS The following resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the Town Code should be amended in order to clarify the officers of the Town empowered to enforce the Town Code; and WHEREAS, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to amend, the Town Code to clarify the duties of the various enforcement officers of the Town; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 hereby introduces for adoption Local Law of The Year 2003 entitled "Enforcement Officers" in the forin annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2003 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 18th day of August, 2003, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The question of the foregoing Resolution was put to a vote on roll call, which resulted as follows: 10 JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman 07/07/2003.WS Voting Aye Voting Aye Voting Aye Voting Absent Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-196 RESOLUTION AUTHORIZING CORRECTED SUMMER CAMP SALARIES The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town Board adopted Resolution #2002-162 authorizing salaries for summer camp directors, counselors and swim personnel on June 6, 2003; and WHEREAS, certain errors were included in the previously adopted salaries for camp councilors; and WHEREAS, Ralph Holt, chairman of the Town of Wappinger Recreation Commission has submitted a corrected salary scale for 2003 camp councilors. 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 salaries for Summer Camp Councilors for 2003 are hereby adopted as follows: 1St year $6.15 2nd year $6.85 3rd year $7.60 4th year $7.85 5th year $8.10 6th year $8.35 All those with First Aid/CPR will receive an additional $.10 per hour. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS: Councilman Valdati had a question for the Zoning Administrator on Inter - City Tire. They seem to have a lot of heavy equipment tires stored outside 11 07/07/2003.WS and large trucks to cart them away. Do they have a site plan to do that? The Zoning Administrator answered that her deputy has been looking into that matter. They are not keeping the tires outside 24 hours a day. They are bringing them in at night. They are also in the process of applying for a new amended site plan. Councilman Valdati wished to know if they have a site plan at this time. The Zoning Administrator explained that it does not prohibit such a use. Attorney to the Town Al Roberts interjected that the first issue to be resolved is, was rezoning in place at the time the site plan was approved. Whether outdoor storage was or was not permitted. We have to go back to the original site plan approval and look at the Zoning Ordinance in effect at the time the site plan was approved. That is the basis to determine what could or could not have been approved. Councilman Valdati moved to authorize the Zoning Administrator to provide a written opinion with help from our attorney on how she arrived at that opinion, seconded by Councilman Colsey and unanimously carried Councilman Bettina received a call from Mr. Beneway of 32 Stuart Avenue in regard to gang graffiti on the water tower in the Village. Councilman Valdati made a motion for the Town to memorialize the Mayor of the Village of Wappingers Falls that there is a problem in the Wenliss Terrace area, near the water tower and he and his trustees be made aware of this and have their Village Police Force make their presence felt in that area., with a copy sent to the State Police and Mr. Beneway. Seconded by Councilman Bettina and unanimously carried. Councilman Bettina with some concerns regarding the car that landed in the ditch near the pond by Chelsea Ridge. Tf the driver had gotten stuck in the car he could have drowned.. Supervisor Ruggiero explained that he is the process of drafting a letter to Commissioner Murphy and County Executive Steinhouse requesting that the county look at that section of Route 9D. There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 8:30 p.m. Ira ,gyp Gloriaorse Tow erk 12 07/07/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on July 7, 2003, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Application for a Special Use Permit for North Chelsea Substation Expansion by Central Hudson Gas & electric Corporation. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived 7:38 pm) Christopher Colsey, Councilman Others Present Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Gloria J. Morse, Town Clerk Absent: Joseph Paoloni, Councilman 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) and the receipts for the certified mail sent to the adjoining property owners as per Town Law. Rich Rennia of Morris Associates a representative of Central Hudson explained that Central Hudson wished to expand the North Chelsea Substation located on Route 9D. It is in a Conservation Commercial Zone and in accordance with Town of Wappinger Town Code Chapter 240 section 37, they were here tonight for a Special Use Permit. The existing substation is approximately 39,000 square feet and Central Hudson would like to expand the substation approximately 11,500 square feet, giving a new total substation size of 51,214 or 1.1 acres. The project will include two new transformers, three new circuit breakers three new steel dead end transmission structures and one new power control center. The other part of the project includes the retirement of the Chelsea Road Substations located along Chelsea Road further south on Route 9 D at the intersection of Route 9D and Chelsea Road. Three wet land areas have been located at the present site and they have been flagged and they will not be encroached upon. A noise study has been performed and the average noise will not exceed 50 decibels from the station, and there will be minimal visual impact. Supervisor Ruggiero wished to know if there were any comments or question from the audience. There were none. Councilman Bettina said he was told by a constituent years ago that their assessments were down because of the location of the substation. "Will the 07/07/2003.PH assessment be raised now that the substation is moving?" Supervisor Ruggiero explained this is not grounds for reassessment. "We would not reassess neighbors for improvements done to Chelsea. An example would be if you put a porch on your house, we would not reassess your neighbor." There were no more questions or comments from the public. Councilman Bettina moved to close the Public Hearing, seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 7:45 pm. 0 Gloria J orse Town Clerk 'Poughkeepsie 30urnal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV-EN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEAR- ING on the 7th day of July, 2003 at 7:30 p.m. at the Town Wall, Town of Wappin- r ger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties. in Interest and citi- zens shall have an opportu- nky to be heard as to whether or not the Applies - tion of Central Hudson Gas t' & Electric Corporation on behalf of North Chelsea Substation for a Special Use Permit pursuant to §240- 16(F) to authorize an expara sion of the North Chelsea Substation located on a parcel'of land identified as Tax Grid Number 13-5689-6056.02.760980-00, with a common street ad- dress of 2070 Route 9D, Wappingers Falls, New York, shall be granted. PLEASE TAKE FURTHER ~ NOTICE that the Town Board has determined that pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (com- monly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's , Environmental Quality Re- view Law) that this Applica- tion is and Unlisted Action and the Town Board hereby reserves its right to make its SEORA Determination after ' the conclusion of the Public Hearing. PLEASE TAKE FURTHER ,. NOTICE that copies of the Application for the Special Use Permit are available for + +' review and inspection at the '. Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hell, 20 Middlebush Road, Wap- pmgels Falls, New York. Datedt June 23, 2003 BY Of DER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER , GLORIA J. MORSE, TOWN CLERK *E 1762., 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 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper f8pe in l 9 cessively, in each week, commencing on the 26f -h day of June 2003 and on the following dates thereafter, namely on: And ending on the day of , 2003 ,both days inclusive. /Subscribed and sworn to before me this 2 day Public Myco..mmiss ion expires C)IF 0290 LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 Qualified in Dutches o my Commission Expires ..r 7 c.COU� HF.RN F)UTCHFSS NEWS RFA(:ON FREE PRESS 84 FAST MAIN STRFFT WAPP.T:NGF.RS FAI...I..,S ; NY .1.2F)90 -F -F i_. <-i a %-o _i t_ c -f -F P " " 1 5. <-- a. t_ I cz in To: I.,IAPPTNGFR`', F AI_.i_.y ; MIAIN P f) RC)y 324 I.,IAPP.T.NGFRc, F AI...I._.S NY 1. Syr Fir : I...ega. l not..i ne. #58,340 t.a.t.e of NF.I,,I YORK 3 (-ot(nt.y of DUTCHFSS 1':, TMA. HEATH., he i.. ng duly sw nr rl ; deposp. and say. that T am t.hi-, R00K.KFFPFP of Sc.)ut.hew n Ia(itr.h Nei,ij ; a. I�jeekl.y nevjspaper of genc:ra.l.. (- .J.rcttl at.i on ptif- i.shpd J.n WAPPTNGFRS FAI I -S. s County of F)(ITCHESS ; FJ a.t.f= of NEW YORK; and that. a notice., of t41h.i.ch the. annexed is a printed ropy; tia,a di-i.l_y pti.hl.i.shed In Southern Du..t.cht=:ss News onG^ on 07/0.' /0:3, . lwnrn to before fn.e. t.hi.- 2nd (Day of July, 200:3 NotAry F,I.l.hl i..c. ALBERT M. OSTEN NOTARY PUBLIC, STARE OF NEW YORK QUALIFIED IN OUTCHESS COUNTY 414-8240760 COMMISSION EXPIRES JUN 1'5 zoos NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the7th doydJuy, 2003 at7:30Rm. Otte Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Fells, New York, at which time all parties in interest and citizens shall hove an op- portunity, p- portunitytc be heard as to whether or not the Application of Central Hudson Gas & Electric Corporal on on behad d North Chelsea Substation for a Special Use Permit pursuant to §240-16(F) to autw- rae an e*ansion of the North Chelsea Substation located on a parcel of land identified as Tax Grid Number 13-5689- 6056.02.760980-00, with a common street address of 2070 Route 9D, Wappingers Falls, New York, shall be granted. PLEASE TAKE FURTHER NOTICE that the Town Board Fres determined that pursuant to Article 8 of the Envirormeh- lal Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No.6 of 1992 (the Town's Environmental Quality Review Law), that this Application is an Unlisted Action and the Town Board hereby re- serves its right to make its SEQRA De- termination after the conclusion of the Public Hearing. PLEASE TAKE FURTHER NOTICE that copies of the Application for the Special Use Permit are available for review and inspection at the Office of the Town Cie* on weekdays from 8:30 am. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. DATED: June 23, 2003 - BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria J. Morse, Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ►T0Ml-" OF NOTICE OF PUBLIC HEARING IN THE MATTER OF APPLICATION FOR A SPECIAL USE PERMIT FOR NORTH CHELSEA SUBSTATION EXPANSION BY CENTRAL HUDSON GAS & ELECTRIC CORP. STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF 10Z01U10 GLORIA J. MORSE, 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 June 24, 2003 your deponent posted a copy of the attached notice of Public Hearing on a Special Use Permit for North Chelsea Substation Expansion by Central Hudson Gas & Electric 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. GLORIA J.finger Town Clerk Town of Wa Sworn to before me the day of JcJ Lam, 2003 Notary Riablic, Stata of NewYork RiesMng in Duttchzs,s.,.�PC�,�{ounty Z B4OIvtL�.rU'�l302 My Corrrnission Expires. April 17, 20*