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2002-08-05 RGMMonday, August 5, 2002 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to the Flag Receipt and Approval of Town Board Minutes: May 13, 2002 Workshop May 15, 2002 Special Meeting May 28, 2002 Town Board Meeting June 10, 2002 Workshop June 17, 2002 Special Meeting Public Hearing: Public Hearing Garage and Yard Sale Regulations Public Hearing Peddling and Soliciting Regulations Public Hearing Bonus Density Public Hearing Building Heights and Driveway Specifications Suspension of Rules for Public Comment on Agenda Items Presentation/Discussions: Cranberry Hills -- Simon Little Nesheiwat Rezone Degnan (Thalman) Rezone Memorandum of Understanding Joint Landfill Presentation Meadowood WD Correspondence Log 2002CL-0513 to 2002-0598 Resolutions: 2002-214 Award Community Network.Net Contract 2002-216 Kablaoui Bond Reduction 2002-217 Morgan Escrow Return 2002-218 Gibson Escrow Return 2002-219 Authorize Northeast Technology Master Plan Proposal 2002-220 Interiors Escrow Return 2002-221 Youngs Escrow return 2002-222 Adopt Bonus Density Amendments 2002-223 Adopt Building Heights and Driveway Specification Amendments 2002-224 Adopt Peddling and Soliciting Regulations Law 2002-225 Adopt Garage and Yard Sale Regulations Law 2002-226 Mid -Hudson Runners Club Robinson Lane Use 2002-227 Catano Escrow Refund 2002-228 Budget Amendments 2002-230 Renaming Private Roads on Degarmo Hills Road 2002-231 Authorizing Supervisor to Sign Cranberry Easement 2002-232 Support for the Community Leadership Alliance Program 2002-233 Appoint Conservation Advisory Council 2002-237 Authorize Supervisor to sign Soccer Contract 2002-239 Authorize Kablaoui Land Purchase 2002-240 Resolution to proceed with Bidding for the Oakwood Knolls Water District 2002-242 Approve LaFonda Del Sol Tenancy to Tri -municipal Sewer 2002-243 Accept Correspondence Log , 2002-244 Authorize Assessor to Attend Seminar Executive Session: Empire Zone - Ann Conroy New Business/Comments Adjournment 08/05/2002.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on August 5, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Dan Wery, Town Planner Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Workshop Meeting of May 13, 2002, Special Meeting of May 15, 2002, Town Board Meeting of May 28, 2002, Workshop Meeting of June 10, 2002, and Special Meeting of June 17, 2002 having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Valdati moved to accept the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Councilman Paoloni Motion Unanimously Carried PUBLIC HEARINGS: Public Hearing Garage & Yard Sale Regulations Public Hearing Peddling an Soliciting Regulations Public Hearing Bonus Density Amendments Public Hearing Building Heights & Driveway Specifications SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Valdati move to suspend the rules for purposes of public comment on agenda items. Seconded by Councilman Bettina Motion Unanimously Carried PRESENTATIONS/DISCUSSIONS NESHEIWAT REZONE Mr. Atalla Nesheiwat residing at 166 Woodside Ave, Harrison New York, explained the he wished to rezone eighteen acres of land off Maloney Road to Residential. The property contains road frontage of 500 feet on Maloney Road and the surrounding property is mostly residential. It is 1 08/05/2002.RGM currently zoned airport industrial. He wishes to subdivide the property to twelve lots ranging in size from 3 acres to 1.1 acres. Industrial activities would be difficult based on the slope of the property. Mr. Roberts commented that several items were left blank on the rezone application, the applicants deed should have been attached, the dimensions of the lot should have been included, and the submission date was missing. Discussion followed. Councilman Valdati moved to refer Mr. Nesheiwat's rezone request to the Planning Board for comments. Seconded by Councilman Paoloni Motion Unanimously Carried CRANBERRY HILLS Attorney Peter Cherneff explained that on July 1st, 2002, the Town Board discussed the cluster zone approval for the Cranberry Subdivision. At that point the Board raised concerns regarding the appearance of some houses, landscaping, street lighting, etc. The issue was how standards could be developed to assure the Board that it would be comfortable with the project and give Cranberry the possibility to add to the architecture. He announced that the architect for Cranberry, George Gaspar was here tonight and would go over the initial elevation plans for houses and the basic landscaping for each house and the proposal for the street lighting. Mr. Cherneff distributed a draft of proposed text amendments to the Local Law. If the Board finds this acceptable, he wishes it be made part of the record, approval of the cluster plan state these plans are acceptable, and the text of the proposed Local Law be amended to provide that (a) cluster approval is granted based on the submissions, and (b) that the Planning Board be authorized to approve additional submission in the future for additional plans for construction of various later phases of the subdivision. Discussion followed. Attorney to the Town Al Roberts announced that he and Dan Wery would look over the copy of text amendments on the proposed Local Law and report back with recommendations. NO ACTIONS TAKEN DEGNAN (THALMAN) REZONE Sheldon Schell residing at 460 Pine Hill Road, Pleasant Valley, NY, was here tonight as a representative for John Degnan. Attorney to the Town Al Roberts explained that this property is currently used for the sale of heavy trucks and truck supplies. This is a particular use that is not permitted in the zoning district that the property is currently in. As early as 1994 several efforts were made to have the property rezoned to Highway Business which would permit the particular use in question, but for some reason died. In February of this year, the current property owner insisted on a number of X, 08/05/2002.RGM uses at the site that he and Dan Wery felt were inappropriate and should not be permitted at the site because of site constraints. It's a long narrow piece with limited access and adjacent to the Wappinger Creek. The uses that were suggested not be permitted at the site were, fast food restaurants, laundry and dry cleaning establishments, tattoo parlors, outdoor kennels, temporary outdoor sales, printing shops and gas stations. When Mr. Roberts met with the owner in Supervisor Ruggiero's office, the owner insisted on having a carte blanche rezoning. It has gone no where since then. Mr. Schell explained that he has no objections with the first restraint, but he does object to the fast food restaurants, because they want to keep their options open. Another item that was mentioned was the Wappinger Creek. One of the concerns was the parking of the trucks. They wish to develop this and open up the other end of the property so the trucks that are parked on that section of the property can be moved away from the creek. Mr. Roberts informed Mr. Schell that he had requested, but never received, a copy of the proposed site development map. The current use of the property is not permitted. Discussion followed. NO ACTION TAKEN. Applicant to submit Site Plan within 60 days. MEMO OF UNDERSTANDING -JOINT LANDFILL Supervisor Ruggiero announced that the Town of Wappinger was part of the Town of Poughkeepsie joint landfill project in the early 70's that is now closed. We are now under a DEC contempt order to close the land fill again. It is a $6 million project and Town of Wappinger will have pay around 14% of that cost. We will be getting a $2 million grant from the state. We have already received one bill. We need to adopt a resolution of intent regarding the issuance and sale of general obligation bonds for the joint land fill project. He needed a motion to add this item to tonight's agenda. Councilman Bettina moved to add Resolution #245 to tonight's agenda, for adoption, seconded by Councilman Colsey and unanimously carried. PRESENTATION MEADOWOOD WATER DISTRICT Engineer to the Town, Jay Paggi announced that he had submitted a draft Map, Plan and Report for the Meadowood Water District which will create a water district on the southwest corner of All Angels Hill and Old Hopewell Road. It binds the town to supply water to those parcels when developed. At this time there are 14 lots approved. The second phase of about 25 lots is in front of the Planning Board. It also serves water to two existing homes on the north side of Old Hopewell Road west of Balfour Drive. Construction should start toward the end of the year, and the wells should be on line by mid next year. The Town will have to hold a Public Hearing and adopt the 3 08/05/2002.RGM order establishing the district subsequent to the Public Hearing. NO ACTION TAKEN RESOLUTION NO. 2002-214 RESOLUTION AUTHORIZING PAYMENT FOR ZONING INFORMATION PACKET AND WELCOME BROCHURE The following Resolution was introduced by Councilman Bettina and Voting seconded by Councilman Paoloni. ROBERT L. VALDATI, Councilman WHEREAS, the Town Board wishes to print a Zoning Information Packet Aye and Welcome Brochure for the distribution to residents and taxpayers of the Voting Town of Wappinger. JOSEPH P. PAOLONI, Councilman NOW, THEREFORE, BE IT RESOLVED, Aye The recitations above set forth are incorporated in this Resolution as if fully Voting set forth and adopted herein. The contract for printing the Zoning Information Packet and Welcome Brochure for the distribution to residents and taxpayers of the Town of Wappinger is hereby awarded to Community Network.net/ WCG, Inc. doing business at 47 Old Post Road North, Red Hook, New York 12571, for a price not to exceed Six Thousand, Eight Hundred Dollars ($6,800.00), pursuant to the letter dated August 1, 2002 from Marcus J. Molinaro, Project Consultant of Community Network.net/ WCG, Inc. to Hon. Joseph Ruggiero, Supervisor. Supervisor Joseph Ruggiero is hereby authorized and directed to execute a Contract consistent with the above letter on behalf of the Town of Wappinger upon the approving recommendation from the Attorney to the Town, Albert P. Roberts as to the form of the contract. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-216 RESOLUTION AUTHORIZING BOND REDUCTION OF THE KABLAOUI SUBDIVISION The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, Nasouhi N. Kablawi by Mahmoud Kablaoui, his Attorney -of - Fact, has previously posted a Performance Agreement Secured by a Surety Bond for the Kablaoui Subdivision in the Town of Wappinger; and 4 08/05/2002.RGM WHEREAS, Nasouhi N. Kablawi has performed some of the work required by the Resolution of Subdivision Approval and has therefore requested a reduction in the amount of the bonds securing the Performance Agreement previously posted; and WHEREAS, Paggi, Martin & DelBene, LLP, Engineers to the Town of Wappinger, have determined that the amount of the reduced Bond should be LM $83,606.77 as per their letter of November 14, 2001, 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 authorizes a reduction in the Surety Bond posted to secure the Performance Agreement in connection with Kablaoui Subdivision from the sum of $218,683.00 to the sum of $83,606.77. 3. The Surety Bond in the original amount of $218,683.00 shall be returned to Nasouhi N. Kablawi upon receipt of a surety bond in the sum of $83,606.77 in such form as approved by the Attorney to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT Voting Aye L. VALDATI, Councilman 6W Voting A e y VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-217 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 36 MORGAN COURT The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, there remains an escrow balance for 36 Morgan Court, Application No. A018541, in the amount of One Thousand Dollars ($1,000.00); and WHEREAS, the Applicant Heidi Morgan has requested the return of the escrow balance in a letter dated June 28, 2002 addressed to the Town of Wappinger Town Board. 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. i 08/05/2002.RGM That payment is approved in the amount of One Thousand Dollars ($1,000.00) made payable to Heidi Morgan for the refund of the unused escrow funds deposited for the raking and seeding for the premises located at 36 Morgan Court, Application No. A018541. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-218 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 20 SPRING STREET The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, there remains an escrow balance for 20 Spring Street, Building Permit No. P01-474, in the amount of One Thousand Dollars ($1,000.00); and WHEREAS, the Applicant Claire Gibson has requested the return of the escrow balance in a letter dated July 2, 2002 addressed to the Town of Wappinger Town Board. 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. That payment is approved in the amount of One Thousand Dollars ($1,000.00) made payable to Claire Gibson for the refund of the unused escrow funds deposited for the driveway for the premises located at 20 Spring Street, Building Permit No. P01-474. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-219 RESOLUTION AWARDING CONTRACT FOR PREPARATION OF TECHNOLOGY MASTER PLAN The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. C. Fk 08/05/2002.RGM WHEREAS, the Town Board wishes implement a more proactive and efficient plan for upgrading the computer network and training the staff within the Town of Wappinger Town Hall; and WHEREAS, the firm of Northeast Computer Services with an office at P.O. Box 690, Rhinebeck, New York 12572, a qualified computer professionals specializing in hardware and software training and installation and is capable in preparing the Technology Master Plan that would implement a proactive and efficient plan for upgrading the computer network and training the staff within the Town of Wappinger Town Hall. 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. James P. Jeffreys of Northeast Computer Services with an office at P.O. Box 690, Rhinebeck, New York 12572 is hereby authorized to prepare a Technology Master Plan in accordance with a written proposal dated June 1, 2002 and Three -Year Technology Plan dated June 2001. Albert P. Roberts, Attorney to the Town of Wappinger, is authorized to draft and/ or review a Contract in accordance with the terms and conditions stated herein. Supervisor Joseph Ruggiero is hereby authorized to sign a Contract on behalf of the Town and authorize commencement of the work thereby. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-220 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 61 MOCCASIN VIEW ROAD The following Resolution was introduced by Councilman Colsey and seconded by Valdati WHEREAS, there remains an escrow balance for 61 Moccasin View Road, Application No. A19405, Building Permit No. P01476, in the amount of Thirteen Thousand, Eight Hundred and Seventy Five Dollars ($13,875.00); and WHEREAS, the Applicant Eugene Amy of Amy Interiors with an office at 295 Main Street, Eastchester, New York has requested the return of the escrow balance in a letter dated June 24, 2002 addressed to the Town of Wappinger Town Board. 7 08/05/2002.RGM 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. That payment is approved in the amount of Thirteen Thousand, Eight Hundred and Seventy Five Dollars ($13,875.00) made payable to Amy Interiors for the refund of the unused escrow funds deposited for the driveway and seeding for the premises located at 61 Moccasin View Road, Application No. A19405, Building Permit No. P01476. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-221 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 27 NEW HACKENSACK HEIGHTS ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, there remains an escrow balance for New Hackensack Heights Road, Building Permit No. P00-255, in the amount of One Thousand and Five Hundred Dollars ($1,500.00); and WHEREAS, the Applicant Ty Youngs has requested the return of the escrow balance in a letter dated July 3, 2002 addressed to the Town of Wappinger Town Board. 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. That payment is approved in the amount of One Thousand and Five Hundred Dollars ($1,500.00) made payable to Ty Youngs for the refund of the unused escrow funds deposited for the seeding for the premises located at New Hackensack Heights Road, Building Permit No. P00-255. 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 The Resolution is hereby duly declared adopted Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye r 9- 08/05/2002.RGM RESOLUTION NO. 2002-222 RESOLUTION TO ADOPT BONUS DENSITY AMENDMENTS COUNCILMAN BETTINA moved to table Resolution No. 2002-222, Adopting Bonus Density Amendments, pending comments from the Planning Board.. Seconded by Councilman Colsey Motion Unanimously Carried RESOLUTION NO. 2002-223 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #10 OF THE YEAR 20029 AMENDMENTS TO TOWN OF WAPPINGER ZONING CODE DEFINITION OF BUILDING HEIGHT AND DRIVEWAY SPECIFICATIONS" The following Resolution was introduced by Councilman Ruggiero and seconded by Councilman Colsey. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #10 of the Year 2002, Amendments to Town of Wappinger Zoning Code Definition of Building Height and Driveway Specifications" 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 August 5, 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 Board has determined that the proposed Local Law is subject to environmental review; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, 6 NYCRR 617 (commonly known as SEQRA) and pursuant to Chapter 117 of the Code of the Town of Wappinger (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has reviewed the intended action with respect to the criteria set forth in 6 NYCRR 617 and Chapter 117 of the Code of the Town of Wappinger and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby adopts a Negative Declaration of Significance for this action, a copy of which is attached hereto as Exhibit A; 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. D 08/05/2002.RGM NOW, THEREFORE, BE IT RESOLVED, The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #10 of the Year 2002, Amendments to Town of Wappinger Zoning Code Definition of Building Height and Driveway Specifications", a copy of which is attached hereto and made a part of this Resolution. The Town Clerk is hereby directed to file the Notice of Determination of Non - Significance with the Department of Environmental Conservation as provided by law. 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 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-224 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #11 OF THE YEAR 2002, AMENDMENTS TO THE TOWN OF WAPPINGER CODE REGULATING PEDDLING AND SOLICITING" The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #11 of the Year 2002, Amendments to the Town of Wappinger Code Regulating Peddling and Soliciting" 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 August 5, 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 Board determined that the proposed Local Law was not subject to environmental review; and 10 08/05/2002.RGM 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. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #11 of the Year 2002, Amendments to the Town of Wappinger Code Regulating Peddling and Soliciting", 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 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-225 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW REGULATING GARAGE AND YARD SALES IN THE TOWN OF WAPPINGER" The following Resolution was introduced by Councilman Paoloni 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 Regulating Garage and Yard Sales in the Town of Wappinger" 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 August 5, 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 Board determined that the proposed Local Law was not subject to environmental review; 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. 11 08/05/2002.RGM NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law Regulating Garage and Yard Sales in the Town of Wappinger", 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 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-226 RESOLUTION ENDORSING DUTCHESS COUNTY CLASSIC The following Resolution was introduced by Councilman and seconded by Councilman Paoloni. WHEREAS, the Mid -Hudson Road Runners Club, whose address is at P.O. Box 965, Wappingers Falls, New York 12590, will be sponsoring the 24th Annual Dutchess County Classic to be held on Sunday, September 15, 2002; and WHEREAS, the Mid -Hudson Road Runners Club requests the use of Robinson Lane Park on Saturday, September 14, 2002 for the set-up of tents, tables, port -a johns, etc. and on Sunday, September 15, 2002 as the start and finish line of all races in connection with the Dutchess County Classic; and WHEREAS, the Mid -Hudson Road Runners Club further requests the use of Robinson Lane on Sunday, September 15, 2002 for the running of three (3) races, a Marathon, a Half -Marathon and a 5K race, which commence at 9:00 a.m. and will proceed through the Town of Wappinger, Town of LaGrange and the Town of East Fishkill and finish at Robinson Lane Park. 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 Board endorses Mid -Hudson Road Runners Club's sponsorship of the 24th Annual Dutchess County Classic Race on Sunday, September 15, 2002. 12 08/05/2002.RGM The Town Board hereby authorizes the Mid -Hudson Road Runners Club to use Robinson Lane Park on Saturday, September 14, 2002 for the set-up of tents, tables, port -a johns, etc. and on Sunday, September 15, 2002 as the start and finish line of all races in connection with the Dutchess County Classic. The Town Board hereby further authorizes the Mid -Hudson Road Runners Club to use Robinson Lane on Sunday, September 15, 2002 for the running of three (3) races, a Marathon, a Half -Marathon and a 5K race, which commence at 9:00 a.m. and will proceed through the Town of Wappinger, Town of LaGrange and the Town of East Fishkill and finish at Robinson Lane Park, in accordance with the letter dated July 11, 2002 from Paul Cassitto, Director of the Dutchess County Classic and Member of the Mid -Hudson Road Runners Club, to Supervisor Constance Smith, and the Application submitted to the Town of Wappinger Recreation Commission on behalf of the Mid -Hudson Road Runners Club, both of which are attached hereto and made part of this Resolution. This resolution is adopted on the condition that the Mid -Hudson Road Runners Club provide proof of General Liability Insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence naming and insuring the Town of Wappinger as Certificate Holder and additional insured against any actions, claims, or lawsuits arising from personal injury, property damage, and/ or negligent acts caused by the Dutchess County Classic Race or any of its participants, agents and/ or employees, including the organizing organizations, while performing services in the Town of Wappinger pursuant to this Resolution. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-227 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 55 LOSEE ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. 13 08/05/2002.RGM WHEREAS, there remains an escrow balance for 55 Losee Road, Application No. A017506, Building Permit No. 98-842, in the amount of Two Thousand and Five Hundred Dollars ($2,500.00); and WHEREAS, the Applicants Peter Catano and Linda Catano have requested the return of the escrow balance in a letter dated July 3, 2002 addressed to the Town of Wappinger Town Board. 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. That payment is approved in the amount of Two Thousand and Five Hundred Dollars ($2,500.00) made payable to Peter Catano and Linda Catano for the refund of the unused escrow funds deposited for the driveway and seeding for the premises located 55 Losee Road, Application No. A017506, Building Permit No. 98-842. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-228 RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS AND 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 amendments to the budget as set forth in a letter dated July 15, 2002 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. 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 Board hereby authorizes the following amendments to the Town of Wappinger Budget adopted for the calendar year of 2002: General Fund — Budget Amendment Increase A1355.200 Assessor/Equipment $ 2,500.00 Increase A9950.900 Tax to Capital Project $14,625.00 Increase A0599 Appropriated Fund Balance $17,125.00 14 08/05/2002.RGM To adjust Budget for completion of Assessor's Office Repair Project due to April 16, 2002 accident. The transfer to Capital Project represents extras to Wm. Manfredi Construction Corp. not covered by Insurance, in the amount of $9,900.00, and the Insurance deductible of $4,425.00. A final accounting will be given to the Board once final payment is received from the Selective Insurance Company. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-230 RESOLUTION NAMING PRIVATE ROADS LOCATED ON DE GARMO HILLS ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, in order to comply with the Dutchess County Enhanced 911 Response Program, the Town must name all public and private roads within the Town; and WHEREAS, Fire Inspector to the Town of Wappinger, Mark Liebermann, recommends that the residence located on the unnamed private road presently addressed as 17B DeGarmo Hills Road and presently owned by Henry and Donna Farmer be renamed AMERICAN WAY; and WHEREAS, Fire Inspector to the Town of Wappinger, Mark Liebermann, recommends that the residence located on the unnamed private road presently addressed as 17 1/z DeGarmo Hills Road and presently owned by Richard and Gina Corrado be renamed AMERICAN WAY; and WHEREAS, Fire Inspector to the Town of Wappinger, Mark Liebermann, recommends that the residence located on the unnamed private road presently addressed as 58A DeGarmo Hills Road and presently owned by Martin and Shari Hilmar be renamed JOHN DEERE DRIVE; and WHEREAS, Fire Inspector to the Town of Wappinger, Mark Liebermann, recommends that the residence located on the unnamed private road presently addressed as 61A DeGarmo Hills Road and presently owned by Angelika Spronck and Ronald Tuttle be renamed EAGLE DRIVE; and WHEREAS, the owners of the properties adjoining said unnamed roadways concur with said naming of private roadways; and 15 08/05/2002.RGM WHEREAS, Superintendent of Highways to the Town of Wappinger, Graham Foster, concurs with said naming of private roadways; and WHEREAS, James Tompkins, Dutchess County 911 Addressing Unit, concurs with said naming of private roadways. 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 residence located on the unnamed private road presently addressed as 17B DeGarmo Hills Road and presently owned by Henry and Donna Farmer is hereby renamed AMERICAN WAY for all purposes pursuant to the letter dated July 22, 2002 from Fire Inspector to the Town of Wappinger, Mark Liebermann, to the Town Board Members. The residence located on the unnamed private road presently addressed as 17 1/2 DeGarmo Hills Road and presently owned by Richard and Gina Corrado is hereby renamed AMERICAN WAY for all purposes pursuant to the letter dated July 22, 2002 from Fire Inspector to the Town of Wappinger, Mark Liebermann, to the Town Board Members. The residence located on the unnamed private road presently addressed as 58A DeGarmo Hills Road and presently owned by Martin and Shari Hilmar is hereby renamed JOHN DEERE DRIVE for all purposes pursuant to the letter dated July 22, 2002 from Fire Inspector to the Town of Wappinger, Mark Liebermann, to the Town Board Members. The residence located on the unnamed private road presently addressed as 61 DeGarmo Hills Road and presently owned by Angelika Spronck and Ronald Tuttle is hereby renamed EAGLE DRIVE for all purposes pursuant to the letter dated July 22, 2002 from Fire Inspector to the Town of Wappinger, Mark Liebermann, to the Town Board Members. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-231 RESOLUTION AUTHORIZING THE ACCEPTANCE OF EASEMENTS FOR WATER AND SEWER PURPOSES FOR THE WAPPINGER WATER IMPROVEMENT AREA —1999-2(R) The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. 16 08/05/2002.RGM WHEREAS, the Town Board has previously authorized the water improvement known as Wappinger Water Improvement Area — 1999-2(R), hereinafter referred to as "Water Improvement 99-2(R)"; and WHEREAS, among the facilities to be constructed by Water Improvement 99- 2(R) is a dedicated water transmission line from the so-called Atlas well field located adjacent to Wappinger Creek to the Hilltop Water Tank located on Cider Mill Loop in the Town of Wappinger; and WHEREAS, in order to complete the construction of the dedicated water transmission line, various easements will be required through lands not owned or under the control of the Town of Wappinger, including an easement through lands now belonging to Cranberry Hills Associates as well as lands owned now or formerly by the Metzger family through Lot No. 1 on filed Map No. 10113; and WHEREAS, the appropriate easements are in the process of being finalized, drafted for execution by the property owners in question; and WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E., has indicated the Town will need the easements in place as soon as possible and prior to the next Town Board meeting scheduled for September 9, 2002. 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 Board hereby acknowledges that easements will be required through properties owned by Cranberry Hills Associates and also through properties now or formerly owned by the Metzger family and located on Lot No.1 on file Map No. 10113. The Town Board hereby authorizes Joseph Ruggiero, Supervisor to the Town of Wappinger, Joseph E. Paggi, Jr., P.E., Engineer to the Town of Wappinger, and Albert P. Roberts, Attorney to the Town of Wappinger, to take whatever steps are necessary to acquire said easements and have the same recorded in the Dutchess County Clerk's Office as soon as possible. The Town Board acknowledges that the easement required through the lands of Cranberry Hills is more accurately depicted on a map entitled "Easement Map showing Proposed Water Transmission Main through Cranberry Hills situate in Town of Wappinger, Dutchess County, New York" dated June 27, 2002, last revised July 12, 2002, a copy of which is on file at the office of the Engineer to the Town, Joseph E. Paggi, Jr., P.E. The Town Board further acknowledges that the easement required through the lands now or formally known as Metzger which is depicted as Lot No. 1 17 08/05/2002.RGM on filed Map No. 10113 and the proposed easement area is more particularly described on Schedule A which is attached hereto. Supervisor Joseph Ruggiero is authorized to execute any and all documents necessary to have these easements recorded in the Dutchess County Clerk's Office upon approving recommendation from the Engineer to the Town, Joseph E. Paggi, Jr., P.E., and the Attorney to the Town, Albert P. Roberts, that the proposed easements are in proper legal form for recording. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-232 RESOLUTION OF SUPPORT FOR THE COMMUNITY LEADERSHIP ALLIANCE PROGRAM The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, comprehensive planning, land use regulations and review and approval of land development proposals are among the most important functions of local governments in the State of New York; and WHEREAS, members of local administrative boards such as the planning board, zoning board of appeals, and conservation advisory boards consider and dispose of many important applications for permits, variances and interpretations of local land use regulations; and WHEREAS, local legislative bodies are authorized to use their delegated authority under state law to adopt a wide variety of land use regulations, controls and incentives to provide for the balanced and harmonious development of the community; and WHEREAS, land owners, developers, and leaders of local civic organization are regularly involved in testifying regarding matters pending before these legislative and administrative bodies; and WHEREAS, knowledge of the authority of local governments regarding land use control and responsible decision making regarding these matters pending before these legislative and administrative bodies; and WHEREAS, Pace University School of Law in partnership with Glynwood Center, with assistance of the Natural Resource Conservation Service, the Hudson River Greenway, and the Soil and water District conservation Boards, has established an exemplary program of training and supporting 08/05/2002.RGM local officials, private sector representatives and civic leaders in land use decisions making known as the Community Leadership Alliance Program. NOW, THEREFORE, BE IT RESOLVED, the Town Board of the town of Wappinger: 1. supports the continuation of the Community Leadership Alliance Program. 2. Offers its official sponsorship of the training sessions conducted under that program, and 3. Encourages other cities, towns, and villages in the Hudson Valley Region to offer their support and sponsorship of the Program and to nominate local leaders for participating in the Program. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-233 RESOLUTION APPOINTING CONSERVATION ADVISORY COUNCIL MEMBERS Councilman Valdati moved to table Resolution No. 2002-233 pending interviews Seconded by Councilman Bettina Motion Unanimously Carried RESOLUTION NO. 2002-237 RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND WAPPINGER UNITED SOCCER CLUB The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Wappinger United Soccer Club provide soccer activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and the Wappinger United Soccer Club. 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. 19 08/05/2002.RGM The Town Board hereby agrees to enter into the written Agreement between the Town of Wappinger and the Wappinger United Soccer Club in substantially the same form as attached hereto. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town said Agreement between the Town of Wappinger and the Wappinger United Soccer Club. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-239 RESOLUTION TO AUTHORIZING THE PURCHASE OF A PORTION OF THE COMMON BOUNDARY LINE BETWEEN LOT NO. 45 AND THE TALL TREES WATER DISTRICT PARCEL The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni WHEREAS, the Town Board has received a Memorandum dated January 20, 1995 from Ernst Martin, Jr., P.E., L.S., a member of the firm Paggi, Martin & Del Bene, Engineers to the Town, wherein Mr. Martin described a series of survey errors within the subdivision known as "Tall Trees — Section 2" filed in the Dutchess County Clerk's office as Map No. 3354; and WHEREAS, the Town owns and operates a well site and water distribution system known as the Tall Trees Water District on a parcel of land which was originally a part of the Tall Trees Subdivision above referred to; and WHEREAS, Cynthia J. Kablaoui is the owner of the parcel immediately adjacent to the parcel owned by the Tall Trees Water District, which parcel is known as Lot No. 45 as shown on Map entitled Tall Trees — Section 2" filed in the Dutchess County Clerk's office as Map No. 3354; and WHEREAS, Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, originally purchased the aforementioned Lot No. 45 in 1969, however, title to said property has subsequently been transferred to Cynthia J. Kablaoui, individually; and WHEREAS, when Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, originally purchased the property, they were also provided a survey of said parcel which inaccurately described the common boundary line between Lot No. 45 and the Tall Trees Water District parcel; and 20 08/05/2002.RGM WHEREAS, Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, have utilized the property described in their survey continuously since they purchased the property and, in fact, a portion of the Kablaoui residence (the deck) and a portion of their driveway are actually located on a portion of the parcel owned by the Tall Trees Water District; and WHEREAS, upon information supplied by Dr. Kablaoui, the survey errors in the subdivision impacts not only the lot owned by Cynthia J. Kablaoui, but other lots to the immediate east of the Kablaoui parcel; and WHEREAS, Ernst Martin, Jr., P.E., L.S. has prepared a legal description of the land needed to be transferred from the Tall Trees Water District parcel to the Kablaoui parcel to cure the errors originally created by the inaccurate survey provided to Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, said legal description being attached hereto and made part hereof marked and designated Schedule A; and WHEREAS, Cynthia J. Kablaoui has hired McGrath & Company, Inc., Real Estate Appraisers and Counselors, to undertake an appraisal of said parcel containing 5,407± square feet, which appraisal determined that the parcel was worth Nine Hundred and Seventy Five Dollars ($975.00); and WHEREAS, pursuant to Town Law §215.8 and §198.12, property of a water district not required for purposes of the district may be sold upon authorization and resolution of the Town Board; and WHEREAS, it has been determined that the particular area in question described in Schedule A attached hereto is not needed for the purposes of the Tall Trees Water District, and in fact, has been actively used by Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, for a period in excess of thirty (30) years; and WHEREAS, pursuant to Town Law §215.8 and §198.12, no public hearing is required because the value of the property is less than One Thousand Dollars ($1,000.00). 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. Based on the information referenced above, the Town Board, on behalf of the Tall Trees Water District, hereby authorizes the sale of the premises described in Schedule A to Cynthia J. Kablaoui and/ or her designee or assigns. The Town Board hereby acknowledges the appraisal prepared by McGrath & Company, Inc. dated July 18, 2002 and addressed to Mr. Mahmoud Kablaoui at 6 Amherst Lane, Wappingers Falls, New York 12590, a copy of which is on 21 08/05/2002.RGM file with the Town Clerk; the Town Board further accepts the determination of McGrath & Company, Inc. that the subject parcel described in Schedule A has a value of Nine Hundred and Seventy Five Dollars ($975.00) and hereby agrees to accept payment in such amount as consideration for the sale of said parcel to Cynthia J. Kablaoui and/ or her designee or assigns. The Town Board further determines that on behalf of the Tall Trees Water District, that the premises described in Schedule A are not needed for the Water District's purposes and the Town Board further acknowledges that the premises described in Schedule A have been under the practical use and control of said Cynthia J. Kablaoui and/ or her husband for the past 30 years or more. Upon payment of the above referenced consideration, and all related professional fees and disbursements incurred by the Town of Wappinger on behalf of the Tall Trees Water District, Joseph Ruggiero, Supervisor, is hereby authorized to take all steps necessary and to execute any and all legal instruments, including Deed, TP -584 and Equalization and Assessment Form and such other documents as may be necessary to transfer title to the said Cynthia J. Kablaoui and/ or her designee or assigns. The sale of the above referenced premises to Cynthia J. Kablaoui or her designee and/or assignees is also further conditioned on the said Cynthia J. Kablaoui paying for all costs and expenses associated with this transaction including all legal fees and engineering fees incurred by the Town on behalf of the Tall Trees Water District to enable this property to be sold to said Cynthia J. Kablaoui. Joseph E. Paggi, Jr., P.E., Engineer to the Town of Wappinger, is hereby authorized to undertake and prepare a lot line revision map and to make application to the Planning Board to approve the lot line adjustment between the parcel owned by the Tall Trees Water District and the parcel owned by the said Cynthia J. Kablaoui, known as Lot No. 45 on filed Map No. 3354 and to take all other steps necessary to permit the parcel described in Schedule A to be in proper form for sale to said Cynthia J. Kablaoui. Albert P. Roberts, Attorney to the Town of Wappinger, is hereby authorized to undertake all steps necessary and to prepare such legal documents as are necessary including Deed, TP -584 and Equalization and Assessment Form necessary to transfer the parcel in Schedule A to said Cynthia J. Kablaoui and/ or her designee or assigns. 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 22 08/05/2002.RGM The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-240 RESOLUTION AUTHORIZING ATTORNEY AND ENGINEER TO DESIGN IMPROVEMENTS AND TO PROCEED TO BID ON PROPOSED IMPROVEMENTS OF FACILITIES FOR THE OAKWOOD KNOLLS WATER DISTRICT The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Town Board has previously adopted a Map, Plan and Report for an increase and improvement of facilities for the Oakwood Knolls Water District, proposing to interconnect the Oakwood Knolls Water District to the Central Wappinger Water Improvement Area; and WHEREAS, the Town Board conducted a Public Hearing on the proposed improvements on February 28, 2002 at 7:45 p.m.; and WHEREAS, at the Town Board's regular meeting on June 10, 2002 at 7:30 p.m. prevailing time, the Town Board adopted a Public Interest Order authorizing the increase and improvement of the facilities of the Oakwood Knolls Water District in accordance with the aforementioned Map, Plan and Report; and WHEREAS, at the Town Board's regular meeting on June 10, 2002 at 7:30 p.m. prevailing time, the Town Board adopted a Resolution authorizing the issuance of Two Hundred and Five Thousand Dollars ($205,000.00) serial bonds of the Town of Wappinger to pay the costs of the increase and improvements of the facilities at the Oakwood Knolls Water District as set forth in the aforementioned Map. Plan and Report; and WHEREAS, the Resolution authorizing the issuance of Two Hundred and Five Thousand Dollars ($205,000.00) serial bonds of the Town of Wappinger also directed that a copy of the Resolution be published in the official newspaper of the Town in accordance with 81 of the Local Finance Law (Estoppel Notice). NOW THEREFORE BE IT RESOLVED, as follows 1. The recitation above set forth are incorporated in the Resolution as if fully set forth and adopted herein. 2. Twenty-one (21) days after the date of publication of the Resolution authorizing the issuance of Two Hundred and Five Thousand Dollars ($205,000.00) serial bonds of the Town of Wappinger, the firm of Paggi, Martin & DelBene, LLP with an office at 54-56 Main Street, Poughkeepsie, New York, Engineers to the town of Wappinger and the Oakwood Knolls Water District, are hereby authorized to undertake the 23 08/05/2002.RGM design and preparation of the plans and specifications of the improvements set forth in the aforementioned Map, Plan and Report and upon completion of the plans and specifications, said Engineers are authorized to advertise same for bid in accordance with the provisions of 103 of General Municipal Law of the State of New York and the Town of Wappinger Procurement Policy. 3. Albert P. Roberts of the firm Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, Attorneys to the Town, is hereby authorized to undertake such legal work as is necessary to implement the work set forth in the aforementioned Map, Plan and Report. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-242 RESOLUTION AUTHORIZING LA FONDA DEL SOL CONNECTION TO THE WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT AREA PHASE 3A The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina WHEREAS, La Fonda Del Sol is a restaurant located at 100 Old Route 9 in the Town of Wappinger on a parcel identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02-542585; and WHEREAS, the owners of the restaurant have requested permission to connect to the sewer services maintained by the Town through the Sewer Improvement known as Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A; and WHEREAS, La Fonda Del Sol is situated outside of the geographic boundaries of Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A; and WHEREAS, the owners of La Fonda Del Sol have indicated that they have had repeated difficulty with the septic system servicing the restaurant; and WHEREAS, the sewer transmission pipes for Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A are in relative close proximity to the restaurant; and WHEREAS, by adoption of this Resolution by the Town Board hereby authorizes the restaurant known as La Fonda Del Sol located at 100 Old 24 08/05/2002.RGM Route 9 in the Town of Wappinger to connect to Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A as a Tenant upon terms hereinafter enumerated. 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 restaurant known as La Fonda Del Sol located at 100 Old Route 9 in the Town of Wappinger on a parcel identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02-542585 is hereby authorized to connect to Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A as a Tenant, effective upon the Town's receipt of its standard Tenant Agreement and payment of fees set forth in said Agreement. It is hereby confirmed that the restaurant is located on a parcel of property identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02- 542585 and that in the event of the failure of the owners and/or the restaurant to pay the required tenant sewer user fees in a timely manner said fees will be relevied on the State, County and Town tax bills levied for this parcel in January of each year in accordance with law. La Fonda Del Sol and/ or the property owner of a parcel identified on the Town of Wappinger Tax Map as Tax Grid No. 6157-02-542585 shall pay tenant fees equal to the yearly Benefit Assessment plus the quarterly Operation and Maintenance Charges paid by commercial properties within the boundaries of Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A, as said Benefit Assessments and Operation and Maintenance Charges are determined by the Town Board from time to time for each year, said tenant fees to be paid on a quarter -annual basis. The Assessor to the Town is hereby directed to determine the number of benefit units to be assigned to the subject parcel in accordance with the benefit assessment formula established for Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A. 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-243 RESOLUTION AUTHORIZING PLACEMENT OF 25 08/05/2002.RGM CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. 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. Voting Aye The foregoing was put to a vote, which resulted as follows: Voting 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-244 RESOLUTION AUTHORIZING TOWN ASSESSOR TO TO ATTEND TRAINING The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey WHEREAS, the Town Board wishes to authorize Linda Tasadfoy, Assessor to The Town of Wappinger, to attend training at the 2002 NYSAA Seminar on Assessment Administration in Kerhonkson, New York on September 22, 23, 24 and 25, 2002. NOW THEREFORE BE IT RESOLVED, that Linda Tasadfoy, Assessor to the Town of Wappinger, is hereby authorized to attend training at the 2002 NYSAA Seminar on Assessment Administration in Kerhonkson, New York on September 22, 23, 24 and 25, 2002 at a cost not to exceed Seven Hundred and Five Dollars ($705.00). 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-245 RESOLUTION OF INTENT REGARDING THE PROPOSED ISSUANCE AND SALE OF THE TOWN OF WAPPINGERS GENERAL OBLIGATION BONDS FOR THE JOINT LANDFILL PROJECT The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. U41 1� 08/05/2002.RGM WHEREAS, pursuant to the Local finance Law of the State of New York, as amended (the "Act'), the Town of Wappinger (the "Town"), a municipal corporation of the State of New York, has the authority and power to issue its general obligation bonds for the purpose of, among other things, planning, constructing and financing the cost of any facility owned and operated by the Town: and WHEREAS, the Town has participated in joint landfill project pursuant to an Agreement authorized under Article 5-G of the General Municipal Law of the State by and between the City and Towns of Poughkeepsie, Wappinger and LaGrange, and the Village of Wappingers Falls to lease, construct, operate, close and monitor a municipal landfill on property leased from the County of Dutchess located next to the Dutchess Airport and Route 376 in the Town of Wappinger (the "Joint Landfill"); and WHEREAS, the Town is considering a proposal that he Town issue its general obligation bonds and notes pursuant to the Act for the purposes of financing the Town's proportionate share of the cost of the planning and construction of the closure of the joint Landfill, including pre -closure work, testing, site preparation (including removal of tires), design and construction of the closure and leachate collection facilities, in the aggregate principal amount not exceeding Eight Hundred and Fifty Thousand, Three Hundred and Sixty Eight Dollars ($850,368.00) (collectively, the "Project"); and WHEREAS, the Town, by Resolution reasonably expected to be duly adopted in 2002, is expected to determine to proceed under the provisions of the Act to issue its general obligation bonds or notes for the purposes of financing its proportionate share of the costs of the Project, subject to the terms an conditions set forth in such Resolution; and WHEREAS, the Internal Revenue Code of 1986, as amended, and the United States Treasury Department regulations promulgated thereunder (together, the "Code") require that an issuer who intends to reimburse itself for monies to be advanced and expended for a capital project from the proceeds of a debt obligation of the issuer, adopt Declaration of official Intent to so reimburse not later than Sixty (60) days after the payment of any such original expenditures paid with such advanced monies; and WHEREAS, the Code provides that such Declaration may be made in the form of a Resolution of the issuer. 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 finds and determines that: 27 08/05/2002.RGM (a) the Town has been vested with all powers necessary and convenient to carry out and effectuate its proportionate share of the Project; (b) it is the intent of the Town to issue and sell its General Obligations Bonds (or notes in anticipation thereof) in the aggregate principal amount not exceeding Eight Hundred and Fifty Thousand, Three Hundred and Sixty Eight Dollars ($850,368.00) (the "Bonds") for the purpose of financing its proportionate share of the cost of the Project. (c) It is expected that under Section 149(e) of the code, interest on the Bonds will not be includable in gross income for federal income tax purposes. (d) In anticipation of the issuance of the Bonds, the Town hereby states its intention to reimburse monies of the Town hereafter expended in connection with the Project through the issuance of the Bonds, such reimbursement allocations to be made not later than Eighteen (18) months after the later of: • The date of the original expenditure is paid; or • The date of the Project is placed in service or abandoned but in no event more than Three (3) years after the original expenditure is paid. 3. A copy of this Resolution shall be placed on file in the office of the Town Clerk where the same shall be available for inspection during business hours. 4. This Resolution shall take effect immediately. 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 The Resolution is hereby duly declared adopted PRESENTATION/DISCUSSION Ruth Nicodemus Rezone Mrs. Nicodemus would like to get her property located on 1898 Route 376 presently zoned Residential, rezoned to General Business. Councilman Bettina moved to refer this request to the Planning Board for their recommendations. Seconded by Councilman Colsey Motion Unanimously Carried 08/05/2002.RGM RESOLUTION NO. 2002-248 RESOLUTION IN SUPPORT OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION TECHNICAL ASSISTANCE IN TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING FOR LOCALITIES GRANT APPLICATION The following Resolution was moved by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town board of the Town of Wappinger has recently authorized Frederick P. Clark Associates, Inc., the Town's Planning Consultants, to prepare a new comprehensive plan for the Town of Wappinger; and WHEREAS, the current comprehensive plan was prepared in 1988, since which time, significant changes to the local and regional economy and development patterns have occurred and require review, updating and revision of the comprehensive plan; and WHEREAS, the Town of Wappinger is seeking funding assistance with the preparation of the traffic element of the new Town Comprehensive Plan through the New York State Quality Communities Initiative; and WHEREAS, the Town of Wappinger has prepared and submitted a complete application for the New York State Department of Transportation Technical Assistance in Traffic Engineering and Transportation Planning for Localities grant reimbursement program to advance coordinated land use and transportation planning; and WHEREAS, the Town of Wappinger and the village of Wappingers Falls have been working together to address mutual planning concerns, particularly transportation planning and related land use issues; and WHEREAS, the Town of Wappingers is committed to working with the Village of Wappingers Falls, official and agencies of Dutchess County and New York State in a spirit of intermunicipal cooperation; and WHEREAS, both the Town of Wappinger and the Village of Wappingers Falls are proud members of the Hudson River Valley Greenway Compact and are committed to implementing its principals; and WHEREAS, said grant application was submitted under cover letter from Supervisor Joseph Ruggiero dated July 30, 2002, which letter clearly articulated the position of the Town Board with respect to its support for the grant application and its commitment to regional and intermunicipal planning and the preparation and implementation of the new comprehensive plan; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 29 08/05/2002.RGM 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby endorses and gives the application and the objectives and program outlined therein its wholehearted support. 3. The Town Board hereby directs the Town Clerk to submit a copy of this resolution of support for the Town of Wappingers grant application for New York State Department of Transportation Technical Assistance in Traffic Engineering and Transportation Planning for Localities to: Brad R. Oswald Mobility Management Bureau NYS Department of Transportation State Office Campus, Building 4, Room 209 Albany, NY 12232 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 L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye The resolution is hereby duly declared adopted. At this time 9:25 p.m., Councilman Valdati moved to go into Executive Session, seconded by Councilman Bettina and unanimously carried. The meeting reconvened at 10:10 p.m. with all board members present. There was no action taken at the Executive Session. There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Colsey and unanimously carried. The meeting adjourned at 10:10 p.m. 40rk GlorTow 30 Town Board Correspondence Log Document # To From Date Received Re Agenda 6/20102 Permit Application Fortune I tome Builders 8/5/2002 2002CL - 0513 Beth Evans George Nieves 2002CL - 0514 Kathi Delisa 7/02 6/20/02 Senior Schedule 8/5/2002 Sheriffs Police Ben. 6/20/02 Education and Recreation Programs 8/5/2002 2002CL - 0515 DC 2002CL - 0516 interested Parties Elizabeth Doyle 6/18/02 6/20/02 2003-2007 Consolidated Plan 8/5/2002 2002CL - 0517 Carol Otter Al Roberts 6118/02 6/20/02 Cranberry Hills 8/5/2002 2002CL - 0518 All Local Municipalities James Boskus 6/7/02 6/17/02 surplus Vehicles 8/5/2002 2002CL - 0519 Town Board Ralph Holt 6/14/02 6/27/02 Request PO Re 9 815/2002 2002CL - 0520 Town Board Members Ralph Holt 6/14/02 6/17/02 Request PO Re 9 8/5/2002 2002CL - 0521 Joseph Ruggiero Joseph Paggi 6/14/02 6/18/02 Alpine Phase 3A Al P R/S/2002 2002CL - 0522 Sun Up Enterprises Peter Paggi 6/15/02 6/18/02 Spook Hill 8/5/2002 2002CL - 0523 Daniel O'Connor Joseph Paggi 6/17/02 6/19/02 Cider Mill Loop 8/5/2002 2002CL - 0524 Joseph Ruggiero Joseph Paggi 6/17/02 6/19/02 Montclair/Tall Trees 8/5/2002 2002CL - 0525 Debbie Brown Joseph Paggi 6/17/02 6 Whiteate Condos g 8/5/2002/19/02 2002CL - 0526 Joseph Paggi Michael Tremper 6/17102 6/19/02 Meadowood Water 8/5/2002 2002CL - 0527 Joseph Ruggiero Ed Wisniewski 6/16/02 6/19/02 Kent Road Safety Concerns 8/5/2002 6/18/02 Phase 3A Alpine Shopping Center/Whitegates 8/5/2002 2002CL - 0528 Joseph Ruggiero Joseph Paggi 6/14/02 2002CL - 0529 Joseph Ruggiero Tatiana Lukianoff 6/21/02 6/21/02 Property Gasland's Pro P Y 8/5/2002 2002CL - 0530 Zoning/Planning Board 6/1/02 6/21/02 May Report 8/5/2002 2002CL - 0531 Al Roberts Tatiana Lukianoff 6/21/02 6/24/02 Local Laws 8/5/2002 Page 1 of 5 Thursday, August 01, 2002 Document # To From Date Received Re Agenda 2002CL - 0532 Joseph Ruggiero Joseph Paggi 6/24!02 6/26/02 Sewer ORM Charges 8/5/2002 2002CL - 0533 Steve Lucier btark Liebermann 6/25/02 6/26/02 Fire Call/Code Violation 8/5/2002 2002CL-0534 Carl Wolfson AI Roberts 6/27/02 6/27/02 Z&M Development Corp 8/S/2002 2002CL-0536 NYS Public Service Com 6/27/02 Rules and Regulations 8/5/2002 2002CL - 0537 Town of Wappingcr Chuck Alongi and Richar 6/21102 6/27/02 Well Sampling 8/5/2002 7/8/02 NYS Public Service Conunission Ruling 8/5/2002 2002CL-0538 Joseph Ruggiero Joseph Paggi 7!3/02 2002CL - 0539 Richard Cerino Inder Kumer 6/24/02 6/26/02 Phase 3B 8/5/2002 7/1/02 Cicero Property Water Sample Results 8/5/2002 2002CL - 0540 Antonio Cicero Daniel O'Connor 2002CL - 0541 Joseph Ruggiero Donald Card 7/3/02 7/8/02 Adjusted Base Properties 8/5/2002 2002CL - 0542 Town Board Building inspector 7/3/02 7/8/02 June Report 8/5/2002 2002CL-0543 Daniel Stone Joseph Paggi 7/3/02 7/8/02 Chelsea Water 8/5/2002 2002CL - 0544 Carol Otter Al Roberts 7/3/02 7/8/02 99-211 8/5/2002 2002CL - 0545 Chuck Alongi Joseph Paggi 7/3/02 7/8/02 Well Sampling 8/5/2002 2002CL - 0546 Planning Board Joseph Paggi 6/24/02 6/27/02 Atlantic Mortgage 8/5/2002 2002CL-0547 Town Clerk 7/02 6/25/02 July 2002 8/5/2002 2002CL - 0548 Tatiana Lukianoff Joseph Paggi 6/26/02 6/28/02 Mid Hudson Islamic Mosque 8/5/2002 2002CL - 0549 Tatiana Lukianoft Joseph Paggi 6/26/02 6/28/02 Cellular One 8/5/2002 2002CL-0550 Jason)irnV MarkLicbertnamt 7/1/02 711/02 inspection/ Firecode Violation Ins P 8/5/2002 2002CL - 0551 Joseph Ruggiero Joseph Paggi 6/28/02 712102 Conley Residence 8/5/2002 2002CL - 0552 Supervisor and Town Bo David Compagni 7/1/02 7/2/02 99-211 8/5/2002 2002CL- 0553 Town Board John DeAtan 7/10/02 7/10/02 June 11th Town Board Meeting 8/5/2002 Page 2 of 5 Thursday, August 01, 2002 2 Page 3 of 5 Thursday, August 01, 2002 Agenda Document # To From Date Received Re 7/10/02 Wappinger Park/Greer .Area 8/5/2002 2002CL - 0554 Joseph Ruggiero Joseph Paggi 7/8/02 8/5/2002 2002CL - 0555 Joseph Ruggiero Tatiana Lukianoti 7/8/02 MVK R/S/2002 2002CL - 0556 Joseph Ruggiero Michael Tremper 7/9/02 7/11/02 Sewer Backup 8/5/2002 2002CL-0557 Aisha Khan Mark Liebermann 7/9/02 7/10/02 School/Day Care DC Airport Landfill 8/5/2002 2002CL- 0558 Supervisor Davis Andrew Lent 7/8/02 7/10/02 7/9102 Building I Ieiglmts Local Law 8/5/2002 2002CL-0559 Town ofWappinger 8/5/2002 2002CL - 0560 Receiver of Taxes 6/02 7/9/02 Monthly Report 718/02 1090 Rte 376 8/S/2002 2002CL - 0561 Joseph Ruggiero Elsa Nicodemus 7/8/02 8/5/2002 2002CL - 0562 Donna Borquist Linda Tasadfoy 7/9/02 7/9/02 CD R!5/2002 2002CL - 0563 Supervisor and Town Bo Carl Wolfson 7111/02 July Report 8/5/2002 2002CL - 0564 Gerald Terwilliger Joseph Stankavage '99-2R 7/10/02 7/12/02 Phase 3A, Contrail No. 1 8/5/2002 2002CL - 0565 Gerald Terwilliger Charles DelBene 7/8/02 7/12/02 7/12/02 Airport Landfill 2002CL- 0566 Joe Dennis Charles DelBene 7/10/02 7/12!02 Hydro -Geological Study 8/5/2002 8/5/2002 2002CL - 0567 Thomas Cusack Al Roberts 7/11/02 Repair of Back Door Window8/5/2002 2002CL - 0568 Joseph Ruggiero Gina Basile 7/12/02 8/5/2002 2002CL - 0569 Supervisor and Board Heather Kitchen 7/15/02 June Report Cranberry Mills Subdivision 8/5/2002 2002CL - 0570 John Kellard Peter Paggi 7/15/02 7/15/02 7/15/02 Public Hearing 8/5/2002 2002CL - 0571 Town Clerk Susan Miller 7/11/02 Public Hearing 8/5/2002 2002CL - 0572 Town Clerk Susan Miller 7/11/02 Public Bearing 8/5/2002 2002CL-0573 Town Clerk Susan Miller 7/11/02 7/15/02 Performance Motors 8/5/2002 2002CL - 0574 Lawrence Rabine Al Roberts 7/12/02 Page 3 of 5 Thursday, August 01, 2002 Document # To From Date Received Re Agenua 2002CL - 0575 Supervisor and Town Bo Gerald Terwilliger 7/15/02 7/15/02 Budget Amendments 8/5/2002 7/23102 Tentative Equalization Rates 8/5/2002 2002CL - O576 Supervisor NYS Board of Real Prope 7/17/02 Local law Superintendent Salary 8/5/2002 2002CL - 0577 Gloria Morse Al Roberts 7/15102 , MVK 8/5/2002 2002CL - 0578 John Adams Al Roberts 7/15/02 Hydro -Geological Analysis 8/5/2002 2002CL - 0579 Thomas Cusack Al Roberts 7/15/02 2002CL-0580 James Venni Joseph Paggi 7/I5/02 7/17/02 Mpine/Whitegate Tie-in 8/5/2002 2002CL-0581 John ICellard Peter Paggi 7/15/02 7/17/02 Cranberry 8/5/2002 2002CL - 0582 Joseph Ruggiero Catherine Werner 6/27/02 7/23/02 Montclair 8/5/2002 2002CL-0583 Zoning/PlanningBoard 7/1/02 7/19/02 June Report 8/5/2002 Sandy Vana 7/18102 7/19/02 Changes to Taxable .Assessment 8/5/2002 2002CL - 0584 Assessor 2002CL - 0585 Phillip DiNontto Jon Bodendorf 7/17/02 7/18/02 Meadowood 8/5/2002 2002CL - 0586 Skip Rotkamp June Ellen Notaro 711 G/02 7/18/02 Free Swim Pro Sr am 8/S/2002 2002CL - 0587 Keith Salisbury James Scdore 7117/02 7/18/02 Resignation Grinnell £� 8/5/2002 2002CL-0588 Dan Wery Al Roberts 7/16/02 7/18/02 Parsons v. TOW 8/5/2002 2002CL - 0589 William Steinhaus 7/19/02 7/23/02 News Release 8/5/2002 - Meadowood Water District 8/5/2002 2002CL - 0590 Peter Paggi Al Roberts 7/15/02 2002CL - 0591 DC 911 Raymond Chase 7/18/02 7/24/02 Response 7/18/02 8/5/2002 7/29/02 Greenway Trail Event 8/5/2002 2002CL - 0592 Joseph Ennesser 2002CL - 0593 Joseph Ruggiero Charles DelBcne 7/24/02 7/29102 Sewer Lateral Connection 8/5/2002 7129102 Community Dev Block Grant 8/5/2002 2002CL - 0594 2002CL - 0595 Condominium Associatio Mark Lieberman 7/23/02 Open Flame Cooking Devices 8/5/2002 Page 4 of 5 Thursday, August 01, 2002 Document # To From Date Received Re Agenda 2002CL - 0596 Manny Saris Phil Giamportone 7/25/02 7/26/02 Tax Certiorari Matters 8/5/2002 2002CL - 0597 Town Board and Supervi Scott LeRoy 7/25/02 Net Use Area Law 8/5/2002 2002CL - 0598 Joseph Ruggiero Charles DelBene 7/23/02 7/25/02 Spookhill Realignment 8/5/2002 Thursday, August 01, 2002 rage , of 08/05/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on August 5, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Regulation of Garage Sales in the Town of Wappinger. Supervisor Ruggiero opened the meeting at 7:34 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 Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any comments or question from the audience. Claire Gibson of 11 Spring Street, Chelsea explained that although she did not have yard sales very often she felt this proposed law was very unfair that the residents must apply for a permit. Supervisor Ruggiero explained the reason to have residents apply for permits is to control the number of garage sales held by residents. According to the Town Zoning Ordinance there is no law prohibiting garage sales. What we are doing is authorizing garage sales legally. You just have to register for the permit, and if you do more than three days in any consecutive weekend, that would be deemed a business which would be illegal. Under this proposed law you would be eligible to have four garage sales a year. Mrs. Gibson felt that this just creates more paper work, and she feels that in the future there will be a fee charged. She also feels if the town limits it to four, why does the town need the dates. Supervisor Ruggiero explained that the town wishes to keep track. At present there are people who do abuse this and the only way to control it to put a system in place where residents can hold a garage sale legally. There were no more comments or questions. COUNCILMAN VALDATI moved to close the Public Hearing, seconded by Councilman Bettina and unanimously carried The Public Hearing closed at 7:40 p.m. of Gloria J. Morse Town Clerk %` TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF 1811 NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW REGULATION OF GARAGE AND YARD SALES IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) `rrr ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: 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 July 18, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2002 Regulation of Garage and Yard Sales in the Town of Wappinger, on the signboard 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. GL RIA J. M7inger Town Clerk Town of Wa 1�4117- Sworn to before menthe day of x,2002 SOt.)THFRN DI.)TC:HFSS NEWS REACON FREE PRFSS R4 FAST MAIN STREET f,,IAPP 1'.Nc;FRS FAI...I_.S ; NY 12,590 A f F .1 .mac + 1 t_ aha -F P Li 1 3 C ' tk Tn: (,,IAPPTN( FRS Fial...I....S, T("II,,IN P„O,. FOX 24 I,,IAPPTNc3FR1--,', FAI....I.._S, NY 1.2590 R. I....ega1 not -ice #53S77 t.. t. a n N F I.� Y (� R K NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of theTown of Wappinger (7 01.1 1-It. Y Of D t. l T C H F. S S } will conduct a PUBLIC HEARING on the stn day of August, 2002, at 7:30 P.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, i T TTNA HEATH, h 1. n G C� 1.1 �.. Y sworn, ciP.. o f a. n Ci F Wappingers alis, NewYork, at which time all parties in interest and citizens T �. m the BOOKKEEPER o f �; 01..(1. h r n shall have an opportunity to be heard 1, r t; ( N e I,I . f general, a as to whether the Town Board of the Town of Wappinger shall adopt a pro- at. on Pt 117) 1. i_. he(I J. n I,IAPP:[NGFRy FAL.I.-IS. , posed Local Law entitled *Local Law No. _ of 2002. Regulation of (7:011nt.Y of F)HTC:HESS; State of NEIA YORK. and Garage and Yard Sales in the Town of Wappinger." • that. a n o t.1. c, e; of i.,l h i c h t. h e annexed is a PLEASE TAKE FURTHER NOTICE that the purpose and intent of the pro - P r i. n t:. e d c; o p y, w a. F, (74-11y i.1. y p t i h .1. i.. s h e d i., n S 01., t.. h e r e posed Loyal Law is to rgarathe frequency and extent of garagege and Dt_f.t.c.`hec� NeInl<z� 0n('t? nn 07/24/02. yarordsintheTresown idential neigebor r. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 and Section 117 of the Code of the Town of Wappinger at the proposed adop. tion of the aforementioned Local Law is a Type 11 action not requiring an _ l',l o r n to h e f 01" P.. me t r1.T, S 20 t h d d 4 of ,T I I. . Y; n o% environmental review pursuant to New York State Environmental Qual- fy Review Act (SEORA) or pursuant ----WChapter 117 of the Code of the - Town of Wappinger and, accordingly, ��nn "� ALBERT M. 0g4f' T y Pt.1. h 7,. ,i. o no environmental review has been NOTARY PUBLIC, STtRE OF NEW YORK PLEASE TAKE FURTHER NOTICE that copies of the proposed Local QUALIFIED IN DfITCHESS COUNTY Law _ of the Year 2002 are avail - able o rreviewand Inspection etthe # 14-82407660 Offk a of hie Town Clerk on weekdays COMMISSION EXPIRES / JUN 1 5 2003 from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: June 26, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK 08/05/2002.PH A Public Hearing was held by the Town Board of the town of Wappinger on August 5, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Amendments to the Town of Wappinger Code Regulating Peddling and Soliciting. Supervisor Ruggiero opened the meeting at 7:40 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 Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any questions or comments from the audience. There were none. Councilman Paoloni moved to close the Public Hearing, seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 7:41 p.m. Gloria J. Mors Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDMENTS TO THE TOWN OF WAPPINGER CODE REGULATING PEDDLING AND SOLICITING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: 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 July 18, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2002 Amendments to the Town of Wappinger Code Regulating Peddling and Soliciting, on the signboard 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. 6 GLORIA J. M Town Clerk , Town of WA Sworn to before me the day of 2002 v IF S(R)THERN Dl_)TCHF:SS NEWS RFAC(?N FRE:F PRFSS 84 FAST MATN STRFFT I-IAPPTNGF.RS FAI...L...S ; NY 12590 Affj-cA�Exv1-t_ c7!, -F PLi�11+;at-1!c-3." To: lr,IAPPTNGFRS FA1...1._.S ; TOWN P.O. ROx :�24 WIAPPTNSFRS FAL.1....5 ; NY 1.2590 Re.: I....nga 1, nnt.. l_c:e #5� F,74 ,tat.e of NEW YORK: Coll.nty of D()Tt.'HPFS T , T T NA HFATH ; he i. nci (71t_d, l.. y s,:I,,jor n , depose. a n(71 sav: that. T: lm the R(W)KKFFPFR of Southern Cl1.lt.cfto=; N:JIrj , a. I,.jee.k1.y nevispapor of general. ion ptih.l.. i. shod .i n WAPPTNGERS FAI....I....S ; Cot-int.y of DUTCHFSS. State, of NFUl YORK: and t. ha. t. a noti ce: of Ifliioh t. lie a.nnoxed is a. PT I rlt:n(71 COF!y ; wa.�; (7111.1y pl..dhl.. 5:3hed i. n Sol_I.f her n Dil t r ha.� s Nabi n nre on 07/24/02. Saaorn to hPforp mp this 24th day of .Tully; 2002 ALBERT M. O"a. r y P u h 1.. i. r.. NOTARY PUBLIC, STM OF NEW YORK QUALIFIED IN OUTCHESS COUNTY 814.8240760 COMMISSION EXPIRES JUN Y 5 2003 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of theTown of Wappinger will conduct a PUBLIC HEARING on the 5th day of August, 2002, at 7:30 P.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in Interest and citizens shall have an opportunity to be heard es to whether the Town Board of the Town of Wappinger shall adopt a pro- posed Local Law entitled "Local Law No. of the Year 2002, Amend- ments to the Town of Wappinger CodeRegulating Peddling and So- licitingl' PLEASE TAKE FURTHER NOTICE that the purpose and Intent of the pro- posed amendments to the Town Code are to regulate transient, sta- tionary and semi -stationary peddling and soliciting In the Town of Wappinger, such that: ".Peddlers and solicitors shall not stand or remain: (a) Within 100 feet of any pudic street intersection. (b) On any public sidewalk. (c) Within 250 feet of any commer- cial establishment which sells like goods, public building, government building, premises occupied as a public or private school or college or 'used for such purposes. or premises primarily used for religious purposes. 2. There shall be no stationary ped- dling in Residential Districts. 3. No peddlers or solicitors shall have any exclusive right to any location in the public streets nor shall a licensee be permitted to operate in a con- gested area where such operation impedes access to the entrance of an adjacent building or driveway, on the paved portion of any public high- way, obstruct traffic flow, or otherwise create circumstances which would endanger the public health, safety and welfare of the traveling public. For the purpose of this Chapter, the judg- ment of any police officer or of the Building Inspector or Zoning Admin- istrator of the Town of Wappinger ex- ercised in good faith shall be deemed conclusive as to whether the area is congested or the public Impeded or inconvenienced. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 8 NYCRR 817 and Local Law 8 of 1992 that the pro- posed adoption of the aforemen- tioned Local Law is a Type 11 action not requiring an environmental review Pursuant to New York State Environ- mental Quality Review Act (SEORA) and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No._ of the Year 2002 are available for review and inspection at the Office of the Town Clerk on week- days from 8:30 a.m. to 4:00 p.m., at the Town Hell, 20 Middlebush Road, Wappingers Falls, New York. Dated: June 28, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER . GLORIA J. MORSE, TOWN CLERK 08/05/2002.PH/ A Public Hearing was held by the Town Board of the town of Wappinger on August 5, 2002 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Amending the Zoning Law of the Town of Wappinger Regarding Density Units an Net Lot Area for Multi - Family Districts. Supervisor Ruggiero opened the meeting at 7:41 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 Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any comments or questions from the audience. There were none. COUNCILMAN BETTINA moved to close the Public Hearing, seconded by Councilman Valdati and unanimously carried.. The Public Hearing closed at 7:42 p.m. a Gloria J. Mo se Town C TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF CON NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING THE ZONING LAW OF THE TOWN OF OF WAPPINGER REGARDING DENSITY UNITS AND NET LOT AREA FOR MULTI -FAMILY DISTRICTS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: 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 July 18, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending the Zoning Law of the Town of Wappinger Regarding Density Units and Net Lot Area for Multi -Family Districts, on the signboard 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. LO A J. MORS Town Clerk Town of Wappinger Sworn to before me the day of 2002 S01.JI'HFRN DI. -rC.HF.5S NFI,IS RFACON FREE PRESS 84 FAST MAIN STREET WAPP.TNGFRS FAL..L-S , NY 1.2590 A -F -F i cry a %o i -tt- c> -F P k1 1 i c== a -t 1 cD, r1 Tn : WAPP T NGERS FAI...I....S , TOWN P „ O ., BOX 324 WAPP.INGERS FAL..-S, NY 1.2590 R,R I...ncta.l. 110t. i. 0C-,' #t5=_ 576, Stat.a of NF k1 YORK } c�ol.t.nty of DIJTCHFSS } .T. , T f NA HEATH ; f -ie i. ng cfu Ty svior n, depose. and say: t.ha.t. r ;am thp. ROOKKFFPF:R of Sok(thorn r)I.I.t:rhQ.=..:s News, a. We.ekl.y newspaper of general. i..rt^t..l.lat _nn pt.bl..sheA i.n IIAPPTNGFRS FAI....I._.S Coti.nty of pIJTCHFSS, State of NEW YORK: ancl that. a. not i_c:a , o'F which the. annexe(! .i. l a pr.i rit.ed ropy ; hlas cil.l.l.y Published in Southern Dk.i I. r.. he:=:3 Nevr:3 nnra on 07./;?.4/02, ..worn to before m? this 24th day of ,11_kl.y, 2002 ALBERT M.NW.A. rt* Public NOTARY PUBLIC, STME OF NEW YORK QUALIFIED IN DUTCHESS COUNTY # 14.82407670 CUMMISSION EXPIRES JUN 15 2003 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ZONING CODE TOWN OF WAPPINGER' NOTICE IS HEREBY GIVEN that the Town Board of theTown of Wappinger will conduct a PUBLIC HEARING on the 5th day of August, 2002, at 7:30 P.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, NewYork, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the .Town of Wappinger shall adopt a pro- posed Local law entitled "Local Law No. _ of 2002, Amending the Zon- ing Law of the Town of Wappingsr Regarding Density Units and Net Lot Area for Mufti -Family Districts.' PLEASE TAKE FURTHER NOTICE that Town Board the Local Law pro- poses to amend and revise the Town Zoning Code to delete the definition of the lerm'Density, Unit' and replace its use with 'Dwelling Unit* and to define the term 'Net Lot Area' and require calculation of the number of permitted dwelling units.1loor area and lot coverage based upon the 'Net Lot Area,' that portion of the subject property that is without severe envi- ronmental constraints of wetlands, floodplain and steep slopes in excess o125%. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that adoption of this Local Law is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, 6 NYCRR 617 (SEORA) and pursuant to Chapter 117 of the Town of Wappinger Code. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEORA until the conclusion of the Public Hearing on the proposed Zoning Law Amend- ment. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No._ of the Year 2002 are available for review and Inspection at the Office of the Town Clerk on week- days from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: June 26, 2002 BY ORDER OF THE TOWN BOARD OF THETOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK 08/05/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on August 5, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Amending the Town of Wappinger Zoning Code Definition of Building Height and Driveway Specifications. Supervisor Ruggiero opened the meeting at 7:42 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 Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero wishes to know if there were any comments or question from the audience. There were none. COUNCILMAN VALDATI moved to close the Public Hearing, seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:43 p.m. T oria J. Mo se own Cler TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDMENTS TO THE TOWN OF WAPPINGER ZONING CODE DEFINITION OF BUILDING HEIGHT AND DRIVEWAY SPECIFICATIONS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: 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 July 18, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2002 Amendments to the Town of Wappinger Zoning Code Definition of Building Height and Driveway Specifications, on the signboard 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. 0 GLORIA J. MORS Town Clerk Town of Wappinger Sworn to before me the T day o ,200 SOI) THERN D(JTCHFSS NEWS, BEACON FREE PRESS 84 E.A->T MAIN STREET WAPPTN( FRS FAL.I... S; NY 1.2590 tl!L%k f -F 1 CA a %.P- a t_ 4^1. f' P k— 1 i c- ;EF� t- 1 +n " To: WAPPTNGFRS FAI....I....S, P „O „ BOX 324 I.,IAPPINGFRS FAL.L.S , TOWN NY 1.2.5`0 Re - I....ega.... notice. #53575 St.a.ta of NEW Y( -)RK: } } S C : rnl l rlt v of DHTCHFSS } T. TTNA HEATH; ho.i ng dt)..l.y sworn, depose and say: that. T am the BOOKKEEPER of Southern Not,,)s, a. weekly rlol„)spaper of genera.l.. %.nn pt!h1..i.h�d in lnlApPTNcFRS FAL..I-.S, Cnt.l.nt.y of D(.JTC:HESS ; St:.a.t:e of NEW YORK; and that. a. not...(- P, , of (,,)hfnh t;ho a.nnP)c?d i.s a. pri.ntad cnpy; was d"Illy ptihl.i.!=-.3hed in SntJthern DlJtoh�-s,:� News onco on 07/24/02„ ;(,corn to hefore me thi.,:.� 24th ci,:iy of July, 2()42 ALBERT M. OSTEN 'ry Pl_(h1..i..c NOTARY PUBLIC, ST14E OF NEW YORK QUALIFIED IN OUTCHESS COUNTY # 14.8240760 COMMISSION EXPIRES -JUN 15 2003 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 the 5th day of August, 2002, at 7:30 P.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a pro- posed Local Law entitled 'Local Law No. _ of the Year 2002, Amend- ments to Town of Wappinger zoning Code Definition of Building Height and Driveway Specifications.' PLEASE TAKE FURTHER NOTICE that a summary of the proposed Amendments are as follows:. A. Building Height; The greatest ver- tical distance measured from the adjoining finished grade at the front of a building to the highest point of the roof ifthe roof Is f lat or to the mean level between the eves and the high- est point of the roof H the roof is of any other type. B. Driveway gne ifi ahons: Drive- ways and access roads shall be so designed so as to provide Fire De. partment apparatus access to within a distance of seventy-five (75) feet orless of the structure that may be called upon to be protected and such driveways and access roads shall be designed so as to meet the following requirements: (1) Driveways under Five Hundred (500) feet long shall have a minimum width of Twelve (12) feet; Driveways over Five Hundred (500) feet long shall have a minimum width of Twelve (12) feet and, in addition, shall have a Fifty (50) foot by Twelve (12) foot pull -of every Five Hundred (500) feet to accommodate a Forty (40) foot long piece of Fire Fighting appara- tus. (2) The driveways shall have'and maintain an overhead clearance of Fifteen (15) feet, free of any obstruc- tions such as tree branches, personal light poles, utility wires, etc. (3) The driveway base shall be suffi- cient to support a Thirty (30) ton Fire Fighting apparatus. (4) No turns shall be of such a de. cree as to prevent access of Fire De. partment apparatus. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that adoption of this Local Law is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, 6 NYCRR 617 (SEORA) and pursuant to Chapter 117 of the Town of Wappinger Code, PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEORA until the conclusion of the Public Hearing on the proposed zoning Law Amend- ment. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No._ of the Year 2002 are available for review and inspection at the Office of the Town Clerk on week- days from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York and the Town Board reserves the right to make the Determination of Signifi- cance until after the conclusion of the Public Hearing. Dated: June 26, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK