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2002-10-15 RGM10/15/2002.WS The Workshop Meeting of the Town of Wappinger was held on October 15, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Absent: Gloria J. Morse, Town Clerk At this time 7:31p.m., Councilman Valdati moved to go into Executive Session due to a personnel matter that has just arisen. Seconded by Councilman Colsey Motion Unanimously Carried The meeting reconvened at 7:35 p.m. with all board members in attendance. PUBLIC HEARING: Public Hearing Cranberry Hills, LLC DISCUSSION/PRESENTATIONS: • Robinson Lane Lighting -Postponed • Chloride Contamination -Postponed RESOLUTION NO. 2002-280 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 20 SPRING STREET The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey WHEREAS, on March 25, 2002, Claire Gibson deposited One Thousand Five Hundred Dollars ($1,500.00) with the Town of Wappinger in escrow to secure the completion of site work at 20 Spring Street, Chelsea, New York pursuant to Building Permit NO. 01- 474; and WHEREAS, the required site work has now been satisfactorily completed and the return of the escrow amount of One Thousand Five Hundred Dollars ($1,500.00) has been recommended by Mark Liebermann, Town of Wappinger Fire Inspector, in his letter dated September 19, 2002 to the Town of Wappinger Town Board; NOW, THEREFORE, BE IT RESOLVED, as follows: 1 10/15/2002.WS 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 One Thousand Five Hundred Dollars ($1,500.00) made payable to Claire Gibson for the refund of the unused escrow funds deposited for the required site work at 20 Spring Street, Chelsea, New York, pursuant to Building Permit No. 01-474. 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 Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2002-281 RESOLUTION AUTHORIZING REFUND OF APPLICATION FEE FOR BUILDING PERMIT APPLICATION NO. 20203 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, on April 23, 2002, Debra Wright paid the Application Fee of Thirty Five Dollars ($35.00) to the Town of Wappinger for Building Permit Application No. 20203 for her property at 3 Bell Air Lane, Wappingers Falls, New York; and WHEREAS, Ms. Wright has been unable to commence the work covered by said Building Permit; and WHEREAS, Ms. Wright has requested a refund of the Thirty Five Dollar ($35.00) Application Fee. 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. Payment is approved in the amount of thirty-five Dollars ($35.00) made payable to Debra Wright for the refund of the Application Fee for Building Permit Application No. 20203 for sewer hook-up work at 3 Bell Air Lane, Wappingers Falls, New York. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman This Resolution is hereby duly declared adopted 2 Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye 10/15/2002.WS RESOLUTION NO. 2002-283 RESOLUTION TO AUTHORIZE THE PAINTING OF THE BARN AT MONTFORT ROAD The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, the Recreation Committee has recommended the painting of the Exterior of the Barn on Montfort Road; and WHEREAS, the Recreation Committee has received quotes for this project in which the lowest was given by O'Dell Painting; and WHEREAS, the Recreation committee has requested a purchase order in the amount of Six Thousand, Six Hundred, Thirty -Five Dollars ($6,635.00) payable to O'Dell Painting. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth an adopted herein. 2. A purchase order is hereby authorized in the amount of Six Thousand Six Hundred and Thirty -Five Dollars from Recreation Account No. A- 7110.4, in accordance with a letter dated October 9, 2002 from Ralph Holt, Recreation Chairman, to the Town Board. 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 Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2002-284 RESOLUTION TO ACCEPT ROAD FRONTAGE ALONG KETCHAMTOWN ROAD The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni WHEREAS, by Resolution dated August 19, 2002, the Planning Board of the Town of Wappinger granted an Application for Subdivision Approval to Richard H. Chazen and Cathy C. Stone for a 7 -lot subdivision entitled "Old Hopewell Acres"; and WHEREAS, one of the conditions of Subdivision Approval is that the Applicants dedicate a strip of land along Ketchamtown Road to the Town; and WHEREAS, the Applicants Richard H. Chazen and Cathy C. Stone have tendered such strip of land for dedication. 3 10/15/2002.WS 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. Town Board hereby accepts the Deed of Dedication for the road frontage from Richard H. Chazen and Cathy C. Stone along Ketchamtown Road in the Town of Wappinger and directs the Supervisor Joseph Ruggiero to execute any documents necessary to record the Deed in the Office of the Dutchess County Clerk, and further directs the Town Clerk Gloria Morse to record said Deed and related documents in the Office of the Dutchess County Clerk. 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 Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 285- 2002 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #14 OF THE YEAR, 2002, AUTHORIZATION TO PLANNING BOARD TO PERMIT A CONSERVATION SUBDIVISION FOR LANDS OWNED BY CRANBERRY HILLS, LLC" The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #14 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and WHEREAS, a Public Hearing was held on October 15, 2002 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Planning Board, as Lead Agency, has issued a Negative Determination of Significance for this Type I Action, which concluded the environmental review of this project; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. 4 10/15/2002.WS NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #14 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC", a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED that the Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Nay ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Nay CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted There was no other business to come before the board.. Councilman Valdati moved to close the meeting at 10:42 seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 10:42 p.m. 5 Sandra Kosakowski Deputy Town Clerk °Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. X�K}k ofTown. - WAPPINGER ------- --- ------------------------------ �IH Local Law No,------� -----•-------------- of the year -i Alocal law __entitled "LOCAL LAW No. OF THE YEAR 2002 AUTHORIZATION TO ----------------i--+-------------------- d�.< rdn--------- '------- PLANNING BOARD TO PERMIT A CONSERVATION SUBDIVISION FOR LANDS OWNED ------------------------------------------ - BY CRANBERRY HILLS, LLC." ---------------- ------------------------------- ----------------------------------------------------- Be It enacted by the -----------Town_ Board ------------------ -------------------------------------- of the �C of-_____-_WAPPINGER- - Town------------------------------------------------------------- as follows: TEXT COMMENCES ON NEXT PAGE. e (If additional �oace is needed, attach pages the same size as this sheet, and number each.) GOS•_341Rev. t 1, w� H LOCAL LAW NO. OF THE YEAR 2002 A Local Law entitled "Local Law No. _ of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: 1. This Local Law shall be known and cited as Town of Wappinger "Local Law No. #14 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC". This Local Law will authorize a 322.67 acre tract of land located on Widmer Road in the Town of Wappinger to be treated as a Conservation Subdivision (cluster subdivision) and to otherwise modify the zoning regulations with respect to lot area and dimensions pursuant to Town Law §278, as set forth below. Section II: Legislative Intent: 1. Cranberry Hills, LLC (hereinafter "Cranberry") owns a 322.67 acre tract of land located on Widmer Road in the Town of Wappinger (hereinafter "Property"). The Property had previously consisted of a 550 lot subdivision, which subdivision has been abandoned by Cranberry. Cranberry has made Application to subdivide the Property into a 232 lot Conservation Subdivision for the same parcel of the land. 2. The proposed subdivision of these lands as a Conservation (cluster) Subdivision is authorized by Town Law §278, in accordance with Town of Wappinger Zoning Code §240-19.B. Pursuant to §240-19.B. of the Town Zoning Code, the Planning Board is only authorized to approve Conservation Subdivisions whenever specifically authorized by the Town Board by Local Law pursuant §278 of Town Law. September 23, 2002 0AWAPPINGMTown Board\LOCAL LAWACranbeiTy\L1,2002-Final.doc 3. The cluster authorization was formally requested on behalf of Cranberry by its attorneys, Watkins & Cherneff, by letter dated April 16, 2002. The 232 -lot cluster subdivision will include building lots ranging in size from 0.24 through 8.35 acres in area. The Applicant and the Planning Board have both otherwise complied with the provisions of - the Town Law §278 and §240-19 of the Town of Wappinger Zoning Code. The purpose of this Local Law is to authorize the Planning Board to approve the 232 -lot subdivision as a Conservation Subdivision as that term is defined in §240-19 of the Town of Wappinger Zoning Code upon the terms and conditions hereinafter set forth. 4. The proposed subdivision will require disturbance of + 116.3 acres, including ± 3.61 acres with slopes greater than 15% associated with road construction; ± 0.57 acres of ACOE regulated wetlands; + 0.21 acres of N.Y.S. D.E.C. regulated wetlands; and + 2.7 acres of N.Y.S. D.E.C. regulated wetland buffer. The disturbance to the wetland buffer includes approximately 110 feet of N.Y.S. D.E.C. wetland crossings and an additional 200 feet crossing in one Federal wetland. The Town Board acknowledges that additional site disturbance will occur when the Myers Corners Road access road is constricted as hereinafter provided. The Town Board acknowledges that it has been demonstrated that the aforementioned disturbances to the Federal and State wetland areas and buffers will be approved by the N.Y.S. D.E.C. The Town Board acknowledges that the Planning Board has coordinated the SEQRA review of this subdivision application and all of the aforesaid environmental impacts as a Type I Action and as Lead Agency issued a Negative Determination of Significance for this subdivision by Resolution dated May 20, 2002. Based on the foregoing, and consistent with Town Law §278 and Town of Wappinger Zoning Code §240-19, the Town Board determines that the proposed Conservation (cluster) September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc Subdivision is the most beneficial way to develop this property consistent with good planning and zoning practices and sensitivity to environmental considerations. The Town Board further determines that the proposed Conservation Subdivision will result in a more efficient and attractive development, will ensure the appropriate preservation of open space and environmental resources, and will minimize impacts upon surrounding and adjacent properties. Section III: Authorization to Approve a Conservation Subdivision: 1. Pursuant to Town of Wappinger Code Chapter 240.19.B., the Town Board hereby authorizes the Planning Board of the Town of Wappinger to modify the zoning regulations with respect to lot area and dimensions so as to permit a 232 -lot Conservation Subdivision on Property owned by Cranberry Hills, LLC, identified as Tax Grid Number 6158-04-676438 on the Town of Wappinger Tax Assessment Map and in accordance with a "Site Layout Plan" last dated June 18, 2002 prepared by Kellard Engineering and Consulting, P.C. provided that Cranberry Hills, LLC and the Planning Board comply with the following terms and conditions: (a) Cranberry Hills, LLC, its successors and/or assigns shall construct a road, built to the Town of Wappinger Highway Specifications as same exist at time of commencement of construction, from the proposed subdivision to Myers Corners Road along properties presently owned by Cranberry Hills, LLC; the construction of the road to Myers Corners Road shall be commenced and binder course completed prior to issuance of any Building Permit for units in Phase IIB as shown on the "Phasing Plan" prepared by Kellard Engineering & Consulting, P.C., last dated June 18, 2002; upon construction of the road to Myers Comers September 23, 2002 0AWAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Finat.doc Road, Cranberry will not be required to make any improvements to the intersection of New Hackensack Road and Widmer Road as previously offered by Cranberry; (b) a Sidewalk District shall be created for all areas within the subdivision wherein it is proposed that sidewalks will be constructed; (c) a Lighting District shall be created within all areas within the subdivision where street lighting will be constricted; (d) a Drainage District shall be created encompassing all phases of the subdivision; (e) the Town Board shall. review and approve conceptual architectural designs for the elevations of proposed residences to be constructed within the subdivision. ("Elevation Designs") (f) the Town Board hereby acknowledges receipt, review and approval of five such Elevation Designs, said plans being more particularly identified on Schedule "1" attached hereto. Notwithstanding the Elevation Designs incorporated in this Local Law and approved herewith, The Town Board shall approve such - additional Elevation Designs as may be submitted by Cranberry from time to time, provided such Elevation Designs are consistent with and in substantial conformity of appearance and materials with any Elevation Designs previously approved by the Town Board, or incorporate such changes or deviations therefrom as the Town Board shall deem appropriate.. Such Elevation Designs shall be approved by resolution of the Town Board without the passage of an additional Local Law, which approval shall not be unreasonably withheld or delayed. September 23, 2002 OAWAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc (g) no house of identical exterior appearance shall be permitted to be constructed immediately adjacent to a house of identical appearance along the same street without the consent of the Planning Board, which may modify this restriction by resolution only when necessary for sound planning purposes; (h) the Town Board hereby acknowledges receipt, review and approval of the conceptual scheme for the typical landscape plan for the proposed residences, said landscaping plan is more particularly described in Schedule "2" attached hereto. The Town Board shall approve such additional landscape schemes as may be submitted by Cranberry from time to time provided such landscape schemes are consistent with and in substantial conformity of appearance and products as set forth in Schedule "2". Such additional landscape schemes shall be approved by Resolution without passage of an additional Local Law, which approval shall not be unreasonably withheld or delayed. (i) any further Elevation Designs for residences to be constructed or any further landscape plans or other design plans shall be prepared by an appropriate design professional (architect, professional engineer, landscape architect, etc.); 0) the Town Board has reviewed and hereby approves the design of the light poles for all street lights to be constructed within the subdivision. Attached as Schedule "T' is the plan for the street lights hereby approved; the Town Board may modify additional plans for street lights by resolution. (k) any resolution of Final Subdivision Approval granted by the Planning Board of the Town of Wappinger, shall include, as a condition thereof, the establishment of a walking trail system through areas of the subdivision deemed appropriate September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc in and designated by the Planning Board, upon the advice of the Town of Wappinger Greenway Trail Committee, in furtherance of the enjoyment of the natural environment;; (1) any resolution of final subdivision approval granted by the Town of Wappinger Planning Board, shall require review and approval by the attorney to the Town of the form of any proposed riles and regulations of any Homeowner's Association, if applicable, or of any deed restrictions, if applicable, prior to the filing thereof, as may be required by the Planning Board; (m) the Applicant shall amend the subdivision plans to be consistent with the above referenced conditions prior to final subdivision approval. Section IV: Amendment to Zoning Map: In accordance with Section 248-8 of the Town of Wappinger Code entitled "Zoning Map", the Town of Wappinger Zoning Map shall be revised to identify the subject 322 acre property as a Conservation Subdivision pursuant to Section 278 of Town Law, Section V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Fina1.doc subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc 1 SCHEDULE1 FIVE ARCHITECTURAL PLANS AND DESIGNS OF THE PROPOSED RESIDENCES TO BE CONSTRUCTED WITHIN THE SUBDIVISION ("ELEVATION DESIGNS" FINAL — Sentember 20, 2002 O:\WAPP(N GE\Town BGard\LOCAL LAW\Cranberry\LL2002.doc Archlteetural Elcvatioe Assign Description Architectural elevation dcsisms submitt..d for initial approval consist of the following five models-; Model "A" Dated; 9/23/02 Two story Craftsman style portico at front entry side or front loaded garage, depending on lot Model "B" Datod 9/23/02 Two story Colonial style Portico at front entry Twin gables fagade - street elevation Model "C" Dated 9/23/02 Two story Colonial style Caister Gable at roof line Full porch on front elevation Model "D" Dated 923/02 Two story Craftsman style Full front porch Twin gable *, do Mndcl "B" Datcd 9/23/02 Two story Tradhional style Multi gable street &Sz& All of the above Elevudon Designs to have: Asphalt roof shingle Horizomal siding (shingle or clapboard in appearance) Traditional detailing (window $ door heads) Concrete foundations Shutters — optional Stoop or brick - optional All Elevation Nsigns are a.9 shown on drawings prepared by The Office of Garin Kurth J.W. Kurth, AIA, Architect, p.c. Wold" 1 P .2 SCHEDULE 2 TYPICAL LANDSCAPE PLAN FINAL — September 20, 2002 O:\WAPPINGE\Tuwn Guard\LOCAL 1-AW.Cranbcrry\LL2002.duc The Office of Carol) .W. Kurth, AIA Architect, P.C. 8.5 oz The orwXz: B� 710 Tai: (914) 234.2595 b+d(o�, NY 10506-0323 pax: (914) 234.6332 Email: AIACJY�'K(*AOI..COM %. :vww, ruof kurth4tchu4ata.coen ) --;GALEA mm�k� �K6. - I-.- ;, P+"" - " rN'-7.,-- s Schedule 2 Local Law No. of 2002 Cranberry Hills 232 -Lot Conservation Subdivision Authorization Minimum Requirements of Typical Landscape Plan Prior to Final Plat approval, the Applicants shall prepare a minimum typical landscaping plan that will be required of each building lot that accomplishes the following objectives and meets the following minimum planting requirements to the satisfaction of the Planning Board: 1. Foundation Plantings. An adequate number of deciduous and/or evergreen shrubs shall be planted along the front and longest side of the residence to screen the LM foundation of the residence. Shrubs shall be a minimum of 18" in height at planting, with a mature height of approximately 3'4. 2. Garage Screening. An adequate vegetative buffer shall be installed within the side yard adjacent to a garage between the midpoint of the garage and the midpoint of the length of the driveway to screen the garages and parking areas and buffer the residences. Such buffer shall consist of a shrub mass (preferably evergreen) a minimum of 3' in height at time of planting, with a mature height of 4'-6' or greater. 3. Front Yard Trees. A minimum of one (1) ornamental or flowering tree shall be installed within the front yard of each lot to provide visual interest and buffer the residences. The tree shall be a minimum of 8'-10' in height at time of planting. 4. Side Yard Trees. A minimum of one (1) deciduous or evergreen tree shall be planted within each side yard of the lot to provide shade and wind protection, demark property boundaries, re-establish tree cover and to minimize impacts to wildlife habitat. Generally, such trees shall be located within proximity to the F residence to provide shade and screening between residences, although the location of trees can be adjusted to account for conflicts with existing vegetation, field conditions, or other constraints. Deciduous trees shall be a minimum of 2"- 21/2" caliper at time of planting, and evergreen trees shall be a minimum of 6'-8' in height at time of planting. Such trees may be waived where healthy and well - formed specimens or stands of existing trees have been preserved within respective side yard(s). 5. Rear Yard Trees. A minimum of two (2) deciduous trees and one (1) evergreen tree shall be planted within each rear yard of the lot to provide shade, wind protection, re-establish tree cover and to minimize impacts to wildlife habitat. Generally, such trees shall be located so as to provide screening between residences, although the location of trees can be adjusted to account for conflicts with existing vegetation, field conditions, or other constraints. Deciduous trees shall be a minimum of 2"-21/2" caliper at time of planting, and evergreen trees shall be a minimum of 6'-8' in height at time of planting. Such trees may be waived oAwappinge\town board\local law\cranberry\landscapeplan-dwery.doc 4 where healthy and well -formed specimens or stands of existing trees have been preserved within rear yard. 6. Invasive Species. The approved plant list shall exclude the use of plants that have been identified as invasive species by agencies such as the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, including, but not limited to: Norway Maple (Acer platanoides), Winged Euonymus or Burning Bush (Euonymus alatus), Japanese Barberry (Berberis thunbergii), and Purple Loosestrife (Lythrum virgatum). 7. Street Trees. Deciduous/shade street trees shall be planted at intervals in accordance with the requirements of the Subdivision Regulations in a location between the curb and property line as determined and approved by the Planning Board in accordance with the streetscape detail plan. S. Plant List. Attached hereto is a recommended plant list of trees and shrubs that are appropriate and suited for the project and the above requirements. Other species and varieties may be added subject to the approval of the Planning Board. 9. Stabilization of Disturbed Areas. All areas that are disturbed during the construction process shall be graded, covered with 4 inches of topsoil, and seeded and mulched. oAwappinge\town board\local law\cranberry\landscapeplan-dwery.doc SCHEDULE 3 STREET LIGHTS PLAN FINAL — September 20, 2002 OAWAPPfNGE\Ta,,n BoardU.00AL LAW,Cranbcrry\LL2002.doc A t0 -<l- / \PC A? p It-\ 8.5• o -z. �tr�• -z.-� 1&515r S. (laity local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions ;, f section (36)('37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20.---, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ...... of the County of ________________________________________________ ___ State of New York, having been submitted to the electors at the General Election of November ---------------------- 20-___ pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding.local law with the original on file in this office and that the same is a correct transcript therefrom and of the Whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ------ 1------ above. Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body Gloria J. Morse, Town Clerk (Seal) Date: , 2002 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNt'YOF _Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. gnature ALBERT P. ROBERTS, Attorney to Town CUIM of Wappinger Town — Date: (3) lt,C cermicatlon to the paragraph that applies to the filing of this local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ____1Lt________ of �p 02 of the ( f ) )( e) of •-__hIApejN.Q1rR_-__- (Tow n TOWN BOARD ---------------------------------------- was duly passed by the - - ---- --- --- o ---------------- on0atob-er__15--- )0.02 to accordance with the applicable provistons of law. (Na— o/Leglslanve 9aJvt 2. (Passage by local legislative body with approval, no disapproval or repassage after disapprovai by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of the (County)(City)(Town)(Villa Qe) ofof 20------ ----------------------------------------------- _____ ____ - - - - - - - - - - -- was duly passed by the - "" —0 --- , and was a roved (Name ofLegulanve BoJyj -------�---'--" (pp )(not approved) (repassed after disapproval) by the -__________----- and was deemed duly adopted on ------------ ---------------------- I Electi ve Chief £secuti yr officer*) 70in accordance with the applicable provisions of law. ' 3. (Final adoption by referendum.) I herebv certify that the local law annexed hereto, designated as local law No. ___________________________ of the (County)(Citv)(Town)(ViIla ee) of ________________ ________ - of _0______ --------------------- was duly passed by the iNamr olLegtst�tiyr Bodv,!-------------- °° '0---- , and was (approved)(not a pp roved)(repassed after disapproval) by the___________________ i£(ectrveChiefE,,cutiveofficar•) ------------------- - ---- Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera l)(special)(annual) election held on __________________ accordance with the applicable provisions of law. —� , in -t. (Subject to permissive referendum and tinal adoption because no valid petition LM referendum.) p on was fated requesting I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of the (Countv)(Citv)(-Ibwn)(ViIlaee) of - - of 20------ ---------------------- `°R was duly passed by the a,YameofLeglslativeBodvl -----------•-- and was)( (approved not approved)(repassed after disapproval) by the______ ----------------------- IEiecf11'e('lilef£L1CI1lIL'CUfficer•) n ---------- —10 . Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2Q___ , i accordance with the ,applicable provisions of law. n ' Elective Chief Executive Officer means or includes tate chiCf execur,'ve officer of a county eiected on a county- wide basis or, if there he none, the chairperson of the county iegislative body, the may°r of a city or village, or the .supervisor of a town where such otlicer is vested with the power to approve o►- veto, local laws or ordinances. (2) k --iLj IULJI taw concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----__________________ of the City of -------------------------- - of _'0-_---- ---- having been submitted to referendum pursuant to the provisions )f section (36)(37) of the :Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on_________________ '0 became operative. - 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of the County of ----------------------------------------------- of ele20 ctors the General Election of November ____________ -� '- State of New York, having been submitted to the electors --------- -0----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Horne Rule Law, and having received the affirmative vote of a majority of the qualified electors of the c't- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding -local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner i dicated in paragraph ------ 1------ above. in - Clerk of the County rgislative v, C' awn or Vi age Clerk or officer designated by local I gislat' a body Gloria J. Morse wn Clerk (Seal.) (Certification to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF _Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ALBERT P. ROBERTS, Attorney to Tourn EXXliN Eu of Wappinger Town — Date: ci 2 Q (3) 10/15/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on October 15, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law entitled "Local Law No. _ of the year 2002, Authorization to Planning Board to permit a Conservation Subdivision for lands owned by Cranberry Hills, LLC." SUPERVISOR RUGGIERO opened the Hearing at 7:25 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent David Stolman, Town Planner Absent: Gloria J. Morse, Town Clerk At this time, 7:31 p.m., Councilman Valdati moved to go into Executive Session to discuss a personnel matter that has just arisen, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 7:35 p.m. with all board members in attendance. There was no action taken in Executive Session. Supervisor Ruggiero turned the meeting over to David Stolman, Town Planner. Mr. Stolman announced that we are here tonight to get some input with respect to the Local Law which the Town Board is entertaining tonight. The Local Law would authorize the Planning Board to approve a cluster subdivision of the Cranberry Hills property. Cluster subdivision is a subdivision where certain zoning standards like minimum lot size and minimum set backs are reduced, but there is no increase in density over density that would be permitted based on a conventional subdivision, based on the underlying zoning. The Planning Board cannot go ahead and approve a cluster subdivision unless it gets authorization from the Town Board. Councilman Bettina wished to know, from Council, in the event that the board did not vote for cluster at tonight's meeting, doesn't the applicant, under the law, have the right to develop their property? Mr. Roberts replied, under the current zoning, yes. At this time Peter Cherneff, Attorney for the applicant, Cranberry Hills, LLC, gave a brief presentation. He explained that they have been processing the application before the Planning Board for approximately two years to re 1 10/15/2002.PH subdivide this property. The present application is for 232 lots which is on approximately 322 acres. This property was previously subdivided and approved for 550 lots in 1983. What they are applying for now is recognized in both state law and the laws of the Town of Wappinger as a conservation subdivision. The reason it is called a conservation subdivision, is it permits the same number of lots as could be built in a conventional subdivision to be built using less of the land and thereby allowing more of the land to be placed in conservation to be kept as open spaces. As part of the process that the applicant has gone through before the Planning Board, it has had to demonstrate the number of lots that could be built as a conventional subdivision. The number of lots that Cranberry is applying for does not exceed the number that could be built as a conventional subdivision. There have been a number of meetings before the Town Board and they have scrutinized all of the present details for the subdivision and has gone beyond the details to look at the design features. Councilman Bettina wished to know if the DEC has signed off and approved this subdivision the way it is now? Al Roberts Attorney to the Town responded, not yet. At this time the Deputy 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 Meeting). Supervisor Ruggiero announced that he would now take questions or comments from the audience. Dan Hannigan, Maureen McCarthy, Mary Schmalz, John Leonard, Nadine Ziegler, Rose Alutree Angelo Rapa, Richard Rose, William Beale, Susan Garrigan, Bob Essech, Karen Everetts, Robert Siferman, Paul Pilon, Sandy Goldberg, Vic Fanuele, Carol Tufalis, Carol Russell, Debra Commacho, Florence Graff, Martin Bailey Al Drokus, Linda Puccia, Gerry DeAngelo, and many others spoke. Residents spoke out mostly against the project saying it would cause a strain on schools, traffic and possible water resources in the areas. Some residents stated it would affect even those who don't live on Widmer Road. and would cause drainage problems on their properties. A number of residents spoke in favor of the town purchasing the property. Though he was supportive of the idea of purchasing the property, Supervisor Ruggiero acknowledged that there were difficulties. One of the residents suggested submitting this on a public referendum to purchase the property. One of the residents was concerned regarding the depletion of the aquifers that Cranberry would create. Jay Paggi, Engineer to the Town responded that ten years ago the town purchased the Atlas Well Field which is an eleven acre parcel on the north west corner of the Town of Wappinger. They proceeded to develop that well 2 10/15/2002.PH field to provide water service to the central core part of the town including what's known as the Atlas Water District, the Central Wappinger Water Improvement Area, the Oakwood Knolls Water District, Ardmore Hills Water District, Rockingham Area and the Cranberry property. These properties participated in the purchase of that well field and are now participating in the development of the well field and the laying of necessary pipes and tanks to complete the system. When all is said and done the aquifer can produce in excess of 2 million gallons per day and will service the property. The long term planning of the town was to provide water to this property. Shad Prasad, president of the Wappinger Board of Education felt it would make sense to leave property as open space. Wappinger is looking to build another school and we need a place to garage buses and administration complexes. They are looking for land and there is none in the town available. There seems to be a lack of communication between the land developers and the school board. Peter Cherneff, Attorney for Cranberry announced that in 1983 that as part of the subdivision, Cranberry offered a parcel to the school district of approximately 27 acres. That deed was tendered to the school district and never accepted. As part of the recent subdivision application they have written to the school district and asked if they wished to have that land. The Communication was with the Superintendent of Schools. Mr. Marsh of Beth Place agreed with all the concerns that were brought up tonight, the only question was how do we start a public referendum process and how do we table this vote tonight. Supervisor Ruggiero explained that we need some facts before we take this to public referendum. We need to get through the Public Hearing tonight and let the board deliberate on the resolution. Michael Myers, president of the Builders Association of the Hudson Valley spoke. He wished to bring out several things. The first is cluster subdivision and the second is about open space. We hear a lot of talk about "smart growth". Smart growth is different than "no growth". Smart growth acknowledges that towns grow. It requires the building of schools, water & sewer and it stresses residents as the Towns grow. We really can't stop that. If they don't get a yes vote here, they will go conventional subdivision. Conventional subdivision is what we all refer to as urban sprawl. This subdivision will reduce some density and leaves open space. This is what the Dutchess County Planning Board and many of the groups that are active in trying to make sure that we grow correctly, because we can't stop growth, are trying to encourage. This would provide open space at no cost to the town. This is an option that uses good planning practices to create that open space. This development in its former life was part of the 3 10/15/2002.PH water district. If you are going to have growth this seems to be a reasonable place to do it. As to purchase of open space, we must look at all the impacts of purchasing open space. John McNamee wished to see the town vote to purchase the land and not develop it at all. David Stolman announced that the Planning Board will be entertaining a resolution of preliminary subdivision plot approval this Monday night. The Planning Board would not be able to act on preliminary approval without approval of this local law. Paul Pilon a resident of 36 years felt the town was setting a dangerous precedent if they purchased property as a means of stopping development. What's the boards position going to be when another project comes before the planning board for development. Mr. Pilon supports cluster division method to establish "smart growth" in the Town of Wappinger. Mr. McNamee wished to know the process for petition or bringing this to referendum for a public vote. Supervisor Ruggiero answered that first of all, this is a town board decision. The residents can not send in a petition and it automatically gets on the ballot. This would be a town board initiative only if the town board wishes to purchase the property and the applicant is willing to sell the property. Al Roberts, Attorney to the Town explained that the voters can petition the town board if the petition contains 10% of the voters who voted in the last gubernatorial election. Then it can be placed on the annual ballot or special election. If this is petitioned, it automatically gets on the ballot. One of the residents wished to know if the voters wished to present a petition to the town board, was there a time frame and how should it be presented. Al Roberts Attorney to the Town explained that there was a time frame to get it on the annual election which occurs in November that would have to be submitted sixty days before the election. Its too late to get it on the November ballot now. If one was submitted during the course of the year the town board could call a special election or it could be placed on the annual ballot. The petition would be presented to the Town Clerk. Mr. Roberts explained that the only thing the board is going to vote on tonight is to authorize a cluster or not cluster. It then goes back to the Planning Board for preliminary approval, which has a number of conditions to it. There were no more questions or comments from the audience. Councilman Valdati moved to close the Public Hearing, seconded by Councilman Paoloni and unanimously carried.. The Public Hearing closed at 10:05 p.m. Sandra Kosakowski Deputy Town Clerk 0 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW OF 2002 AUTHORIZATION TO PLANNING BOARD TO PERMIT A CONSERVATION SUBDIVISION FOR LANDS OWNED BY CRANBERRY HILLS, LLC STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 2, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC 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 7� day of 0 -le -t -J-4— ,2002 tA14i F` T J r,1111, !J C-1 C vi t PI I ciuj 1"y , .1A%,1c,)l, 1-1 In C) . ................................. of I- C, I k Code §240,19;8.proyi edthatCran,'� constructed adjacent to a house :d berry �y Hlllq� LLC and the Planning identical appearance longthe same, 'ti, I it I I, r) Board comply with the following ,.^�,`streetwlthout the express consent of,-�' � v; terms and conditions:,, the Planning Board, which may i �q 4 J, •(a) Cranberry Hills, ILLQ, it su"s' modify this restriction by resoluifon:�,t.'O' sora andtQr assigns.shall construct ].only when necessary for sound pi ad, built to thoTown of g purposes; fl( . H:ghway Specifications as same ex- (h)ThaTown Board intends to review in f an, th f 1") 1 - W_ " 'I t A I'— a road, nin vi 11 t t Is aftime '6f.commencement of con- and approve the conceptual scheme R P struction, from the proposed subdi- for landscaping of proposed rest- th f I'l Ck vision to Myers Corners I Road along dences, said landscape scheme to. U properties presently owned by Cron, be presented at the Public Hearing. w perry Hills, LLC; the construction of The Town Board shall approve such di the road to Myers Corners Road shall be commenced and binder course maybe submitted by Cranberry front, tic completed prior to Issuance of any time to time,provided such land.', or Building Permit for units In Phase IIB scope schemes are consistent with p,i as shown on the 'Phasing Plan' pre- and in substantial conformity of ap, R( pared by Kqllard Engineering & Con- pearanos and products with the afore-, Di sulting, P.C., last dated June 18, 'mentioned conceptual scheme; 2002; upon construction of the road r) IF .(I) any further architectural plans and y I I 1:� c to Myers Corners Road, Cranberry designs of the residences to be con-' will not be required to make any im- structed or any further landscape or GI provemorlts to the Intersectio in of Now - Other design plans shall be prepared _7 Hackensack Road and Widmer Road by an appropriate design Professional as previously offered by Cranberry; (architect; professional engineer, (b).:a Sidewalk District shall be,cre- ' landscape architect, etc.); AL13ERT-ff- ated for all areas within the subdivi. (j) the Town Board intends to review NOTARY PUBLIC, STATE OF NEW YORK Sion wherein it is proposed that side- and approve the design plans of the - walks will be constructed; light Poles for all street lights to be QUALCE-0 IN OUTCHESS C04JNTY (c) a Lighting District shall be created constructed within the subdivision. within all areas within the suWiv I 14-8240760 , lsion,-,L Said plans to a presented at the where streetlighting will be con- Public Having; lheTown Board may structed; I modify the design plans for street (d),'a Drainage District shall be 6re- lights by resolution. commlssION Ex"IflEs JUN 5: NOTICE OF PUBLIC —HEARING ated encompassing all phases of the (k) any resolution of Final Subdivi- 2003 TOWN OF WAPPINGER subdivision; sion Approval granted by the Plan - NOTICE IS HEREBY GIVEN that the (a) the Town Board shall review and ning Board of thaTown of Wappinger, Town Board of the Town of Wappinger. approve the architectural plane and , shall Include, as a condition thereof, will conduct 11 PUBLIC HEARING on designs of the proposed residences the establishment of a walking trail the 15th day of October, 2002, at 7;11jD to be constructed within the subdivi- system through areas of the subdivi- P.M. at the Town Habilu Town 0 sign prior to the'issuance of any sion designated by the Planning 20 MI dle sh', 14 Wappinger,'Newyork, at 3 fid! Building Permits for, any one -family Board, upon the advice of the Town Wappingersails which residences, which approval will not of Wappinger Greenway Trail Com - time All parties In Interest and citizens' be unrooqQnably,WjJhheld1 shall have an opportunity to be heard five, In furtherance of the enjoy - shall be granted for each ment of the natural environment as to whether the Town Board of the P hro.v,'.'� of the subdivision as' shown (1) any resolution of final subdivision P the ' Phasing Plan' ptoper Town Of Wappinger shall adopt aPro4 on - I ad -by, ;approval granted by the Town of posed Local Law which will authorize Kellard Engln6iring and Consulting' ""' Wappinger Planning Board, shall re• O a 322* acre tract of land owned by P.C, last doled June 18, 2002, except quire review and approval by the al - Cranberry Hills, LLC located on as approved by this Local Low, any,,,,�, torney to the Town of the form of any Widmer Road in the Town of further rRvloiyand approvals to be proposed proposed rules and r ulatiohs6ta Wappihger to be treated as a Coni maceb 6 09 rry servation Subdivision (cluster subd(, � -Y the n Board shall be HbmecWnqes Association Or of any maderby, foSolllon, of `the Town ' deed restrictions prior to the filing vision) and to otherwise modify the Board; thereof,' as may be required by the zoning regulations with respect to lot (f)t the Town Board Intends to review Planning Board; area and dimeniiorist pursuant to and appiroVo five district plans for (m) the Applicant shall amend the Town Law §278, subject to conditions Phase one of subdivision, said subdivision plans to be consistent Identified below. plans to be presented at the Public with the above referenced conditions PLEASE TAKE FURTHER NOTICE Hearing. ThO16wn Board reserves thatthaTaxGrid Numberforthe prior to final subdivision approval; Prop- the right to approve additional plant (n) Any further architectural plans 110NN erty is 6158-04-676438 on the Town by Resolution, the design `of: which and/or designs of the residences or of Wappinger Tax Assessment Map, will be consistent with and In shibstan- aqJurthar landscape design plans PLEASE TAKE FURTHER NOTICE tial conformity of appearance and or other design plans identified in this that the 164 of the proposedLocal materials with the aforementioned Local Law maybe approved or modi- Law 14 summarized as follows I ; : construction plans and drawings- fled by resolution of the Town Board. at a subdivision, of the ih PL S TAKE FURTHER NOTICE 1. The Planning Board will be auth the archlie - otuial design of a pro. PLEASE above -referenced pro (g) residences within' the subdiyi- that the Planning Board has con - above to treat posed property as a Con n shall be laid d o a that no adja, ducted a coordinated review for this servation Subdivision (cluster subdl- sign lots Will of have out 0 S me model vision) pursuant to Town Law §278 can Ots he -,Ih a Type I Action, as Lead Agency, and quse� h , no house of identical exterior hat adopted a Negative Datermina- and the Town of Wappinger Zoning appearance shall,be Permitted to be tion of Significance by Resolution