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1999-01-25 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 25, 1999 7:30 P.M. ----------------- 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Workshop,'Dec. 14, 1998 ReOrganizational, 1/4/99 4. REPORTS OF OFFICERS: Sup/Bkkr Twn Justices Receiver of Taxes Bldg/Zng Dept. ANNUAL REPORTS: Town Justices Recreation Dept. Attendance report for 1998 5. AUDIT/JOURNAL WARRANT $ 6. PETITIONS & COMMUNICATIONS a. b. c. d. e. f, 9. h. i. J• k. 1. M. Frank Versace re: Wappinger Sewer Imp. Area I Notification of intent to renew liquor License from'Handshakes Restaurant Corp. Nicholas DeLuccia, Andlyn Assoc. RE: offer of land for Recreation in Chelsea G. Foster, H. Supt., requests for: (1) permission to go for Bid for H. Road Aggregates, etc. (2) Petty Cash fund Ralph Holt, Rec. Ch. Correspondence: (1) Request Supervisor be Authorized to sign Agrement for CD Grand for Schlathaus (2) reques for P.O. for $1,421.28 for School Custodial Services (4) Determin ation of responsibility of certain T/ROWs (5) Request permission to hire full time maintenance personnel (6) seek advice on direction to take to fill position of Sr. Center/Rec. Office Perso J. Paggi, P.E., Eng. to Twn., Report on Fleetwood/Fishkill Water interconnection (1/7/99-1/12/99-1/15/99) Emanuel F. Saris, re: Cresthill industries v. T.Wappinger J. Railing, P.E. re: request approval to tie into Town Water system on Pye Lane Rorey E. Wanliss, Manager, Nextel, request to build Communication Tower at Town Hall Jos. Marcogliese, P.E.,NYSDEC Regional Water Engineer, re: support of inclusion of 3 small wastewater plants in Phase 3A P. Meybohm, Property Manager, the Pavilion Condos, re: billing directly to individual home owners. Ernest Tiebout, Dorothy Lane, re: dangerous intersection of Dorothy Lane and Pine ridge Drive A. Lehigh, Ch. Bd. of Fire Comm. N. Hackensack Fire Dist. re: installation of a dry hydrant in Jekoce pond off St. Nicholas Rd. 7. COMMITTEE REPORTS 8. BONDS & LETTERS OF CREDIT MONTHLY REPORT 9. RESOLUTIONS a. Wappinger Sewer Transmission/Treatment Imp. Area Phase 3A ALL RESOLUTIONS w/Rudikoff Full env. Assessment b. Consider Rezoning Application of Alpine Co. of Poughkeepsie c. Appointment of Zoning Board of Appeals member (H. Prager term expires 2/1/99) d. Introduction of Local Law for Exemption of Residency for Town Comptroller & set Public Hearing e. Accept Contract & authorize Supervisor to sign Dial -a -Ride 10. UNFINISHED BUSINESS J. Paggi, Survey map of Chelsea ROW (Hammond)' 11. NEW BUSINESS 12. ADJOURNMENT REMINDER: ADJOURNED PUBLIC REARING ON ALPINE CO. 7:00 P.M. 01/25/90. RGM `�-? The Regular Town Board Meeting of the Town of Wappinger was held on January 25, 1999 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 8:25 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent COUNCILMAN VALDATI moved to consider the rezoning application of the Alpine Company at this time rather than at the end of the Agenda. Seconded by Bettina Motion Unanimously Carried An adjourned Public Hearing having been held on a proposed Local Law Amending the Zoning Law and Zoning Map of the Town of Wappinger in connection with an expansion of existing shopping center owned by the Alpine Company of Poughkeepsie, being know as "Alpine Commons", the matter of its adoption was now placed before the board for their consideration. First is to adopt the SEQR at presented by Dan Wery. Mr. Wery explained that in accordance with the state environmental quality review law they have worked with the Town Board and Planning Board to evaluate the potential impact of the proposed rezoning. It should be noted that this rezoning merely allows the process to move forward and allows consideration of a cite specific development. At the time an actual proposal is made, a detailed environmental analysis will be required on the analysis, and the comments made here tonight are very applicable to that process that will occur before the Planning Board. The particulars about entrances and exits are matters the Planning Board will review in accordance with their site specific plan. The project itself, once proposed, will be subject to an additional detail review at a later date. Mr. Roberts, Attorney to the Town, explained that the Resolution as prepared regarding the SEQRA documents referenced to the Towns Comprehensive Plan. It is not necessary to amend the Town Comprehensive Plan to adopt this particular zoning amendment. The Comprehensive Plan was adopted by the Planning Board in 1988 and under the law that existed then, and is in place now, the Town Board can address 1 01/25/99. RGM this rezoning without an amendment to the Comprehensive Plan. He would recommend any references to amending the Comprehensive Plan as contained in the SEQRA documents be deleted. COUNCILMAN VALDATI moved to adopt the SEQRA with the deletions regarding the Comprehensive Plan. Seconded by Mr. Bettina ROLL CALL VOTE VOTE Constance Smith, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Joseph Ruggiero, Councilman Nay Joseph Paoloni, Councilman Nay Motion Carried The following Resolution was offered as drafted, by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Bettina. LOCAL LAW # 1 OF THE YEAR 1999 AMENDING THE ZONING LAW AND ZONING MAP OF THE TOWN OF WAPPINGER (attached hereto and made part thereof this meeting) Upon calling the question, each Councilman stated his position on the matter before them. COUNCILMAN VALDATI voted for the rezoning in order to bolster our commercial entity in the Town and in doing this also reap many benefits for the taxpayer. This will help with the local taxes, but more importantly with our school taxes. People move here because there are services in Wappinger. What we have here is lower taxes for residents, lower sewer costs, lower water costs, creation of jobs, and convenience. COUNCILMAN BETTINA was on the fence at the beginning of this project, and had some concerns with the project. He sees the benefits that will be given to Wappinger Park from Alpine. Residential and Commercial growth is going to happen. Yes we have talked about urban sprawl, but he will never, with his one vote to allow congress or the senate to take away from home rule. Commercial growth is a necessity, siting the recent proposal of the Pizzagalh building being removed from the tax rolls. The jobs are not manufacturing jobs, but they are jobs that can help families. He looks at Wappinger Park, and they do need water. One of his goals, when he ran for office, was to supply the residents of the Fleetwood with water. This is something he wishes to see Wappinger Park benefit now. We need growth. Growth is going to take place. Government does not stand still. That's the cost of doing business. A town that is not growing is a town that will die. That is why he is voting for the rezone. 2 SCHEDULE 1 Owner Location Tax grid number Ernesto & Concetta Olivera 205 Old Hopewell Road 6157-02-645586 Ernesto & Concetta Olivera 207 Old Hopewell Road 6157-02-668575 Alpine Company of Poughkeepsie 213 Old Hopewell Road 6157-02-687552 Dabil Enterprises 217 Old Hopewell Road 6157-02-700544 Joseph Rizzo 219 Old Hopewell Road 6157-02-706566 Nancy Meddaugh 221 Old Hopewell Road 6157-02-740554 Mildred Sucich 237 Old Hopewell Road 6157-02-796563* * as to one-half (1/2) acre only i_ Draft 12/15/98 #6 Alpine Company of Poughkeepsie and Town of Wappinger SCHEDULE 2 Agreement made the day of December, 1998 between the ALPINE COMPANY OF POUGHKEEPSIE (ALPINE), 790 South Road, Poughkeepsie, New York and the TOWN OF WAPPINGER (TOWN), a municipal subdivision of the State of New York, 40 Middlebush Road, Wappingers Falls, New York. Whereas ALPINE has applied for rezoning of approximately 18 acres of land on Old Hopewell Road (the "Rezoned Parcels") from Residential (R-20) to Shopping Center District (SC) , said Rezoned Parcels more fully described in Exhibit A, and i Whereas ALPINE is the owner of contiguous lands of approximately 85 acres which has _ been previously partially developed as a shopping center known as Alpine Conimons(which parcel is more particularly described in Exhibit B), which contiguous lands together wit). the Rezoned Parcels shall be hereafter termed the "Combined Parcels," and Whereas as a result of recommendations made by members of the Town Board and the Planning Board to provide for the orderly development of the Rezoned Parcels and to mitigate possible impacts of the rezoning on adjacent properties. ALPINE has agreed to limit the use of the Rezoned Parcels and to provide improvements for the benefit of the TOWN ("Conditions") all as set forth herein, and Whereas members of the Town Board have requested that such conditions be incorporated in a contract to memorialize the inclusion of such conditions as part of the local law which rezones the Rezoned Parcels from R-20 to SC ("Local Law"), Page 1 of 13 Dralt 12/15/98 N6 Alpine Company of Poughkeepsie and Town of Wappinger SCHEDULE 2 Now, therefore, it is hereby agreed as follows: ONE: CONDITIONS OF REZONING. ALPINE agrees to observe the following conditions subsequent to rezoning: 1. Floor Area: The maximum cumulative floor area on the Combined Parcels shall be limited to 500,000 square feet instead of the otherwise permitted 1,346,000 square feet. 2. Water and Sewer: A. On -Site Sewer: (1) Easements: Upon rezoning, ALPINE at no cost to the TOWN will provide the TOWN with an easement for a sewer line in a form generally used by the TOWN for such purpose, said easement area extending from the terminus of the TOWN'S present easement area and sewer pipe located at the southwest corner of BJ's to a point at the south end of lands currently owned by ALPINE. J.f and when ALPINE purchases additional lands south of such point. a continuing easement will be provided to the north side of Old Hopewell Road. The grant of easement shall be provided within forty five days of rezoning or acquisition of the affected parcels as the case may be. The approximate location of such easements are shown on Exhibit C annexed hereto. ALPINE will bear the costs of the metes and bounds descriptions for the easements. (2) Construction of Line: As part of the construction of any buildings on the Combined Parcels having an aggregate size of 100,000 sq. ft or more, and only after it commences such construction, ALPINE at its own cost will extend within Page 2 of 13 Draft 12/15/93 #6 Alpine Company of Poughkeepsie and Town of Wappinger SCHEDULE 2 the above described easement area the TOWN'S existing 10" sewer line ("Line") from it present terminus points to the south shoulder of Old Hopewell Road or the southern boundary line of its existing land, as the case may be, as shown on Exhibit C or as shown on the approved Site Plan. The Line so constructed will be dedicated to the TOWN upon completion. (3) Reimbursement: The TOWN may deem it necessary to install the Line prior to the time ALPINE proceeds with the project on the Rezoned Parcels or construction of buildings having an aggregate size of 100,000 sq. ft on the Combined Parcels. If and when ALPINE subsequently obtains a building permit for construction on the Rezoned Parcels or construction of buildings on the Combined Parcels having an aggregate size of 100,000 sq. ft. or �crreater, it will reimburse the TOWN for the benefit of the affected district or improvement areas ("Reimbursement") the costs incurred for the construction of the line.. Reimbursement shall be equal to the costs ALPINE would have incurred had it installed the Line as part of its construction, which costs shall be determined by the lowest qualified bid accepted by ALPINE for construction of such Line, or seventy-five percent of the TOWN'S actual costs of construction of such Line, whichever is greater. The TOWN in its bid documents shall require all bidders to separately state the amount of bid allocated by it to the construction of the Line. (4) Performance Bond: Whenever ALPINE, during the term of this Agreement, applies for a building permit to construct a building or buildings having an Page 3 of 13 SCI IEDULE 2 Draft 12/15/98 #6 Alpine Company of Poughkeepsie and Town of Wappinger aggregate size of 100,000 sq. ft or more on any portion of the Combined Parcels, it shall, as a condition for issuance of a building permit for the building or buildings meeting such threshold, provide the TOWN with a performance bond to secure the construction of the Line or reimburse the TOWN, as the case may be. The amount of the bond shall be the lowest bid ALPINE accepts from a qualified bidder to construct the Line or seventy-five percent of TOWN'S previously incurred construction cost to install the Line or seventy-five percent of the TOWN'S estimated costs of construction of the Line if it has not then constructed the Line, whichever amount is greater. Upon reimbursement by ALPINE or constriction of the Line by ALPINE as the case may be, the bond shall be surrendered by the TOWN to ALPINE. If the TOWN has previously constructed the Line, and if one hundred twenty days after closing of.permanent financing for the building or buildin(,s having an aggregate area of 100,000 sq. ft. ALPINE has failed to pay to the TOWN the amounts required by this subparagraph, the TOWN may demand payment upon the bond and may exercise any remedies at law or equity it has to enforce payment of the bond. The prevailing party shall pay the legal costs associated with the proceeding to enforce the bond. (5) Coordination: In the event both parties decide to commence construction of their Lines at approximately the same time, the parties shall use their best efforts Page 4 of 13 Dralt 12/15/98 qG Alpine Company of Poughkeepsie and Town of wappinger SCHEDULE 2 to coordinate construction of the Line with the construction of related lines undertaken by the Town. B. On -Site Water: (1) Easement: Upon rezoning, ALPINE will provide the TOWN with an easement at no cost to the TOWN for a continuation of its present water line easement from its present terminus at the southeast corner of BJ's to the southerly boundary of its property and upon acquisition of additional lands south of its parcel, it will provide easements over such additionally acquired lands at the same time and in the same manner as provided for sewer easements as set forth in preceding paragraph ONE.2.A.(1). The approximate location of such easements is shown on Exhibit C. (2) Construction: As part of the construction of its improvements on the Rezoned Parcels and only when such improvements are constructed. ALPINE will at its own cost extend within the above described easement area the TOWN's existing_ 8" water line from its present terminus point to the South shoulder of Old Hopewell Road as shown on Exhibit C. (3) Reimbursement: In the event the TOWN deems it necessary to install a water line prior to ALPINE's commencement of construction on the Rezoned Parcels and ALPINE subsequently commences such construction on the Rezoned Parcels, ALPINE will contribute to the TOWN an amount equal to the costs ALPINE would have incurred to install such water line as part of its construction Page 5 of 13 Draft 12/15/98 N6 Alpine Company orpoughkeepsie and Town of Wappinger SCI IEDULE 2 costs. The water line so constructed shall be dedicated to the TOWN upon completion. C. Off-site Water (1) Consent to District: ALPINE consents to the inclusion of the Combined Parcels in a new water improvement area or special district to be established by the Town Board which shall also encompass, at a minimum, lands along Old Route 9, Hark Plaza, and Wappingers Park (aka "Indian Village" subdivision). (2) Constriction: As part of ALPINE's construction of improvements on the Rezoned Parcels, and only after it commences such constriction, ALPINE at no cost to the TOWN will contribute in kind certain improvements for the benefit of the district or improvement area established by the Town Board. The improvements will include the following: • provide all labor and material to make the connection of the water line terminating at a hydrant adjacent to the existing ALPINE entrance and connecting to the existing water line that lies under Route 9 and has a termination point on the east side of Route 9. 0 Provide all labor and material to connect the existing TOWN water line that lies under Route 9 and extend this line approximately 200 feet westerly to a point designated by the Town Engineer on Old Route (the "Old Route 9 termination"). Page 6 of 13 Draft 12/15/98 #6 Alpine Company of Poughkeepsie and Town of Wappinger SCHEDULE 2 • Provide all pipe and fitting for extension of the TOWN's water line from the Old Route 9 termination southerly down Old Route 9 to Old Hopewell Road to the entrance of Wappinger Park. It shall be the obligation of the TOWN to obtain all necessary permits and easements to permit ALPINE to install the above water lines. All work shall be supervised by the Town Engineer. (3) Reimbursement: Additionally, whenever ALPINE, during the term of this Agreement, applies for and obtains a building permit for a building or buildings on any portion of the Combined Parcels for buildings having an aggregate floor area in excess of 100,000 sq. ft., ALPINE will either perform the same work as provided above at the time of construction of the building or will contribute to the TOWN for the benefit of the District the lesser of the TONVY""' actual cost to supply the materials and perform the above work or $50,000.00 . ALPINE will provide the TOWN with a performance bond in the sum of $50.000.00 to secure the above obligations simultaneously with the issuance of a building permit for construction of buildings having an aggregate size of 100,000 sq. ft. on the Combined Parcel. Upon payment or completion of the lines as provided in this subparagraph, the Bond shall be surrendered. ALPINE shall pay the sum due under this subparagraph within 120 days of closing of the permanent financing on the building for which the bond was issued. If ALPINE fails to pay the sum due to the TOWN pursuant to this subparagraph, the TOWN may demand payment of Page 7 of 13. SCHEDULE 2 Draft 12/15/98 N6 Alpine C6111pany of Poughkeepsie and Town of Wappinger the bond and upon failure of payment as provided in the bond, the TOWN may exercise any remedies at law or equity it has to enforce payment of the bond. The prevailing party shall pay the legal costs associated with such proceedintD g to enforce the bond. D. Grubbing: ALPINE during the course of construction will, at the request of the TOWN, clear and grub an easement area for sewer lines separately acquired by the TOWN contiguous to the Rezoned Parcels. 3 . Old Hopewell Road Access: Any access drive between the Rezoned Parcels and Old Hopewell Road shall be restricted to a right hand turn into the Rezoned Parcels and a right hand out of the Rezoned Parcels, no left-hand turn into the Rezoned Parcels and no left hand exit turn from the Rezoned Parcels shall be permitted as approved by Dutchess County Department of Public Works. 4. Route 9 Access: Exclusive of the existing access drive from Route 9 to the existing Alpine Commons Shopping Center, any additional access from and onto Route 9 to or from the existing shopping center shall be limited to an ingress right-hand turn and an egress right-hand turn; no additional left-hand turn entrance nor left-hand turn exit turn shall be permitted; 5. Highway Improvements: Subject to regulatory approvals, ALPINE shall complete all highway improvements outlined in plan entitled ACP -1" prepared by John Collins Engineers, dated April 30, 1998 (Exhibit D) and by consultants to the TOWN, Page 8 of .13 Draft 12/15/98 #6 Alpine Company of Poughkeepsie and Town of Wappinger SCHEDULE 2 including but not limited to an additional westbound traffic lane on Old Hopewell Road to Route 9, subject to the requisite traffic warrants. 6. Directional Signalze: To facilitate traffic flow as shown on the approved site plan or as otherwise required by any regulatory agency having jurisdiction, ALPINE will install highway directional signage or signals as required by the State, Town, or County for highway improvements or access associated with the project. 7. Losee Road Access: No access shall be permitted to or from the Rezoned Parcels or any other part of the Alpine Commons Shopping Center to or from Losee Road; 8. Landscape Area: A. To lessen the visual impacts of the developed portion of the Rezoned Parcels from Old Hopewell Road, at the time of the construction of improvements on the Rezoned Parcels, a landscaped buffer area on the Rezoned Parcels shall be established for a distance of seventy-five feet from the Old Hopewell Road property line, with allowance for an access road and necessary grading and drainage improvements as provided on the approved site plan. The landscaped buffer will consist of existing trees which will be retained as much as practicable and which will be supplemented by additional trees, including evergreens and deciduous. The access drive from Old Hopewell Road into the Shopping Center will be landscaped. Tree preservation, additional tree plantings and landscaping for the buffer area and the remaining site will be determined by the Planning Board Page 9 of 13 SCHEDULE2 Draft 12/15/98 N6 Alpine Company of Poughkeepsie and Town of Wappinger during site plan review. All buffer and landscaped areas will be subsequently maintained at all times to a standard at least equivalent to the quality and character of landscaping and preservation required under the approved landscaping plan and absent the same, and after 30 days notice and the failure to correct such condition, the Town Board may cause such correction and cause such expense to be assessed against the land on which the corrective work was done. B. Any landscaping plan (inclusive of the buffer area), shall be submitted to the Town Board for its review and advisory comment prior to final approval by the Planning Board. C. Upon completion of the buffer area contiguous to Old Hopewell Road, so long as the Rezoned Parcels are used for a Shopping Center or other use permitted in a shopping center (SC) district, s>_lch buffer area shall be restricted to use as a buffer area in accordance with the approved plan. 9. Building Setback: No building shall be constructed on the Rezoned Parcels within one hundred fifty feet of the Old Hopewell Road property line; 10. Old Hopewell Entrance Sign: Signage on Old Hopewell Road shall be limited to one unlit monument -type sign of a height to be approved by the Planning Board consistent with zoning standards. 11. Lot Consolidation: The Rezoned Parcels shall be consolidated into one lot of record. Page 10 of. 13 Drali 12/15/93 #6 Alpine Company of Poughkeepsie and Townof �Vappincer SCHEDULE 2 TWO: SITE PLAN STANDARDS. Any site plan for improvements on the Rezoned Parcels prepared by ALPINE shall, in addition to any zoning standards applicable thereto, conform to this Agreement. THREE: TERM OF AGREEMENT. The term of this Agreement shall be forty years, commencing on the effective date of the Local Law. FOUR: RECORDING OF COVENANTS. Restrictive covenants consistent with this agreement and all the promises, covenants and conditions contained herein and in a form acceptable to the Town Attorney shall be filed in the Office of the Dutchess County Clerk within twenty days of rezoning. FIVE: SUCCESSORS. This Agreement shall be binding upon the parties and their successors and assigns or upon any party subsequently developing the Rezoned Parcels for shopping center rise or other permitted >>se in the shopping. center district as provided by the TOWN'- zoning law, each of whom shall have the same obligations as accrue to ALPINE under the terms of this Agreement. SIX: MANNER OF MODIFICATION. This Agreement may be modified only by a written agreement signed by the parties. The provisions regarding "Landscape Area" and "Building Setback" along Old Hopewell Road as set forth in preceding paragraph ONE. 8. and ONE.9. shall not be modified. SEVEN: ENFORCEMENT. If an action is commenced by the TOWN to recover damages, or to undertake enforcement or defense of any actions undertaken pursuant to this Agreement, the prevailing party shall be entitled to recover its costs of such proceeding, including reasonable Page 11 of 13 Drag 12/11/98 #5 Alpine Company of Poughkeepsie and Town or Wappinger SCHEDULE 2 attorneys' fees and other professional and consultant services incurred in the enforcement or defense of any such action. EIGHT: CUMULATIVE REMEDY. The remedies provided herein shall be deemed separate and cumulative and are intended to be exclusive of each other or any other remedies to which the TOWN may be lawfully entitled. NINE: NOTICES. Any notice required to be given to ALPINE shall be given to both ALPINE, its attorneys and its lender at the following addresses: Alpine Company of Poughkeepsie 790 South Road Poughkeepsie, New York 12601 Fax Number: (914) 297-2504 -and- Corbally, Gartland and Rappleyea, LLP 35 Market Street Poughkeepsie, New York 12601 Fax Number: (914) 454-4857 Such notice shall be in writing and transmitted by both regular and facsimile at the above numbers and addresses. Any party entitled to notice may by written notice, certified mail, return receipt requested, to the TOWN at its municipal offices substitute addresses or numbers for purposes of notice. If ALPINE elects to designate a Lender as an additional party to receive notices, any rights accruing to ALPINE to cure any default shall also accrue to such Lender who shall be deemed, upon the Lender electing to act, as an authorized agent of ALPINE. Page 12 of 13 Draft 12/11/98 #5 Alpine Company of Poughkeepsie and Town of wappinger SCHEDULE 2 In Witness Whereof, the parties have signed this Agreement on the date stated above. ALPINE COMPANY OF POUGHKEEPSIE Edward Kellogg, Partner TOWN OF WAPPINGER Constance O. Smith, Supervisor Page 13 of 13 . EXHIBIT "A" C.T. MALE ASSOCIATES, P,C. SCHEDULE 2 LEGAL DESCRIPTION ALPINE COMMONS PHASE H PREPARED FOR ALPINE COMPANY' OF POUGHFCEEPSIE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, NEW YORK All that certain tract, piece or parcel of land situate, .lying and being in the Town of Wappinger, County of Dutchess, State of New York, lying generally Easterly of U.S. Route 9 (S.H_ No. 5154) and Northerly Old Hopewell Road (County Route No. 28), and being more particularly bounded and described as follows: BEGNNING at a point at the intersection of the division line between the lands now or formerly of Alpine Company of Poughkeepsie as described in Book 193 of Deeds at Page 530 on the North, and lands now or formerly of Lois Realty Co. as des=ibzd in Book 1654 of Deeds at Page 268 on the South with the Easterly boundary- ofU.S. Route 9 (S.H. No. 5150, and runs thence fiom. said point of beo ruing North 86 ceg. 02 min. 37 sec. West along the above first rnentioned division line 396.78 feet to its intersection with the division line between the said lands of Alpine Company of Poug'Ekeepsie on the Northwest and the lands now or formerly of Jones on the Southeast; thence along the above last mentioned division line the following two (2) courses: 1) North 53 deg. 50 ruin. 35 sec. East 54.84 feet to a point, and 2) thence North 40 dej. 10 min. 51 sec. East 49.2_') feet to its intersection with the common division line between the said lands of Alpine Company of Poughkeepsie on the Northeast and the lands now or formerly of Jones and lands now or formerly of Olivieri as described in Book 1644 of Deeds at Page 737 and Book 1467 of Deeds at Page 102 onth , e Southwest; thence along the above last Y mentioned common division line the following three (3) courses: 1) South 26 deg. 29 min. 09 sec. East 15.98 feet to a point; 2) thence South 26 deg. 29 Tnin. 09 sec East 24-d-52 .feet to a point; and 3) thence South. 26 deg. 49 rain. 09 sec. East 303.17 feet to its .(_-_EXHIBIT "A" continued) (...; C.T. MALE ASSOCIATES, P.C. LEGAL DESCRIPTION ALPINE COMMONS PHASE Ir PAGE - 2 SCHEDULE 2 intersection with the common division line between the said .lands of Alpine Company of Poughkeepsie and other lands now or formerly of Alpine Company of Poughkeepsie as described in Book 1924 of Deeds at Pace 543 on the Northwest and the lands now or formerly of Reuvers and lands now or formerly of Worley as described in Book 1419 of Deeds at Page 772, lands now known as Meddaugh and lands. now or formerly.of Sucich as described in Book 1021 of Deeds at Pape 321 on the South; thence along the above last mentioned common division line the following five (5) courses: 1) North. 69 deg. 16 min. 51 sec_ East 209.67 feet to a point; 2) thence North 71 deg. 31 min. 52 sec_ East 234.22 feet to a point; 3) thence North 72 deg. 30 min. 35 sec. East 5.20 feet to a point; 4) #hencF North,7_0�e�.�9;Ln, 16 car, Fit -x,16 FP?t; a�:d 5) �.or►, �?-dPo 25 min. 06 sec East 100.44 feet to its intersection with the division line between the lands now or formerly of Ivanoff as described in Book 1001 of Deeds at Pa -e 184 on the Northwest and the said lands of Sucich on the Southeast; thence North 50 deg. 30 min. 30 sec. East along said division line 73.56 feet to a point; thence South 02 deo. 51 min_ 17 sec. West through the said lands of Sucich 340.47 feet to a point on the division line between the said lands of Sucich on the Northeast and the lands now or formerly of Worley as described in Book 1429 of Deeds at Page 772 on the Southwest, thence along r, the above last mentioned division line the following three (3) courses: 1) thence South 25 deg. 21 min. 26 sec. East 140.76 feet to a point; 2) thence South 25 deg. 35 min_.56 sec_ East 131.39 feet to a point; and 3) thence South 24 deg. 58 min. 26 sec_ East 160.05 feet to its intersection with the division line between the lands now or formerly of .Ivfasch on • (...EXHIBIT ."A" continued). f C.T. MALE ASSOCIATES, P.C. SCHEDULE 2' LEGAL DESCRIPTION ALPINE COMMONS PHASE 11 PAGE - 3 the Southeast and the lands now or formerly of Worley on the Northwest; thence South 50 deg. 27 min. 14 sec. West along the above last mentioned division line 223.18 feet to its intersection with the Northerly boundary of Old Hopewell Road (County Route No. 28); thence along the above last mentioned Northerly highway boundary the following fourteen (14) courses: 1) North 80 deg. 07 zein. A-5 sec... West 26.56 feet to a point; 2) . thence North 76 deg. 4=4 run. 54 sec. I' Test 61.86 feet to a point, 3) t en ce Noah" deo- 30 30 min. 46 sec. West 89.02 feet to a point; 4) thence.North 70 deb. 55 min. 38 sec. West 610.88 feet to a point; 5) thence North 4S deg. 18 min. 37 sec. West 102.19 feet to a point; 6) thence North 58 deg. mut. ut. 1:4 sec. West 29.23 feet to a point; 7) thence North 69 -deg. -n Inim �7 sec. Nest 32.69 feet to a .po'int,'8) th�ce North 76 deg. 56 min. 31 sec. West 41.76 feet to a point; 9) thence North 82 deg. 04 min. 52 sec. West 126.18 feet to a Point; 10) thence South 89 deg. 53 min. 42 sec. West 5027 feet to a point; 11) thence South 89 deg. 53 min. 42 sec_ West 4420 feet to a point; 12) thence South 83 deg_ 22 min. 33 sec. West 51.17 feet to a point; 13) thence North 67 deg. 45 min. 20 sec. West 16.62 feet to a point; and 14) thence North 74 deg. 50 min. 33 sec. West 53.78 feet to its intersection with the division line between the lands now. or formerly of Lois Realty Co. as described in Book 1654 of Deeds at Page 268 on the East and the lands now or'formerly of Lois Realty Co. as described in Book 182.0 of Deeds at Page 753 on the West; thence North 09 deg. 14 min 47 sec. East along ffie'above last mentioned division Line 498.32 feet to a point, said point being the Northeasterly corner of said lands of Lois Realty Co. as described in Book 1820 of Deeds at Page 753; thence through the lards now or �.:<.EXHIBIT "A" continued) C.T. MALE ASSOCIATES, P.C. LEGAL DESCRIPTION ALPINE COMMONS PHA5E 11 PAGE -4 SCHEDULE 2 formerly of Lois Realty Co. the following two (2) courses: 1) North 09 deo 14 min 47 sec_ East 50.06 feet to a point; 'and 2) thence North 83 deg. 31 min. 03 sec. West 282.42 feet to a point on the above first mentioned Easterly boundary of U.S. Route 9 (S.H. No. 5154); thence along the said above first mentioned Easterly highway boundary the following three (3} courses: 1) North 06 deg. 46 min. 59 sec: East 27.07 feet to a point; 2) - ^-`^ 1 ^' t 97.-� r '- to a point; and 3) thcrice Noy 06 thence ti�, �. �_ deg. z�.mi-1. 10 sec. Lass �2e� deo. 04 min. 45 sec. East 25.52 feet to the point or place of beg fining. C.T. MALE ASSOCIATES, P.C. Edward F. Carrigan, PLS September 24,1992 Revised June 26, 1998 qD/FFC/P-/c C1MA #89.1582 SCHEDULE 2 EXHIBIT "B" v►n'awa►a.Q RDOVV1111CO1 h•W—.—••�..,,�•�.,�.�.,.�,T l ERIMtTTtiil Dh9C UPT10N ALPINE COMMONS TOWN OF WAPP1NC1311, COUNTY OF DUTCHE59, STATE OF NEW YORK 1W that certaln tract, plena or plical of hind alluate, lying and being In the Town of Wappinger Falls, County of Dulchess, State of New York, lying Emtesty of US. Route 9, and being mare particularly bounded and described as follows; BEGINNING at a point at the Inlersectlon of the division line between the lands now or formerly of A)pine Company of Poughkeepsie as described In gook 1924 of Deeds at Page 542, Book 1924 of Deeds at Page 543, Book 1953 of Deeds at Page 530 and other lands of Alpine Company of Poughkeepsle (formerly lands of Zywutchenko as describ¢d In Book 1286 of Deeds at Page 8) on the Southeast and the lands now or formerly of Santandra as described In Book 1234 of Deeds at Page 4011 on the Northwest with the P.nsterly boundary of US. Route 9, S.11 No. 5154, and runs thence from said point of beginning North 49 deg. 07 min 07 sea tart along the above mentioned dlvlslon line 190.21 feet to Ib lAkTsectlon with the dlvlslon line between the Bald lands of Alpine Company of Poughkeepala on the Southwest and the lands now or formerly of Nlessen as descrfyed In Book 3D1446i meed$zatTagc'3.i1-an-tl,etfoMheast;ihenciSouth30 deg. 3A tnln jo sec East along the above last mendoned division Linc 625.2E feet to Its fnluuctlon with the dlvLalon line between the said lands of Alpine Company of Poughkeepsie on the South and the lands now or Iwrr►erly of Nlessest on the North. thence North 71 deg. 12 min. 49 ser. East along the above bast to ndcned dlvLsion line 691.02 felt to Its Inlersecllon with the Common divialon line betwe4n the Alpine Company of Pouahkwp&N on the SOULhwagt and the lands now or formirly o! Mlffla as described In Book 1664 of Dredi At Page 38, Unds now or formerly of Fountain as described In gook 1516 of Deeds At Page 247, Lands now or formerly of watts as dc=ibed In Book 1728 of Deeds at Page 111, Lands now or fornvniy of Anondson as described b gook 1634 o! Deeds at Page Wj uuJ 12/.11/98 FRI 13:19 FAX 914 454 4857 CORBALLY, GARTLAND i EXHIBIT "B" (continued) C.T. MAALt''A94bb1At68' PERIMETER DESCRIPtION KIP* ACRES OF LINO PAGE -2 906. I&Ade now or formerly of Fusaro as described In Book 1526 of Deeds at Page 740 and 0—k 1628 of Nedl At Peg* 64, and the lands now or formerly 01 Zrwotdunko As described In Book 12.86 of Deals Al Page 9 ail on the Northeut; thence along the Above last mentioned common dlvlalon line the following three (3) courser 1) South 25 deg. 59 min. (14 set, East 570.48 feet to a point; 2) thence South 26 deg. 57 min. 22 ser. East Moo feet 10 a polnC and 3) thence South 26 deg. 29 min. 39 sec East 265.68 feet to lu point of Wersettlon with the division line between the said lands of Alpine Company of Poughkeepsie on the South and the said lends of Zywotchttnko on the Nort1L thence North 73 deg. 48 min. 08 sec East along the last mendoned division line 305.20 feet to a point on i the Westerly boundary of l.eaee Road; thence South 08 deg. 25 min. 39 se East along said Westerly boundary o[ Lowe Road 101.06 feet to its point of lnhamectlon With the dlvL%Icn line between the said lands of Alpine Company of Poughkeepsie on the Northwest and the lands now for formerly of Robbins as described In tkok 59bvt ., a•: t�n-a� y:.^, s�:isa0s�+it t;'j!,. c::tSouthM deg. 53 m1n. li sec. West along the last am tloered d[vtsfott line 47,00 feet to Its point or Inten"llon with the dlrialon Liffe between the cald lands of Alpine Company of Poughkeepsie on the NOctheast and the ta)d lards at Robbins on the Southwest; thence North 39 deg. 06 nth 49 sec Well along tho lul tnendmed division tine 25.00 hit to Its point of inbft section kith the dltitIon lint betwelm the said Lands of Alpine Company of Poudhkrepde on the Noithkest and the said lands at Robbins on the Swtheut; thence South S0 d% 53 Mln. 11 set. West along the last mezltioned division line 125,00 fee to Its point of Intersection with the dl -bion line betwtm the said lulls of Alpine Compeny of Poughkeepale as the Southwest and the said Lentis of Robbtns on the Nortbeiat thence South 39 deg; 06 titin. 49 sec. Esso along the Inst Mentioned dlylAort Ilm 25.00 feet to Its SCHEDULE2 X1008 12/1-1/98 FRI 13:19 FAX 914..'4 4857 CORBALLY, GARTLAND X1007_ SCHEDULE 2 EXHIBIT "B" (continued) yy..- rt {�wwGCIA�'�8,�L� �t +,''�.. .F.%i':•4`�i �i}��'iJl�('yci�..cly�nyV,jY�"i�17.1e 't PLNMMA DiSCMPTION U I73 ACAES OF UND PACE•J point of Intersection with lite division Ilne balween the jald lands of Alpine Company of Poughkeepsle on the Northwest and the sold lands of Robblrti on the Southeast: thence South 50 dog. 53 min. 11 sec. Weil along the Jail mentioned division line 103.60 feet Io Its point of Intarsectfon with the common division line between the said lands of Aipine Company of Poughkeepsle on the Southwest and the Bald lands of Robbins, lands now ur formerly of Jackson u desctibcd In Book 1590 of Deeds at Page 503, lands now or formerly of Collins as descriued in Book 1307 of Deeds at Page 502 and lands now or formerly of Keegan L3 described in Book 1737 of Deeds at Page 241 all on the NoWwut; thence along the last mentioned common division line the following two W route; 1) thence South 26 deg. 35 min. 54 sec. Rail 320.79 feet to A point; and 2) thence South 21 deg. 38 min. 21 sec East 62-31 feet to Its Intersection with the common division Ilne batween the Bald lands now or formerly of Alpine Company of PoughheePsle on the Ilcrth r+ :i•w. yi y!/tllKal� �!a '40— gran :as desarlbed In Book 1737 of Deeds at Page 241, lands now of formerly of lvanoff u desaibed In Book 100I of Deeds at Page 184 (formeTlr lands of Ireland as described In Book 372 of Dttds at page SZ) on the Soutk thence along the above last mentloned common dlvulon line the foUowing (cur (4) rya; 1) South 74 deg. 59 min 10 sec. West 317..62 feet b a point; 2) 11"we North 78 deg. 18 tela. 51 set'- We3t 228,77 feel to a point; 3) lhmcu South.88 deg. 30 min Io sec, West 121.43 r"1 10 s point; and 4) thane- North 80 dq. 17 tnlrL 81 W. West um to Its point of intlrwllon with the dlvWm Una bettreert the bald lands of Alpine Company of Poughkeepsie on the West and the said lands of Ivanoff on the Hast: thence along said division line Ott following Gee (5) amrw r 1) South 07 deg. 51 mla. 13 sec West 16!,66 feet to a point 2) thence Srntth 00 deg. U rain, 19 seo. Hast 5439 lees to a point 3) d%enca South 05 deg- 28 mlm 35 sane Walt 264.19 feet to a 12/,11/98 FRI 13:19 FAX 914 454 4857 CORBALLY, GARTLAND 008 SCHEDULE 2 EXHIBIT "B" (continued) C.Y. MAA�B A ... �rrf•it: �� v, ,,,r7','WIre%'rsl:r�? 9bbC AM, P,C. PERUNMA DfSMPTION 19117t ACAU or LAND MCC • 4 Point,' 4) thence South 03 dog, 12 min. 42 sec. West 285.75 feet Io t point; and 5) thence south D6 deg. 55 min, 25 sec. Eget 133.76 feet to it point on the division line between the said lands Alpins Cctnptny of Poughkeepsle on the Northwest and the lands now or formerly of Mildred Sucich as described In Dcok 1021 of Deeds at Page 321 on the Southeast; thence South 52 deg. 25 min. 05 set, West along the above last mentioned dlvlslon 11ne 100.44 feet 10 lls lnlenedlon with the common division line between the said lands of Alpine Company of Pou�nkcepsle on the North and the lands now or formerly of Nancy C Worley (N/K/A Meddaugh) as described In gook 1419 of Deed3 at Pabe 772, the lands now or formerly of Reuvers and the lands now or formerly of CviJannvlch Q on the South; thence along said common division line the following four (4) courses: 1) South 70 deg, 29 min. 16 sec west 22216 fco to a point; 2) thence 5oulh 72 deg. 30 min. 35 sec. Weal 5.20 feet to a point; 3) thence South 71 deg. 31 min. 52 sec. West 234.22 feet to a polnt and 41 thence South 69 deg. 16 ndn. 51 Dec West 209.67 feel to it3 Intersection with the co_mme.t Bald lands Alpine Company of Poughkeepsle on the Northeast and the lands now or formerly of Olivieri as described In gook 1467 of Deeds at Page 402 and Book 1644 of Deeds at Page 737 and the lands now or fonroerly of )ones on the Southwest; thence along the above lest mentioned roc unoe division Iltua the following three (3) courses; 1) North 26 deg. 49 men. 09 sec. West 303.17 flet to a Point: 2) thence North 26 deg, 29 m.lm 09 sec, Wast 24462 fe.t to It point; treed 3) thence North 26 deg. 29 min. 09 se's West 15.96 het to Its intcraactlon with the division line between the said Luxes of Alpine; Company of PW06"t on the Northwest and the lances now or formerly of Jones an the Southeast thence Along the Abovo last mentioned division Ilse the ['0110 ting h+o (2) courses; 1) South 40 deg. 10 min. 51 sec. West 4922 feet to it point; and 23 thence South 53 .. 12/11/98 FRI 13:20 FAX 914 454 4857 CORBALLY, GARTLAND [010 r EXHIBIT "B" (continued) i t6AlMtTtl1 �n+�i1ON � �. M171 ACASS OF UNt) ! • PACE •I TUCHII-iER with a right-of-way So feet In wldth for ltigt�sl and egreaf;G6 end From Old Hopewell ltraed as dcecrlbed In ut aggreMuni of p1e doted July 1:41976 betwaon Diva Alexander and James A. Kleln doiaibed u the sellers and Frani j. Konrad deacribod u Lhe purchaser. BEGINNING at a point on the Northerly ldghway boundary of Old clap' Road at lta qweU polnt of lntetsectlon with the divWon Una btlwM lauds now or formerly of Lob Realty Co. u described N Book 182u of Deed: at page 753 on the Wast ;tnd other lands now or formerly of Lnls Realty Ca as described In gook 1653 of Deeds at page 268 on the Bast; thence North U9 deg. 14 Min. 47 sec East along Bald dlvL31on line. 12732 feet to a point thenct through the Tact described lands of Tots Realty Co, the following two f2) courses l) North 18 dab 53 rain, 07 sec. Fast 19247 feet to a point: uW 21 thence North 34 deg. 43 stir. 07 spa tit 5246 feet to a point on the division line bttwetn the saki lauds of Loh FaltT Co. on the South and the lands now or formerly of Alpine Company of Poughkeepsie as described In Book 1457 0! thence NMAh 86 deb 02 min. 37 iter West along Wd dlvhkn lint St1.19 feet b Its point of intersection with the common dl•lslon line brt.rcert the last above described lands of Lds R mhy Co, on the Weet and the lands nor or lonneriy of loner and the lands now or foarAaly of OUyW as described In gook ItU of Deeds at Page 737 Doth on the Sout2,east i„d East; ttwxt LJ Mg Uld oOMMn dITWon Wye the fol nt four• (4) cummm 1) South 34 ft 43 min 07 sec West 83M feat to a point; 2J therm South Is .k& 53 min, 07 see. West I" feet to a POLh0 3) thence South 07 deg. 20 ruin 47 avec Wext 157Ai feet to a Point; AM 4) thatcs South 09 deg, 21 min. 37 sec west 27,18 fat to Its point of InteneWon with chq first birds above described Ncathiajy highway boundul of Old KOPewtll P-004- thence North 76 de& 15 m1n, 99 sec West along nid Nwtherly 1' ULE 2 •12.111/98 FRI 13:20 FAX 914 454 4857 CORBALLY, GARTLAND.. SCHEDULE 2 EXHIBIT "B" (continued) , � •• ��l' ?`.9 ��1 �1;�'YI'r'1•r.m. r.p�.- , -. ...•{�.rpn,n(;;1�Fr ixw}Sfi� ASSOCIAYE9, p,0, PMMETEit DESCMPrION ISJ17tACAFS OFL1NO PACE -5 deg, So min, 35 sec. Wert 54.84 feel to its luterreellon with the dlrblon line between the said lands Alplrte Company of Poughkeepsle on the Norlh snd the land& now or formerly of Loll Realty Co. as desalted In Book 1654 of Deedi At Page 268 on the South; thence North 56 deg. a2 m1n. 37 sec West along the abow last mentioned dlvlalon line 3%.78 fent to Its Inteructlon with the F"aterly boundary of U.S• Route 9 (SIL 5154); thence North 06 deg. 04 stir. 22 sec, Eul along the said above menlloncd Faslerly highway boundary 30410 feet to Its intern xuon with the division line between the above described )ands of Alpine Company of Poughkeepsie on the South and the lands now or formerly of L.eonzml as described In Book 1630 of Deeds at Page 206 on the Nort "- thence South 80 deg. 05 min. 43 sec East along the list above mentioned dlvlsion line 343.61 feel to its Interarcdon with the Common divitlon line bet%--." the said lands of Alpine Company of PougAkeepsle on the Northeast and said lands of Leonard and the lands now or formerly of Leroy as described In Book 1704 of T3ssdt at3'age 297 -both -on the-Sputhwrst; thence 1.1mg said Couunon dlvUlon line the following four (a) courses.. 1) North 26 deg. 44 min. 44 tee West 179.19 feet to a point: 2J thence North 26 deg. 12 mIn- 50 sec West 56,11 feet to a point; 3) th—ce North 27 deg. 02 min. 15 sec Wet 382-31 kct to a point; and 4) the North 26 deg, 22 min_ 35 sec Wait 6.87 felt to a point on the herelruibove described Easterly boundary of U.S. Route 9 (5-K 5154); thenew alortg the said Above mmilonQ4 Ilastrrly highway boundary the IoAowing four (4) courses: 1) North 01 deg. 29 min, 15 W- Hast 1725 flet to a point; 2) thenal North 07 deg. 58 min. 52 sec East 612.35 feet m a point: 3) Hutto& North 04 deg. 44 lain, 17 w- )last 350-09 feet to a point; and 4) aumce North 06 de& 57 min, 15 sec. Ea3t 695.()9 felt to the point or Platt of beginning and matalning 86.8171 aces of land. 12009 • `tL�ll�Jtf rel 1:f:z1 FAA 914 _454 4857 CORBALLY, GARTLAND � 011 EXHIBIT "B" (continued) Y .I • I :V,� NIV?'_tY�'��?.1'7- i. •'.• .. : jrr�t •:F'"-'1;7 �'.�(I►�°� Mltl ` hElUM6t'ER 11EsCJtli?10tV to it;2 ACAAS OF LAND PACE - I Idghway boundary 33.67 feet to the point of beglruting, AND TOCMIJER with a right -41 -way, granled to Theodora M. Behn and extended to ALKL Corp, as described In Doak, 12% of Deed, at Page 312, Bald right -f -way being more particuiuly bounded and described xs follows: BEGINNING at it polni at the Intersection of the C%,Mmon d(vtsion line between the lands hereln described on the East and Southeast and the lands now or formerly of Lob Realty Co. as described In gook 1654 of Deeds at PagB 2W tend lands now or formerly of Alpine Company of Poughkeepsie as described In gook 1953 of �t Deeds at Page 530 (former) ALKL Corp.y as destribad In Book 1900 0[ Deeds of Page 02) an the West and NorthKnt with the dlYislon'llne between t the lands herein described on the Southwest and the sald lands of Alpine Company of Poughkeepsie on tha'Northaut. and ruru thence front Bald Foist of beginning South 26 deg. 29 min- 09 9'ec East 6-g the abovv lut mentioned division line 15.98 feet to Its tnteraectlon with the dlvlslon Une between the lands herein described on the :4orthw"t and the lands now or formerly of 011vbrri as described In Book 1641 of Deeds at Paan 737 on tha Southeast; thtnce along tha abova last rmndoned dlvWon lino the following two (2) courses; 1) South 43 deg, 211 a►l L S1 sec West SS.02 feet to a point: and 1) thence South 27 deg. 12 min. 51 sec. West 29052 feet to Its Intersection With the dlvislon line betvmm the lands herdA describ.d on I'ae West and the land, noir or fotmerly of OUriei on elle Fast; theses South 08 de& M mia- 51 see West &testa the above let mentioned division Jim 15.00 Ret to its inbtrsnnlna trtih the dlvisiott line between the lands herein descrbed an the North and tb* lutds m.r or focnterly Of OUvlvi on the South; therxe Noah 71 deg- 56 baja 09 W West the abo• a lvr 4+ wendo"d d1vlan 161^ t.Lii r-" L,., ti.. t alvtig r I IH -,12/11/98 FRI 13:21 FA% 914 4.54 4857 CORBALLY, GARTLAND 01012 1 EXHIBIT "B" (continued) hUUAItitIt bkSCMPT16N Kit Pt ACAE.S of LAND � PACE •/ first mentloncd common division since; lhena along Uw said above first j mentloncd common division Una the foUowing flva (5) causes: 17) North' 0y l deg. 20 min. 47 sec. Rist 1359 Net to a point; 2) thence North 18 deg. 53 min- 07 sea Feast 188.39 feet to a point; 3) thence North 34 deg. 43 min. O7 sec Fiat 8350 feet to a point: 4) thence North 53 deg, 50 min. 3S sec Fist 54-84 feet to i polnl; and 5) thence North 40 deg. 10 min 51 sec. FAsl 49.22 feet to the point or place of �y beglt\ning, ' Ung a right-of-way of varied width grafted to Theodore lrf- Ben ind extended .j to ALYL Corp. as detc abed In Book 1290 of D"ds at Pale all CkLu-. NOT I.%-IIpox IN TYf M I • QiIIj.I VAt1►,At: }t\II l� III QC :":�. •, .. SCHEDULE 2 CONCEPTUAL IMPROVEMENT PLAN Alpine Commons John Collins Engineers, PC 11 Bradhurst Avenue Hawthorne, NY 10532 Dated April 30, 1998 w a°+ O1/25/95i. RGM COUNCILMAN RUGGIERO, first would like to say to Mr. Kellogg and members of the Alpine Team, he appreciates their point of view as business men wanting to come into the town and expanding the shopping center. They have done a fine job representing the Company's case to the town. His major problem with the project was taking residential property and rezoning it to commercial property. It opens a bad precedent to the Town of Wappinger for future developers in other areas of the Town, it can happen now. The second issue was to resolve the water problem in Indian Village. He had proposed getting the water to Indian Village from Alpine. Running a pipe is good, but you need a water source. It is not a sufficient water source today with this type to serve the residents of Indian Village. The town is currently undertaking a study that will cost between $12K to $15K, to develop the Atlas Aquifer in the north part of the town which would eventually supply water to Indian Village. Today that does not exist. By the time that Alpine gets their building permit is several years away, and currently the Town of Wappinger is working to get Phase 3A sewer on the go. That means the residents of the town will have to borrow the full amount of the improvement today. This year we go to Bond for sewers and the cost will be borne by the residents for twenty years. He feels that Mr. Kelloggs target market of 700,000 people will create a lot of traffic. To add more retail space on Route 9 corridor in the Southern Dutchess area is unwise. When he ran for the Board, he talked about diversifying our makeup in the Town of Wappinger. He has voted for rezone of the Laerdal building to bring in 200 new jobs. The jobs that will be created by Alpine will be part time and will be difficult to raise a family on those salaries. COUNCILMAN PAOLONI first wanted to thank all the residents who came to the meeting. He ran for this office with the intention of improving our town, but also to vote with the interest of people at heart. When this project approached the bench he had two questions, why are we building more gray infrastructure when there are those that we have left in our wake, and, the financial benefits. At this point he has seen neither materialize. If we have such a robust economy, then why aren't people rushing to fill these vacant stores. He cited the empty Walbaum's store and the Dutchess Mall, and the soon to be Caldor closing its doors. What seems to be missing here, is the fundamental appreciation for how taxes are arrived at. At this time we have a 62% for residential and 58% for commercial. With this rezone, and with the implementation of $10 million worth of gray infrastructure there will be a marginal shift in the tax proportion. It would be 61%. 3 01/25/99. RGM Revenues are just shifted from one place to another. In this case there would be $17,892.00 that would be shifted from the residential portion of the B and Highway Fund to the commercial side. On a $100K home the savings would be $2 per year per home. At this point he failed to see any tax benefits. SUPERVISOR SMITH explained that as we lose commercial assessment in this town due to tax certioraris, through school districts, if the Wappinger School District takes over the Pizzagalli, which would be a $2 million dollar loss on our assessment. East Fishkill has signed what is know as Pilot agreement with State and IBM. Your taxes from that Pilot agreement will go up in the school and the county, combined 7%. It will not affect your town tax. Fishkill is in the process of signing a Pilot agreement with the Dutchess Mall, which will affect school & county taxes. When we lose money through tax certioraris, or whatever, then we must look somewhere else, or raise taxes. I have been here ten years, and nine of those years with no increase in town taxes. Because I know the importance of keeping commercial assessment up there. Thereupon, the Supervisor called the question of the Local Law Amending the Zoning Law and Zoning Map in connection with the expansion of Alpine Commons, and the vote was as follows: ROLL CALL VOTE Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman VOTE Aye Aye Aye Nay Nay Motion Carried SUPERVISOR SMITH informed the Board that at this time 9:00 p.m. she would like to take a short intermission, because there are several items on agenda that she would like to take care of tonight, and moved to adjourn the remainder of this Meeting to February 1, 1999 at 7:30 p.m. Seconded by Mr. Valdati Motion Unanimously Carried The meeting reconvened at 9:10 p.m. with all board members present. SUPERVISOR SMITH announced that before we adjourn the meeting she would like to take care of Item No. 5, 6a, 6c and 9a of tonight's Agenda. The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption. Be it resolved, that the Audit Journal/Warrant dated January 21,1999 in the amount of $70,443.43 having been presented to the Town Board for their 4 F� 3J 01/25/901. RGM review and audit, be and the same is hereby approved for payment in the amount so stated. Seconded by Mr. Bettina Motion Unanimously Carried Nicholas DeLuccia, President of Andlyn Associates owns a four lot subdivision call Chelsea Bluff on River Road in Chelsea. There are fifteen additional acres which adjoin the Town Recreation Area in Chelsea. Ralph Holt, Recreation Chairman has shown some interest in adding this parcel to the park system. Andlyn Associates would like to donate this property to the town for future recreation purposes. If the town wishes to accept the property, please instruct this office on procedure. COUNCILMAN BETTINA moved to accept the fifteen acres which adjoin the Town Recreation Area on River Road that have been offered by Andlyn Associates, and authorize Attorney to the Town Al Roberts to prepare the necessary papers. Seconded by Mr. Valdati Motion Unanimously Carried Next is Mr. Versace regarding the building that is presently on the Oakwood Knolls property which was supposed to be dismantled. According to him, as of yet, it has not been dismantled. The building was appraised on June 19, 1997. The Town of Wappinger is presently using the building for storage that the residents of Sewer Improvement Area I are still paying for. He wishes to either have the building demolished or have the Town of Wappinger pay the residents for use of the building. Discussion followed. COUNCILMAN RUGGIERO move to authorize Engineer to the Town, Jay Paggi, sit down to talk to Mr. Versace first, regarding this matter and report back to the Board at the February 8th workshop with Mr. Versace in attendance. Seconded by Mr. Bettina Motion Unanimously Carried RESOLUTIONS Next is the Wappinger Sewer Transmission/Treatment Improvement Phase 3A. First is the adoption of the Negative Declaration. RESOLUTION Town of Wappinger Authorization of the WST/TIA Phase 3A Sewer Improvement ISSUANCE OF A NEGATIVE DECLARATION TYPE I ACTION - COORDINATED SEQR REVIEW The following Resolution was proposed by COUNCILMAN VALDATI, who moved its adoption, seconded by Councilman Ruggiero. WHEREAS, the proposed action includes: 5 01/25/91q. RGM • The installation of total of 21,700 linear feet (1f) of sewer transmission line and related appurtenances, consisting of 15,7001f within existing roadways and 6,000 if within existing or new easements; • The acquisition of 4.2 acres of sewer easements by the Town of Wappinger; • The action will allow for the abandonment of the existing ejector station along Bel Air Lane; • The installation of a pump station in the southeast portion of the Wappinger Association parcel at the northeast corner of Myers Corners Road and Route 9; • The formation by the Town of Wappinger of Sewer Improvement Area pursuant to Article 12-C of Town Law of the State of New York; • The signing of an Inter -Municipal Agreement between the TMSC and the Town of Wappinger; and WHEREAS, the Town Board has undergone a systematic review, evaluation, and public consideration of alternate project sizes, financial implications to the citizens, service area configurations, and input by other agencies; and has received and approved an Engineer's Map, Plan, and Report "Wappinger Sewer Transmission/Treatment Improvement Area, Phase 3A, Town of Wappinger", as prepared by Paggi, Martin, and DelBene, LLP, dated September 14, 1998, pertaining to the proposed 0.375 MGD expanded flow to the TMSC Waste Water Treatment Facility (WWTF); and WHEREAS, the proposed action is a Type I action pursuant to State Environmental Quality Review At 6 NYCRR 617 et seq. (SEAR); and WHEREAS, on February 14, 1994 the Town Board adopted a Resolution confirming its status as lead agency for the environmental review of the proposed Type I action; and WHEREAS, the Town Board previously conducted a SEQRA review of the creation of the overall Sewer Improvement Area, and for the Phase 1 and 2 expansions; the conclusions of which are contained in the materials comprising the 1988 Generic SEQRA process and FEIS (wherein a subsequent service are expansion to treat an additional 3 MGD of waste water flow from the Town of Wappinger had been generically analyzed and considered; and a site specific Phase 1 and 2 SEQRA process and FEIS were completed); and WHEREAS, the TMSC has previously completed companion SEQR reviews for its actions associated with the prior Town of Wappinger Phase 2 and 2 sewer projects; and Al 01/25/9y RGM s, WHEREAS, the above referenced SEQR processes and documents are to be considered a part of the environmental review for the proposed Phase 3A Sewer Improvement expansion action; and WHEREAS, the Phase 3A WWTF expansion represents the first portion of the 3 MGD WWTF expansion previously reviewed in the prior reference SEQR documents; and WHEREAS, the Town Board, after determining the size of the proposed Phase 3A expansion and following approval of the Engineer's Map, Plan, and Report "Wappinger Sewer Transmission/Treatment Improvement Area, Phase 3A, Town of Wappinger", prepared by Paggi and Martin and DelBene, LLP, dated September 14, 1998, circulated a Notice to all Involved Agencies dated December 14, 1998 informing them of the change in the project size and of the Town of Wappingers continuing role as lead agency to consider the project's environmental impacts; and WHEREAS, the Town Board, as lead agency, has considered the revised proposed action at various public meetings and Town Board meetings, hearing and receiving reports from its consultants, and has since reviewed and discussed the potential impacts associated with the project and the reduction in size of the proposed action; and WHEREAS, the Town Board, as lead agency, has considered the materials prepared pertaining to the environmental aspects of the proposed action, has considered the comments from its consultants, has directed its consultants to undertake various studies reflected in the EAF and to provide other documentation and information as considered necessary, and has considered and evaluated pertinent materials related to the change in scope of the proposed action; NOW THEREFORE BE IT RESOLVED, that the Town Board, as lead agency, hereby determines that the proposed action will not result in any significant adverse environmental adverse environmental impacts pursuant to SEQR 6 NYCRR Part 617, and further determines that an Environmental Impact Statement will not be required; and BE IT FURTHER RESOLVED, that the Town Board, as lead agency, relies on the reasons included in the attached Negative Declaration in making its Determination of Non -Significance; and BE IT FURTHER RESOLVED, that the Town Board, as lead agency, hereby issues the attached Negative Declaration and authorizes its circulation as required pursuant to SEQR 6 NYCRR Part 617, including publication in the Environmental Notice Bulletin; and 7 01/25/99 RGM BE IT FURTHER RESOLVED, that upon said adoption, as set forth above, the requirements of Article 8 of the Environmental Conservation Law and the regulations thereunder in Part 617 have been fulfilled. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Joseph Ruggiero, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby declared duly adopted. COUNCILMAN VALDATI moved to adopt the following PUBLIC INTEREST RESOLUTION and seconded by Mr. Bettina In the mater of a proposed Sewer Sewer Improvement in the Town of Wappinger, Dutchess County, NY, pursuant to Article 12-C of the Town Law to be known as Wappinger Sewer Transmission/ Treatment Improvement Area No. 3A. WHEREAS, a map, plan and report have duly prepared, including an estimate of cost, in such manner heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the construction of additions to the Tri -Municipal Treatment plant and construction of a pump station and generator as well as collector, transmission and force mains, including original furnishings, equipment, machinery, apparatus, appurtenances, land or rights -in -land and incidental improvements and expenses in connection therewith; and WHEREAS, said map, plan and report, including estimate of cost, have been prepared by Paggi, Martin & DelBene, LLP, a competent engineer duly licensed by the State of New York, and have been filed in the office of the Town Clerk where they are available for public inspection; and WHEREAS, the aforesaid improvements have been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not have any significant adverse effects upon the environment; and WHEREAS, the improvements proposed for said Wappinger Sewer Transmission/Treatment Improvement Area No. 3A as described above, are at a maximum estimated cost of $10,400,000; and 01/25/99. RGM WHEREAS, the area of the Town of Wappinger, Dutchess County, New York, to be benefited thereby shall be bounded and described as set forth in Appendix A annexed hereto and made a part hereof and as depicted in the aforesaid map; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne entirely by the real property benefited thereby by assessing, levying upon and collecting from the several lots and parcels of land within such benefited area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay principal and interest on any obligations issued pursuant to the Local Finance Law to finance the cost of the aforesaid improvements; and WHEREAS, said costs shall be authorized to be finance by the issuance by the Town of its serial bonds with a maximum maturity not in excess of the forty -year period prescribed by the Local Finance Law; and WHEREAS, the Town Board of the Town of Wappinger duly adopted an Order on November 23, 1998 calling a public hearing upon said map, plan and report, including estimate of cost, and the question of providing a sewer improvement know as Wappinger Sewer Transmission/Treatment Improvement Area No. 3A, such public hearing to be held on the 14th of December, 1998 at 7:00 o'clock p.m., Prevailing Time, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and WHEREAS, it is now desired to authorize the improvement to be known as Wappinger Transmission/Treatment Improvement Area No. 3A; NOW THEREFOR BE IT RESOLVED, by the town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Wappinger Sewer Transmission/Treatment Improvement Area No. 3A and to make the sewer improvement hereinafter described and such sewer improvement is hereby authorized. The proposed area hereby determined to be benefited by said Wappinger Sewer Transmission/Treatment Improvement Area No. 3A is as set forth in Appendix A annexed hereto and made a part hereof. 0 01/25/99 RGM Section 2. The proposes improvement shall consist of the construction of additions to the Tri -Municipal Treatment plant and construction of a pump station and generator as well as collector, transmission and force mains, including original furnishings, equipment, machinery, apparatus, appurtenances, land or rights -in -land and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $10,400,000. The method of financing of said cost shall be by the issuance of serial bonds of said Town of Wappinger, and/or bond anticipation notes issued in anticipation of said bonds, to mature in annual installments over a period not exceeding forty years and such bonds shall be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefited from said improvement and located in said benefited area, so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same. Section 3. It is hereby determined that the estimated expense of the aforesaid sewer improvement does exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages, and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the town Law, the permission of the State Comptroller is required for such improvement. Section 4. It is hereby further determined that all of the cost of the aforesaid improvement shall be borne wholly by property within Wappinger Sewer Transmission/Treatment Improvement Area No. 3A, with no cost thereof to be borne by the entire area of the town outside of any village. Section 5. Pursuant to subdivision 12(b) of Section 209-q of the Town Law, the town Clerk is hereby directed and ordered to file a certified copy of the resolution in the Office of the State Department of Audit and Control in Albany, New York, together with an application for the approval of the State Comptroller to the providing of the sewer improvement as described herein. It is hereby further determined that said application shall be executed and verified by the Supervisor and shall be completed in the form and contain such information as shall be prescribed by the State Comptroller, and shall be presented to the Town Board for approval prior to submission. Section 6. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within ten days of the date of receipt of notification of the approval of the State Comptroller, in the Office of the Clerk of the County of Dutchess, New York, which when so recorded, shall be 10 Appendix A Boundaries of Proposed Sewer Transmission/Treatment Improvement Area No. 3A Beginning at a point, said point being the northeasterly corner of lands now or formerly Lund, Liber 1926, page 309, said point also being on the southerly line of Creek Road and a point on the southerly line of the Village of Wappingers Falls; thence leaving said southerly road line and running southeasterly along the northerly line of lands of Lund and the southerly line of Lands of the Village of Wappingers Falls 225 ± feet to a point, said point being the southeasterly corner of lands of Lund the northeasterly corner of lands now or formerly Town of Wappinger Recreation Park, Liber 412, Page 012; thence continuing southeasterly along the northerly line of said Town of Wappinger Recreation Park and the southerly line of the Village of Wappingers Falls 1,100± feet to a point, said point being on the northerly line of the Town of Wappinger Recreation Park and the northwesterly corner of lands now or formerly Myers, Liber 625, Page 247; thence leaving said point and running along the northerly line of said Town of Wappinger Recreation Park and the southerly line of said lands of Myers 207 ± feet to a point, said point being the southwesterly corner of lands of Myers and the northwesterly corner of lands now or formerly VonBurg, Liber 1554, Page 704; thence running southeasterly along the northerly line of said VonBurg and the southerly line of said Myers 173.1 ± feet to a point, said point being the southeasterly corner of said lands of Myers and a point on the northerly line of said lands of Von Burg; thence continuing - along the northerly line of said Von Burg and the southerly line of said Village of Wappinger Falls in a southeasterly direction 205 ± feet to a 1 point; thence continuing along said northerly line of Von Burg and said southerly line of the Village of Wappingers Falls in a northeasterly direction 120± feet to a point, said point being the northeasterly corner of said lands of Von Burg and a point on the westerly line of U.S. Route 9D; thence leaving said westerly road line and running a northeasterly direction 70± feet to a point, said point being on the easterly line of said U.S. Route 9D and said point also being on the southerly line of said Village of Wappingers Falls and on the northerly line of lands now or formerly LeGuillou, Liber 914, Page 536; thence continuing in a northeasterly direction along the southerly line of said Village of Wappingers Falls and the northerly line of said LeGuillou 55 ± feet to a point; thence leaving said Village of Wappingers Falls and running southeasterly along the northerly line of said LeGuillou and the southerly line of Latino, Liber 1657, Page 489 160± feet to a point, said point being the southeasterly corner of said lands of Latino and the southwesterly corner of Adams Street; thence continuing along the southerly line of said Adams Street and the northerly line of said LeGuillou in a southeasterly direction 50± feet to a point, said point being the southwesterly corner of lands now or formerly Howe, Liber 1721, Page 578 and a point on the northerly line of said LeGuillou; thence continuing southeasterly along said southerly line of said Howe and the northerly line of said LeGuillou 101 ± feet to a point, said point being the southeasterly corner of said Howe and the southwesterly corner of lands now or formerly Lopez, Liber 1203, Page 684; thence continuing in a 4 southeasterly direction along the northerly line of said LeGuillou and the southerly line of said Lopez 101 ± feet to a point, said point being the southeasterly corner of said Lopez and the southwesterly corner of Ingalls Street; thence continuing southeasterly along the northerly line of said LeGuillou and the southerly line of said Ingalls Street 50± feet to a point, said point being the southeasterly corner of said Ingalls Street and the southwesterly corner of lands now or formerly Lopez, Liber 1372, Page 692; thence continuing southeasterly along the southerly line of said Lopez and the northerly line of said LeGuillou 30± feet to a point, said point being the northeasterly corner of said lands of LeGuillou and a point on the westerly line of lands now or.formerly Wappinger Central School; thence leaving said point and running in a southwesterly direction along the easterly line of said LeGuillou and the westerly line of said Wappinger Central School 130+ feet to a point, said point being the southeasterly corner of said lands of Lucato and the northwesterly corner of lands now or formerly Albertson, Liber 787, Page 024; thence continuing 130± feet to a point, said point being the southeasterly corner of said lands of Albertson and a point on the northerly line of lands now or formerly Barry, Liber 1671, Page 001; Thence running in a northwesterly direction along the southerly line of said Albertson and the northerly line of Barry 390± feet to a point, said point being the northeasterly corner of lands now or formerly Megna, Liber 1705, Page 452, said point also being the southwesterly corner of said lands of Albertson; thence running in a 3 southwesterly direction along the northerly line of said Barry and the easterly line of said Megna 106± feet to a point, said point being the southeasterly corner of said lands of Megna and a point in the northerly line of said Albertson; thence running a in northwesterly direction along the southerly line of said Megna and the northerly line of said Albertson 256± feet to a point, said point being the northwesterly corner of said Albertson, the southwesterly corner of said Megna and a point on the easterly line of U.S. Route 9D; thence leaving said point and running in a northwesterly direction across said U.S. Route 9D 70± feet to a point, said point being on the westerly line of said .U.S. Route 9D, the southerly easterly corner of lands now or formerly McKinney, Liber 1691, Page 432 and the northeasterly corner of lands now or formerly Martin, Liber 1597, Page 898; thence leaving said point and running northwesterly along the northerly line of said Martin and the southerly line of said McKinney 114 feet to a point, said point being the northwesterly corner of said lands of Martin and the southwesterly corner of said lands of McKinney, said point also being on the easterly line of other lands now or formerly Martin, Liber 1597, Page 902; thence running northeasterly along the easterly line of said other lands of Martin and the westerly line of said lands of McKinney, 191 ± feet to a point, said point being' the northeasterly corner of said other lands of Martin and a point on the easterly line of said Town of Wappinger Recreation; thence running northwesterly along the northerly line of said other lands of Martin and the easterly line of said lands of N Town of Wappinger Recreation 180± feet to a point, said point being on the northerly line of said other lands of Martin and the easterly line of said Town of Wappinger Recreation; thence running southwesterly along the westerly line of said other lands of Martin and the easterly line of said Town of Wappinger Recreation 750± feet to a point, said point being on the southerly line of said Town of Wappinger Recreation and the northerly line of lands now or formerly Reese, Liber 1233, Page 817; thence running along the northerly line of said Reese and the southerly line of said other lands of Martin in a southeasterly direction 170 ± feet to a point, said point being the southwesterly corner of said lands of Barry and the northwesterly corner of lands. now or formerly Randolph School, Liber 1197, Page 689; thence running in a southwesterly direction along the westerly line of said Randolph School and the easterly line of said Martin, Liber 1401, Page 714, 420± feet to a point, said point being the southwesterly corner of said Randolph School and a point on the easterly line of said Martin, Liber 1401, page 714; thence continuing along said easterly line of Martin, Liber 1401, Page 714 and the southerly line of said Randolph School in a southeasterly direction 470± feet to a point, said point being the southeasterly corner of said Randolph School and a point in the westerly line of U.S. Route 9D; thdnce leaving said westerly line of U.S. Route 9D and running in a northeasterly direction 140± feet to a point, said point being on the easterly line of U.S. Route 9D, the southwesterly corner of lands now or formerly Relyea, Liber 1718, 5 Page 343, and the northeasterly corner of File Map No. 9145, "Subdivision Plat for Margaret Capolino"; thence running southeasterly along the southerly line of said Relyea and the northerly line of said File Map No. 9145, 90± feet to a point, said point being the southeasterly corner of said lands of Relyea and the southwesterly corner of lands now or formerly Gardiner, Liber 1334, Page 953; thence running southeasterly along the northerly line of said File Map No. 9145 and the southerly line of said Gardiner 148 ± feet to a point, said point being the southeasterly corner of said Gardiner; thence continuing in a northeasterly direction along the easterly line of said Gardiner and the northerly line of said File Map No. 9145 84± feet to a point, said point being the northeasterly corner of said Gardiner and a point on the southerly line of Middlebush Road; thence running southeasterly along the northerly line of said File Map No. 9145 and the southerly line of said Middlebush Road 274± feet to a point, said point being on the northerly line of said File Map No. 9145 and the northwesterly corner of lands now or formerly Capolino; thence running southwesterly along the northerly line of said File Map No. 9145 and the westerly line of said Capolino 170± feet to a point, said point being the southwesterly corner of said Capolino and a point on the northerly line of said File Map No. 9145; thence running southeasterly along the northerly line of said File Map No. 9145 and the southerly line of said Capolino 1 1 5 ± feet to a point, said point being the northeasterly corner of said File Map No. 9145 and the southeasterly corner of said lands of Capolino; R$ thence running northeasterly along the easterly line of said Capolino and the westerly line of Town of Wappinger, Liber 1473, Page 470, 190 ± feet to a point, said point being the northwesterly corner of said Town of Wappinger and a point on the southerly line of Middlebush Road; thence running along the northerly line of said Town of Wappinger and the southerly side of Middlebush Road 685 ± feet to a point, said point being the northwesterly corner of lands now or formerly Bostwick, Liber 1710, Page 405 and a point on the southerly line of Middlebush Road; thence running southeasterly along the westerly line of said Bostwick and the easterly line of said Town of Wappinger 261 ± feet to a point, said point being the southwesterly corner of said lands of Bostwick and a point in the easterly line of said Town of Wappinger; thence running northeasterly along the easterly line of said Town of Wappinger and the southerly line of said lands of Bostwick, the southerly line of lands now or formerly Phillips, Liber 1635, Page 309 and the southerly line of lands now or formerly Guarino, Liber 829, Page 12, 320± feet to a point, said point being the southeasterly corner of said lands of Guarino and the southwesterly corner of lands now or formerly Haunch, Liber 1053, Page 334; thence running northwesterly along the easterly line of said Guarino, the westerly line of said Hausch and the westerly line of lends now or formerly Holden, Liber 647, Page 489 281 ± feet to a point, said point being the northwesterly corner of said lands of Holden, said point also being on the southerly line of Middlebush Road; thence running along the southerly line of Middlebush 7 Road and the northerly line of said Holden 145 ± feet to a point, said point being the northeasterly corner of said Holden and a point on the westerly line of Pleasant Lane; thence running northeasterly along the southerly line of Middlebush Road 50 ± feet to a point, said point being a point on the easterly line of Pleasant Lane and the northwest corner of lands now or formerly McDonough, Liber 1622, Page 348; thence running northeasterly along the southerly line of Middlebush Road, the northerly line of said McDonough and the northerly line of lands now or formerly Von Bergen, Liber 1036, Page 550 380± feet to a point, said point being the northeasterly corner of said VonBergen and a point on the easterly line of Cameli Drive; thence run ning.southeasterly 80± feet to a point, said point being on the easterly line of Cam eli Drive, the northwesterly corner of now or formerly Gauzza, Liber 1518, Page 494, and the southwesterly corner of said lands now or formerly Pascarella, Liber 1469, Page 183; thence running northeasterly along the southerly line of said lands of Pascarella, the northerly line of said lands of Gauzza and the southerly line of lands now or formerly LaSusa, Liber 1840, Page 029, 365 ± feet to a point, said point being the northeasterly corner of said lands of Gauzza and a point on the westerly line of lands now or formerly Lamando, Liber 1328, Page 689; thence running southeasterly alohg the easterly line of said lands of Guazza and the westerly line of said lands of Lamando 704± feet to a point, said point being the southwest corner of said lands of Lamando and the southeast corner of said lands of Gauzza; thence running southwesterly along the southerly line of said lands of Gauzza, the southerly line of lands now or formerly Ferraro, Liber 1475, Page 578, the northerly line of lands now or formerly Engleman, Liber 1751, page 338, the westerly line of lands now or formerly Djinghirian, Liber 1598, Page 803 and the westerly line of lands now or formerly Central Hudson Gas & Electric, Liber 944, Page 581, 720 ± feet to a point, said point being the southwest corner of said lands of Central Hudson Gas & Electric and the northwest corner of lands now or formerly Sammartino, Liber 768, Page 165; thence running northeasterly along the southerly line of said Central Hudson Gas & Electric, the northerly line of said Sammartino and the northerly line of lands now or formerly Newhall, Liber 1280, Page 605, 780± feet to a point, said point being on the northerly line of said lands of Newhall and the southerly line of said lands of Central Hudson Gas & Electric; thence running northwesterly through said lands of Central Hudson Gas & Electric and along the westerly line of lands now or formerly O'Dell, Liber 1223, Page 212, 240± feet to a point, said point being the northwesterly corner of said lands of O'Dell and a point on the easterly. line of said lands of Djindjirian; thence running northeasterly along the northerly line of said lands of O'Dell and the southerly line of said lands of Djirdjirian 290± feet to a point, said point being the northdvesterly corner of said lands of O'Dell and a point on the westerly side of Old Post Road; thence running northeasterly across Old Post Road 50::L- feet to a point, said point being on the easterly line of Old Post Road and a point on the westerly line of W] lands now or formerly Strang, Liber 1775, Page 674; thence running northeasterly along the easterly line of Old Post Road, the westerly line of said lands of Strang and the westerly line of lands now or formerly Provenzano, Liber 1307, Page 452, 660± feet to a point, said point being the intersection of the easterly line of Old Post Road and the westerly line of Old Route 9; thence running northeasterly across Old Route 9, 60± feet to a point, said point being on the easterly line of Old Route 9 and a point on the westerly line of lands now or formerly Hartmann, Liber 1578, Page 175; thence running southeasterly along the easterly line of Old Route 9 and the westerly line of said lands of Hartmann 25 ± feet to a point, said point being the southwesterly corner of said lands of Hartmann and the northwesterly corner of lands now or formerly Weiner, Liber 1714, page 757; thence running northeasterly along the southerly line of said lands of Hartmann and the northerly line of said lands of Weiner 425 ± feet to a point, said point being the northeast corner of said lands of Weiner and a point on the westerly line of U.S. Route 9; thence running southwesterly along the westerly line of U.S. Route 9, the easterly line of said lands of Weiner, the easterly line of lands now or formerly Swope, Liber 1062, Page 177 and the easterly line of Salvati, Liber 1712, Page 303, 735 ± feet to a point, said point being on the westerly line of U.S. Route 9 and the southeasterly corner of said lands of Salvati; thence running southeasterly across U.S. Route 9 190± feet to a point, said point being on the easterly line of U.S. Route 9 and being a point in the westerly line 10 of lands now or formerly Wappingers Falls Properties, Liber 1648, Page 221; thence running northwesterly along the easterly line of U.S. Route 9 and the westerly line of said Wappingers Falls Properties 905 ± feet to a point, said point being the northwest corner of said Wappingers Falls Properties and the southwest corner of lands now or formerly Santandra, Liber 1234, Page 408; thence running northeasterly along the southerly line of said lands of Santandra and the northerly line of said Wappinger Falls Properties, 137± feet to a point, said point being the southeast corner of said lands of Santandra and the southeast corner of lands now or formerly Hudson Valley Development Corporation, Liber 1296, page 358; thence running northeasterly along the easterly line of said lands of Hudson Valley Development Corporation and the westerly line of lands now or formerly Niessen, Liber 1014, Page 351, 260± feet to a point , said point being the northeasterly corner of said lands of Hudson Valley Development Corporation, northwesterly corner of said lands of Niessen, and a point on the southerly line of Myers Corners Road; thence running northeasterly crossing said Myers Corners Road, 150 ± feet to a point, said point being the southeast corner of lands now or formerly Mobil Oil Corporation, Liber 1231, Page 466, southeast corner of lands now or formerly Wappinger Falls Plaza Associates, Liber 1613, page 001, and a point on the northerly line of Myers Corners Road; thence running northwesterly along the easterly line of said Mobil Oil Corporation and the westerly line of said Wappingers Falls Plaza Corporation, 175 ± 'feet to a point, said point being 11 the northeast corner of said lands of Mobil Oil Corporation and a point on the westerly line of said lands of Wappingers Falls Plaza Corporation; thence running southwesterly along the northerly line of Mobil Oil Corporation and the westerly line of said lands of Wappinger Falls Corporation, 215 ± feet to a point, said point being the northwesterly corner of said lands of Mobil Oil Corp. and a point on the easterly line of U.S. Route 9; thence running northwesterly along the easterly line of U.S. Route 9, the westerly line of said Wappingers Falls Plaza Corp. and the westerly line of lands now or formerly Greer, Liber 1 671 , Page 523, 840 -+ feet to a point, said point being the northwesterly corner of said lands of Greer and being a point on the southerly line of Village of Wappingers Falls; thence running southeasterly along the southerly line of Village of Wappinger Falls, the northerly line of said lands of Greer and the northerly line of lands now of formerly Greer, Liber 1744, Page 169, 640 ± feet to a point, said point being the northeasterly corner of said lands of Greer, Liber 1744, Page 169; thence running southeasterly along the easterly line of said lands of Greer, Liber 1744,Page 169, the easterly line of said lands of Mppinger Falls Plaza Association, and the Village of Wappingers Falls, 1,080± feet to a point, said point being the southeast corner of said Wappingers Falls Plaza Associates, and a point on the northerly line of Myers Corners Road; thence running southeasterly crossing Myers Corners Road 65 ± feet to a point, said point being on the southerly line of Myers Corners Road and a point in the northerly line of said lands of Niessen; 12 thence running northeasterly along the southerly line of Myers Corners Road, the northerly line of said lands of Niessen, and the northerly line of lands now or formerly Lewis, Liber 1014, Page 341, 825 ± feet to a point, said point being the northeast corner of said lands of Lewis and a point on the westerly line of Losee Road; thence running northeasterly crossing said Losee Road, 65 ± feet to a point, said point being on the easterly line of Losee Road and being the northwesterly corner of lands now or formerly Oracz, Liber 1477, Page 025; thence running northeasterly along the southerly line of Myers Corners Road; the northerly line of said Oracz and the northerly line of Rybacki, Liber 1708, Page 704, 200 ± feet to a point, said point being the northeasterly corner of said lands of Rybacki and the northwesterly corner of lands now or formerly Crane, Liber 1741, Page 068; thence running southeasterly along the easterly line of said lands of Rybacki and the westerly line of said lands of Crane 96 ± feet to a point, said point being the southwesterly corner of said lands of Crane and the northwesterly corner of lands now or formerly Costa, Liber 1776, Page 801; thence running northeasterly along the southerly line of said lands of Crane and the northerly line of said lands of Costa 200 ± feet to a point, said point being the southeasterly corner of said lands of Crane and a point on the westerly line of Alda Drive; thence running northeasterly 50 ± feet to a point, said point being on the easterly line of said Alda Drive, the southwesterly corner of lands now or formerly Seckow, Liber 1401, Page 582, and the northwesterly corner of land now or formerly Ziuica, Liber 13 1613, Page 626; thence running northeasterly along the southerly line of said lands of Seckow and the northerly line of said lands of Zivica 160 f feet to a point, said point being the southeasterly corner of said lands of Seckow and a point on the westerly line of lands now or formerly Nicholas, Liber 1730, Page 875; thence running northwesterly along the easterly line of said lands of Seckow and the westerly line of said lands of Nicholas, 164± feet to a point, said point being the northwesterly corner of said lands of Nicholas and a point on the southerly line of Myers Corners Road; thence running northeasterly along the southerly line of Myers Corners Road and the northerly line of said lands of Nicholas, 268 ± feet to a point, said point being on the southerly line of Myers Corners Road and the northeasterly corner of said lands of Nicholas; thence running southeasterly along the easterly line of said lands of Nicholas, the easterly line of lands now or formerly Koserger, Liber 1520, Page 724 and along the easterly line of File Map No. 3326 "Spook Hollow" 1220 ± feet to a point, said point being the southeasterly corner of said File Map No. 3326 and a point on the northerly line of File Map No. 4700 "Pondview Subdivision Plat"; thence running southwesterly along the southerly line of said File Map No. 4700, 720± feet to a point, said point being on the southerly line of said File Map No. 3326 and the northwesterly corner of said File Map 4700; thence running southeasterly along the westerly line of said File Map No. 4700 and the easterly line of said File Map No. 3326, the easterly line of lands now or formerly Engley, Liber 1437, Page 536 and the easterly line 14 of lands now or formerly Pine Grove Hollow„ Liber 1714, Page 045, 1130± feet to a point, said point being on the easterly line of said Pine Grove Hollow and a point on the westerly line of said File Map No. 4700; thence running northeasterly along the easterly line of said lands of Pine Grove Hollow and the westerly line of said File Map No. 4700, 100± feet to a point, said point being on the easterly line of said Pine Grove Hollow and the westerly line of said File Map No. 4700; thence running southeasterly along the westerly line of said File Map No. 4700, the easterly line of said Pine Grove Hollow, the easterly line of lands now or formerly E.D.I.B., Liber 1813, Page 201 and the easterly line of Mathews, no Liber or page, 1080± feet to a point, said point being the southeasterly corner of said lands of Mathew and a point on the northerly line of lands now or formerly DiPietro, Liber 1519, page 088; thence running southwesterly along the northerly line of said DiPietro and the southerly line of said lands of Mathews 980± feet to a point, said point being the southwesterly corner of said lands of Mathews and a point on the easterly line of Losee Road; thence running southeasterly along the easterly line of Losee Road and the westerly line of said lands of DiPietro 400 ± feet to a point, said point being the southwesterly corner of said lands of DiPietro and a point on the northerly line of Old Hopewell Road; thence running southeasterly crossing Old Hopewell Road 60± feet to a point, said point being on the southerly line of Old Hopewell Road and the northeasterly corner of Whitegate Condominium; thence running southeasterly along the 15 easterly line of White Gate Condominium, 510± feet to a point, said point being on the westerly line of MacFarlane Road and the southeasterly corner of said Whitegate Condominiums; thence running southwesterly along the southerly line of Whitegate Condominiums, 270± feet to a point, said point being on the northerly line of MacFarlane Road; thence running southerly crossing said MacFarlane Road, 50 ± feet to a point, said point being the northeasterly corner of Gate White Associates; thence running southeasterly along the easterly of Gate White Associates and the westerly line of lands now or formerly Winklharrer, Liber 1526, Page 080, 520± feet to a point, said point being the southwesterly corner of said lands of Winklharrer and a point on the easterly line of Gate White Associates; thence running northeasterly along the southerly line of said lands of Winklharrer 140 ± feet to a point, said point being the northeasterly corner of File Map No. 8389, "Lookout Point Subdivision"; thence running southwesterly along the easterly line of Gate White Associates and the westerly line of said File Map No. 8389, 1120± feet to a point, said point being on the easterly line of said Gate White Associates and on the westerly line of said File Map 8389; thence running southeasterly along the westerly line of said File Map No. 8389, 600± feet to a point, said point being the southwesterly corner of said File Map No. 8389 and the southeasterly corner of said lands of Gate White Associates; thence running southwesterly along the southerly line of said Gate White Associates, the northerly line of lands now or formerly Barrington, Liber 16 1613, Page 266 and along the northerly line of lands now or formerly Lafko, Liber 1388, Page 947, 610± feet to a point, said point being the southwesterly corner of Gate White Associates and the easterly line of lands now or formerly Williams, Liber 1663, Page 159, the easterly line of lands now or formerly Cohen, Liber 1250, Page 043, the easterly line of lands now or formerly Rose, Liber 1776, Page 466, and the easterly line of File Map No. 8689 "Sokol Subdivision", 1,650 ± feet to a point, said point being on the westerly line of said Gate White Associates and also being the southeast corner of lands now or formerly Cutrone, Liber 1509, Page 137; thence running northwesterly along the easterly line of said File Map No. 8689, the easterly line of said lands of Cutrone and the westerly line of said lands of Gate White Associates 590± feet to a point, said point being the northwesterly corner of said lands of Gate White Associates and a point on the southerly line of MacFarlane Road; thence running northwesterly crossing MacFarlane Road, 60 ± feet to a point,_ said point being on the northerly line of said MacFarlane Road and a point in the southerly line of lands now or formerly Defazio, Liber 1626, Page 872; thence running southeasterly along the northerly line of said MacFarlane Road and the southerly line of said DeFazio 110 -±- feet to a point, said point being the southeasterly corner of said lands of Defazio and the southwesterly corner of said lands of Whitegate Condominiums; thence running northeasterly along said lands of Whitegate Condominiums and the easterly line of lands now or formerly Deednaniya, Liber 1 641 , Page 587, 17 570 ± feet to a point, said point being on the southerly line of said Whitegate Condominiums and the northeasterly corner of said lands of Deednaniya; thence running northwesterly along the northerly line of said Deednaniya and the southerly line of said White Gate Condominiums 520± feet to a point, said point being in the southerly line of said Whitegate Condominiums and the northwesterly corner of said lands of Deednaniya; thence running southwesterly along the westerly line of said Deednaniya, the southerly line of said Whitegate Condominiums, and the westerly line of said DeFazio 270± feet to a point, said point being on the westerly line of said White Gate Condominiums and the southeasterly corner of lands now or formerly Barka, Liber 1540, Page 792; thence running northwesterly along the easterly line of said lands of Barka and the westerly line of said Whitegate Condominiums, 720± feet to a pint, said point being the northeast corner of said lands of Barka and to a point on the southwesterly line of Old Hopewell Road; thence running northwesterly along the southerly line of Old Hopewell Road, along the northerly line of said lands of Barka, the northerly line of lands now or formerly Reilly, Liber 1544, Page 526, the northerly line of lands now or formerly King, Liber 1009, page 532, the northerly line of lands now or formerly Battaglia, Liber 1376, Page 878, the northerly line of lands now or formerly Farley, Liber 872, Page 322, the northerly line of File Map No. 8502, "Lands of Rogers", and the northerly line Drovin, Liber 1822, Page 111, 1140± feet to a point, said point being the northwesterly corner of said lands of Drovin 18 and also being on the southerly line of Old Hopewell Road; thence running northwesterly crossing said Old Hopewell Road 230± feet to a point, said point being on the northerly line of Old Hopewell Road, said point also being the southeasterly corner of File Map no. 4955, "Subdivision Plat of Klein & Alexander"; thence running northeasterly along the easterly line of said File Map No. 4955 and the westerly line of lands now or formerly Olivieri, Liber 1644, Page 737, 660 ± feet to a point, said point being the northeasterly corner of said File Map No. 4955 and a point on the southerly line of File Map No. 6820, "Subdivision Plat of Parcel B of Klein & Alexander"; thence running northwesterly along the easterly line of said File Map No. 4955 and the southerly line of File Map no. 6820, 380± feet to a point, said point being the northwest corner of said File Map No. 4955 and a point on the easterly line of U.S. Route 9; thence running northeasterly along the easterly line of said U.S. Route 9, the westerly line of said File Map No. 6820, the westerly line of lands now or formerly BGHKR Realty, Inc. Liber 1838, Page 119, the westerly line of lands now or formerly Leroy, Liber 1704, Page 297, and the westerly line of said lands of Wappingers Falls Properties, 1,150 ± feet to a point, said point being on the easterly line of said U.S. Route 9 and on the westerly line of said lands of Wappinger Falls Properties; thence running northwesterly crossing said U.S. Route 9, 200± feet to a point, said point being in the westerly line of said U.S. Route 9, said point also being in the easterly line of lands now or formerly Elgen Associates, Inc., Liber 1773, Page 072; 19 thence running southeasterly along the westerly line of said U.S. Route 9, the easterly line of said lands of Elgen Associates, Inc., the easterly line of LeRoy, Liber 1661, Page 506, the easterly line of lands now or formerly Leonard, Liber 1630, Page 206, the easterly line of lands now or formerly Duhamel, Liber 1625, Page 689, the easterly line of lands now or formerly Hartmann, Liber 1679, Page 333, and the easterly line of lands now or formerly Greer, Liber 1838, Page 677, 1710± feet to a point, said point being at the intersection of the westerly line of U.S. Route 9 and the easterly line of Old Route 9; thence running northwesterly along the easterly line of said Old Route 9 and the westerly line of said lands of Greer, 620± feet to a point, said point being on the easterly line of said Old U.S. Route 9 and a point on the westerly line of said lands of Greer; thence running northwesterly crossing said Old U.S. Route 9, 50± feet to a point, said point being on the westerly line of Old U.S. Route 9 and the southeast corner of File Map No. 7606, "Subdivision of Property of Thomas W. Weiner"; thence running northwesterly along the southerly line of said File Map No. 7606 and the northerly line of Curry Road 1 50± feet to a point, said point being at the corner of Lot No. 2 and Lot No. 3 of said File Map No. 7606 and a point on the northerly line of Curry Road; thence running northeasterly along said Lot �o. 2 and Lot No. 3 of File Map No. 7606, 200± feet to a point, said point being the northeasterly corner of said Lot No. 3 of File Map No. 7606; thence running northwesterly along the northerly line of said Lot No. 3 of File Map No. 7606, 200 ± feet to a 20 point, said point being the northwesterly corner of said Lot No. 3, File Map No. 7606 and a point on the easterly line of lands now or formerly Sammartino, no Liber or Page; thence running northeasterly along the easterly line of said Sammartino and the westerly line of said Lot No. 2, File Map No. 7606, 70± feet to a point, said point being the northeasterly corner of said lands of Sammartino and the southeasterly corner of lands now or formerly Sammartino, Liber 768, page 165; thence running along the southerly line of said lands of Sammartino, Liber 768, Page 165, 770 ± feet to a point, said point being the northwesterly corner of lands of said Sammartino, no Liber or Page, and a point on the southerly line of said lands of Sammartino, Liber 768, Page 165; thence running southeasterly along said westerly line Sammartino, no Liber or Page, 20± feet to a point, said point being on the southerly line of said Sammartino, Liber 768, Page 165; thence southwesterly along the northerly line of said Sammartino, no Liber or Page, 60± feet to a point, said point being the northwesterly corner of said lands of Sammartino, no Liber or Page; thence running southwesterly along the westerly line of said Sammartino, no Liber or Page, and the easterly line of Sammartino, Liber 768, Page 165, 270 ± feet to a point, said point being the southwesterly corner of said Sammartino, no Liber or Page, and a point in the northerly line of lands now or formerly Gilligan, Liber 1834, Page 65; thence running northeasterly along the southerly line of said Sammartino and the northerly line of said lands of Gilligan, 60± feet to a point, said point being the 21 northwesterly corner of Curry Road and the northeasterly corner of said lands of Gilligan; thence running southeasterly along the westerly line of said Curry Road and the easterly line of said lands of Gilligan, 50± feet to a point, said point being the southwesterly corner of Curry Road and the northwesterly corner of lands now or formerly Cassidy, Liber 993, Page 124; thence southeasterly along the easterly line of said lands of Gilligan and the westerly line of said lands of Cassidy 140± feet to a point, said point being the southwest corner of said lands of Cassidy and the northwesterly corner of lands now or formerly Deppe, Liber 931, Page 382; thence running northeasterly along the northerly line of said Deppe, the southerly line of said lands of Cassidy, the southerly line of lands now or formerly Gigler, Liber 1471, page 370, and the southerly line of lands now or formerly Guido, Liber 856, Page 208, 430±feet to a point, said point being the northeast corner of said lands of Deppe and the northwesterly corner of lands now or formerly Caccaro, no Liber or Page; thence running southwesterly along the westerly line of said lands of Caccaro and the easterly line of said lands of Deppe, 520± feet to a point, said point being the southwesterly corner of said lands of Caccaro and a point on the northerly line of Old Hopewell Road; thence running northeasterly along the northerly line of Old Hopewell Road, the southerly line of said lands of Caccaro and the southerly line of lands now or formerly Rodriguez, Liber 1610, Page 567, 770± feet to a point, said point being on the westerly line of U.S. Route 9, a point on the northerly 22 line of Old Hopewell Road; thence running southeasterly crossing Old Hopewell Road, 100± feet to a point, said point being on the westerly line of U.S. Route 9 and the northeasterly corner of lands now or formerly Sofadr, Liber 1377, Page558; thence running southeasterly along the westerly line of U.S. Route 9, the easterly line of File Map No. 3674, "Subdivision Map of Diane Benedetto", and the easterly line of lands now or formerly Sofadr, Liber 1377, Page 558, 1,330± feet to a point, said point being on the westerly line of U.S. Route 9 and the southeasterly corner of lands of said Sofadr; thence running southwesterly along the southerly line of said lands of Sofadr and the northerly line of File Map No. 7776, "Subdivision Map for Santandra and Verrilli", 263 ± feet to a point, said point being the southwesterly corner of said lands of Sofadr and a point on the northerly line of said File Map No. 7776; thence running northwesterly along the westerly line of said lands of Sofadr, the northerly line of said File Map No. 7776, the easterly line of lands now or formerly Zottola, Liber 1621, page 625, and the westerly line of File Map no. 2872, "Indian Ridge", 740± feet to a point , said point being the northwesterly corner of said lands of Zottola and a point on the southerly line of said File Map No. 2872; thence running southwesterly along the southerly line of said File Map No. 2872 and the northerly line of said lands of Zottola, 970± feet to a point, said point being on the northerly line of said lands of Zottola and the southwesterly corner of File Map No. 2872; thence running northwesterly along the westerly line of said File Map No. 2872 and the 23 easterly line of lands now or formerly Rymer, Liber 1714, Page 438, 560± feet to a point, said point being a point on the easterly line of said lands of Rymer and the southwesterly corner of lands now or formerly Ash, Liber 1348, Page 794; thence running northeasterly along the southerly line of said lands of Ash, 150 ± feet to a point, said point being the southeasterly corner of said lands of Ash; thence running northwesterly along the easterly line of said lands of Ash and the westerly line of said File Map No. 2872, 410± feet to a point, said point being the southwesterly corner of File Map No. 4889, "Subdivision Plat for H & B Kowalsky", said point also being on the easterly line of said lands of Ash; thence running northwesterly along said File .Map No. 4889 and the easterly line of said Ash 570± feet to a point, said point being the northwesterly corner of said File Map No. 4889 and a point on the southerly line of Old Hopewell Road; thence running northwesterly crossing said Old Hopewell Road, 60± feet to a point, said point being in the northwesterly line of said Old Hopewell Road, said point also being in the southerly line of lands now or formerly The Wappinger Bible Fellowship Church, Liber 1819, Page 774; thence running southwesterly along the northerly line of said Old Hopewell Road, the southerly line of said lands of the Wappinger Bible Fellowship Church, the southerly line of lands novv or formerly Sammartino, Liber 768, Page 165, the southerly line of Lands now or formerly Liberman, no Liber or Page, and the southerly line of File Map No. 9145, "Subdivision Plat for Margaret Capolino", 1,780 ± feet to a point, said point being the 24 southwesterly corner of said File Map No. 9145 and the southeasterly corner of lands now or formerly Scott, Liber 1252, Page 358; thence running northeasterly along the westerly line of said File Map No. 9145 and the easterly line of said lands of Scott, 300 ± feet to a point, said point being the northeasterly corner of said lands of Scott and a point on the westerly line of said File Map No. 9145; thence running northwesterly along the northerly line of said lands of Scott and the westerly line of said File Map No. 9145, thence running northwesterly along the northerly line of said lands of Scott and the westerly line of said File Map No. 9145, 320 ± feet to a point, said point being the northwesterly corner of lands nova, or formerly Caputo, Liber 1791, Page 403 and a point on the easterly line of File Map 7361, "Subdivision of Lands of William LeRoy"; thence running northeasterly along the westerly line of said File Map No. 9145, the easterly line of said File Map No. 7361 and the easterly line of lands now or formerly Souza Liber 1612, page 521, 680 ± feet to a point, said point being the northeasterly corner of said lands of Souza and a point on the westerly line of said File Map No. 9145; thence running northwesterly along the northerly line of said lands of Souza, the northerly line of lands now or formerly Atkins, Liber 599, Page 595 and the westerly line of said File Map No. 9145, 450± feet to a point, said point being the northwesterly corner of said lands of Atkins and a point being on the easterly line of U.S. Route 9D; thence running northwesterly crossing said U.S. Route 9D, 80± feet to a point, said point being on the westerly line 25 of said U.S. Route 9D and also being the southeasterly corner of lands now or formerly Allen, Liber 1087, Page 640; thence running northwesterly along the southerly line of said lands of Allen, the southerly line of lands now or formerly Reese, Liber 1233, Page 817, the northerly line of lands now or formerly Reese, Liber 1213, Page 233, the northerly line of lands now or formerly Reese, Liber 507, Page 155 and the northerly line of lands now or formerly Hait, Liber 796, Page 416, 2,305 ± feet to a point, said point being the southerly line of said lands of Reese, Liber 1233, Page 817, and the northwesterly corner of said lands of Hait; thence running northeasterly along the southerly line of said lands of Reese, Liber 1233, Page 817, and the easterly line of lands now or formerly Rey, Liber 978, Page 401, 85 ± feet to a point, said point being the northeasterly corner of said lands of Rey and a point on the southerly line of said lands of Reese, Liber 1233. Page 817; thence running northwesterly along the southerly line of said lands of Reese and the northerly line of said lands of Rey, 200-h feet to a point, said point being the northwesterly corner of said lands of Rey and a point on the southerly line of said lands of Reese, Liber 1233, Page 817; thence running southwesterly along the westerly line of said lands of Rey and the southerly line of said lands of Reese, Liber 1233, Page 817, 85 ± feet to a point, said point being a point in the westerly line of said lands of Rey and a point in the southerly line of said lands of Reese, Liber 1233, page 817; thence running northwesterly along the southerly line of said Reese, Liber 1233, Page 817, the northerly line of Connor 26 Road, the northerly line of lands now or formerly Kless, Liber 1531, Page 170, and the northerly line of lands now or formerly Hamilton, Liber 1377, page 936, 360± feet to a point, said point being the northeasterly corner of said lands .of Hamilton and a point on the easterly line of Creek Road; thence running northeasterly along the easterly line of said Creek Road and the westerly line of said lands of Reese, Liber 1233, Page 817, 580 ± feet to a point, said point being the southwesterly corner of lands now or formerly Reese, Liber 1252, page 540, and a point on the westerly line of said lands of Reese, Liber 1233, Page 817; thence running southeasterly along the northerly line of said lands of Reese, Liber 1233, Page 817 and the southerly line of said lands of Reese, Liber 1252, Page 540, 300± feet to a point, said point being the southeasterly corner of said lands of Reese, Liber 1252, page 540, and a point on the northerly line of said lands of Reese, Liber 1233, Page 817; thence running northeasterly along the easterly line of said lands of Reese, Liber 1252, page 540 and *the northerly line of said lands of Reese, Liber 1233, Page 817, 100 ± feet to a point, said point being the northeasterly corner of said lands of Reese, Liber 1252, Page 540 and a point in the southerly line of lands now or formerly Town of Wappinger Recreation Park, Liber 412, Page 012; thence running northwesterly along the northeYly line of said lands of Reese, 27 Liber 1252, Page 540, and the southerly line of said lands of Town of Wappinger Recreation park 325 ± feet to a point, said point being the southwesterly corner of said lands of Town of Wappinger Recreation Park and a point in the easterly line of said Creek Road; thence running northeasterly along the easterly line of said Creek Road, the westerly line of said Town of Wappinger Recreation Park, and the westerly line of lands now or formerly Lund, Liber 1926, Page309, 910 ± feet to the point or place of beginning. Together with all that certain.land situated in the Town of Wappinger, Dutchess County, State of New York, bounded and described as follows: Beginning at a point, said point on the easterly line of All Angles Hill Road, said point also being the southwest corner of Lot No. 1, File Map No. 4956, "Rolling Hills" and the northeast corner of lands now or formerly MIDA Development, Liber 1698, Page 043; thence running northeasterly along the northerly line of said lands of MIDA Development and the We southerly line of Lot Nos. 1, 2, 3 and 4 of said File Map No. 4956, 618 ± feet to a point, said point being the northeasterly corner of Lot No. 4 of said File Map no. 4956 and a point on the northerly line of said lands of MIDA Development; thence running northwesterly along the northerly line of said Lot No. 4, File Map No. 4956 and the northerly line of said lands of MIDA Development 325 ± feet to a point, said point being the northwest corner of said Lot No. 4, File Map No. 4956, and a point on the southerly line of Pye Lane; thence running northeasterly along the southerly line of said Pye Lane and the northerly line of said lands of MIDA Development 60± feet to a point, said point being the southwesterly corner of said Lot No. 5, File Map No. 4956, and a point on the southerly line of said Pye Lane; thence running southwesterly along the northerly line of said lands of MIDA Development and the southerly line of said Lot No. 5, File Map No. 4956, 325 ± feet to a point, said point being in the northerly line of said lands of MIDA Development and the southeasterly corner of said Lot No. 5, File Map No. 4956; thence running northeasterly along the northerly line of said lands of MIDA Development and the southerly line of Lot Nos. 5, 6, and 7 of File Map No. 4956, 347± feet to a point, said point being the northeasterly corner of said Lot No. 7, File Map No. 4956 and a point on the northerly line of said MIDA Development; thence running northwesterly along the northerly line of said Lot No. 7, File Map No. 4956 and the northerly line of said lands of MIDA Development, 352± feet to a point, said point being the northwesterly corner of said Lot No. 7, File Map No. 29 4956 and a point on the southerly line of said Pye Lane; thence running northeasterly along the southerly line of said Pye Lane and the northerly line of said lands of MIDA Development 375 ± feet to a point, said point being the southwesterly corner of Lot No. 80, File Map No. 4956 and the northeasterly corner of said lands of MIDA Development; thence running southeasterly along the southerly line of said Lot No. 80, File Map No. 4956 and the easterly line of said lands of MIDA Development, 167± feet to a point, said point being the southeasterly corner of said Lot No. 80, File Map No. 4956 and a point on the easterly line of said lands of MIDA Development; thence running northeasterly along the easterly line of said Lot No. 80, File Map No. 4956 and the easterly line of said lands of MIDA Development 105 ± feet to a point, said point being the northeasterly corner of said Lot No. 80, File Map No. 4956 and the southwesterly corner of Lot No. 83, File Map No. 4956; thence running southeasterly along the easterly line of said lands of MIDA Development and the westerly lines of Lots No. 83, 84, 85, 86, 87, 88 and 89 of said File Map no. 4956 785 ± feet to a point, said point being the southeasterly corner of said lands of MIDA Development and a point on the northerly line of Central Hudson Gas & Electric Corp. right-of-way; thence running southwesterly through said lands of MIDA Development and the northerly line of said Central Hudson Gas & Electric Corp. right-of-way, 1,120+— feet to a point, said point being the northwesterly corner of said Central Hudson Gas & Electric, Corp. right-of-way and a point in the easterly line of All Angels Hill Road; thence 30 running northwesterly along the easterly line of said All Angels Hill Road and the westerly line of said lands of MIDA Development 315 ± feet to the point or place of beginning. Together with all that certain land situated in the Town of Wappinger, Dutchess County, State of New York, bounded and described as follows: Beginning at a point, said point being the northwesterly corner of lands now or formerly Meadowwood Development, Liber 1980, Page 059, said point also being in the southerly line of Old Hopewell Road; thence running northeasterly along the southerly line of Old Hopewell Road and the northerly line of said Meadowwood Development, 2,270± feet to a point, said point being the northeasterly corner of said Meadowwood Development and the intersection of the southerly line of said Old Hopewell Road with the westerly line of All Angels Hill Road; thence running southwesterly along the easterly line of said Meadowwood Development and the westerly line of All Angels Hill Road 540 ± feet to a point, said point being on the westerly line of All Angels Hill Road at the northeast corner of lands now or formerly Heady, Liber 985, Page 126; thence running northeasterly along th'e northerly line of said lands of Heady, 390 ± feet to a point, said point being the northwesterly corner of said lands of Heady; thence running southwesterly along the easterly line of said Heady, 370± feet to a point, said point being the northwesterly 31 corner of said lands of Heady; thence running northeasterly along the southerly line of said Heady 640 ± feet to a point, said point being on the westerly line of said All Angels Hill Road and the easterly line of said Meadowwood Development; thence running southeasterly along the westerly line of said All Angels Hill Road 910± feet to a point, said point being the northeasterly corner of lands now or formerly. Marshfield Enterprises, Inc., Liber 1422, Page 264; thence running southwesterly along the northerly line of said lands of Marshfield Enterprises, Inc. 264± feet to a point, said point being on the easterly line of said Meadowwood Development and the northwesterly corner of said lands of Marshfield Enterprises, Inc.; thence running southeasterly along the westerly line of said Marshfield Enterprises, Inc. and the easterly line of said Meadowwood Development 215 ± feet to a point, said point being the southeasterly corner of said lands of Meadowwood Development and the southwesterly corner of said lands of Marshfield Enterprises, Inc.; thence running southwesterly along the southerly line of said Meadowwood Development, the northerly line of lands now or formerly Dahlin, Liber 730, Page 273, the northerly line of lands now or formerly LaGreca, Liber 1670, Page 765, the northerly line of lands now or formerly Skora, Liber 1366, Page 910, the northerly line of lands now or forrnerly Passarelli, Liber 1446, page 506, the northerly line of lands now or formerly Giangaspro, Liber 874, page 175 and the northerly line of lands now or formerly DiBiase, Liber 967, Page 192, 1,470± feet to a point, said point being the southwesterly 32 corner of said lands of Meadowwood Development and the southeasterly corner of lands now or formerly Geibart, Liber 1597, Page 100; thence running northwesterly along the easterly line of said Geibart and the westerly line of said Meadowwood Development 2,720± feet to the point or place of beginning. Together with all that certain land situated in the Town of Wappinger, Dutchess County, State of New York, bounded and described as follows: Beginning at a point, said point being at the intersection of the southerly line of Old Hopewell Road and the easterly line of All Angels Hill Road, said point also being the northwesterly corner of lands now or formerly Meadowwood Development, Liber 1980, Page 059; thence running southeasterly along the southerly line of said Old Hopewell Road and the northerly line of said land of Meadowwood Development, 880± feet to a point, said point being the northeasterly corner of said lands of Meadowwood Development and a point in the centerline of Sprout Creek; thence leaving said southerly line of Old Hopewell Road and running along the centerline of Sprout Creek, 570± feet to a point, said point being the southeasterly corner of said lands of Meadowwood Development and the northeasterly corner of lands now or formerly Hopewell Junction, New York, Congregation of Wappinger, Liber 1753, Page 448; thence running southwesterly along the southerly line of said lands of Hopewell Junction, 33 Congregation of Wappinger, 720 ± feet to a point, said point being the southwesterly corner of said lands of Meadowwood Development and a point on the easterly line of All Angels Hill Road; thence running northerly along the easterly line of All Angels Hill Road and the westerly line of said Meadowwood Development 810± feet to the point or place of beginning. Together with all that certain land situated in the Town of Wappinger, Dutchess County, State of New York, bounded and described as follows: Beginning at a point, said point being in the easterly line of All Angels Hill Road, said point also being the northwesterly corner of lands now or formerly Meadowwood Development, Liber 1980, Page 059; thence running northeasterly along the northerly line of said lands of Meadowwood Development, the southerly line of File Map No. 3426, "Rockingham Farms", the southerly line of the Town of Wappinger Recreation Area, Liber 1555, Page 235 and the southerly line of Town of Wappinger Sewer District, Liber 1291, page 715, 1,750± feet to a point, said point being the northeasterly corner of said Town of Wappinger Sewer District and a point in the centerline of Sprout Creek; thence running southwesterly along the easterly line 'of said lands of Meadowwood Development and the centerline of said Sprout Creek 2,690 ± feet to a point, said point being the southeasterly corner of said lands of Meadowwood Development and a point on the northerly line of Old W Hopewell Road; thence running northwesterly along the northerly line of Old Hopewell Road and the southerly line of Meadowwood Development 950± feet to a point, said point being the southwesterly corner of said lands of Meadowwood Development and the intersection of the northerly line of Old Hopewell Road and the easterly line of All Angels Hill Road; thence running northerly along the easterly line of All Angels Hill Road and the westerly line of said lands of Meadowwood Development 980 ± feet to the point of place of beginning. 35 01/25/98. RGM presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. Section 7. This resolution shall take effect immediately. The question of the adoption of the forgoing resolution was duly put to a vote on roll, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted. Next is a Resolution authorizing the application to Audit and Control. The following resolution was offered by COUNCILMAN VALDATI, who moved its adoption, seconded by Councilman Ruggiero. RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO A PROPOSED SEWER DISTRICT, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NY TO BE KNOW AS THE WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA NO. 3A IN SAID TOWN WHEREAS, a map, plan and report have been duly prepared, including an estimate of cost, in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the construction of additions to the Tri -Municipal Treatment plant and construction of a pump station and generator as well as collector, transmission and force mains, including original furnishings, equipment, machinery, apparatus, appurtenances, land or rights -in -land and incidental improvements and expenses in connection therewith, all for the proposed Wappinger Sewer Transmission/Treatment Improvement Area No. 3A; and WHEREAS, the establishment of the Wappinger Sewer Transmission/Treatment Improvement Area No. 3A and the capital project proposed therefor, have been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as proposed, the Town Board has determined will not have any significant effects on the environment; and WHEREAS, an order was duly adopted by said Town Board on November 23, 1998, reciting a description of the boundaries of the proposed Wappinger Sewer Transmission/Treatment Improvement Area No. 3A, the 11 "J 01/25/99 RGM improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact that said map, plan and report, including an estimate of cost, were on file in the Town Clerk's office for public inspection and specifying the 14th day of December, 1998, at 7:00 o'clock p.m., local time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-q of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board in proceedings adopted prior hereto has made the determinations required by Section 209-q of the Town Law and directed the Town Clerk to file an application with the office of the State Comptroller for permission to establish Wappinger Sewer Transmission/Treatment Improvement Area No. 3A; and WHEREAS, the Town Board has reviewed said application; NOW, THEREFORE BE IT RESOLVED, 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 as follows: a) The application to the Office of the State Comptroller attached hereto as exhibit A and hereby made a part hereof was prepared was prepared at the direction of this Town Board and this Town Board believes its contents to be accurate; b) The establishment of the proposed Wappinger Sewer Transmission/Treatment Improvement Area No. 3A is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; 12 39 01/25/9,,'. RGM c) All the property and property owners with the proposed Wappinger Sewer Transmission/Treatment Improvement Area No. 3A, as described in the preambles hereof, are benefited thereby; and d) All the property and property owners benefited are included within the limits of the proposed Wappinger Sewer Transmission/Treatment Improvement Area No. 3A Section 2. The Town Clerk shall, within ten (10) days after the adoption of this resolution, file certified copies of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, together with an application by this Board in duplicated for permission to establish Wappinger Sewer Transmission/Treatment Improvement Area No. 3A as provided for by subdivision 13 of Section 209-q of the Town Law of the State of New York, and such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town. Section 3. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The resolution was thereupon declared duly adopted. Next is to introduce the Local Law exempting the position of Comptroller of the Town of Wappinger from Residency Requirements and to set a public hearing. The following resolution was moved by COUNCILMAN RUGGIERO and seconded by Mr. Valdati. WHEREAS, it has come to the attention of the Town Board of the town of Wappinger that the most qualified candidate for the position of Comptroller of the Town of Wappinger is not a resident of the Town; and WHEREAS, the Town Board is aware of the residency requirements imposed by Section 23 of the New York State Town Law; and WHEREAS the Town Board is also aware that Section 23 (3) of the New York State Town Law exempts from residency requirements the position of Comptroller of the town of Mount Pleasant; and WHEREAS, the Town Board has determined that in light of the Special Skills and training required of a Comptroller, any public benefits that accrue by virtue of requiring the residency of the Comptroller of the town of 13 01/25/99. RGM Wappinger are outweighed by the importance of obtaining the most qualified person to fill the position. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law #_ of the Year 1999 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 0(27) and accordingly, the Town Board hereby expressly determines that his action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law #6 of 1992 or pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 1999 to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 22nd day of February, 1999, at 7:15 p.m., and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. There was no other business to come before the Board. COUNCILMAN RUGGIERO moved to adjourn the meeting to February 1, 1999 seconded by Mr. Bettina, and unanimously carried. The meeting adjourned at 9:35 p.m. 14 J' Town of Wappinger Page; 1 :e. '21199 02:58 pm Invoice Audit Journal -_-_-._-__assaaaasasaxsseasxaxasxsasxsxsaxaaaxaxaxsasasasxsaaaasaasaaaxaxsxsasaxaaaxacsxas ---------debit credit amount in line vndr po invoice claim date due s description xxxxx=--00040 _ CENTRAL HUDSON GAS & ELIC 01 RF00002681 0009900003 01113199 01113199 N 7645-1838-00-1 1620410A 0600000A 127.96 1645-1838-60-1 0001 invoice total: 121.96 00040 CENTRAL HUDSON GAS & RLEC 102 RF00002688 0009900003 01/13199 01113/99 N 7645-1727-00-2 1620410A 0660000A 176.18 8801 7645-1727-86-2 110.10 invoice total: 88040 CENTRAL HUDSON GAS & ELRC B03 RF00002689 0609900003 01113/99 01/13199 N 7645-1830-00-4 1620410A 8610000A 1,212.23 0001 7645-1830-00-4 1,212.23 invoice total: 86046 CENTRAL HUDSON GAS & HLRC 004 RF08012690 6069900003 01/13199 01113199 N 7645-1940-00-1 7645-1940-86-1 1620410A 8606000A 310.17 0801 invoice total: 310.17 80048 CENTRAL HUDSON GAS & RLHC 405 RF00002691 0009900004 01/13/99 01113199 N 7411-1700-00 8001 7411-1700-88 51824808 06000008 1,903.41 invoice total: 1,903.41 00840 CENTRAL HUDSON GAS & HLEC 0006 RF00001692 0009900004 61113/99 01113/99 N 7411-1760-00 8001 7411-1768-01 5182480LH 0600010LH 1,446.40 invoice total: 1,446.40 08146 CENTRAL HUDSON GAS & MC 0007 RF00002693 0009900604 01/13199 01/13199 N 7411-1721-00 0001 7411-1420-80 5182480LC 0600000LC 58.68 invoice total: 58.60 08048 CENTRAL HUDSON GAS & ELRC 0008 RF00002694 0809900004 61113/99 01/13/99 N 7411-1740-00 8081 7411-1740-88 5182400LD 060006OLD 561.59 invoice totals 561.59 80034 CARO POLLUTION CONTROL 0009 98-1068 0009900005 01/06/99 01106199 N LAB ANALYSIS DEC. 0801 LAB ANALYSIS DEC. 1626456A 0600000A 18.80 invoice total: 10.80 80834 CARO POLLUTION CONTROL 0010 98-1067 0069960006 01/06/99 01/06/99 N LAB ANALYSIS DEC TOWN HALL 0801 LAB ANALYSIS TOWN HALL DEC. 1620450A 0680600A 18.88 invoice total: 10.80 00040 CENTRAL HUDSON GAS & MC 0011 RF00002695 0009900007 01/06199 01/06199 N 7808-6400-01-9 0881 7868-0480-81-9 1620400A 6600006A 101.18 invoice total: 101.18 Town of Wappinger Date 121199 02:58 pm Pages 2 Invoice Audit Journal saaxasaaxxssszzzzsxzsasxxxszxazazxzssxsxazxzssssszzzsxa=xxazssxxssxsxxzxsxexassvvxxaxsssssszxzxxsaxxssxazxs=xexzxxzsxxxxxxxxs==sxx Iran line vndr po invoice claim date due a description debit credit amount axassssaxxxzzzazaaxxazaasasaxaxxxxxxxxsaaaaaaaxmxxxaxssszasmxazssxsxaasxxzaxssaxaxas=zazamassxmxaaaaazxsxsxssxxxsxsxzzxsexzz=x xxzz 08040 CENTRAL HUDSON GAS & ELEC 0012 RF00062696 0809900007 01/66/99 01/06/99 N 7888-0405-00-8 0001 7888-0405-88-8 1628408A 0600001A 127.38 invoice total: 127.30 80848 CENTRAL HUDSON GAS & ELEC 0013 RF00002697 0009900887 61/06/99 01/06/99 N 7690-0425-61-8 0801 7698-0425-81-B 1620400A 0600880A 16.33 Invoice total: 16.33 08890 IMMANUEL CHRISTIAN CHURCH 0014 RF00002698 8009900008 01/11/99 01111/99 N POLLING PLACE ELECTION DAY 1998 0001 POLLING PLACE ELECTION DAY 199 1450486A 6600000A 280.00 invoice total: 200.00 86172 WATS INTERNATIONAL INC 0015 RF00002699 0009900009 01103/99 01/03/99 N OFFICE SUPPLIES 8001 OFFICE SUPPLIES 1660408A 6606008A 574.92 invoice total: 574.92 88286 ARCH PAGING 0016 9010121795 0009908010 01103199 01103/99 N PAGER RENTALS DEC. 8801 PAGER RENTALS DEC. 5132488A 8680800A 27.26 0002 PAGER RENTALS DEC. 3410400B 0600000B 13.63 8803 PAGER RENTALS DEC, 36204088 0680@61B 13.63 0004 PAGER RENTALS DEC, 8015400E 0600000E 13.63 invoice total, 68.15 08288 ROYAL CARTING SERVICE CO 0017 RF00002700 0009900011 01106/99 01/06199 N GARBAGE PICKUP DEC. 80@1 HOUSEHOLD GARBAGE B160460B 86800888 2,636.48 0062 RECYCLING 81624088 0600000E 1,112,05 0883 GARBAGE PICKUP TOWN HALL 1628456A 0600806A 810,48 invoice total: 3,958.93 08236 RANDY RENT ALL CENTER @018 115380 0009900012 01106/99 01106/99 N TAPE 8001 TAPE 513048@DB 060000ODB 28.78 invoice total, 28.78 86279 SHERIFF OF DUTCRESS COUNTY 8019 RF00002701 0009900013 01/06/99 01/06/99 N VANDALISM PATROL NOV. 0801 VANDALISM PATROL NOV. 3121400B 0600006B 1,388,42 invoice total, 7,308.42 88219 SHERIFF OF DUTCHESS COUNTY 0021, RF80002702 0009900014 81/06/99 01186/99 N VANDALISM PATROL DEC. 8881 VANDALISM PATROL DEC. 31264008 060880@B 6,290.28 invoice total: 6,290.20 61284 HUDSON AUTO & INDUSTRIAL 1021 RF01802703 0019908015 81106199 01/86/99 N CONNECTORS/FASTENRRS ILLVUIQe tiUU16 JULLL LICLl :xcaccacac zxczalac¢ssasII¢cIIacxxxsxxIISz7xII¢sisxcaxxssxsczs¢x¢xs3xcaIIaxII7aaazcxxaIIxaasIIxeIIccc7xccx7ccIIa7ccaccscca7cc7x=====-__---- amount in line vndr po invoice date due a description debit credit - -claim :x7scixc7scxcxccxcaxz7oc7acx7cx_xx 5130480DB @600000DB 324.85 8081 CONNECTORS,FASTENERS invoice total; 324.86 00284 HUDSON AUTO & INDUSTRIAL 22 RFIII12704 0009900016 01106199 01106/99 N FITTINGS FOR SHOP 2 513146OBB 0608060DB 223.78 0001 FITTINGS FOR SHOP 2 invoice total, 223.18 00334 JAMBS J BAISLEY �23 RF00002705 0009900011 01106/99 01106/99 N 2 TREES REMOVED CEDAR HILL RD 0601 2 TREKS REMOVED CEDAR HILL RD. 514040@DB 0680080DB 600.80 invoice totals 600.00 68344 R G R CONSTRUCTION 124 RF00002706 0009900018 01/06/99 11106/99 N PARTIAL PAYMENT PARKING REESE PK @001 PARTIAL PAYMENT PARKING R99SR 21868008 0600061B 800.88 invoice total, 880.00 88349 AGWAY PETROLEUM CORP 025 080-036215 0009900019 01106/99 01/06199 N RFG REG GAS 8881 RFG REG GAS 5110400B 0608008DB 408.29 Invoice total, 408.29 68361 AUTOMOTIVE BRAKE CO., INC. 026 216686 0009900020 01106/99 01106199 N LIGHTS FOR STOCK �1 LIGHTS FOR STOCK 5130400D8 0680080DB 323.50 invoice total, 323.50 06367 BOTTINI FUEL CORP 1021 RF00002707 0009900021 01/06199 01/06199 N FUEL OIL, DIESEL OIL 0001 FUEL/DIESEL OIL 5132468A 0606000A 1,292.29 invoice total, 1,292.29 06367 BOTTINI FUEL CORP )028 803821 6009900022 01/06/99 01/06199 N 12 FURL OIL 8801 12 FUEL OIL 1621460A 0600000A 430.75 invoice total, 430.75 80396 PINE BUSH EQUIPMENT CO., INC. 0029 RFOOO62708 0009900023 01106199 01/86/99 N WASHERS, BUSHING, PINS 0001 WASHERS, BUSHING, PINS 513846ODB 868011ODB 426.87 invoice total, 426.87 88428 CORBIN EXCAVATING 0030 5322 0009900024 01/06/99 01/06199 N 25 YDS TOPSOIL 8001 25 YDS TOPSOIL 511148ODB 6600080DB 506.08 invoice total: 500.00 68428 CORBIN EXCAVATING 0031 RF80002709 0009900025 01/06199 01/06/99 N TOPSOIL P"°l TOPSOIL 5116408DB 0608000B 324.00 invoice totals 324.00 08904 EXPANDED SUPPLY PRODUCTS, INC. 6042 52624 0009900036 01/06/99 01/66/99 N STENCIL FOR HANDICAP SYMBOL 8081 STENCIL HANDICAP SYMBOL 7118460A 0600000A 65.00 invoice total, 65.00 Town of Wappinger Date', 11199 02:58 pm Page; 5 Invoice Audit Journal asaasxasasassaaaaamaaaaasaaaaamsxamaxxaxaexxxassssssssssxssaazxzcssesmxxzzsseeccaccxsxxaxxzxssssasczxczcsxox=xvcoccxsxccxxzsszcxxc tran line vndr po invoice claim date due a description debit credit amount aszsssasssaeszsaasaaxmcsaxssssssssssxzsaaamxxamaxsassssexssxseccrosasxxszmsssscxxasamaazsxcsszxxxcxccxsxxcc=scsxccx=xxscocxxxccsss= 82818 ROGER FOLEY 0043 RFO0002715 0009900037 01/06/99 01/06/99 N WORK CLOTHES REIMBUSED 8881 WORK CLOTHES 511040ODB 068060ODB 54.56 invoice total; 54.66 62898 WAPPINGERS UNITED SOCCER CLUB 0044 RF00002116 0069900038 01/06/99 01/06/99 N AS PER SOCCER CONTRACT 8801 AS PER CONTRACT 7145400A 0680008A 3,500.80 Invoice total: 3,500.00 82169 CHEMUNG SUPPLY CORP. 0045 5402710 0609900039 01/06/99 01/66/99 N ALUMINIZED ARCH 0081 ALUMINIZED ARCH 511011ODB 0600010DB 3,655.23 Invoice total} 3,055.23 82212 B&H TIRE SERVICE OF HUDSON 0046 22754 0009900040 01/06199 01/06/99 N TIRE MOUNTIBALANCE 0081 TIRE/MOUNT / BALANCE 3121460B 06000008 30.80 invoice total; 30.00 02212 B&H TIRE SERVICE OF HUDSON 0047 0022945 0009900041 01/06/99 01106/99 N TIRE REPAIRS 8801 TIRE REPAIRS 5130468DB 0660088DB 40.60 invoice total: 40.00 02250 DUTCHESS COUNTY DIESEL, INC. 6048 4373 0009900042 01106/99 01/06/99 N BOLT 8881 BOLT 513141ODB 0600880DB 35.46 invoice total: 35.46 82331 OLYMPIC GLOVE & SAFETY CO, INC 0049 303654 0009900043 01106199 01106/99 N GLOVES 8001 GLOVES 5110400DB 0608000DB 252.11 Invoice total: 252.11 62361 PATRICIA F DOWNEY 0050 RFO0002717 0009900044 01106199 61/06199 N COURT STENO 8081 COURT STENO 1110400A 0608080A 88.58 invoice total: 88.50 82368 ARKEL MOTORS INC 0051 RFOOO12718 0009900045 01106199 81106/99 N TRUCK PARTS 8081 TRUCK PARTS 5130408DB 0688880DB 375.33 invoice total: 375.33 81849 VILLAGE OF WAPPINGERS FALLS 0052 RF00002719 8009900046 01/06/99 01/06/99 N TOWN PORTION 1998 BULK PICK UP 0881 TOWN PORTION 1998 BULK PICK UP 8160400A 0600000A 10,000.08 invoice total, 10,000.00 02318 CERNIGLIA & SWARTZ ARCHITECTS, I 0053 1108 0009900047 01/06199 01/06199 N FEASIBILITY STUDY TOWN RBC. Town of Wappinger Page; 6 ;e '21199 02,58 pm Invoice Audit Journal ---- •----- - ----------- 322633i-S--23333=53----�--5��2339522-=--3------------------ debit credit amount an line vndr po invoice claim date due a description ---__- FEASIBILITY STUDY TOWN RRC 7620406A 0600808A 40500 0081 invoice total, 405.00 CRAIG BOVA 02506 ;54 RF00002720 0009900048 01106199 01106/99 N WORK BOOTS 5110400DB 0600000DB 31.53 0001 WORK BOOTS 37.53 invoice total, AMTHOR'S WELDING SERVICE 02518 055 RF00002721 0009900049 01106199 01166199 N ONSPOTS CHAINPLATES 5130400DB 060000ODB 178.08 ONSPOT CHAINPLATRS 0001 invoice total, 178.00 82553 STAPLES 056 RF0@0@2722 0009900050 01106199 61106/99 N 5 CHAIRS/ 2 G TABLES 1140400& 0680680A 83.98 0001 CHAIRS/ 2 TABLES 83.98 invoice total, 62816 NOCO LUBRICANTS 1057 631259 0009908051 01106199 01106199 N LlB AW 46 BULK U1OC AW 46 BULK 5131400DB 060008IDB 327.10 1321.10 invoice total: 03655 DIV. OF CRIMINAL JUSTICE SERVICE 0058 144624 0009900052 01/06/99 01/06199 N CALIBRATE RADAR GUN K 0001 CALIBRATE OF RADAR GUN K 31284808 06080008 40.80 Invoice total, 40.00 63071 CLOSE, DON 0059 RF00@02723 0009900053 01106199 @1/06/99 N CONSULTANT FOR BUILDING DEPT. 8001 CONSULTANT BUILDING DEPT, 8015400B 0600000B 564.00 invoice total, 564.00 03016 ALBANY LADDER 0060 457892 6009900054 @1106/99 61106/99 N THROTTLE CABLE 0881 THROTTLE CABLE 5131400DB 060@060DB 32.91 invoice total, 32.91 03129 SAFETY KLIRN 0061 966731 0009900055 61106199 01/06199 N WASTE OIL PICKUP 0001 WASTE OIL PICKUP 513840ODB 0600880DB 95.08 invoice totals 95.00 03173 TRIUMPH AUTO GLASS 0062 42269 8009900056 01106/99 01/06/99 N WINDSHIELD REPLACEMENT SUPRRVISO WINDSHIELD REPLACE SUPERVISOR 1620430& 0606011A 556.25 invoice total, 556.25 03265 HILLMAN SIGNS 0@63 7360 0069900057 01106/99 01/06199 N 6 PARK SIGNS 0001 6 PARK SIGNS 7110400A 0600008A 480.0E invoice total, 480.01 Town of Wappinger Dates ,21199 02158 pm Paget 1 Invoice Audit Journal zszxxxa3saxsx3s3mxsszazxsxas3s33xxs3xmm7xxm3vvvsmmxmmmmmsm sv assaxxxxmeaxxxx3xssvxxxxmx3xsx7xz3axxz33333xxzxxx3333xz::=svxeeseeexxx tran line vndr po invoice claim date due a description debit credit amount 03285 CRYO WELDING CORP. 6064 25801 0009900058 01/11/99 01/11/99 N ANNUAL INSPECTION/TRST/CO2 RRFIL 0001 ANNUAL INSPECTION/TEST/CO2 RBF 5130401DB 0606000DB 139.00 Invoice total, 139.00 03287 THE GUARDIAN LIFE INSURANCE 0065 RF80002724 0809900059 01/11/99 01/11/99 N NYS DISABILITY INSURANCE 8081 NYS DISABILITY INSURANCE 12/98 9855000A 0680608A 444.68 0002 NYS DISABILITY INSURANCE 12/98 90558008 0600000B 124.80 0083 NYS DISABILITY INSURANCE 12/98 9855880DB 06006BODB 181.28 invoice total, 756.60 63288 OFFICE OF STATE COMPTROLLER 0066 1338680- 0009900060 01/11/99 01/11/99 N TOWN SHARE FROM COURT FOR DEC. 0081 TOWN SNARE COLLECTED COURT 12/ 2610800A 0600860A 12,512.50 invoice total, 12,512.50 83854 STATE STREET BANK 6 TRUST CO. 0067 84299 0009900061 01/11/99 61111/99 N COUPON FRES SERIES 1985 l COUPON FEES SERIES 1985 13804008 06800888 181.58 Invoice totals 787.50 82526 WAPPINGERS DIST. POP WARNER 0068 RF00602726 0009960062 01/11/99 01/11/99 N PER 1998 TOWN CONTRACT 8001 PER 1998 CONTRACT WITH TOWN 7145400A 0660080A 1,180.00 invoice total, 1,700.00 total, 70,443.43 final total, 70,443.43 01/25/99 PH An adjourned Public Hearing was held by the Town Board of the Town of Wappinger on January 25, 1999 at the town hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Amending the Zoning Law and Zoning Map of the Town of Wappinger by the additions to, or revisions and amendments to certain articles and/or section of the Zoning Law and Zoning Map. The rezone is in connection with an expansion of existing shopping center owned by the Alpine Company of Poughkeepsie, said shopping center being known as "Alpine Commons". SUPERVISOR SMITH opened the meeting at 7:00 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent ELAINE SNOWDEN, Town Clerk explained there was no Affidavits of Posting and Publication, because this was and adjourned Public Hearing. She would like to add to the record the recommendation from the DC Department of Planning, and informed the board that we had twenty four letters in favor of the rezoning, and one letter against. SUPERVISOR SMITH explained, that before we start the meeting, she would be taking names that were on the sign up sheet list, and would give each resident who wished to speak two minutes. Also, this is a Public Hearing, and the purpose of the Hearing is for the Town Board to get input from the residents. We will listen to your input, and any questions would be referred to the applicant, which is Mr. Kellogg, of Alpine, and his team. Mr. Kellogg gave a short recitation regarding Alpine, and explained that Alpine owned 85 acres of land zoned shopping center, and wished to require the rights to expand the existing shopping center. They are asking for approval of 18 acres from R-20 to Shopping Center. He also informed the residents that Alpine draws from 700,000 people, and covers six counties. The expansion will have very little visibility from Route 9. A new entrance will be added off Route 9, and another entrance off Old Hopewell Road which will be a right hand turn in and right hand turn out entrance only. Along Old Hopewell Road, they have agreed to a 75' landscape buffer with an additional 75' building set back. They will retain the existing vegetation 1 01/25/99 PH along Old Hopewell Road, and supplement it. They currently have a sewer hook-up by the BJ entrance that will be carried to the site and have agreed to grant an easement to the town as part their improvement district. They will carry sewer and water through the site down to Old Hopewell Road. In addition to that, Alpine has also agreed to help provide water service to Wappinger Park, behind Hark Plaza at no cost to the town. Alpine will save town residents money by improving the wastewater system. Mr. Kellogg also addressed the many traffic concerns including the traffic issue and said that the expansion would bring more jobs and more tax dollars to the town, county and Wappingers Central School District. STEVE MATHIA of John Collins Engineers spoke regarding the impact study that his office made for the proposed rezoning and expansion for the Alpine Commons shopping center. He predicted the traffic conditions of future assuming that the development of the project is going to add increment of traffic to the network. What it boils down to, we are going to generate additional traffic, but the traffic will come from a number of different sources. The traffic is already on Route 9, its not new. The impact is primarily along the Route 9 corridor and along Old Hopewell Road. The applicant has proposed and is prepared some improvements to Route 9 not only at the intersection, but along Route 9, between Old Hopewell Road and the main entrance to the site. The network with the improvements that have been described and are part of the application of the studies find that there would be no change in level of service. Another item Mr. Kellogg wished to point out, Alpine submitted their traffic study back in April of last year to the towns consultants, Frederick P. Clark, and the to the County DPW, and reviewed their recommendations and all that was done prior to the Dutchess County Department of Planning as well as the Town Planning Boards recommendations. Jon Adams, Attorney for Alpine spoke and went over charts regarding the tax revenues that would benefit the entire town. Mr. Adams also wished to mention that Alpine has also agreed to patrol the area. Mr. Kellogg informed the residents, that we still have a long way to go. We have to go back to the Planning Board, we have to go through all the environmental tests that the Planning Board wants to look at. There is still a long way to go with the town review, after the rezoning process is complete. At this time Supervisor Smith said she would take questions or comments from the residents who wished to speak. Anthony Liquori said all his questions were answered, he will support the project; Robert Gomez, 20 Top O'Hill Road is in favor, Mr. & Mrs. Joe 6 d5 01/25/99 PH Ennesser, Mohawk Drive, are in favor; Andrew Hartman, Kretch Circle is against; John Hanley, Scott Drive, is against; Ed Kellogg informed Mr. Hanley that the traffic study which was prepared in May did entertain the idea of a traffic signal at the driveway to Old Hopewell Road. However, since then, and based on input from the Planning Board, and the County, Alpine has revised that to a right turn only driveway, so there won't be a traffic signal at the Old Hopewell Road driveway. Virginia Chardonay is against; Heather Kitchen, Alpert Drive spoke in support; Richard Tallman, Roberts Road re: traffic problems and turning lanes on Whites Corners and Old Hopewell Road. Mr. Kellogg explained that they spoke to the County in the spring, and the County indicated they would be improving the shoulder of Old Hopewell Road. They are fully aware of Alpine's plan to remove the roller coaster effect on Old Hopewell Road. Mr. Tallman, is not sure; Louis Rose of Cayuga Drive is in favor; Teresa & Jeff Rosenkrantz, not sure; Mr. Brandeis, opposed; Joanne of 7 Lydia Drive is against, to much traffic; Nancy Fitzgerald, Blackthorn Loop, in favor; James Velinsky, 9D, is opposed; Mike Leonard, 15 Peter Drive, is in favor; Newman Endress, Carnaby Street, in favor; Peg Sullivan, in favor; Nettie Brown, in support; Mary Foster, 5 Russ Road, in support; Dot Russell, Brookside, in support; Mr. Russell, not sure; Vic Fanuele, Wildwood Drive, in support; Greg Sarno of Dana Place, against; Debbie Peck, Farms End Road, against; Resident of 2 Farms End Road, against; Bill Parsons, Myers Corners Road stated the Town needs a balance, he is in favor; June Visconti, Joan Drive, went over her concerns, she is in support; Peter Tomasic in support; Tom Logan, New Hackensack Road, said we need more commercial tax base and the residents need good water, he is in favor; Janet Delamara, Rockingham Estates, is against; Frank & Joan Mathers, Smithtown Road are in favor; Colleen Kelhius, Smithtown Road, is in favor; Mike Shore, Myers Corners Road, in favor; Mark Grossman, Queen Anne Lane, in favor; Arlene Cole, Scott Drive, against; David Roger, Old Hopewell Road, against; Estelle Zak, Dorothy Heights, against project; Peg Paoloni read letter from Ann Hammond, both of Norman Court, both against project; Rose Depeccio, Rosewood Court, against; Vincent Francese, Reservoir Place, in favor; Betty Bogholtz Wappinger Park, against; Mary Johnston of Scott Drive, opposed; of Mary Mosier Kendall Drive, opposed; George Robinson, DeGarmo Hill Road, in support; Ellen Wallich, Drew Court, against; There were no more questions or comments. COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. 3 The Public Hearing closed at 8:25 p.m. Elaine H. Snowden Town Clerk 01/25/99 PH