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2002-06-10 RGM
MEMO To: Town Board Attorney to the Town Engineer to the Town Planner to the Town Media From: Joseph Ruggiero, Supervisor Re: June 10, 2002 Workshop Monday, June 10, 2002 7:30pm Wappinger Town Hall AGENDA Public Hearing: Performance Motors SPU Presentations: Sports Museum Marathon (tabled on 5/28) Rezones • Nicodemus • Atlantic Mortgage • Redl • Degnan (Thalman) Discussions: Local Laws: • Garage Sales • Hawkers & Peddlers • Driveway and Building Heights Regulations • Bonus Density/Net Area Use law • Shed Amnesty Law Staffing Needs • Deputy Zoning Administrator • Legislature Aid Resolutions: 2002-152 Introduce Local Law for Highway Superintendent Salary 2002-167 Authorize Sports Museum Marathon 2002-174 Naming Private Roads 2002-175 Awarding Contract for Martz Field 2002-176 Authorize Payment for Community Day Equipment 2002-178 Award Phase 3A Contract 6 2002-179 Award Nextel Contract 2002-180 Oakwood Knolls Public Interest Resolution 2002-181 Oakwood Knolls Bonding 2002-182 Authorize Cwiklik Tenancy to Central Wappinger Water District 2002-183 Authorize Grant for Carnwath Mansion at Greystone 2002-187 Grinnell Library Legislation 2002-188 Purchase of Comptroller's Computer Software 06/10/2002. WS The Workshop Meeting of the Town of Wappinger was held on June 10, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman 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 Graham Foster, Highway Superintendent Absent- Vincent Bettina, Councilman COUNCILMAN COLSEY moved to add Resolution No.2002-190 to the Agenda. Seconded by Mr. Paoloni Motion Unanimously Carried RESOLUTION NO.2002-190 SPECIAL USE PERMIT PERFORMANCE MOTORS The following Resolution was moved by COUNCILMAN COLSEY and seconded by Councilman Paoloni. WHEREAS, Performance Motors, Inc. (the "Applicant" or "Owner") is an owner of a certain 0.65 acre parcel of property, located in a Highway Business (HB) Zoning District, identified as Tax Grid Number 6157-02-598733, with a common street address of 1401 Route 9, Wappingers Falls, New York, hereinafter referred to as Parcel I; and WHEREAS, Performance Motors, Inc. is the Contract Vendee to purchase an adjacent .40 acre parcel of property, also located in Highway Business (HB) Zoning District, identified as Tax Grid Number 6157-02-597715, with a common street address of 1368 Route 9, Wappingers Falls, New York, hereinafter referred to as Parcel II; and WHEREAS, Parcel II is adjacent to and immediately south of Parcel I; and WHEREAS, Performance Motors Inc. is presently conducting an automotive sales business on Parcel I; and WHEREAS, Parcel I has been continuously used for automotive sales since prior to the adoption of the Town of Wappinger Zoning Ordinance in 1963; and WHEREAS, Performance Motors, Inc. seeks to purchase Parcel II and expand the automotive use on to Parcel II (the "Project"); and 1 06/10/2002.WS WHEREAS, present Town of Wappinger Zoning Regulations require a minimum lot size of three (3) acres for an automotive use in Highway Business (HB) District subject to a Special Use Permit issued by the Planning Board; and WHEREAS, the automotive use located on Parcel I is a permitted use in an HB Zoning District, but the lot is a pre-existing dimensionally non- conforming lot; and WHEREAS, by written application dated April 26, 2002, Performance Motors, Inc. made application to the Town Board pursuant to 240-16(F) of the Zoning code of the Town of Wappinger to authorize an expansion of an existing automotive use located on Parcel I onto the adjoining Parcel II; and WHEREAS, the Town of Wappinger Zoning Code 240-16(F) permits the Town Board, on written Application, to issue a Special Use Permit which will authorize the pre-existing automotive use on the dimensionally non- conforming Parcel I to be expanded on to Parcel II resulting in a permitted use (subject to issuance of a Special Use Permit and Site Plan Approval by the Planning Board) on a 1.05 -acre lot which is in greater conformity with the Town Zoning Code; and WHEREAS, Performance Motors, Inc. has submitted an application, including plans and a short EAF, for subdivision, site plan and special permit approval to the Planning Board, the review of which application by the Planning Board is pending the action of the Town Board regarding the granting of Special Use Permit for improvement of a nonconforming use pursuant to Section 240-16.F;and WHEREAS, the site plan application involves the conversion of the existing 3,060 square foot carpet store on Parcel II into a showroom, which Performance Motors, Inc. is referring to as Phase I; and WHEREAS, Performance Motors, Inc. has identified as Phase II of the site plan which would potentially be proposed at some future date and which would involve the expansion of the existing 1,440 square foot dealership building on Parcel 1 by approximately 1,500 square feet; and WHEREAS, the Town of Wappinger Planning Board has recommended approval of the Application for a Special Use Permit by the Town Board; and WHEREAS, the Town Board has determined that pursuant to Article8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Towns Environmental Quality Review Law) that this Application is an Unlisted Action; and WHEREAS, a duly advertised public hearing was held on June 10, 2002 at the Wappinger Town Hall, 20 Middlebush, Wappingers Falls, New York at 2 06/10/2002.WS which time all those wishing to be heard were given the opportunity to be heard and the public hearing was closed on that date; NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein. 2. In accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, the Town Board hereby adopts a Negative Declaration and determines that the Project will not have a significant adverse impact on the environment since there are no modifications as a result of the approval and further that any modifications to the site will be relatively minor and will also be subject to subsequent review by the Planning Board. 3. The Town Board hereby makes the following findings in accordance with Section 240-44 of the Zoning Law: a. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it, are such that it will be in harmony with appropriate and orderly development of the district in which it is located. b. The location, nature and height of buildings, walls, fences and the nature of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. c. Operations in conjunction with any special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, illumination or other characteristics, than would be the operations of any permitted use not requiring a special use permit. d. Parking areas will be of adequate size for the particular use, will be properly located an suitably screened from adjoining residential uses and the entrance and exit drives shall be laid out so as to achieve maximum safety. 4. The Town Board hereby finds that the Project will further the purposes of Section 240-16.F as it will: a. reduce the degree of an existing nonconformity; and b. reduce adverse external effects by permitting and encouraging improvements to the site; and 3 06/10/2002. WS 5. The Town Board hereby grants special permit approval for the improvement of a nonconforming use involving the consolidation of two existing nonconforming lots into one larger lot and allowing the expansion of an existing automotive sales use on the resulting 1.05 -acre lot in accordance with Section 240-16.F of the Zoning Law, subject to the following conditions: a. The applicant shall obtain Subdivision, Special Permit and Site Development Plan Approval from the Planning Board in accordance with the applicable requirements of the Zoning Law within four (4) months of the date of this resolution. The Applicant must return for approval from the Town Board if the total floor area of the motor vehicle sales use exceeds 7,500 square feet as part of the amended site plan approval referenced herein, or in future amendments thereto. b. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in the review of this project which are in excess of the application review fees paid by the Applicant to -date. Such fees shall be paid by the end of the month upon notification to the Applicant that such fees are due. If such fees are not paid within this period and an extension therefore has not been granted by the Town Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will not be made until six (6) months after the issuance of the Certificate of Occupancy for the project. 6. The Applicant must return for approval from the Town Board if any changes to this resolution of approval are subsequently desired. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. PRESENTATION: Sports Museum Marathon. SUPERVISOR RUGGIERO announced that Pete Sanfillipo was running late and would be in a little later to discuss the plans for the Sports Museum Marathon. REZONES Nicodemus 4 06/10/2002.WS O SUPERVISOR RUGGIERO announced that the applicant was not here tonight to discuss this rezone. COUNCILMAN VALDATI moved to table the rezone application request at this time. Seconded by Mr. Colsey Motion Unanimously Carried Atlantic Mortgage SUPERVISOR RUGGIERO announced that this applicant was not here to discuss this rezone. COUNCILMAN COLSEY moved to table the application at this time. Seconded by Mr. Valdati Motion Unanimously Carried Redl A presentation was given by Kim Lawrence in regard to the Guardian Self - Storage in Wappingers Falls. When Mr. Redl bought the property and constructed the buildings, they were in compliance under the Highway Business (HB) zoning. A few years ago, the town rezoned the area to a non- conforming use of Highway Office (HO). They went before the Planning Board to expand the business and were told that they needed a zoning change in order to do so. Mr. Redl would like to rezone the property back to Highway Business (HB) in order to use it. Town Planner, Dan Wery explained that the first hurdle is to look at the Comprehensive Plan and provide the rationale for changing it from office to a more retail oriented business. Discussion followed. SUPERVISOR RUGGIERO wished to resurrect the memos of the year 2001. COUNCILMAN PAOLONI moved to table the application at this time. Seconded by Mr. Valdati Motion Unanimously Carried Degnan (Thalman) SUPERVISOR RUGGIERO announced that the applicant was here but left the building. COUNCILMAN VALDATI moved to table application at this time. Seconded by Councilman Paoloni Motion Unanimously Carried DISCUSSIONS Local Laws Garage Sales The Zoning Administrator explained that we do have provisions which allow for temporary sales of up to twenty five days for promotional sales. An enterprising person can hold a sale end to end, giving himself seventy five 5 06/10/2002.WS days. No where does it say that it can be three times a year or non- consecutive. This creates a problem when people ask what is the most they can have. Section 143-40 puts the duration of a garage sale as two (2) consecutive days. Difficulty would arise during long Holiday week -ends such as Memorial Day and Labor Day. The Zoning Administrator recommends some sort of legislation regarding garage sales. Discussion followed. NO ACTION TAKEN PRESENTATION: Sports Museum Marathon. At this time, Pete Sanfillipo explained the route that would be taken for the Marathon and that the State Police would also be on hand to monitor the race. DISCUSSIONS Driveways & Building Heights Jay Paggi, Engineer to the Town explained that the proposed changes would identify driveways less than 500 feet in length and driveways greater than 500 feet in length. Driveways less that 500 feet in length would be twelve foot wide, and driveways in excess of 500 feet in length would be twelve foot wide but would have a pull off of a certain width and certain length that a vehicle such as a fire apparatus could pull off to allow another vehicle to proceed up the driveway. A discussion was also held on the definition of Building Heights. Al Roberts, Attorney to the Town went over a draft of the Local Law amending the Town of Wappinger Code Definition of Building Height and Driveway Specifications. He would finalize the draft that was presented, keeping the two within one Local Law. Hawkers & Peddlers E Mr. Roberts went over the draft that he had prepared for regulating Peddling and Soliciting in the Town of Wappinger. Discussion followed Bonus Density/Net Area Use Law. Town Planner, Dan Wery gave a report that would eliminate the Density Unit calculation and define and apply Net Lot Area to the RMF Districts. The availability of low cost housing needs for the community was also discussed. Shed Amnesty Supervisor Ruggiero explained that at one time the town was not enforcing ordinances on sheds. Therefore we have a lot of sheds in the town. Residents are going out to refinance but are being held up in the building department because the property is not in compliance with the zoning law. The chairman of the ZBA has recommended that sheds be changed from 10 feet off the property line to 5 feet, as well as creating a shed amnesty program in the 06/10/2002.WS Town of Wappinger, in order to give the residerils several months to file a notice to the town similar to filing a non -conforming use. Discussion followed. Staffing Needs Deputy Zoning Administrator The Zoning Administrator explained her duties and the time it takes to perform her duties. She had found that in the two years she has been in the position her job has entailed more and more administrative duties, which gives her less time to do the enforcement. She feels that a deputy is needed, not only to help with enforcement, but also to verify submitted data. She feels that there is more than enough work for another person. SUPERVISOR RUGGIERO explained that the construction season is now a year round business and he recommends that we create an office for a Deputy Zoning Administrator. It would be funded out of the B Fund. Discussion followed. Legislative Aid SUPERVISOR RUGGIERO explained that his office had been working many additional hours and creating a Legislative Aid would not only help his office but also assist the Town Board Members in constituent services. He is requesting the Board to support his request for the additional position. Discussion followed. RESOLUTION NO. 2002-152 RESOLUTION INTRODUCING LOCAL LAW REVISING THE SALARY OF TH SUPERINTENDENT OF HIGHWAY FOR CALENDAR YEAR 2002 The following resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Colsey. WHEREAS, the Notice of Hearing of the Preliminary Budget of the Town of Wappinger for Calendar Year 2002 fixed salary of the Superintendent of Highways for the year 202 at $54,121.00; and WHEREAS the Superintendent of Highways, Graham Foster, has been fulfilling his duties in a diligent and professional manner; and WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the present salary of the Superintendent of Highways is lower and non-competitive with salaries paid by neighboring communities to their Superintendent of Highways with similar duties and responsibilities; and WHEREAS, the Superintendent of Highways is to be assigned the additional duties of overseeing and managing the Town of Wappinger Recycling Center; and WHEREAS, the Town Board believes that in light of the forgoing, it is appropriate that the salary for the Superintendent of Highways be increased 7 06/10/2002.WS by $10,000.00 to $64,121.00, for Calendar Year 2002 to compensated for the assignment of additional duties and make his salary commiserate to be competitive with the salaries paid by neighboring communities to Highway Superintendents with similar duties and responsibilities; and WHEREAS, Section 27 of the Town Law of the State of New York provides that the Town Board may increase the annual salary of an elected official for not more that one (1) fiscal year in excess in the amount specified in the Notice of Hearing on the Preliminary Budget by a Local Law adopted pursuant to the Municipal Home Rule Law; and WHEREAS, Section 24 of the Municipal Home Rule Law of the State of New York provides that a Local Law adopted by a Town to increase the salary of an elected officer during his/her term of office is subject to referendum on petition; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 © (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOW THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for adoption Local Law No of 2002 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 © (20) and, accordingly, the Town Board hereby expressly determines that his action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). BE IT HEREBY FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. _ of 2002 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 1st day of July, 2002 at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman This Resolution is hereby duly declared adopted. Voting Aye Voting Aye Voting Absent Voting Aye Voting Aye 06/10/2002.WS RESOLUTION NO. 2002-167 RESOLUTION ENDORSING SPORTS MUSEUM HALL OF FAME ROAD RACE The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Colsey. WHEREAS, the Sports Museum of Dutchess County will be co -sponsoring along with the Mid -Hudson Road Runners, a road race on August 4, 2002, to raise money for a County Sports Museum Building; and WHEREAS, the race will consist of 4K run and a 1500 meter run, both starting and finishing at Hannaford Market parking lot at the intersection of Myers Corners Road and U.S. Route 9; and WHEREAS, the 4K race will start at 9:30 a.m. at the Hannaford Market parking lot, cross Myers Corners Road to Losee Road, make a right onto Sucich Drive, left onto Old Hopewell Road, left onto Losee Road, left on to Myers Corners Road, and finish at the Hannaford Market parking lot; and WHEREAS, the 1500 meter race will start at 9:15 a.m. and run around the Hannaford Market Plaza, Hollowbrook, and the Hudson Valley Federal Credit Union. NOW THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board endorses the Sports Museum Hall of Fame Road Race in its endeavors to raise money for the Sports Museum of Dutchess County Building fund. 3. This resolution is adopted on the expresses condition that he Sports Museum of Dutchess County and Mid -Hudson Road Runners 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 Sports Museum Hall of Fame Road 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. D 06/10/2002. WS RESOLUTION NO. 2002-174 RESOLUTION NAMING PRIVATE ROADWAYS LOCATED AT 9 OLD ROUTE 9, DRIVEWAY TO TOWN HIGHWAY GARAGE, AND 4 — 6 OLD STATE ROAD The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Councilman Valdati. 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 unnamed private roadway located at 9 Old Route 9 be named ASPER LANE; and WHEREAS, Fire Inspector to the Town of Wappinger, Mark Liebermann, recommends that the unnamed roadway used as the driveway to the Town of Wappinger Highway Department Garage be named HIGHWAY DRIVE; and WHEREAS, Fire Inspector to the Town of Wappinger, Mark Liebermann, recommends that the unnamed private roadway located at 4-6 Old State Road be named DUSTY TRAIL; and WHEREAS, the owners of the properties adjoining said unnamed roadways concur with said naming of private roadways; and 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 unnamed private roadway located at 9 Old Route 9 is hereby named ASPER LANE for all purposes pursuant to the letter dated May 23, 2002 from Fire Inspector to the Town of Wappinger, Mark Liebermann, to the Town Board Members. The unnamed roadway used as the driveway to the Town of Wappinger Highway Department Garage is hereby named HIGHWAY DRIVE for all purposes pursuant to the letter dated May 23, 2002 from Fire Inspector to the Town of Wappinger, Mark Liebermann, to the Town Board Members. The unnamed private roadway located 4 — 6 Old State Road is hereby named DUSTY TRAIL for all purposes pursuant to the letter dated May 23, 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: 10 06/10/2002. WS JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-175 RESOLUTION AWARDING CONTRACT FOR ARCHITECTURAL SERVICES FOR RENOVATIONS TO RESTROOM FACILITIES AT MARTZ FIELD The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Paoloni. WHEREAS, a "Request for Proposal" was sent to three (3) local architectural firms for architectural services for construction of handicap accessible restrooms at Martz Field; and WHEREAS, proposals were received and reviewed by the Chairman of the Town of Wappinger Recreation Committee, Ralph J. Holt; and WHEREAS, the Chairman of the Town of Wappinger Recreation Committee, Ralph J. Holt, has provided an award recommendation to the 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. The Contract for architectural services for construction of handicap accessible bathrooms at Martz Field is hereby awarded to Cerniglia and Swartz, Architects, Planners and Interior Designers, P.C. with an office at 134 Academy Street, Poughkeepsie, New York for the price of Seven Thousand and Six Hundred Dollars ($7,600.00) plus reimbursable expenses and printing costs in accordance with the award recommendation letter dated May 31, 2002 from the Chairman of the Town of Wappinger Recreation Committee, Ralph J. Holt, to the Town Board. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-176 RESOLUTION AUTHORIZING PAYMENT FOR RENTAL OF COMMUNITY DAY INFLATABLE CHILDREN'S AMUSEMENT EQUIPMENT 11 06/10/2002. WS The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Colsey. WHEREAS, The Town of Wappinger Recreation Committee requests authorization to rent an inflatable rock wall, giant slide, and moon bounce for use at the Town of Wappinger Community Day celebration to be held on September 8, 2002, with a rain date of September 15, 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. Payment is approved in the amount of Two Thousand and Nine Hundred Dollars ($2,900.00) made payable to The Party People, Inc. with an address of 230 Woodmount Road, #36C, Milford, Connecticut 06460, from Recreation Account No. B-7550.4, for rental of an inflatable rock wall, giant slide, and moon bounce for use at the Town of Wappinger Community Day celebration in accordance with the letter dated May 22, 2002 from the Chairman of the Town of Wappinger Recreation Committee, Ralph J. Holt, 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-178 RESOLUTION AWARDING CONTRACT FOR WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA PHASE 3A, CONTRACT NO. 6 The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Valdati WHEREAS, the advertisement for bids for Wappinger Sewer Transmission and Treatment Improvement Area Phase 3A, Contract No. 6 was published in the Southern Dutchess News and Poughkeepsie Journal newspapers on May 1, 2002; and WHEREAS, bids were opened on June 4, 2002 and reviewed by the Town Clerk of the Town of Wappinger, Gloria Morse; and WHEREAS, the Engineer to the Town of Wappinger, Joseph E. Paggi, Jr. of Paggi, Martin & Del Bene, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 12 06/10/2002. WS The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Contract for Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A, Contract No. 6 is hereby awarded to Nenni Equipment Corp. doing business at 1538 Route 52, Fishkill, New York 12524, for the price of $130,404.50, in accordance with the award recommendation letter date June 4, 2002 from the Engineer to the Town of Wappinger, Joseph E. Paggi, Jr., to the Town Board. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-179 RESOLUTION APPROVING CONTRACT WITH NEXTEL The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Colsey. WHEREAS, the Town Board wishes to procure hand held cellular phone/ 2 - way radio units; and WHEREAS, Comptroller to the Town of Wappinger, Gerald Terwilliger, has investigated the sources for such units consistent with the Town Procurement Policy; WHEREAS, Nextel is the Town of Wappinger's sole source for the supply of such equipment. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of Forty -Nine Dollars and Ninety Nine Cents ($49.99) per unit per month for hand held cellular phone/ 2 -way radio service for ten (10) Nextel units on the G.R.T. 5000 Plan from Nextel in accordance with the letter dated May 20, 2002 from Daniel Carroll of Seti Cellular with an address of 1076 Main Street, Fishkill, New York 12524 to Town of Wappinger. Supervisor Joseph Ruggiero is hereby authorized and directed to execute a Nextel Subscriber Agreement on behalf of the Town of Wappinger for the term of one (1) year on the terms and conditions as specified in said letter 13 06/10/2002.WS dated May 20, 2002 from Daniel Carroll of Seti Cellular with an address of 1076 Main Street, Fishkill, New York 12524 to Town of Wappinger. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002 180 OAKWOOD KNOLLS PUBLIC INTEREST RESOLUTION The following The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Colsey. WHEREAS, the Town Board of the town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the town Law, relating to the increase and improvement of the facilities of the Oakwood Knolls Water District in the Town of Wappinger, Dutchess county, New York, consisting of the purchase and installation of an eight inch ductile iron pipe water main from the interconnection of Spookhill Road and Myers Corners Road to the Central Wappinger Water Improvement Area to provide a new source of water supply for the Oakwood Knolls Water District, including the purchase and installation of pressure reducing facilities, interconnections and new residential water meters and the disconnection and abandonment of the existing components of the Oakwood Knolls source supply and storage systems, including incidental expenses in connection therewith, at maximum estimated cost of $205,000; and WHEREAS, at a meeting of said Town Board duly called and held on January 28, 2002, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase and improvement of the facilities of the Oakwood Knolls Water District in said Town, at a maximum estimated cost of $205,000 and to hear all persons interested in the subject thereof concerning the same at the town Hall 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 25th day of February, 2002, at 7:45 o'clock p.m. prevailing time; WHEREAS, the said order duly certified by the Town Clerk was duly published and posted as required by law, to -wit: a duly certified copy thereof was published in the official newspaper of this Town, on February 13, 2002, and a copy of such order was posed on February 13, 2002 on the signboard 14 06/10/2002.WS maintained by the Town Clerk of the town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Oakwood Knolls Water District in the Town of Wappinger, Dutchess County, New York, consisting of the purchase and installation of an eight inch ductile iron pipe water main from the interconnection of Spookhill Road and Myers Corners Road to the intersection of Roberts Lane and Myers Corners Road, for the purpose of connecting the Oakwood Knolls Water District to the Central Wappinger Water Improvement Area to provide a new source of water supply for the Oakwood Knolls Water District, including the purchase and installation of pressure reducing facilities, interconnections and new residential water meters and the disconnection and abandonment of the existing components of the Oakwood Knolls source supply and storage systems, including incidental expenses in connection therewith, at maximum estimated cost of $205,000. Section 2. This order shall take effect immediately. The question of adoption of the foregoing order was duly put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This order was thereupon declared duly adopted. RESOLUTION NO. 2002-181 RESOLUTION AUTHORIZING THE ISSUANCE OF $205,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE OAKWOOD KNOLLS WATER DISTRICT IN SAID TOWN The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Colsey. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated May 28, 2002, the Town Board of the Town of Wappinger, Dutchess County, New York, has determined it to be in the IN 06/10/2002. WS public interest to increase and improve the facilities of the Oakwood Knolls Water District in said Town, at a maximum estimated cost of $205,000; and WHEREAS, said capital project, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York state Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment ;and WHEREAS, it is now desired to authorize the financing of such capital project; and NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Sectionl. For specific object or purpose of paying the cost of the increase and improvement of the facilities of the Oakwood Knolls Water District in the Town of Wappinger, Dutchess County, New York, consisting of the purchase and installation of an eight inch ductile iron pipe water main from the interconnection of Spookhill Road and Myers Corners Road to the intersection of Roberts Lane and Myers Corners Road for the purpose of connecting the Oakwood Knolls Water District to the Central Wappinger Water Improvement Area to provide a new source of water supply for the Oakwood Knolls Water District, including the purchase an installation of pressure reducing facilities, interconnections and new residential water meters and the disconnection and abandonment of the existing components of the Oakwood Knolls source supply and storage systems, including incidental expenses in connection therewith, there are hereby authorized to be issued $205,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said specific object or purpose is $205,000, and that the plan for the financing of the aforesaid specific object or purpose is by the issuance of the $205,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the IT:G 06/10/2002.WS chief fiscal officer. Such notes shall be of such terms, for and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual of facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conduction the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interest of the Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall bot be obliged to see to the application of the purchase money. Section 8. All matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of it Supervisor, providing for the manual countersignature of fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to be the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such 17 06/10/2002.WS charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law an shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond and bond anticipation notes may be contested only if: 1) Such Obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complies with, and an action, suit or proceeding contesting such validity is to commence within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposed of Treasury Regulations Sections 1.150 — 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution which takes effect immediately shall be published in the Southern Dutchess News, the official newspaper, together with notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-182 RESOLUTION AUTHORIZING RESIDENT ALICE CWIKLIK CONNECTION TO THE CENTRAL WAPPINGER WATER DISTRICT The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Valdati. 06/10/2002.WS WHEREAS, Alice Cwiklik resides and owns property at 10 Bel Air Lane in the Town of Wappinger; and WHEREAS, Ms. Cwiklik's property is situated outside the Central Wappinger Water District; and WHEREAS, Ms. Cwiklik has requested in writing authorization to have her property connected to the Central Wappinger Water District as a Tenant; and WHEREAS, Ms. Cwiklik has demonstrated hardship in her letter dated May 28, 2002 to Supervisor Joseph Ruggiero. 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. Alice Cwiklik, residing and owning property at 10 Bel Air Lane, Town of Wappinger, New York, is hereby authorized to connect to the Central Wappinger Water District as a Tenant, effective upon the Town's receipt of an executed Central Wappinger Water District Tenant Agreement and payment of required fees. Alice Cwiklik will pay the same water/ sewer service charge that is paid by District residents. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-183 AUTHORIZING THE TOWN BOARD OF THE TOWN OF WAPPINGER TO SUBMIT A 2002 BOND ACT GRANT APPLICATION TO THE NEW YORK STATE OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION FOR TH PRESERVATION OF CARNWATH MANSION AT GREYSTON ESTATE The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Councilman Valdati. WHEREAS, the Town Board of Wappinger will submit to the NYS Office of Parks, Recreation and Historic Preservation, an application for 2002 Bond Act grant funds to make necessary structural preservation enhancements to Carnwath Mansion at the Historic Greystone Estate; and WHEREAS, in addition to applying for such funds the Town of Wappinger will provide matching funds form sources such as force account, land value, donated labor and materials, and volunteerism, not to exceed 50% of the total project cost; and 19 06/10/2002.WS WHEREAS, the Supervisor of the Town of Wappinger has requested authorization to file grant application to the NYS Office of Parks, Recreation and Historic Preservation for the purpose of preserving Carnwath Mansion. NOW, THEREFORE, BE IT RESOLVED, that Joseph Ruggiero, Supervisor of the Town of Wappinger, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act of 1996, in the amount not to exceed $500,000, and upon approval of said request to enter into and execute a project agreement with the Sate for such financial assistance to the Town of Wappinger. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-187 RESOLUTION PERMITTING APPROPRIATIONS FOR GRINNELL LIBRARY TO BE LISTED SEPARATELY ON REAL PROPERTY TAX BILL The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Colsey. WHEREAS, pursuant to Education Law §259.1.b (1), the Trustees of the Grinnell Library Association circulated a Petition among the voters of the Town of Wappinger to increase the funding of the Grinnell Library Association by the Town of Wappinger from $100,000 to $314,874; and WHEREAS, pursuant to said Petition, the request to increase the funding to $314,874 was placed on the ballot at the biannual election resulting in an approval by the voters of the Town of Wappinger to authorize the Town Board to increase such funding; and WHEREAS, the Town of Wappinger wishes to separate the appropriations for the Grinnell Library Association from the Town's general budget by making it a separate line item on the State, County and Town Real Property Tax Bills; and WHEREAS, the Town Board, by adoption of this Resolution, hereby formally requests that the New York State Legislature, through its elected representatives, the Honorable Stephen M. Saland, Senator, and the Honorable Joel Miller, Assemblyman, to adopt appropriate amendments to the Law to permit Towns to separate funding for library purposes from the No] 06/10/2002.WS general fund and list thein separately on each statement whenever such funding is authorized, or to adopt such other statutory amendments they deem appropriate to effectuate the purposes stated herein. 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. Request is hereby made of the New York State Legislature by the Town of Wappinger through its elected representatives, the Honorable Stephen M. Saland, Senator, and the Honorable Joel Miller, Assemblyman, to adopt appropriate legislation to permit municipalities to separate budget appropriations for library purposes from the general fund and list said appropriations separately on each statement of taxes sent to taxpayers or to adopt any other legislation or statutory enactment said representatives deem necessary and appropriate to accomplish the purposes indicated above. It is the purpose and intention of this Resolution that the Town be given statutory authority to treat library appropriations as separate line items from the General Fund and listed separately on State, County and Town tax statements sent to the taxpayers. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-188 RESOLUTION AUTHORIZING PAYMENT FOR COMPTROLLER'S PURCHASE OF SOFTWARE MODULE The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Councilman Valdati WHEREAS, the Comptroller of the Town Wappinger, Gerald Terwilliger, has requested authorization to purchase an additional accounts receivable software module for the Town's existing accounting software. 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 payment is approved in the amount of Three Thousand Four Hundred and Forty Five Dollars ($3,445.00) made payable to Admit Computer Services, Inc. with an office at 185 Merritts Road, Farmingdale, New York, for an accounts receivable software module in accordance with the Product 21 06/10/2002.WS Quotation dated February 25, 2002 from Kevin Stoner, Account Manager of Admit Computer Services, Inc., to the Town of Wappinger. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. At this time, Robert Siefermann of 3 Cloverdale Road was recognized by the Town Board. Mr. Siefermann received a letter in the mail in regard to his assessment. It appears that there is a tenure backlog in assessments and he feels he has been targeted to be reassessed because he had installed a pool. He wants equitable assessment for all properties. He would like this matter addressed in such a way that it is done more equitably throughout the town. SUPERVISOR RUGGIERIO requested Mr. Siefermann to bring copies of all information to his office in the morning and he would go over it. There was no other business to come before the board. COUNCILMAN VALDATI moved to close the meeting, seconded by Councilman Colsey and unanimously carried. The meeting adjourned at 1000 p.m. Gloria J. Morse Town Clerk 22 06/10/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 10, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed resolution for a Special Use Permit for Performance Motors. SUPERVISOR SMITH opened the Hearing at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Jay Paggi, Engineer to the Town Absent: Vincent Bettina, Councilman The Town Clerk offered for the record the Affidavit of Posting, Affidavit of Service by Mail and Affidavit of Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Meeting). SUPERVISOR RUGGIERO asked if anyone from the audience had any questions or comments in regard to the Special Use Permit. Mike Leonard, owner of Greenbaum & Gillhooly's wished to compliment the owner of Performance Motors for cleaning up and maintaining the property. and he was in favor of the approval for the Special Use Permit. Town Planner, Dan Wery informed the Board that the Planning Board was in support of the Phase 1 and Phase 2 application and recommend the There were no questions or comments from the audience. COUNCILMAN PAOLONI moved to close the Public Hearing. Seconded by Mr. Colsey Motion Unanimously Carried The Public Hearing closed at 7:40 p.m. STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF WAPPINGER IN THE MATTER OF: NOTICE OF PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT BY PERFORMANCE MOTORS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) I GLORIA J. MORSE, being duly sworn say that: AFFIDAVIT OF SERVICE BY MAIL I am the duly elected and qualified Town Clerk of the Town of Wappinger. I am a resident of Route 9D, Town of Wappinger, County of Dutchess, State of New York. On the Z d 99day of ` L/ , 2002, I served the annexed Notice of Public Hearing upon dj ing property owners of Performance Motors by depositing a true copy thereof, properly enclosed in a sealed, certified, postpaid envelope in an Official Depository maintained and exclusively controlled by the United States Post Office at Wappingers Falls, New York, directed to said adjoining property owners at the addresses where the above then resided or kept offices according to information supplied by the Secretary of the Planning Board of the Town of Wappinger. GLORIA J. O E Town Cler Town of ppinger Sworn to before me the e day of Q,2002 NOTARY PUB S�� RM Qualified - D, Stsks No Pori Commission Expires Feb. 28, 20� TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT BY PERFORMANCE MOTORS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 23, 2002, your deponent posted a copy of the attached notice of Public Hearing for an Application for a Special Use Permit by Performance Motors, 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. b GLORIAJ. S Town Cler Town o appinger Sworn efore me theZ day of ,20 �ALSMPTS NOTARY PUBLIC, Stats Of New Y81k Qualified I % C 9ft Commission Expires fab_ 0290 Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEAR- ING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC°HEAR ING on the 10th day of June, 2002, at 7:30 p.m. at the Town Hall, Town of Wappin- ger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citi- zens shall have an opportu- nity to be heard as to whether of not the Applica- tion of Performance Motors, Inc. for a Special Use Permit pursuant to 4240-16(F)'to authorize an expansion of the automotive use present- ly conducted on parcel Identified as Tax Grid Num- ber 6157-02-598733, with a common street address of 1401 ROute 9, Wappingers Falls, New York,, to an adjoining parcel identified as Tax Grid Number 6157-02-597715, with a common street address of 1368 Route 9, Wappingers Falls, New York, . shall be granted. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (com- monly known as SEORA) and pursuant to Local law No. 6 of 1992 (the Town's Environmental Quality Re- view Law) that this Applica- tion is an Unlisted Action and the Town Board hereby reserves its right to make its SEORA Determination after the conclusion of the Public Hearing. PLEASE TAKE'FURTHER NOTICE that copies of the Application for the Speciale State of New York County of Dutchess City of Poughkeepsie Rita Lombardi _ , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for°ne iNMEe &Q_&ssively, in each week, commencing on the 29t11_ day of 2002__ and. -on the following dates thereafter, namely on: And ending on the day of , 2002 both days inclusive. 166& erv(,I_V� - Use inspection at for review j / and ins edion at the Office wv of the own Clerk on week- Subscribed d orn to before me thi days from 8:30 a.m. to 4:00 at the Town Hall, 2Q i day Of 2002 Midd Middlebush Road, Wappin- ggers Falls, New York. Oated: May 15, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN WAPPINGER 1111M - N Public GLORIA J. MORSE, WN CLERK 4784 MA, NOTA ` ' M commission ex ires Y, P NO. commissi 4* Zlvc �."OUTHEF;N r)lJT(:-HE$ NEld,-S BEACON FREE. PRFS!�.; 84 FAST MAIN 4;TREET WAPPINGERS FAI....I....S ; NY 1.1590 -F -1F i cl a w 1_ ,t-_ 4 i -F Fes' IL, L-3, 1 1 c- --t—_-x -t-- 1 c? " To: WAPP.T..NGFR�-) FAI....I....S , TOWN P ,:O „ LOX 324 WAPPINGER.S FAI....I._S -, NY 1.1590 I .. � .. i...��:�a.... notice #F,26` -3Q A.t: e Of NFA YORK � s NOTICE OF PUBLIC HEARING of FA)TCHESc } TOWNOFWAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger 7 s I TNA HEATH, b?1..n<7 i 1. J. l„ V := f e;t h r p ; depose, , Cl ei wilG on conduct a hey 10th day of Juane 2002,, atLIC J7: 30 s;:;v : that T am the. r"�(.)l7i�i' EEPER of �i(71. t.ili`='•r it of W ppngetre 0 MiddlebushTown Hall,own Road, N e (til -� -, A weekly n e w s p a p i? r i) t Ct Y n e? r a, l.. Wappingers Falls, New York, at which time all parties in interest and citizens r r <: i.. Y' �; t. ), 1. a. t. t,. n p 1. J, i7 ,`, 1., { y F? (� ,�, rl I,+I A F T N t E F. •..F F A L... L..!:, .7 shall have an opportunity to be heard as to whether or not the Application County .. o t D t.J 'r C H F S : .- � ; S t-. a. t. a of N E IBJ YORK, a. n d of Performance Motors, Inc. for a Special Use Permit pursuant to §240- t; h a. t. a. n O t .1. C: e ; of Ir) h i c h t: h E'• annexed i .`-> ;-^, 16(F) to authorize an expansion of P T" 1,, m e Cl i': i7 p y; f�;l a s duly p l.l. b 1. 1..:. h r-'�. .1.. d n Southern pr on• the automotive use presently con- ducted on parcel identified as Tax L)lJ,t.cheszs Nevi-=: nn ;.::X" Grid Number 6157.02.598733, with a common street address of 1401 Route 9, Wappingers Falls, NewYork, on'to an adjoining parcel identified as Tax Grid Number 6157-02-597715, with a common street address of 1368 Route 9, Wappingers Falls, New York, shall be granted. PLEASE TAKE FURTHER NOTICE .4 til o r n t. o h F f o r e m P.. t. n .1. ^ 29th d a. y of M a. Y; 2002 that the Town Board has determined that pursuant to Article 8 of the Envi- ronmental Conservation Law, Part 617 NYCRR (commonly known as SEQRA) and pursuant to Local Law No, 8 of 1992 (the Town's Environ• ALB ERT MNaant y F' I..1. h i t.. r mental Quality Review law) that this Application Is an Unlisted Action and NOTARY PUBLIC, STA, -E OF NEW YORK the Town Board hereby reserves Its QUALIFIED IN DUTCHESS COUNTY tiontafterthe concuto make Its �onofehePub- '; # 14-8240760 lic Hearing. COMMISSION EXPIRES Jvfr PLEASE TAKE FURTHER NOTICE that poples o the Application for the C �Y � tJ ?003 Special Use Permit are available for review and Inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wap- pingers Falls, New York. Dated: May 15, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK