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1991-03-11 SPMVA A Special Meeting of the Town Board of the Town of Wappinger was held on March 11, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervison Smith opened the Meeting at 8:05 P.M. Present: Ik Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Matthew Rudikoff, Consultant This Meeting was set at the Regular Meeting of January 28, 1991 for the purpose of adopting the Statement of Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal to Treat Wastewater from the Town of Wappinger, Adopt a Resolution to authorize the Improvement and further Authorize the Submission of an Application to Audit & Control, and any other business that may come before the Board. The following Resolution was offered by COUNCILWOMAN VISCONTI, seconded by Councilman Valdati and unanimously carried: RESOLUTION OF ADOPTION OF FINDINGS FOR AUTHORIZATION OF A SEWER IMPROVEMENT AND AGREEMENT WITH TRI -MUNICIPAL SEWER COMMISSION TO TREAT WASTEWATER FROM THE TOWN OF WAPPINGER (Attached hereto and made part thereof of the Minutes of this Meeting). The following Resolution was offered by COUNCILWOMAN VISCONTI, seconded by Councilman Valdati and unanimously carried: In the Matter of A Proposed Sewer Improvement in the Town of Wappinger, Dutchess County, New York, pursuant to Article 12-C of the Town Law to be known as Wappinger Sewer Transmission/ Treatment Improvement Area PUBLIC ----- INTEREST ----------------------------- RESOLUTION (Attached hereto and made part thereof of the Minutes of this Meeting). 73 The Town Attorney had requested that the Town Board proceed with the acceptance of Taryl Court in the Shelburne Subdivision. MRS. VISCONTI moved to accept Taryl Court in the Shelburne Subdivision as and for a Town Road, at the recommendation of the Highway Superin- tendent and the Engineer to the Town, and authorize the expenditure of $206.00 for the Title Insurance for said road. Seconded by Mr. Valdati Motion Unanimously Carried There was no other business to come before the Board. MRS. VISCONTI moved to close the Special Meeting, seconded by Mr. Incoronato and unanimously carried. The Meeting closed at 8:10 P.M. �S.J' Elaine H. Snowden Town Clerk Spl. Mtg. 3/11/91 A Public Hearing was held by the Town Board of the Town of Wappinger on March 11, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York on a proposed Local Law Amending the Zoning Ordinance by the deletion of Section 428, "Architectural and Historic District Advisory Board". Supervisor Smith opened the Hearing at 7:15 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Smith noted that during her review of this proposed Law, that she discovered that such action would delete the whole Section 428 instead of just deleting the Architectural and Historic District Advisory Board which was not their intent. It would, therefore, have to be redone, reintroduced and another hearing scheduled. There was discussion on a date for the Law to be reintroduced and a determination made that the Public Hearing would be on the 22nd of April, 1991, provided the Attorney had it ready by the March 25th meeting since it had to be referred to the County Planning Board and the Town Planning Board for their review and recommendation. There were no other comments or questions on the subject matter. MR. INCORONATO moved to close the Public Hearing, seconded by Mrs. Visconti and unanimously carried. The Hearing closed at 7:20 P.M. Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, -County of Dutchess, Town of Wappinger. TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Elisabeth Inacker Town Board of the Town of Wapp . •...,. ................................... of the Inger will conduct a Public Hearing on Monday, the 11th day of March 1991, at 7:15 P.M. at the Town Hall, Town of Wappinger, Dutchess County, New York, 20 Middlebush Road, Wappingers Falls, New York 12590, at which time. all parties In interest and being duly sworn, says that he is, and at the several citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a Local Law Bookkeeper times hereinafter was, the .............................. proposed of will theeZoningOrdinanl eor nnof of the SOUTHERN DUTCHESS NEWS, a Wappinger by the deletion of Section 428 thereof, entitled 'ARCHITEC. TURAL AND HISTORIC DISTRICT newspaper printed and published every Wednesday ADVISORY BOARD". PLEASE TAKE FURTHER NOTICE that the following is a sum. in the Town of Wappinger, Dutchess County, New mary of the proposed amendments to be made by this Local Law: 1. This proposed Local Law shall York, and that the annexed NOTICE was duly delete and omit Section 42"ARC8 entitled fADVISORYBOARD" anRAL AND d DISTRICT published in the said newspaper for , one weeks all subsections of said Section 428. By theadppl1q, of this Local Law the ARCHITECTURALAND HISTORIC successively in each week, commencing on the DISTRICT ADVISORY BOARD" shall be abolished and all its powers, duties and functions as set forth in 27th da of February 1991. and on the Section 428 shall be eliminated im- ........... y ........ mediately and upon filing with the Secretary of State as provided by following dates thereafter, namely on law. , PLEASE TAKE FURTHER NOTICEthat the text of the propos. ................................................................. ed Local Law above set forth will be available for public review and In - at the Town Hall, 20 Mid- and ending on the ..2 th .... day of d ebush Road, Wappingers Falls, New York on or after January 30, 1991. 19.91 both days inclusive. PLEASE TAKE FURTHER NOTICE that at the said public hear - Ing at 7;15 P.M. on Monday, March th, '1991, all interested persona may be heard either la or against m... the adoption of the above mention . • • • .. • • • • • . , . • • • . ed Local Law. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ELAINE SNOWDEN DATED: JANUARY 28,V199CLERK Subscribed and sworn to before me 49 91 this ..27th... day .of....fl.l ruar .�`:`�.ti 414 Notary Public My commission expires ................................. AACHEL WISHART NOTAP,Y PUS M, STATE C' NEW YORK QUALIFIED m CUTIME^a COUNIY 6 14-4E55910? COMM MON EXPIRES IViUCH 31, 191 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER [ON NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE BY THE DELETION OF SECTION 428, "ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD. STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That on February 27, 1991, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending the Zoning Ordinance of the Town of Wappinger by deleting Section 428, "Architectural and Historic District Advisory Board" on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. I (X,l,im tom►advisk Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this -// day of y���J 1991. F:cj^J5?; NOTARY PUBLIC - "c"JTH ''<..'ili;,.1;, New York l-;`' 7191 ; )i. rchc,:„ County TOWN OF WAPPINGER RE: RESOLUTION OF ADOPTION OF FINDINGS FOR AUTHORIZATION OF A SEWER IMPROVEMENT AND AGREEMENT WITH TRI -MUNICIPAL SEWER COMMISSION TO TREAT WASTEWATER FROM THE TOWN OF WAPPINGER By Board Member: June Visconti WHEREAS, the Town Board for the Town of Wappinger (hereinafter the "Town Board") is considering entering into an agreement with the Tri -Municipal Sewer Commission to authorize expansion of the wastewater treatment plant and authorization of a Sewer Improvement to deliver 1 mgd of wastewater to the Tri -Municipal Sewer Commission Wastewater Treatment Plant for treatment with future consideration for an additional 3 mgd; and WHEREAS, the Town Board designated itself as the lead agency in connection with proceedings being conducted pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 (collectively, SEQRA) regarding the authorization of the Sewer Improvement; and WHEREAS, the Town Board (1) determined that the proposed action may have a significant impact on the environment; (2) circulated the positive declaration and notice of intent to prepare a Draft Environmental Impact Statement to all interested and involved agencies; and (3) conducted a public scoping session at which the public and interested agencies provided information concerning the scope of the DEIS; (4) authorized and directed its staff and consultants to prepare a DEIS; (5) accepted a DEIS as complete on November 23, 1990; (6) circulated the DEIS to the public and involved and interested agencies; and WHEREAS, the Town Board held a public hearing on the DEIS on January 14, 1991 at which time all interested members of the public were given an opportunity to be heard; and WHEREAS, the Town Board accepted written comments until February 18, 1991; and WHEREAS, the Town Board directed its consultants to respond to all comments made by the public and interested agencies and to prepare an Final Environmental Impact Statement (FEIS); and Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 2 WHEREAS, the Town Board has received on February 25, 1991 a document containing all comments and responses and additions and supplements to the EIS which together constitute the FEIS; and WHEREAS, the Town Board has reviewed the document and received an amendment to pages 35 through 38; and WHEREAS, the Town Board thoroughly discussed the FEIS, its adequacy and content at its meeting on February 27, 1991; and WHEREAS, on February 27, 1991 the Wappinger Town Board, in accordance with the Article 8 ECL and NYCRR Section 617.8, determined that the FEIS submitted for "the Improvement" was satisfactory with respect to its scope, content, and adequacy, and accepted it as the Town Board's own document; and WHEREAS, the Notice of Completion of the FEIS and the Final Impact Statement were sent to all Involved and Interested Agencies on February 28, 1991; and WHEREAS, copies of the FEIS were made available to the public; and WHEREAS, the Wappinger Town Board subsequently resolved that no final decision to approve this action would be made before March 11, 1991 in order to allow all interested and involved agencies a reasonable time period in which to consider the FEIS; and WHEREAS, the Town of Wappinger Town Board, as lead agency, has reviewed and fully considered the FEIS and its various plans, as well as comments received with respect to the DEIS and FEIS, NOW THEREFORE BE IT RESOLVED, that the following Statement of Findings is hereby adopted in accordance with Article 8 of the Environmental Conservation Law, NYCRR Part 617 and the Town Board hereby approves the various actions required to sign and implement the agreement; and BE IT FURTHER RESOLVED, that the actions covered by this review shall include: Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 3 TITLE OF ACTION: AUTHORIZATION OF A SEWER IMPROVEMENT AND AGREEMENT WITH TRI -MUNICIPAL SEWER COMMISSION TO TREAT WASTEWATER FROM THE TOWN OF WAPPINGER DESCRIPTION OF ACTION: Authorization of a Sewer Improvement in the Town of Wappinger and the signing of a Contractual Agreement between the Tri -Municipal Sewer Commission and the Town of Wappinger to enable an initial 1 million gallons per day of wastewater from the Town of Wappinger to be transmitted to the existing Tri -Municipal Wastewater Treatment Plant for processing. Possible plans to transmit an additional 3 million gallons per day of wastewater from the Improvement to the Tri -Municipal Facilities are considered in the conceptual planning stage. The actions that relate directly to the proposed action include: 1. Entering into an agreement with the TMSC to treat, at an expanded Tri - Municipal treatment plant, an initial 1 mgd of wastewater from the Town of Wappinger, and to conceptually plan to treat a subsequent additional 3 mgd. 2. Authorization of the Improvement, the legal entity, under Article 12C of the NYS Town Law, whose geographic boundaries delineate the benefitted area. 3. Identification and acquisition of the easements necessary to install the transmission network for the 1 mgd area. 4. Securing of all permits and approvals, including the modifications of existing permits, as required by the project. 5. Issuance of bonds and other actions necessary to secure project financing. 6. Construction of transmission lines and new pump stations to convey wastewater from the 1 mgd area to the plant. 7. Demolition of existing Oakwood Knolls and Rockingham Farms wastewater treatment plants. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 4 LOCATION: Town of Wappinger, Dutchess County LEAD AGENCY: Town of Wappinger Town Board Town Hall 20 Middlebush Road Wappingers Falls, NY 12590; and BE IT FURTHER RESOLVED, that the following facts and conclusions were relied upon to support the decision, 1.1 PROJECT BACKGROUND AND NEED The Town of Wappinger is currently under a mandate from NYSDEC to bring an existing sewage treatment plant serving a portion of the Town comprised of Wappinger Sewer Improvement Area #1 into operational conformity with its SPDES permit. Further, the Town has authorized several studies to consider wastewater collection and treatment options to address the alternatives available to the Town of Wappinger to bring the sewage treatment plant into conformity and to provide acceptable wastewater treatment in the Town of Wappinger. After extensive study, it was determined that the preferred solution for the Town of Wappinger's wastewater treatment needs for Wappinger Sewer Improvement Area #1 as well as for other existing, deteriorating wastewater treatment plants, also at capacity, would be to deliver wastewater to the Tri - Municipal Sewer Commission Wastewater Treatment Plant located in the Town of Poughkeepsie. The existing Tri -Municipal wastewater treatment plant was originally designed for its expansion to serve additional unsewered areas in the region, and the proposed Wappinger connection to the Tri -Municipal Plant is consistent with the regionalization concept originally envisioned by the Tri -Municipal Sewer Commission. The Town of Wappinger has entered into a Memorandum of Understanding with the Tri -Municipal Sewer Commission providing for the Commission and the Town to negotiate a contract to pursue expansion of the Sewer Commission's transmission and treatment facility, and a simultaneous designation of a Sewer Improvement in the Town of Wappinger from which wastewater would be collected and transmitted to the TMSC Treatment facilities. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 5 Pursuant to this plan, the Town will authorize an Improvement consisting of 15 square miles of the central portions of the Town of Wappinger extending north to Maloney Road, south to the Town boundary with the Town of Fishkill, east to Sprout Creek and west to Ketchamtown Road. It will incorporate the existing Wappinger Sewer Improvement Area #1, Rockingham Farms, Midpoint Park and Fleetwood Manor Sewer Districts and other unsewered areas which will ultimately generate a total of 4 mgd of wastewater flow. A central portion of the Improvement will be provided with sewer service immediately. This area will generate up to 1 mgd of wastewater. The remaining area will generate up to 3 mgd and will be provided with service in the future. At the same time, the Tri - Municipal Sewer Commission will expand its wastewater sewer treatment plant to accommodate flows from the Improvement. The plant expansion will initially provide treatment for 1 mgd. According to the contractual agreement, when 85% of the Town of Wappinger design flow of 1 mgd is reached, the Town will commence an engineering study to determine if additional expansion of treatment facilities is required. When required to treat design flows, the treatment facilities will be expanded to accommodate up to the maximum 4 mgd. There are several important benefits associated with authorizing a Sewer Improvement area in the Town that will ultimately transmit 4 mgd of wastewater flow to the existing TMSC Wastewater Treatment Plant for processing. The most significant benefits include: • Enabling the Town to come into compliance with the 1988 NYSDEC Consent Judgement imposed for sewage discharge violation at the Town's Oakwood Knolls Treatment Plant (see Section 3.130). • Significantly minimizing the potential impacts of private septic system failures, since it is anticipated that there will be a high number of hook-ups into the proposed collection system once it is completed. • Increased overall wastewater operating efficiency as the result of the Town centralizing its wastewater treatment. • Long-term resolution of the Town of Wappinger's wastewater transmission and treatment crisis. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 6 Cessation of further wastewater discharge from the Oakwood Knolls Wastewater Treatment Plant to a tributary of Hunters Creek and from the Rockingham Farms WTP into Sprout Creek, thereby improving the water quality of these surface waters and of wastewater discharges. Providing alternative treatment facilities, and thus preventing potential system failures at the Rockingham, Midpoint Park, and Fleetwood Wastewater Treatment Plants, through the proposed collection and transmission of wastewater from these areas to the Tri -Municipal sewage transmission and wastewater treatment facilities. Controlling growth of the Town in areas by where centralized wastewater treatment systems, exist, while less intensive development would be permitted where central sewage and water services are not provided. If the contract with TMSC is not signed, the Town Board will bring the Oakwood Knolls Wastewater Treatment Plant into compliance with NYSDEC requirements in conformity with the DEC Consent Judgement (see "Alternatives"). 2.0 IMPACTS AND MITIGATION NATURAL RESOURCES 2.1 Geology Installation of the 1 mgd transmission network will occur over wide area of varying soils, topographic relief, and depth to bedrock. Excavation depths for laying pipe, in general, will average 8.8 ft+ (depth to bottom of pipe) in depth and 14.5 ft. + in width. Blasting will be necessary in places to remove bedrock so that property pipe depth and slope can be achieved. All construction plans shall be submitted to the proper state and local authorities for approval prior to construction. An extensive and site-specific range of soil erosion and sediment control procedures will be implemented, including use of: • protected soil stockpiles • staked straw bale dikes • silt and/or silt fabric fences • diversion swales • sump pits • portable sediment tanks • inlet protection filters Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 7 Construction will follow the management practices described in the Guidelines for Urban Erosion and Sediment Control, a guidebook of best management practices for construction -related activities designed to minimize impacts on water quality from erosion and sedimentation. The following practices are included: • Construction on steep slopes will be minimized to the extent possible. • The cut face of earth excavations and fills shall be no steeper than the safe angle of repose for the material encountered and flat enough for stabilization and maintenance. Generally, a 3:1 slope will be used unless specific engineering data shows a steeper slope is stable. • Natural protective vegetation will remain undisturbed wherever possible. • The areas of soil exposed by construction at any one time will be kept to a minimum to maintain stability, and seeded as soon as possible either with temporary vegetation or final planting. Where seedings may not have a suitable growing season to produce an erosion retardant barrier, mulch covers or synthetic soil stabilizers will be applied. • Adjoining properties shall be protected from excavation and filling operations by the use of natural topography, hay bales, sediment traps, etc. • Runoff from construction areas will be collected and detained in sediment basins to trap pollutants prior to discharge off-site. • All sedimentation control fences and traps will be maintained throughout the construction period; cleaning and replacement will be done regularly. • Establish final plantings or seeding as soon as earth moving operations are complete. • Implement dust control measures. • The smallest practical area of land should be exposed at any one time during construction, e.g. the limit of exposed or open trench at any given time will be 100 linear feet. Where land is exposed during construction, the exposure should be kept to the shortest practical period of time. Mitigation measures will be taken to reduce noise levels and vibrations where blasting is necessary for pipeline and other installations. All blasting will be undertaken by licensed personnel only and will comply with all federal, state, and local regulations. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 8 The Town Board finds that the implementation of the above measures will mitigate impacts to the greatest extent practicable. 2.2 Water Resources 2.21 Ground Water a. Quality A large proportion of the soils in the Town of Wappinger contain considerable amounts of clay and silt, are poorly drained, and often have seasonally high water tables. Soils with these characteristics are ill-suited to adequately treat sewage effluent discharged from subsurface sewage disposal systems. If filtering capabilities of the soil is less than the amount of wastewater introduced, bacteria in the wastewater will not be adequately cleansed from it before it reaches the water table, hence, ground water quality deteriorates. Paggi & Martin Engineers prepared a 1986 study, '"Town of Wappinger Wastewater Treatment Facilities Plan", which identified 39 Dutchess County Department of Health -confirmed problem areas between 1984-1986 related to wastewater disposal. The Town Board determines that central sewers will improve ground water quality over the long-term by eliminating the use of malfunctioning and poorly designed individual wastewater systems. Both the Dutchess County Health Department and the NYSDEC - Region III endorse the proposed 1 mgd Improvement in the Town of Wappinger. Further, the Town Board finds that unsewered areas outside the 1 mgd already experiencing significant rates of septic failure would continue to rely on septic systems. Reliance on septic systems in unsewered areas would also be very costly in the long run. Installation costs will likely increase in future years. In addition, septic tank management requires regular removal of septage. The cost of this service is constantly increasing, and, according to the Dutchess County Department of Health, there is no reliable site in or out of Dutchess County for disposal of septage from private systems. Costs for septage removal will likely increase significantly. Total projected costs for septic maintenance over the next 30 years has been estimated at close to $20,000 per homeowner (See Appendix L, Septic Tank Management Costs). Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 9 The cost of reliance on package plants is equally problematic. Permit compliance is increasingly difficult and expensive. Most package plants require substantial reinvestment in 5 years to insure effective operation. In addition, package plants are subject to the same difficulties as individual systems with regard to sludge removal. Finally, individual plants and their operational costs can be assumed to increase due to more stringent requirements for low -flow stream discharge. In the future, these standards are expected to become even more stringent as permitting authorities move towards requiring tertiary treatment at plants on small watercourses due to the fact that these watercourses cannot assimilate waste as readily as the Hudson River. b. Quantity A ground water budget analyzing the effects of the 1 mgd Improvement was prepared by the Town's consultants. The analysis determined that less than 1 square mile of the Improvement currently lies outside existing sewer districts and would constitute a change in the ground water budget upon implementation of the 1 mgd Improvement, by redirecting current discharges to individual wastewater systems (which in turn directly recharges ground water reserves) to central sewers with ultimate discharge of treated effluent to the Hudson River. This 1 square mile is located within the Sprout Creek drainage basin. Within the 1 square mile area, natural recharge from precipitation was shown to equal or exceed the volume of water redirected from direct recharge by septic systems, thus "balancing" the budget. Further, the water that will be removed from recharge via sewers from this area constitutes an insignificant volume in the overall water budget of the ground water rich Sprout Creek drainage basin. The Town Board notes that the Town of Wappinger Planning Board will continue to utilize the "Stormwater Management Guidelines for New Development" (T.O.G.S. - 5.1.8) as a design standard for all projects it reviews. The stormwater management practices outlined in the document, will mitigate to the greatest extent practicable, the effects of central sewage service on ground water recharge town -wide. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 10 2.22 Surface Water a. Hunter, Wappinger, and Sprout Creek Construction of the 14,500 linear foot Hughsonville Interceptor for the proposed Improvement will occur largely along a drainage course of Hunters Creek, which includes State -regulated wetlands WF -3 and WF -27. Demolition and construction activities at the Rockingham Farms WTP will occur in the vicinity of the Sprout Creek. This construction will increase streambank erosion, causing increased turbidity and temporary warming. The Wappinger Creek may experience secondary impacts because the Hunters Creek is its tributary. However, given he volume of water flowing in the Wappinger Creek at its confluence with Hunters Creek, the Wappinger Creek is believed to be sufficient to carry and effectively disperse sediments which may enter it due to upstream construction activities. Mitigation to control erosion of streambanks and to minimize turbidity and siltation to the streams due to construction activities near the Rockingham Farms WTP and along the wastewater transmission alignments will consist of the following: • the use of coffer dams, silt screens and trench dewatering pumps to maintain a relatively dry work area and to prevent stream siltation and turbidity • the proper off-site removal, covering, or protection of excavated materials in order to prevent stockpiled material from entering and polluting streams • protection of disturbed streambanks by means of staked haybales, or suitable covers to prevent streambank erosion • prompt reseeding of streambanks with plant materials suitable for rapid reestablishment of vegetative cover • daily monitoring of stream turbidity • construction activities on streambanks of Class C(T) or higher streams must be approved by the NYSDEC through Article 15, Protection of Waters Permit. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 11 The Town Board expects that the water quality of Hunters Creek, Wappinger Creek, and Sprout Creek will improve as a result of the demolition of the Oakwood Knolls and Rockingham Farms WTPs, and the subsequent elimination of wastewater discharges not meeting SPDES permit requirements into these creeks. b. Flood -prone Area All manholes along the Hughsonville Interceptor alignment along Hunters Creek and its tributaries have been designed to be above the 100 year flood level. However, these manholes will also be outfitted with gas exchange seals designed to minimize water entering the transmission line. Since the proposed pump station at the Rockingham Farms WTP site occurs within the 100 year flood zone adjacent to Sprout Creek, the following mitigation measures will be implemented to protect the pump station and the section of the wastewater transmission line near the flood zone: • the portion of the station above grade will be outfitted with a waterproof entrance tube • the below grade portion of the station will be waterproofed and sealed • the adjacent fuel tank (necessary for secondary power supply) will be completely buried and fitted with an antiflotation device • a monitoring device to detect leakage will be attached to a receiver installed in the pump station • manholes in the area of the flood zone will be outfitted with seals that permit gas exchange, but minimize the amount of water entering the transmission line The Town Board determines that with the implementation of the above mitigation measures, potential impacts on surface waters will be minimized to the greatest extent practicable. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 12 2.3 Air Resources a. Odors Odors generated by sewage are anticipated to decrease throughout the Improvement as structures currently served by failing septic systems tie into central sewers and after the existing Oakwood Knolls and Rockingham Farms WTPs are demolished. The Town Board directs that design details will be incorporated into the Rockingham Farms proposed pump station to mitigate any potential odors. b. Noise The proposed construction to create the Improvement will create noise and some vibration from excavation, operation of machinery, and blasting. These impacts would occur at various phases of the construction. Mitigation measures to reduce the impact of construction noise will consist of limiting the period of construction activities to between the hours of 7" to 6PM. No blasting will occur before 8AM. Also, work on the project will take place on weekdays only, unless special or emergency conditions require otherwise. Additional measures to reduce noise during construction include the use of machinery equipped with mufflers and rubber tires, and the use of steel mats to muffle the sound of any necessary blasting. The Town Board determines that with the implementation of these mitigation measures, impacts from construction noise will be temporary and minimized to the greatest extent practicable. C. Dust Construction and Demolition activities will generate fugitive dust. Particular mitigation measures to control fugitive dust emissions during construction or demolition activities will be developed depending on the type of construction activity (e.g. blasting, trenching, soil backfilling). However, the following general practices, with modifications as necessary to control fugitive dust, will be followed: Minimize soil exposure and removal activities, Cover or wet exposed areas and storage piles with dust -suppressant materials. Re-establish a rapidly growing vegetative base cover as soon as possible. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 13 Cover and secure loads of earth and debris on trucks. The Town Board determines that temporary impacts from dust will be minimized to the greatest extent practicable. 2.4 Terrestrial and Aquatic Resources Impacts to plants and animals occurring within the proposed wastewater transmission alignments and near the proposed Rockingham Farms STP Pump Station will be confined to a width of approximately 40 feet. When necessary, vegetation will be cleared from the proposed 30 -foot wide wastewater transmission line permanent easement and a contiguous temporary 10 -foot wide construction easement. Some large trees, particularly in the Reese Park section of the Hughsonville Trunk alignment, may be removed. Trenching will be required for pipe installation. The average trench size will be 8.8 feet + deep and 14.5 feet + in width. Wildlife will be affected in one of two ways: temporary or permanent loss of habitat as a result of trench construction and cutting, filling and grading within a portion of the 30 foot wide permanent easements temporary loss of habitat within the adjacent 10 foot temporary construction easements Wildlife most likely to be affected by construction activities are those which depend on second growth forest, aquatic, or riparian habitats largely associated with Hunters Creek. The Town Board directs that to minimize impacts from loss of vegetation, large trees will be removed only when necessary; trees to be removed will be primarily limited to those occurring within the permanent construction easement. Mitigation measures to protect Blanding's turtles reported by the NYSDEC to occur in the vicinity of Rockingham Farms WTP will consist of: Communication with the Endangered Species Unit of the NYSDEC to obtain further details about the precise location and potential range of this species in the vicinity of the proposed pump station and trunk installation alignment, review these details in consideration of final engineering design plans, and if deemed necessary, to further discuss with the NYSDEC implementation of appropriate mitigation measures to protect the turtles. Appropriate mitigation measures, if warranted, may include: Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 14 the timing of construction to minimize impacts to this species during its breeding season • cordon off the construction area with fabric fencing or other suitable barriers to prevent turtles from entering the work area during construction near confirmed turtle habitat • cover all open trenches at end of workday to prevent turtles from falling into and being trapped in open trenches. The Lower Wappinger Creek has been designated as a Significant Coastal Fish and Wildlife Habitat by the New York State Department of State. Mitigation measures to protect surface water quality will also protect the aquatic flora and fauna of Hunters Creek, Wappinger Creek, and Sprout Creek in the areas of construction. The Town Board acknowledges that additional mitigations may be required by the NYSDOS and the NYSDEC as conditions for the issuance of wetlands or streambed and streambank disturbance permits. The Town shall provide for an on-site environmental monitor, and shall have authority to halt construction, will ensure that erosion control and stormwater management guidelines will be implemented as planned and designed. HUMAN RESOURCES 2.5 Transportation Transportation impacts of construction for 1 mgd transmission facilities will be limited to locations where proposed transmission lines will cross or are installed under roadways. There may be periods of brief disruption or delay of traffic during construction in these locations: • Route 9 between Old Hopewell Road and Myers Corners Road • Route 9D north of Hughsonville Road • Old Hopewell Road • Myers Comers Road • Intersection of All Angels Hill Road and Old Hopewell Road • Intersection of Spook Hill Road and Old Hopewell Road • Intersection of Myers Comers Road and Losee Road The project will not require the complete closing of roadways and/or redistribution of traffic onto adjacent roads. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 15 Temporary traffic disruption along roadways may be mitigated by the following measures: • Where street crossings may occur, one lane of traffic will be maintained; one lane will be backfilled and opened before a second lane is excavated. • All excavation will be substantially backfilled at the end of the working day and warning lights will be used. Repaving of streets will be required as soon as possible following the installation of pipe. • To the extent feasible, all sewer line construction in the vicinity of major transportation corridors will occur off the paved road, but within the Right -of - Way. • Construction of pipelines parallel to the traveled way will proceed in a manner which will maintain access to homes and businesses. All excavations will be refilled as soon as possible. In any case, work will progress at a rate to assure that at the end of the working day, all openings and structures are completed and backfilled. Temporary traffic plates will be used where necessary. Traffic flow will be regulated through the use of barriers, barricades, flagmen, traffic cones and temporary signage. Adequate notice of approaching delays will be provided to motorists, with suggested alternate routes, where appropriate. Watering of disturbed areas will be performed to minimize dust, when necessary in order to minimize dust. The Board finds that due to the fact that installation will occur in phases, possible disruption will be localized and there will be no town -wide traffic disruption. With the implementation of proposed mitigation measures, any adverse traffic impacts associated with construction will be temporary and mitigated to the greatest extent practicable. 2.6 Town Growth and Development If services are provided in the future to residential and non-residential areas so that existing property values are maintained, and resources and quality of life are appropriately protected, development will require 3.7 mgd of wastewater treatment. The reservation of delivery of up to a total 4 mgd to the TMSC Plant is determined to be appropriate, allowing for reasonable changes in land use, and common problems of infiltration and inflow of stormwater. This projection is based on a continuation of Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 16 current zoning and does not take into consideration unexpected major development proposals, general zoning revisions, nor the allowance for infiltration/inflow from groundwater and stormwater. Thus it is anticipated that the authorization of the Improvement and the reservation for provision of delivery of eventually 4 mgd per day to the Tri -Municipal Facilities is consistent with plans for this area of the Town of Wappinger. Further, it is determined by the Town Board that providing central sewer services by expanding TMSC transmission and wastewater treatment facilities to serve the proposed sewer Improvement is essential to the Town's further growth and development. Potential community service impacts that may result from development utilizing the wastewater transmission facilities in the proposed Improvement will be evaluated in more detail on a project by project basis as major new residential and non-residential developments are proposed and go through the local review process and SEQR review. Future development in the Town of Wappinger, is expected to be compatible with the policies and goals of both the Town of Wappinger Comprehensive Plan adopted in 1988 and the Plan for Dutchess County, DIRECTIONS, adopted in 1987. The Town's Comprehensive Plan strongly encourages the protection of the community's surface and groundwater resources through a coordinated and centralized system for providing water and sewerage services. The County's Land Use Plan also reinforces the need to achieve adequate water quality levels in the lower Wappinger Creek drainage basin, while at the same time promoting development in areas supported by central water and sewer services. Authorization of the Improvement and the centralization and the delivery of wastewater to the Tri -Municipal Sewer Plant will not have any direct immediate impact on land use and zoning within the 1 mgd service area, since this area is currently within either Wappinger Sewer Improvement #1 or Rockingham Farms Sewer District. However, the Improvement area will experience some growth currently vacant land located within these districts is developed. It is expected that there will be construction of residential dwelling units within these areas. The Board finds, however, that development of these vacant lands will proceed according to a recently completed comprehensive plan adopted by the Town of Wappinger in 1988 and consistent with regional plans such as "DIRECTIONS" recently completed for Dutchess County. The Town has also adopted on November 26, 1990, a revised Zoning Ordinance and also finds that possible development plans are consistent with zoning and other regulatory controls currently in place for this area. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 17 The Town of Wappinger may experience secondary growth impacts once centralized wastewater treatment services are extended to the proposed 3 mgd service area. Again, the Board finds that the extension of the transmission lines and provision of centralized wastewater treatment to the expanded area will make new development on vacant parcels possible at existing zoning densities. The Board finds that centralized wastewater treatment is consistent with the revised plan and zoning ordinance adopted by the Town of Wappinger on November 26, 1990. The Town Board recognizes that the eventual provision of centralized wastewater treatment to the expanded service area will be an essential element in the orderly growth and development for the Town of Wappinger. 2.7 Recreation Pipe line construction will run the length of Hunter's Creek through Reese Park. Reese Park is considered a nature conservatory and is not generally utilized for active recreational activities. The Town Board finds that the temporary nature of construction will mitigate any recreational disruption in Reese Park or possible disturbance near any other Town park areas. Land which is disturbed for construction will be reclaimed immediately following construction, and appropriate erosion control measures and revegetation plans will be followed. The Town Board recognizes that the demolition of the Oakwood Knolls treatment plant and the regrading and revegetation of this area offers the opportunity to develop an additional recreational area at this location. L2.8 Fiscal Impacts The construction of the wastewater facilities and the transmission lines will be financed through the issuance of general obligation bonds and will be borne by property owners within the expansion area. The different uses of the properties within the area will be assessed for the costs associated with debt repayment based on the benefit received for the service. In addition, a "tiered benefit structure" has been established to apportion benefits to properties within the 1 mgd and 3 mgd areas. Capital costs for transmission facilities will be pro -rated for properties within the 3 mgd area at 3/4 (75%) of the benefit unit cost to properties within the 1 mgd area since these properties will benefit from these facilities in this proportion. Properties in the 3 mgd area will not pay for plant expansion and transmission line installation in the 3 mgd area until service is extended to this area. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 18 Properties in the 1 mgd area will pay for the operation and maintenance of trunklines and pump stations within this service area. This cost will be on a user basis. Only those properties actually tied into the Tri -Municipal system and receiving wastewater treatment will pay for operation and maintenance of plant facilities. These costs will be assessed based upon use. The Town of Wappinger is currently exploring the feasibility of obtaining State assistance for Wastewater Treatment Work under the NYS Water Pollution Control Revolving Fund. This program would provide loans at below market rates for eligible water pollution control facilities, therefore mitigating the fiscal impact on property owners. The program is just beginning and all regulatory ramifications and procedures are not known at this time. The Town of Wappinger Expansion Project is listed on NYSDEC's Intended Use Plan, which is a prerequisite to apply with a high priority ranking which makes approval more feasible. The details of the program, and interest rate that the Town's borrowing would be subject to, are not known at this time. The Town of Wappinger will make its determination based upon the following considerations: The estimated interests costs and other financing considerations in comparison to those for the general obligation bond financing. The estimated increase in projects costs based upon the more stringent regulatory requirements possibly associated with NYSDEC assistance. The possible increases in project costs due to delays in the implementation of the NYS Water Pollution Control Revolving Fund and the acceptability of that time delay to the Town. If, upon consideration of the above factors, the Town Board believes that utilization of the New York State Water Pollution Control Revolving Fund will mitigate the financial impact on property owners in the Improvement by lowering the cost, it will direct its representatives to take the necessary steps to complete participation in the Fund. Other conditions which will mitigate the financial impacts of the Proposed Action are: 1. The projected costs per benefit unit are calculated based upon current existing users assuming that no growth will occur in the Improvement. This calculation is required by the NYS Division of Audit and Control in determining a designated area's ability to repay future debt. In this manner, the per unit costs are considered to be worst case estimates, because any growth within the defined expansion area will result in an increase in the number of benefit units within the area, commensurately reducing the per unit cost by dividing total costs by a larger number of users. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 19 2. Total costs are provided in nominal dollars, which means that there is no accounting for decreases over time in the value of money. It is accepted that one dollar in 1990 has greater value than one dollar in the year 2010. In "real' dollars (value calculated with an estimated rate of inflation accounted for), the cost of this project will be less than the cost estimated in the EIS. The reduction in total "real' costs of the project is dependent on the actual future inflation rate. 3. The costs resulting from the installation and maintenance of individual septic systems and/or small package wastewater treatment plants will be saved. The Town Board determines that the costs associated with the proposed expansion are necessary for the construction of the required facilities for wastewater treatment and collection. Further, the Town Board determines that the method of assessment of costs is equitable and appropriately balances the cost of service and benefit to be derived to various properties within the Improvement. The Town Board will continue to pursue opportunities to reduce the impact of these costs on taxpayers through the Water Pollution Control Revolving Loan Fund or other vehicles for financial assistance, should they become available. il To assure that property owners in the 3 mgd are deriving future benefits from the Improvement as anticipated in the allocation of costs, the Town Board has stated its intent to adopt a resolution directing Paggi and Martin to prepare a sewer facilities plan for the 3 mgd area upon authorization of the Improvement (scheduled for July 1991). The Board believes that this 3 mgd service area should become a reality for two basic reasons: 1) the failure of existing subsurface sewage disposal (septic) systems and poor soil adsorption capabilities of the area will necessitate a centralized sewage system, and 2) development pressure to turn rural land into populated residential and commercial areas will create the need for centralized sewage in that area. The report prepared for service to the 3 mgd will provide cost projections for this project, and will review these costs projections. If it is determined that sewer expansion in the 3 mgd area is too expensive, adjustments will be made to make the project realistic. Further, the Town Board has determined that it is not appropriate to include in project financing any surcharge to areas outside of Wappinger Sewer Improvement Area #1 for the use of any transmission facilities within that Improvement. The Town Board has made this determination after extensive research and concluded that none of the documents authorizing WSIA #1 provided for this arrangement. Earlier discussions and the former Town Board resolution of September 1975 when the then WSIA #2 was being formed did not envision the formation of the 4 mgd Improvement and the current Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 20 planned Improvement is substantially different from any plans made previously. The Board has further determined that based upon the original cost of the Spook Hill Trunk, the differential cost for enlarging that trunk to accommodate any additional flows, the useful life of the trunks and the depreciated value of that line (which has been existence for 18 years over a planned financial useful life of 20 years), the Board finds that the financial impact of assigning any additional costs to the users outside of WSIA #1 is impractical. The financial impact would be negligible, the administrative and legal mechanisms by which such a minor reimbursement would be accomplished would be unwieldy and not appropriate to the small amount of money that would be involved. 2.9 Cultural Resources 2.91 Archaeology Archaeological investigations were conducted in the immediate vicinity of the proposed transmission lines in the 1 mgd area. The recent archaeological investigation in the immediate vicinity of the proposed transmission line indicated there would be no impact from construction. In one area, around the Hunter's Creek Mill Foundations, resources were located in the vicinity of the Hughsonville Interceptor. It is not expected that construction will impact the Hunter's Creek Mill Foundations, however, appropriate mitigation measures will be identified during final design of the facilities: • Further definition and precise location of construction activities along Hughsonville Interceptor in relation to the foundation location and consultation with archaeologists • Realignment of interceptor to by-pass foundations, if determined necessary and appropriate • Monitoring and documentation of historic resources by certified archaeologists in foundation area, if avoidance is not feasible • Utilization of existing dirt road for construction equipment The presence of archaeological or historic resources throughout the 3 mgd area will be considered when construction is proposed for that area. Any potential impacts will be considered in further environmental review, which will be required when construction is proposed. The Town Board determines that with the implementation of mitigation measures detailed above, archaeological resources in the Town will be protected. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 21 2.92 Visual Construction will occur in stages, minimizing the overall visibility of construction. The following mitigation measures are proposed to minimize or eliminate specific visual impacts within the expansion area: Easement Areas: Disturbance will be kept to a minimum to lay the transmission network. Disturbance will generally not exceed a 40 foot width (30 foot wide permanent easement + 10 foot wide temporary construction easements). Disturbed areas will be reseeded immediately upon completion of construction. The demolition of the existing Oakwood Knolls and Rockingham Farms treatment plants will significantly improve the visual quality of these areas: The site of the Oakwood Knolls WTP will be graded and revegetated after the plant is demolished. A pump station will be constructed at the site of the Rockingham Farms WTP. The siting of the new pump station at the existing site of the Rockingham Farms WTP will take into consideration the importance of retaining the Sprout Creek viewshed area. Landscaping will be provided and maintained to screen the station. Fencing will also be installed that is unobtrusive and aesthetically compatible with the surroundings. The pump station itself will have a brick exterior. The Board finds that with the incorporation of these mitigation measures, there will be no long term impact on the visual resources of the Town of Wappinger. The visual quality of some locations, such as the location of the existing treatment plants, will improve. 2.93 Demolition of Oakwood Knolls and Rockingham Farms WTPs Prior to demolition of the Oakwood Knolls and the Rockingham Farms WTPs, all septage will be pumped down, removed and all wastewater treatment facilities properly disinfected, inspected and decommissioned. The existing wastewater transmission lines will be removed, as necessary, and tied into the new transmission trunklines. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 22 • All remaining on-site septage and sludge will be properly disposed of in accordance with the NYSDEC regulations and applicable permit requirements prior to demolition of the WTPs. • Removal of demolition debris will occur in a timely manner shortly after demolition and will be transported by NYSDEC-licensed haulers and properly disposed of in NYSDEC-approved landfill sites appropriate for such materials. • If asbestos -containing transite pipe is encountered during demolition work, it will be contained and disposed of in accordance with State regulations. Transite pipe is not considered to be friable (capable of breaking down and releasing asbestos fibers). Thus, the need for standard asbestos abatement and the following of removal regulations applicable to friable asbestos -containing materials (e.g., older hot water pipe and boiler insulation materials), is not considered necessary. However, reasonable caution and appropriate protocol will be used to remove, transport and dispose of transite pipe or any other potentially hazardous material that may be present at these WTPs. The site of the removed Oakwood Knolls WTP will be graded to conform with the topographic relief of the area and will be grassed and allowed to revegetate naturally. Other mitigation measures proposed to minimize temporary localized impacts on soil erosion and sedimentation, dust, noise, groundwater and wildlife are described elsewhere in this section. The Board finds that the proper demolition of the Oakwood Knolls and Rockingham Treatment Plants will have no adverse impact on these resources. 2.94 Segmentation The Lead Agency determines that the decision to proceed with the authorization of this Improvement and the consideration of the environmental impacts thereof, do not constitute a unacceptable segmented review. Information relative to the specific plans for transmission facilities for the 3 mgd expansion has not been developed fully at this time. It is therefore not possible to review the impacts of specific construction plans in this area, although generic impacts have been studied for the 3 mgd area. The 1 mgd and 3 mgd expansion areas are different geographic locations. The plans and economic feasibility of proceeding with the future 3 mgd phase is not known at this time. The project is planned in such a manner to allow for adjustments and appropriate mitigation when plans are fully developed. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 23 The provision of service to the 3 mgd area is functionally independent of the current phase. Most substantially, the expansion of the treatment plant will take place in phased components. The expansion of the plant for 1 mgd bears no relationship to the additional expansion that will be necessary for the 3 mgd area. All aspects of the 1 mgd expansion will operate independently of the 3 mgd function. When 85% of the design flow for the 1 mgd has been achieved, the Town of Wappinger will authorize an engineering study to determine requirements for plant expansion. At such time as treatment plant expansion is planned, it will be subject to further environmental review by the Lead Agency. There is no inducement in the building of the 1 mgd phase which would cause the 3 mgd phase to be built. Transmission facilities constructed in the 1 mgd area will be sized to accept future flows, should those flows occur, however, the location of these facilities does not in any way determine or limit the location of transmission facilities in the 3 mgd expansion area. The Town Board will authorize a Map Plan and Report for the provision of transmission facilities. At such time as this is prepared, it will be subject to an environmental review. This environmental review would address the site specific impacts of location of transmission facilities and will address alternative possibilities. Therefore, it will be no less protective of the environment. The Town Board concludes that it has considered the generic impacts that might result from future service to the 3 mgd, has identified this phase and issues which must be studied in the required environmental review. 2.960 Alternatives The Lead Agency recognizes that a separate environmental review has been conducted by the Tri -Municipal Sewer Commission to assess impacts of the expansion of the treatment plant and related facilities and is satisfied that this review is not an unacceptable segmentation and is fully protective of the environment. The proposed action was developed after a substantial study of a variety of alternative plans to treat wastewater for the Town of Wappinger. These plans include various engineering studies discussed in great detail and referenced in the Environmental Impact Statement. They include alternatives analyzed in detail by Saratoga Associates in a Draft, Supplemental and Final Generic Environmental Impact Statement prepared in 1988 specifically for the purpose of identifying the preferable wastewater treatment option for the Town of Wappinger. The result of these studies were contained in the Findings Statement of October 5, 1988 which concluded that the Tri -Municipal Wastewater Treatment Expansion is the preferred solution to the long term needs of the wastewater collection for Town of Wappinger. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 24 The Town Board further studied alternative methods of implementing the authorization of the Improvement and transmission of wastewater to TMSC. These alternatives were studied in this EIS and included: • No action • Alternative Phasing • Construction of all transmission facilities to treat 4 mgd all at once • To authorize the Improvement for 1 mgd only • Utilization of the New York State Water Pollution Control Revolving Fund • Design of trunk lines to avoid all wetlands and environmentally sensitive areas The Town Board, as lead agency, recognizes that the No Action alternative would mean an unacceptable violation of the Consent Judgement against the Town. If the agreement with Tri -Municipal Sewer Commission were not concluded, the Town Board recognizes that it would be required to bring the Oakwood plant into conformance with DEC requirements by implementing one of the alternatives addressed by the Saratoga Associates study conducted in 1988 and resulting in the Findings Statement of 1988. It has been determined that any of these alternatives are less preferable than the current plan and would have greater environmental impacts than the proposed plan. When considering alternatives, the Board took the following factors into consideration. Alternative Phasing: Authorizine an Imvrovement for 1 med Onlv Various studies of the need for central wastewater treatment have been conducted throughout the Town. Need has been documented within the 3 mgd area as well as the 1 mgd area. Authorization of an Improvement addresses the possibility of authorizing an Improvement to treat a maximum 1 mgd of wastewater. This Improvement would address only the immediate need to relieve the improperly functioning Oakwood Knolls and Rockingham Farms areas and a small unsewered area. It would not address the long term needs of the Town, particularly those of the large unsewered areas. This alternative would mitigate the short-term financial impact of this action outside the 1 mgd area by not including the cost of construction to provide facilities properly sized to accommodate future service area flow. There would be no immediate cost at all and the 3 mgd area would not be included in the repayment schedule shown in Table 5-1. However, the financial impact on property owners in the 1 mgd area would increase since there would be no sharing of costs for the trunklines. L ti Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 25 In the long term the financial impact would be significantly greater in the 3 mgd area with this alternative when the Town's development plans eventually required sewers for this area. Authorizing an Improvement and treating for 4 mgd Immediately This alternative would mitigate the short-term financial impact of this action outside the 1 mgd area by not including the cost of construction to provide facilities properly sized to accommodate future service area flow. There would be no immediate cost at all and the 3 mgd area would not be included in the repayment schedule shown in Table 5-1. However, the financial impact on property owners in the 1 mgd area would increase since there would be no sharing of costs for the trunklines. In the long term the financial impact would be significantly greater in the 3 mgd area with this alternative when the Town's development plans eventually required sewers for this area. As illustrated in Section 5.600, development according to current and proposed land use plans and zoning anticipates sewers at some time. When this occurs, the trunklines would not be appropriately sized, thus requiring new installation of approximately 10 miles of trunkline at significant cost. The entire 4 mgd Improvement has been created by following natural drainage areas. Thus, all the sewage from the 3 mgd would most readily use the same route for trunklines to transport wastewater to the TMSC plant. Therefore, reinstallation of additional or larger pipe in the same trenches at a later date would be necessary to provide service to the 3 mgd area. This is a completely unnecessary expense and environmental disruption when it is currently possible to efficiently provide for such future needs. The Lead Agency has considered the possibility of authorizing an Improvement and immediately designing and constructing all the transmission facilities to collect the wastewater for the entire 4 mgd area. There would be no tiered assessment system and all property owners would be assessed for the full cost of the new facilities. If plans were immediately initiated for the whole area, more time would be required for this task. Consequently, there would be a delay in construction for the initial 1 mgd due to the additional design tasks to plan the trunklines and collectors. The delay would mean that the Town could not adhere to the schedule established in the Consent Judgement. Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 26 Utilization of New York State Water Pollution Control Revolving Fund The Lead Agency has determined that to help finance the capital cost of the facilities to be constructed with this Improvement, the Town of Wappinger will consider using the State Water Pollution Control Revolving Fund. The Lead Agency believes that the application of this alternative financing may have a mitigating effect on the financial impact to the taxpayers in the Town of Wappinger and the Town Board commits to further investigation of this Fund. The Town Board will make its decision to participate based upon the specific savings which may be obtained as compared to a potential increased administrative costs which may be associated with utilization of the New York State Water Pollution Control Revolving Loan Fund. Alternative Transmission Ali nmen s The Town Board has considered an alternative alignment along Middlebush Road for the Hughsonville Interceptor in order to minimize impacts to natural resources, specifically streams and wetlands. The Board had determined that this alternative alignment is less preferable than the preferred alignment of the trunk for the following reasons: Installation of the proposed trunkline along this route would necessitate excessive cuts, most likely requiring the use of blasting techniques. Cuts of this order would most likely encounter bedrock, thus making excavation more costly and difficult. Installation of the proposed trunkline would require the following cuts: Depth of Cut Length of Excavation > 40 Feet 150 Feet 30 - 40 Feet 1,350 Feet 20 - 30 Feet 1,500 Feet 10 - 20 Feet 2,000 Feet < - 10 Feet 1,000 Feet Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 27 Cuts of the magnitude required for pipe installation along Middlebush Road would most likely be below the water table elevation. This situation allows for the possibility of degradation of groundwater quality and quantity, as well as re- direction of groundwater flow patterns. In addition, concentration of construction generated runoff along pavement surfaces and roadside ditches could intensify erosion and siltation impacts to surficial drainage channels and water courses locate within the Middlebush Road area, as well as re -direction of surface water flow patterns. The inherently negative impacts to air quality generated by heavy highway construction would be intensified under the Middlebush Road option, due to the probable increase in construction time. In addition, this option would occur in close proximity to certain "sensitive receptors" in the community (ie: Evans Elementary School, Wappinger Junior High School, Randolph School, Town Hall). The excessive depth of cuts required under this option would necessitate excavation of a wide trench. This could require the removal of roadside vegetation, which presently acts as screening and buffer material. The undertaking of this option would result in extended disruption of the Myers Corners/Middlebush Road area, a major Town traffic corridor. Temporary negative impacts associated with local traffic patterns would include increased volume, a shift in vehicular mix from primarily passenger cars to more heavy duty truck traffic, decreased intersection level of service with increased waiting time at busy intersections (ie: Routes 9 and 9D and Middlebush Road), and disruption or elimination of pedestrian traffic. In addition, utilization of the Middlebush Road option would temporarily decrease access to local schools, businesses, emergency, and community services. The extensive excavation required could endanger the continued operation of existing community service utilities located within the Middlebush Road right-of- way. The undertaking of this option would intensify the inherently negative impacts to visual resources generated by heavy highway construction by relocating work to a more accessible more heavily travelled area. Associated construction work would also result in elevated noise levels (ie: equipment, blasting) in locally sensitive areas (ie: schools). Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 28 The Town Board finds that the increased cost of the additional excavation, use of specialized construction techniques, blasting and longer construction period would be an unacceptable increase in financial impact of this project. Further, the lead agency determines that in addition, operation and maintenance costs would increase as a result of excessive depths of trunk line installation. In addition, the Town Board recognizes that with the use of the Middlebush Road option, extension of future transmission facilities in the 3 mgd area would be increased in expense. These lines would be required to be longer. Further, the installation of gravity sewer would likely result in impact to the streams and wetlands avoided with the Middlebush Road alternative. The Town Board finds that among on the alternatives considered, the proposed plan, with the possible utilization of the NYS Water Pollution Control Revolving Fund minimizes environmental impacts to the maximum extent practicable. It recognizes the possibility of future mitigation by use of the NYS Water Pollution Control Revolving Loan Fund and commits to the further investigation and consideration of this financial option. BE IT FURTHER RESOLVED, that having considered the draft and final EIS and having considered the preceding facts and conclusions relied upon to meet the requirements of 6 NYCRR Part 617, the Board certifies that: Requirements of 6 NYCRR have been met; and 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the environmental impact statement; and 3. Consistent with social, economic and essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decisions those mitigative measures which were identified as practicable; and Findings for Authorization of a Sewer Improvement and Agreement with Tri -Municipal Sewer Commission Page 29 4. Pursuant to Section 617.19(i) a copy of this Findings Statement shall be filed with all involved agencies and the applicant. LW -1% Seconded by: Robert Valdati The votes were as follows: Constance Smith, Supervisor -Aye,- Robert rgRobert Valdati -Aye,- Joseph yeJoseph Incoronato Aye Victor Fanuele -Aye,- June yeJune Visconti Aye Ayes 5 Nays 0 Date: March 11, 1991 Whereupon the resolution was declared adopted by the Town Board of the Town of Wappinger. Vr - At a Special meeting of the Town Board of the Town of Wappinger, Dutchess County, held at the Town Hall, 20 Middlebush Road, in Wappinger Falls, New York in said Town, on the 11th day of March , 1991, at 7:00 o'clock p M., Prevailing Time. PRESENT: CONSTANCE 0. SMITH Supervisor VICTOR L. FANUELE Councilman JOSEPH INCORONATO Councilman ROBERT VALDATI Councilman JUNE VISCONTI Councilman ------------------------------------- In the Matter of ' a Proposed Sewer Improvement in the ' Town of Wappinger, Dutchess County New York, pursuant to Article 12-C ' of the Town Law to be known as ' Wappinger Sewer Transmission/ ' Treatment Improvement Area ' --- ------------------------------- PUBLIC INTEREST RESOLUTION WHEREAS, a map, plan and report, including an estimate of cost, have been duly prepared 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 and installation of proposed sewer improvements in said Town to serve a benef itted area in said Town, to be known as Wappinger Sewer Transmission/Treatment Improvement Area; and 0 n -2- WHEREAS, said map, plan and report have been prepared by Paggi and Martin of Poughkeepsie, New York, competent engineers 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 improvements proposed for said Wappinger Sewer Transmission/Treatment Improvement Area consist of the construction of transmission facilities, to be used in combination with existing sewer trunk lines, for the purpose of delivering sewage within Phase One of the proposed Improvement Area to the existing Tri -Municipal Pumping Station located in the. Village of Wappingers Falls for further transmission through existing and proposed facilities to the Tri -Municipal Wastewater Treatment Facility, and the construction of an addition to the Tri -Municipal Wastewater Treatment Facility, for the purpose of treating sewage generated, initially, from Wappinger Sewer Improvement Area No. l and the Rockingham Farms Sewer District with future expansion that will, ultimately, treat sewage generated from the entire Wappinger Sewer Transmission/Treatment Improvement Area, as more fully described in the aforementioned map, plan and report; and WHEREAS, the Wappinger Sewer Transmission/Treatment Improvement Area, 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 i 0 IM L -3- WHEREAS, the maximum estimated cost proposed to be expended for such improvements is $17,020,000; and WHEREAS, the proposed method of financing for the aforesaid maximum estimated cost shall consist of the issuance by the Town of its serial bonds with a maximum maturity not in excess of forty years; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Wappinger Sewer Transmission/Treatment Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Improvement Area, which the Town Board shall determine and specify to be especially benefitted by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; 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 environmental consequences of which have not yet been determined; and WHEREAS, the Town Board of the Town of Wappinger duly adopted an Order on November 26, 1990 calling a public hearing upon said map, plan and report and estimate of cost and the -4 - question of providing proposed sewer improvments to serve a benefitted area in said Town to be known as Wappinger Sewer Transmission/Treatment Improvement Area, as more fully described herein, such public hearing to be held on the 14th day of January, 1991, at 7:30 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 Sewer Transmission/Treatment Improvement Area, subject to the approval of the State Comptroller; NOW, THEREFORE, 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 and to make the sewer improvements hereinbefore and hereinafter described and such sewer improvements are hereby authorized. The proposed area I -5- hereby determined to be benefitted by said Wappinger Sewer Transmission/Treatment Improvement Area is bounded and described as set forth in Appendix A annexed hereto and made a part hereof. Section 2. The improvements proposed for said Wappinger Sewer Transmission/Treatment Improvement Area shall consist of the construction of transmission facilities, to be used in combination with existing sewer trunk lines, for the purpose of delivering sewage within Phase One of the proposed Improvement Area to the existing Tri -Municipal Pumping Station located in the Village of Wappingers Falls for further transmission through existing and proposed facilities to the Tri -Municipal Wastewater Treatment Facility, and the construction of an addition to the Tri -Municipal Wastewater Treatment Facility, for the purpose of treating sewage generated, initially, from Wappinger Sewer Improvement Area No. 1 and the Rockingham Farms Sewer District with future expansion that will, ultimately, treat sewage generated from the entire Wappinger Sewer Transmission/Treatment Improvement Area, as more fully described in the aforementioned map, plan and report, at a maximum estimated cost for such improvements of $17,020,000. Section 3. It is hereby determined that the method of financing for the aforesaid maximum estimated cost shall consist of the issuance by the Town of its serial bonds with a maximum maturity not in excess of forty years, and bond anticipation notes issued in anticipation of said serial bonds. 9M. Section 4. It is hereby further determined that the cost of the aforesaid improvements shall be borne by the real property in said Wappinger Sewer Transmission/Treatment Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Improvement Area, which the Town Board shall determine and specify to be especially benefitted by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable. Section 5. It is hereby further determined that all of the cost of the aforesaid improvements shall be borne wholly by property within the Wappinger Sewer Transmission/Treatment Improvement Area, and that no cost thereof shall be borne by the entire area of the Town outside of any village. Section 6. Pursuant to subdivision 13(b) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to file a certified copy of this 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, such application to be executed and -7- LO by the Supervisor and to be completed in the form and to contain such information as shall be prescribed by the State Comptroller. Section 7. 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, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvements. Section 8. This resolution shall take effect immediately. 41-V17d-I'v PROPOSED IMPROVEMENT AREA BOUNDARY MAP AND LOT DESCRIPTION I DISTRICT BOUNDARY DESCRIPTION PROPOSED WAPPINGER SEWER TRANSMISSION DISTRICT Beginning at a point, said point being the southwesterly corner of lands now or formerly Dutchess County, Liber 1531, Page 536; thence running northeasterly along the lands now or formerly Dutchess County, Liber 1531, Page 536, 940* feet to the point, said point being the southwesterly corner of lands now or formerly Ioppole, Liber 1437, Page 113; thence running northwesterly and northeasterly along Lands now or formerly Ioppole, Liber 1437, Page 113, 387* feet to a point said point being the southwesterly corner of Lands now or formerly Crane, Liber 1788, Page 794; thence running northeaste'rl'y ­and northwesterly along lands now or formerly Crane, Liber 1788, Page 794, 1203* feet to a point, said point being the southwesterly corner of lands now or formerly O'Conner, Liber 1092, Page 659, 138* feet to a point said point being the southeasterly corner of lands now or formerly Reimer, Liber 1243, Page 633; thence running northwesterly along the lands now or formerly Reimer, Liber 1243, Page 633, 190* feet to a point said point also being on the easterly line of Osborne Hill Road; thence running in a northwesterly direction crossing said Osborne Hill Road thence running in a northwesterly direction crossing said Osborne Hill Road to a point said point being on the westerly line of said Osborne Hill Road, and also being a point on the easterly line of Fleetwood Condominiums; then running southwesterly along the lands of Fleetwood Condominiums, and the westerly line of said Osborne Hill - 1 - Road 250± feet to a point said point being the northeast corner of Lot C, File Map No. 2956; thence running southwesterly along lots C, B, and A, File Map No. 2956, and along the westerly line of Osborne Hill Road 303± feet to the southeasterly corner of Lot A of Filed Map No. 2956, and a point on the :westerly line of Osborne Hill Road; thence running southwesterly crossing said Fleetwood Drive to a point said point being the intersection of the southerly line of Fleetwood Drive and a point'on the westerly line of Osborne Hill Road, said point also being the northeasterly corner of lands now or formerly DuBois, Liber 1073, Page 468; thence running northwesterly along lands now or formerly DuBois, Liber 1073, Page 468, and the southerly line of Fleetwood Drive 180± feet to a point; said point being the northeasterly corner of lands now or formerly Huron, Liber 1683, Page 622; thence running northwesterly, southwesterly, and southeasterly along the lands of now or formerly Huron, Liber 1683, Page 622, 543± feet to a point, said point being the southeasterly corner of lands now or formerly Huron, Liber 1683, Page 622 and also being the northeasterly corner of Lot No. 11, File Map No. 2956; thence running southwesterly along Lot No. 11, File Map No. 2956, 96.7± feet to a point said point being the northwesterly corner of Lot No. 12, 101± feet to a point, said point being the northeasterly corner of the - 2 - Lot No. 12, File Map No. 2956; thence running southwesterly along the lands of Lots 12 and 13, 200± feet to a point, said point being the southwest corner of lands now or formerly Kellermann, Liber 1314, Page 046, also being a point in the easterly line of Lot No. 13, File Map No. 295; thence running southeasterly along the line of Lot No. 13, 23± feet to the southwest corner of Lot No, 13, File , Map No. 2956; thence running southwesterly along the line of Lots 13, 14, 15, 1, 2, 3, 4, 5, 6, 7, and Lot No. 8, 1287± feet to the southeast corner of Lot No. 8, File Map No. 2956; thence running northwesterly along the lines of Lots 8, 9, 10, 11, 16, 15, 14, 13, 12, and Lot No. 11, File Map No. 2956, 1167± feet to a point, said point being the southwesterly corner of lands now or formerly Osborne, Liber 1432, Page 772; thence running northwesterly along lands of Osborne,. Liber 1432,. Page 772, 1040± feet to a point said point being the southwesterly corner of lands now or formerly (Death Certificate 03-12-1984) Colwenberg, 860± feet to a point, said point being the southwesterly corner of lands now or formerly Becker, Liber 1621, Page 173; thence northwesterly along lands now or formerly Becker, Liber 1621, Page 173, 390± feet to a point said point being at the southwesterly corner of lands now or formerly Gobbi, Liber 815 Page 073; thence running northwesterly along the lands of Gobbi, Liber 315, Page 073, 200± feet to a point, said point being in the southerly line of Lot No. 3, File 3 - Map No. 7275; thence running southwesterly along the lands of Lot No. 3, 1460± feet to a point said point being the southwest corner of Lot No. 3, File Map No. 7275; thence running northwesterly along the lands of Lot No. 3, File Map No. 7275, 480± feet to a point, said point being the southwest corner of Lot No. 1, File Map No. 7275; thence running northwesterly along the Lands of Lot No. 1 File Map No. 7275, 460± feet to a point said point being the southwesterly corner of Lands now or formerly Pacilli, Liber 1215, Page 798; thence running northwesterly along the lands now or formerly Pacilli, Liber 1215, Page 798, 1000± feet to a point said point being the southwest corner of lands now or formerly Schouten, Liber 770, Page 099; thence running northwesterly along the lands of now or formerly Schouten, Liber 770, Page 099, 144± feet to a point said point being at the southwest corner of lands now or formerly Kusukawa, Liber 1225, Page 847; thence running northwesterly along the lands of now or formerly Kusukawa, Liber 1225, Page 847, 760± feet to a point said point being on the southerly line of lands now or formerly Central Hudson Gas and Electric Corporation, Liber 631, Page 4.80; thence running northwesterly along the lands of Central Hudson Gas and Electric Corporation, Liber 631, Page 480, 385± feet to a point said point being the southwest corner of lands now or formerly LaPane, Liber 1705, Page 461; thence running along - 4 - the lands now or formerly LaPane northwesterly, Liber 1705, Page 461, 660± feet to a point, said point being the northwest corner of lands now or formerly LaPane, Liber 1705, Page 461;.thence northeasterly along the lands now or formerly LaPane, Liber 1705, Page 461, 1140± feet to a point said point being the southeast corner of lands now or formerly Reese, Liber 441, Page 177; thence running northwesterly along the lands of Reese, Liber 441, Page 177, 883± feet to a point said point being the southeast corner of lands now or formerly Reese, Liber 441, Page 177; thence running northwesterly along the lands of now or formerly Reese, Liber 441, Page 177, 39.0± feet to a point said point being the southwest corner of lands now or formerly Reese, Liber 441, Page 177, said point also being on the easterly line of Route 9D; thence running northeasterly along lands now or formerly Reese and the easterly line of Route 9D 500± feet to a point on the easterly line of Route 9D; thence running northwesterly crossing said Route 9D to a point said point being the southeast corner of lands now or formerly Walz, Liber 1701, Page 040; thence running northwesterly along the lands of Walz, Liber 1701, Page 040, 230± feet to a point said point being the southeast corner of lands now or formerly Reese, Liber 441, Page 177; thence northwesterly along lands of now or formerly Reese, Liber 441, Page 177, 840± feet to the southwest corner of lands now or formerly Reese, Liber 441, Page 177; thence continuing northeasterly - 5 - along said lands Reese, Liber 441, Page 177, 1600t feet to a point said point being at the southwest corner of lands now or formerly D'Amico, Liber 1647, Page 084; thence running northeasterly along lands now or formerly D'Amico, Liber 1647, Page 084, 194± feet to a point said point being the southwest corner of lands now or formerly Zoich, Liber 1035, Page 006; thence running northeasterly along the lands of now or formerly Zoich, Liber 1035, Page 006, 227± feet to a point said point being the southwest corner of lands now or formerly Goins, Liber 1232, Page 186; thence running northeasterly along lands now or formerly Goins, Liber 1232, Page 186, 150± feet to a point said point being the northwest corner of lands now or formerly Goins and also being a point on the southerly lie of New Hamburg Road; thence running southeasterly along the southerly said New Hamburg Road and along lands now or formerly Goins, Liber 1232, Page 186, 100± feet to a point said point being the northeast corner of lands now or formerly Goins and a point on the southerly side of said New Hamburg Road; thence running northeasterly crossing said New Hamburg Road to a point said point being the -northwest corner of lands now or formerly Thomas, Liber 1609, Page 788; thence running northeasterly along the lands of Thomas, Liber 1609, Page 788, 573± feet to a point, said point being the northeast corner of lands now or formerly Thomas, Liber 1609, Page 788; thence running southeasterly along lands now or formerly Thomas, Liber 1609, Page 788, 221± feet to a point said point being the southeast corner of lands now or formerly Thomas, Liber 1609, Page 788 and the northeast corner of lands now or formerly Schlay, Liber 628, Page 330; thence running southeasterly along lands of Schlay, Liber 628, Page 330, 40± feet to a point said point being the northwest corner of lands now or formerly Newman, Liber 1400, Page 614; thence running northeasterly along lands now or formerly Newman, Liber 1400, Page 614, 80± feet to a point said point being the northwest corner of lands now or formerly Petrillo Liber 1297, Page 0372, 90± feet to a point said point 'cei ng the north,.•rest corner of lands now or formerly Parker, Liber 1747, Page 492; thence running northeasterly along lands now or formerly Parker, Liber 1747, Page 492, 150± feet to a point said point being the northwest corner of lands now or formerly Chadik, Liber 1609, Page 242; thence running northeasterly along lands now or formerly Chadik Liber 1747, Page 242, 100± feet to a point said point being the northwest corner of lands now or formerly Rogoyski, Liber 1542, Page 739; thence running along lands now or formerly Rogoysk-i., Liber 1542, Page 739, 223± feet to a point said point being on a southerly point of lands now or formerly Secor, Liber 1369, Page 276; thence running southeasterly along lands of now or formerly Secor, Liber 1369, Page 276, 78± feet to a point, said point being - 7 - a point on the southerly line of Secor, Liber 1369, Page 276 and also being a point on the westerly line of Marlorville Road; thence running along the lands now or formerly, Liber 1369, Page 276,and the westerly line of said Marlorville Road 194± feet to a point, said point being at the southeast corner of lands now or formerly Secor, Liber 1369, Page 276 and on the westerly line of said Marlorville Road; thence running southeasterly crossing said Marlorville Road to a point said point being on the easterly line of said Marlorville Road and said point also being the southwest corner of lands now or formerly Tompkins, Liber 1462, Page 428; thence running southeasterly along lands now or formerly Tcmpk_ns, Liber _40'2, Page 423, 311± feet to a point, said point being the northwest corner of lands now or formerly Reese, Liber 1213, Page 243; thence running northeasterly along lands now or formerly Reese, Liber 1213, Page 243, 690± feet to a point said point being on the southerly line of lands now or formerly. Reese, Liber 1233, Page 817; thence running northwesterly along lands now or formerly Reese, Liber 1233, Page 817, 1680± feet to a point said point being on the southerly line of lands now or formerly Rey, Liber 978, Page 401; thence running northeasterly along lands of Rey, Liber 978, Page 401, 100± feet to a point said point being the southeasterly corner of lands now or formerly Rey, Liber 978, Page 401; thence �t , running northwesterly along lands now or formerly Rey, Liber �1_ 978, Page 401, 200± feet to a point said point being the northeast corner of lands now or formerly Rey, Liber 978, Page 401; thence running southwesterly along lands now or formerly Rey, Liber 978, Page 401, 100± feet to a point, said point being on the southerly line of lands now or formerly Reese, Liber 1233, Page 811; thence running northwesterly along lands now or formerly Reese, Liber 1233, Page 817, 370± feet to a point said point being the southwest corner of lands now or formerly Reese, Liber 1233, Page 817, and said point also being on easterly line of Creek -Road; thence running northeasterly along lands now or formerly Reese 3:nd along the easterly line of said Creek Road 643± feet to a point said point being the southwest corner of lands now or formerly Reese, Liber 1252, Page 540 and also on the easterly line of said Creek Road; thence northeasterly along lands now or formerly Reese, Liber 1252, Page 540 and along the easterly line of said Creek Road 100 feet to a point, said point being the southwest corner of lands now or formerly Town of Wappinger, Liber 412, Page 012 and also being a point on the easterly side of said Creek Road; thence running northeasterly along lands now or formerly Town of Wappingers and the easterly side of said Creek Road 680± feet to a point said point being the southwest corner of lands now or formerly Lupparelli and also being on the easterly line of said Creek Road; thence MM 8 northeasterly along lands now or formerly Lupparelli and said Creek Road 235± feet to a point said point being the northwesterly corner of now or formerly Lupparelli and a point on the easterly line of said Creek Road; thence southeasterly along lands of now or formerly Lupparelli to a point said point being the northwest corner of lands now or formerly Town of Wappingers, Liber 412, Page 012 and on the southerly line of now or formerly Village of Wappingers Falls; thence southeasterly along lands now or formerly Town of Wappingers, Liber 412, Page 012 and the southerly line of said now or formerly Village of Wappingers Falls, Liber 412, Page 012, 1180± feet to a point, said point being on the southerly line of said '_ands of now or formerly Village of Wappingers Falls, Liber 412, Page 012, and a point in the lands now or formerly Meyers, Liber 525, Page 247; thence running southeasterly along the southerly line of now or formerly Village of Wappingers Falls, Liber 412, Page 012, and through the lands of now or formerly Meyers, Liber 525, Page 247 and lands now or formerly VonBurg, Liber 1554, Page 704, to a point said point being in the southerly line of now,or formerly Village of -Wappingers, Liber 412, Page 012, and a point in the lands of now or formerly VonBurg, Liber 1554, Page 704; thence running northeasterly 4601 feet through the lands now or formerly VonBurg, Liber 1554, Page 704, crossing South Avenue, through the following lands now - 10 - or formerly LeGuillou, Liber 914, Page 536, now or formerly Amoia, Liber 1261, Page 071, now or formerly Latino, Liber 1657, Page 489 and now or formerly Jennings, Liber 1282, Page 439 to a point, said point being on the southerly line of lands now or formerly Village of Wappingers Falls, Liber 412, Page 012, and also on the westerly line of Adams Street; thence running northeasterly 345.* feet crossing said Adams Street and running through the following lands now or formerly Harlin, Liber 880, Page 431, now or formerly Ruger, Liber 1697, Page 344, now or formerly Lopez, Liber 1697, Page 344 and now or formerly Lopez, Liber 1086, Page 060 to a point, said point being in the southerly line of the Vil nage of '..'ap-oi ager s Fal --s and also on L e westerly __re of Ingalls Street; thence running northeasterly 330.* feet crossing said Ingalls Street and running through the following lands now or formerly Menconeri, Liber 1371, Page 761, now or formerly Menconeri, Liber 1371, Page 767 and now or formerly Wappingers Central School District to a point, said point being on the southerly line of Maple Street, also on the southerly line of now or formerly Village of Wappingers Falls and also being a point in the northerly line of Wappingers Central School District; thence running southeasterly along the southerly line of said Maple Street and along the northerly line of lands now or formerly Wappingers Central School District 560± feet to a point, said point being on the southerly line of Village of Wappingers Falls and on the westerly line of now or formerly Wappingers Central School District; thence running northeasterly along the southerly line of now or formerly Village of Wappingers Falls, and the westerly line of said now or formerly Wappingers Central School District, 385± feet to a point said point being the northwest corner of lands now or formerly Wappingers Central School District and the southerly line of said now or formerly Village of Wappingers Falls; thence running southeasterly along the southerly line of said now or formerly Village of Wappingers Falls 535± feet to a point, said point being the northeast corner of lands now or formerly Wappingers Central School District and :;eirg a point on the westerly line of lands now or formerly Town of Wappingers, Liber 1290, Page 905; thence running northeasterly along lands now or formerly Town of Wappinger, Liber 1290, Page 905 and along the southerly line of now or formerly Village of Wappingers Falls 240± feet to a point; said point being the southwest corner. of lands now or formerly Dean, Liber 1393, Page 300 and also on the southerly line of said Village of Wappingers Falls; thence running northeasterly along -lands now or formerly Dean, Liber 1393, Page 300 and said Village of Wappingers Falls 378± feet to a point said point being the southwest corner of lands now or formerly Dean, Liber 1283, Page 453 and a point on the southerly line of said Village of Wappingers - 12 - Falls; thence running northeasterly through the lands now or formerly Dean. Liber 1283, Page 453, now or formerly Tomazin, Liber 1626, Page 717 and along the southerly line of now or formerly Village of Wappingers Falls 455± feet to a point; said point being on the southerly line of now or formerly Village of Wappingers Falls and also being on the westerly line of Old Route 9; thence running northeasterly crossing said Old Route 9 through the lands of now or formerly Bredline, Liber 1554, Page 182, and now or formerly Grimswal, Liber 1400, Page 276, 300± feet to a point, said point being on the southerly line of said now or formerly Village of Wappingers Falls and also being a point in the lands Page 276; thence running southeasterly through the lands now or formerly Grimswal, Liber 1400, Page 276, and crossing Route 9, 280± feet to a point said point being on the easterly line of Route 9, being on the southerly line of said Village of Wappingers Falls and also being the northwest corner of lands now or formerly Greer, Liber 1671, Page 523; thence running southeasterly along said lands of now or formerly Greer, Liber 1671, Page 523, 465± feet to a point, said point being the northwest corner of lands now or formerly Greer, Liber 1744, Page 169, and also being on the southerly line of said now or formerly Village of Wappingers Falls; thence running southeasterly along lands now or formerly Greer, Liber 1744, Page 169 and now or formerly Village of Wappingers Falls - 13 - 194± feet to a point said point being the northeast corner of lands now or formerly Greer, Liber 1744, Page 169 and also being on the southerly line of'Village of Wappingers Falls; thence running southeasterly along lands now or formerly Greer, Liber 1744, Page 169, 671± feet to a point, said point being a point on the easterly line of Wappingers Falls Plaza, Liber 1613, Page 001 and also being on the southerly line of said Village of Wappingers Falls; thence running southeasterly along lands now or formerly Wappingers Falls Plaza, Liber 1613, Page 001, 440± feet to a point said point being the southeast corner of lands now or formerly Wappingers Falls Plaza, Liber 1613, Page 001, said point also being on the northerly _ine of Meyers Corners Road and the southerly line of said Village of Wappingers Falls, 935± feet to a point, said point being to southwest corner • of lands'now or formerly Berens, Liber 1458, Page 832, the northerly line of said Meyers Corners Road and the southerly line of said now or formerly Village of Wappingers Falls; thence running northwesterly along lands now or formerly Berens, Liber 1458, Page 832, 201± feet to a point said point being the southwest corner of lands now or formerly Berens, Liber 1458, Page 832 and the easterly line of said now or formerly Village of Wappingers Falls; thence running northerly along lands of now or formerly Berens, Liber 1458, Page 832, 2265± feet to a point, said point being. the - 14 - L southwest corner of lands now or formerly Cranberry Hills, Liber 1746, Page 501 point also being on the easterly line of said Village of Wappingers Falls; thence running northwesterly, leaving said Village of Wappingers Falls and running along the lands now or formerly Cranberry Hills, Liber 1746, Page 501, 2115± feet to a point, said point being on the -westerly line of said Cranberry Hills, Liber 1746, Page 501 and to southerly line of Cedar Lane; thence running northeasterly along the southerly line of Cedar Lane 76± feet to a point, said point being on the southerly line of said Cedar Lane and on the westerly line of said Cranberry Hills, Liber 1746, Page 501; thence running along the _an -ds - o_ C_ an b c:_. r ' ? g courses d �=� �-� "1 _ �_..e 'ol cw.r ses an distances; southerly easterly 207± feet southeasterly 96± feet, northeasterly 440± feet, northwesterly 835± feet, northeasterly 261± feet, northwesterly 88± feet and northwesterly 210± feet to a point, said point being on the northerly line of said Cranberry Hills, Liber 1746, Page 501 and being on the southerly line of Widmer Road; thence running northeasterly along the southerly line of Widmer Road and the northerly line of Cranberry Hills, Liber 1746, Page 501, 180± feet to a point; thence leaving said Widmer Road and running along the northerly line of Cranberry Hills, Liber 1746, Page 501 the following courses and distances; southeasterly 235± feet, northeasterly 65± feet, southeasterly 25± feet, northeasterly 276± feet, - 15 - 0 southeasterly 163± feet, northwesterly 310± feet, northwesterly 141.7± feet, to a point, said point being in the southerly line of Widmer Road and the northerly line of said Cranberry Hills, Liber 1746, Page 501; thence running northeasterly along said Widmer Road and the northerly line of said Cranberry Hills, Liber 1746, Page 501, 154± feet; thence leaving said Widmer Road and running along the northerly line of.Cranberry Hills, Liber. 1746, Page 501 the following courses and distances; southeasterly 350± feet, northeasterly 552± feet, southeasterly 835± feet, northeasterly 112± feet, northeasterly 175± feet, northeasterly 308± feet, northeasterly 490± feet, and northwesterly 32±- feet to a ;point, said point being on the southerly line of Widmer Road and also being on the northerly line of said Cranberry Hills Liber, 1764, Page 501; thence leaving the southerly line of Widmer Road and running southwesterly along the lands now or formerly Cranberry Hills, Liber 1746, Page 501, 1845± feet to a point, said point being the southwest corner of Lot B, File Map No. 5454 and the northerly line of said Cranberry Hills, Liber 1746, Page 501; thence running southeasterly 250± feet to a point, said point being the southeast corner of Lot B, File Map No. 5454 and the northerly line of said Cranberry Hills, Liber 1746, Page 501; thence running northeasterly along Lot B File Map No. 5454 and the northerly line of said - 16 - Cranberry Hills, Liber 1746, Page 5.01, 110± feet to a point, said point being the southwest corner of Lot No. 103, File Map No. 3431 and a point on the northerly line of said Cranberry Hills, Liber 1746, Page 501; thence running along the northerly line of said now or formerly Cranberry Hills, Liber 1746, Page 501 and the southerly line of File Map No. 3431 the following courses and distances; southeasterly 189± feet, southeasterly 285± feet, southeasterly 184± feet, southeasterly 85± feet, northeasterly 332± feet, northwesterly 118± feet, and northeasterly 71± feet to a point, said point being on the northerly line of now or formerly Cranberry Hills, Liber 1746, Page 501 and the southeast corner of Lot No. 29, File Map No. 3431; thence running northeasterly along Lots 29, 28, 27, 26, 25, 24,. 23, 22, 21, 20, 19, 18, 17, 16; 15, 14, 13, 5, 4, and Lot No. 1, 2303± feet to a point, said point being the southeast corner of Lot No. 1, File Map No. 3431 and also being on the northerly line of now or formerly Cranberry Hills, Liber 1746, Page 501; thence running northeasterly 131.8 to a point, said point being the northeast corner of Lot No. 1, File Map No. 3431, also being on the southerly line of said Widmer Road and being the northwest corner; thence running northeasterly along the southerly line of Widmer Road and the northerly line of said, now or formerly Cranberry Hills, Liber 1746, Page 501 1350± feet to a point, said point being the southwest corner•of lands now or formerly Rotl, - 17 - Liber 1691, Page 848, and also being on the southerly line of Widmer Road; thence running northeasterly along the lands now or formerly Rotl, Liber 1691, Page 848 and the southerly line of said Widmer Road, 160± feet, to a point, said point being the southwest corner of lands now or formerly Riccioudi, Liber 1597 Page 536 and also being on the southerly line of said Widmer Road; thence running northeasterly along the lands now or formerly Riccioudi, Liber 1597, Page 536 and the southerly line of Widmer Road, 150± feet to a point, said point being the northwest corner of lands now or formerly Sung, Liber 1396, Page 309, and also being the southerly line of said Widmer Road; thence running norrheasterly along lands now or formerly Sung, Liber 1396, Page 309, 2265± feet to a point, said point being the northwest corner of lands now or formerly Movin, Liber 1803, Page 277 and also being on the southerly line of said Widmer Road; thence running northwesterly along lands of now or formerly Movin, Liber 1803, Page 277, 1031 feet to a point said point being the northwest corner of lands now or formerly Bonanno, Liber 1237, Page 645 and also being on the southerly line of said -Widmer Road; thence running northeasterly along lands now or formerly Bonanno, Liber 1237, Page 645, 100± feet to a point said point being the northwest corner of lands now or formerly Nunes, Liber 1730, Page 762, 194± feet to a point said point being the northwest corner of lands now or formerly Tarcinale, Liber 1692, Page 372 and also being on the southerly line of said Widmer Road; thence running northeasterly along lands now or formerly Tarcinale, Liber 1692, Page 372, 100* feet to a point said point being the northwest corner of lands now or -,formerly Albertson, Liber 1423, Page 639 and also on the southerly line of said Widmer Road; thence running northeasterly along lands now or formerly Albertson, Liber 1423, Page 639, 100± feet to a point said point being the northwest corner of lands now or formerly Veipert and also being on the southerly line of Widmer Road; thence running northeasterly along said lands of Veipert, Liber 1423, Page 000, 215_ =eec co a point, said point being the northeast corner of lands now or formerly Veipert, Liber 1423, Page 000, and being the intersection of said Widmer Road and All Angels Hill Road; thence.crossing said All Angels Hill Road to a point said point being the southwest corner of lands now or formerly Perkins, Liber 1153, Page 347 and also being on the southerly line of Widmer Road; thence.running northeasterly along lands now or formerly Perkins, Liber 1153, Page 347, 36* feet to a point said point being on the easterly line of All Angels Hill Road and the southwest corner of Lot No.3 File Map No. 3926; thence running northeasterly along Lots 3, 2, and 1, File Map No. 3926, 655* feet to a point, said point being the southwest corner of lands now or formerly Redl, Liber 1792, Page 390 and also - 19 - being on the easterly line of All Angles Hill Road; thence running northeasterly along lands now or formerly Redl, Liber 1792, Page 390, 825± feet to a point said point being the southwest corner of lands now or formerly Knappenberger, Liber 1265, Page 332 and also being on the easterly line of said All Angels Hill Road; thence running along now or formerly Knappenberger, Liber 1265, Page 332, 200± feet to a point, said point being in the westerly line of now or formerly Redl, Liber 1792, Page 390 and also being on the easterly line of All Angles Hill Road; thence running northeasterly along the easterly line of All Angles Hill Road and the westerly line of lands now or formerly Redl, Liber 1792, ?ge 390, 970= =aat to a point, said point being the northwest corner of lands now or formerly Redl, Liber 1792, Page 390 and also being on the easterly line of said All Angles Hill Road; thence running easterly along said lands -now or formerly Redl, Liber 1792, Page 390, 1120± feet to a point said point being the northeast corner of lands now or formerly Redl, Liber 1792, Page 390 and also being in the center line of a stream; thence running southerly along said stream 1240± feet to appoint said point being a stream intersection and a point into lands now or formerly Redl, Liber 1792, Page 390; thence running northerly along a stream and through the lands of Metero, Liber 1594, Page 547 and Bala, Liber 1570, Page 031 to a'point, said point being - 20 - in the southerly line of Route 376; thence running northeasterly crossing Route 376 to the southwest corner of lands now or formerly Stoetzel, Liber 1484, Page 340; thence running northeasterly along the lands of now or formerly Stoetze.l, Liber 1484, Page 340, 1340± feet to a point, said point being the southwest corner of lands now or formerly LaRotondz, Liber 1613, Page 0855; thence running northeasterly along the lands of LaRotondz, Liber 1613, Page 0855, 760± feet to a point, said point being the northeast corner of Lot No. 9, File Map No. 3913; thence running northwesterly along the southwesterly line of lands now or formerly R.E. & W. Associates, Liber 1454, Page 0092, 545± feet to a point said point being the northwest corner of Lot No. 7B, File Map No. 3913; thence running northeasterly along lands now or formerly R.E. & W. Associates, Liber 1454, Page 0092, 483± feet to a point, said point being on the we'sterly line of lands now or formerly R.E. & W. Associates, Liber 1454, Page 0092; thence running northwesterly along the lands of R.E. & W. Associates Liber 1854, Page 0092, 303± feet to a point said point being on the easterly line of New Hackensack Heights Road; thence running northerly along lands of R.E. & W. Associates Liber 1454, Page 0092, 765± feet to a point, said point being on the westerly line of R.E. & W. Associates, Liber 1454, Page 0092; thence running northeasterly along the lands of R.E. & W. Associates Liber 1454, Page 0092, - 21 - 351t feet to a point, said point being on the westerly line of R.E. & W. Associates; thence running northwesterly along the lands of R.E. & W. Associates Liber 1454, Page 0092, 1490± feet to a point, said point being the southeast corner of lands now or formerly R.E. & W. Associates Liber 1454, Page 0092; thence running northwesterly along the lands of R.E. & W. Associates, Liber 1454, Page 0092, 1490± feet to a point, said point being the southeast corner of lands now or formerly R.E. & W. Associates Liber 1454, Page 0092; thence running northwesterly along the lands of R.E. & W. Associates Liber 1454, Page 0092, 2165± feet to a point, said point being the southwest corner of lands now or formerly ;,c :::ion Liber 096: , Page 0212; t .ence running northeaster of the northerly line of lands now or formerly R.E. & W Associates, Liber 1454, Page 0092, 1060± feet; thence running southeasterly along the lands of R.E. & W Associates, Liber 1454, Page 0092, 145± feet to a point, continuing northerly along lands of R.E. & W Associates, Liber 1454, Page 0092, 325± feet to a point, said point being the southwest corner of lands now or formerly Johnson, Liber 969, Page 212; thence running northwesterly along said lands of Johnson, Liber 969, Page 212, 219± feet to a point, said point being the northwest corner of lands now or formerly Johnson, Liber 969, Page 212, 219± feet to a point, said point being the northwest corner of lands now or - 22 - formerly Johnson, Liber 969, Page 212 and also being the point of the southerly line of Maloney Road; thence running easterly along the southerly line of Maloney Road and the northerly line of Johnson, Liber 969, Page 212, 230± feet to a point, said point being the northeast corner of lands now or formerly R.E. & W Associates, Liber 1454, Page 0092; thence running easterly along said Maloney Road 325± feet to a point, said point being northwest corner of W.I.H. Associates, Liber 1531, Page 618; thence running easterly along Maloney Road, 919± feet to a point, said point being the northeast corner of lands now or formerly W.I.H, Liber 1531, Page 618; thence running easterly along said'Maloney Rcad, 1735_ _..et - pcinzl, sa-Ld point being a point on the southerly line of Maloney Road and on the westerly line of lands now or formerly Consolidated Rail Corporation, Liber 1666, Page 184; thence leaving said Maloney Road and running along the westerly line of Consolidated Rail Corporation 2760± feet to a point, said point being the northeasterly corner of lands now or formerly Peni, Liber 17.01, Page 263; thence running southerly along the lands of Peni, Liber 1701, Page 263, 3665± feet to a point, said point being the southeast corner of lands now or formerly Peni, Liber 1701, Page 262 and being on the northerly line of Didell Road; thence crossing said Didell Road and running to the northeast corner of lands now or formerly Didell; thence running easterly along the southerly line of Didell Road, - 23 - 350± feet to a point, said point being the northwest corner of lands now or formerly Sabia, Liber 1717, Page 579; thence running northwesterly along the southerly line of Didell Road, 395± feet to a point, said point being the northwest corner of lands now or formerly Sabia, Liber 1622, Page 462; thence running -northeasterly along the southerly line of Didell Road, 307± feet to a point, said point being the northeast corner of lands now or formerly Sabia, Liber 1622, Page 462; thence running northeasterly along the southerly line of Didell Road, 285± to a point, said point being the northeast corner of lands now or formerly Sabia, Liber 1747, Page 519; thence leaving Didell Road and running along the easterl:r 1_ne of Sabia, Liber 1747, Page 519, 3405± feet to a point, said point being the northeast corner of lands now or formerly Central Hudson Gas and Electric, Liber 1128, Page 001; thence running southwesterly along the lands of Central Hudson Gas and Electric, Liber 1128, Page 001, 340± feet to a point, said point being on the northerly line of lands now or formerly Hartman, Liber 1557, Page 593; thence running through the lands of Hartman, Liber 1557, Page 593, 2460± feet to a point, said -point being the northeast corner of lands now or formerly LaSota, Liber 1525, Page 615; thence running southeasterly along the lands of LaSota, Liber 1525, Page 615, 825± feet to a point, said point being the southeast corner of LaSota, Liber 1525, Page 615 and - 24 - L also being on the northerly line of Route 376; thence crossing said Route 376, to a point, said point being the northeasterly corner of lands now or formerly LaSota, Liber 1525, Page 615; .thence running westerly along the lands of LaSota, Liber 1525, Page 615, 3301 feet to a point, said point being on the southerly line of Myers Corners Road and the northeast corner of lands now or formerly Zipprich, Liber 1363, Page 709; thence running southeasterly along the lands of Zipprich, Liber 1363, Page 709, 520* feet to a point, said point being the northeast corner of lands now or formerly Central Hudson Gas and Electric, 40* feet to a point, said point being the northeast corner of Lot No. 17, - --a nan :Jc • =� j � , 2Y20= =gat co a point, said point being on the westerly line of lands now or formerly Central Hudson Gas and Electric, Liber 1128, Page 001; thence running southerly along the lands of Central Hudson Gas and Electric, Liber 1128, Page 001, 470* feet to a point, said point being in the centerline of Sprout Creek; thence running southerly along to center line of Sprout Creek 215.75± feet to a point, said point being on the division line between the Town of Wappinger and the Town of Fishkill; thence running southwesterly along the division line between the Town of Wappinger and the Town of Fishkill, 8965± feet to a point said point being southwest corner of lands now or formerly DeLucia, Liber 1420, Page 197; thence running northwesterly along lands of DeLucia, Liber 1420, Page 197, - 25 - 452* feet to a point, said point being the southwest corner of lands now or formerly Monfort, Liber 1542, Page 243; thence running northwesterly along the lands of Monfort, 16251 feet to a point, said point being the northwest corner of lands now or formerly Monfort, Liber 1542, Page 243, also being on the easterly line of Cedar Hill Road; thence running northeasterly along the lands of now or formerly Monfort, Liber 1542, Page 243 and along the easterly line of Cedar Hill Road 1030± feet to a point said point being the easterly line of Cedar Hill Road; thence crossing Cedar Hill Road to a point said point being the southwest corner of File Map No. 8212; thence running northwesterly, rj23± feet to a pc_:,t, zu-: o_ ii: be_::;T ~.!e southwest corner of File Map No. 8156; thence running northwesterly along File Map No. 8156,.199± feet to a point, said point being the southwest corner of File Map No. 5989; thence running northwesterly along File Map No. 5989, 175t feet to a point said point being the southwest corner of lands of now or formerly Vest, Liber 1201, Page 495; thence running northwesterly along the lands of Vest, 227± feet to a point, said point being the southwest corner of lands now or formerly Driscoll, Liber 789, Page 048; thence running northwesterly along the land of Driscoll, 187± feet to a point, said point being the southwest corner of lands now or formerly Morley, Liber 1616, Page 722; thence running - 26 - northwesterly along the land of :Morley, Liber 1616, Page 722, 165± feet to a point said point being the southwest corner of the lands of Morley, Liber 953, Page 089; thence running Northwesterly along the lands of Morley, Liber 953, Page 089, 142± feet to a point, said point being the southwest corner of lands now or formerly Beaudway, Liber. 829, Page 453; thence running northwesterly along the land of Beaudway, Liber 829, Page 423, 83± feet to a point, said point being the southeasterly line of File Map No. 7102; thence running along File Map No. 7102, 3980± feet to a point; thence running through he lands of Short, Liber 1131, Page 041, 830± feet to a point,.said point being the southeast corner of lands now or formerly Short; thence running along the lands of short, Liber 1131, Page 041, 790± feet to a point, said point being northwesterly corner of Short, Liber 1131, Page 041, said point also being the southwest corner of land now or formerly Fredrick, Liber 1824, Page 356; thence running along the lands of Fredrick, Liber 1824, Page 356, 1340± feet to a point, said point being the southeast corner of File Map No. 3795; thence running southwesterly along File Map No. 3795, 1080± feet to a point, said point being the northwest corner of File Map No. 4280; thence running southerly along said File Map No. 4280, 1605± feet to a point, said point being southwest corner of File Map No. 4280, also being in the northerly line of Smithtown Road; thence running southerly crossing - 27 - Smithtown Road 1010± feet to a point, said point being the northeasterly corner of File Map No. 7996; thence running along File Map No. 7996, 17411 feet to a point, said point being on the westerly line of Stage Door Road, also being the southeast corner of File Map No. 7996; thence crossing said road to a.point, said point being the northeast corner of lands now or formerly Nussbickle, Liber 1587, Page 511, also being on the westerly line of Old State Road; thence running southeasterly along the westerly line of said old State Road, 2078± feet to a point, said point being on the Division Line of the Town of Wappingers and the Town of Fishkill; thence running southwesterly along the division line of the T;,wn of Wappingers and Fishkill, 2862± feet to the point of beginning. Ii L 28 - r. I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting Bulletin Board Maintained by the Town Clerk at the main enterance to February 26, 1991 the Town of Wappinger Town Hall IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 12th day of March 1991. (CORPORATE SEAL) D Town Clerk STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on the 11thday of March , 1991, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice.of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date given Southern Dutchess News January 28, 1991 Poughkeepsie Journal Hudson Valley News Radio Stations: WROK WKIP WBNR L The question of the adoption of the foregoing resolution was duly put to a vote on roll, which resulted as follows: Constance 0: Smith VOTING Aye Victor L. Fanuele VOTING Aye Joseph Incoronato VOTING Aye Robert Valdati VOTING Aye June Visconti VOTING Aye The resolution was thereupon declared duly adopted. IN STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on the llthday of March , 1991, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice.of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date given Southern Dutchess News Poughkeepsie Journal Hudson Valley News Radio Stations: WEOK WKIP WBNR January 28, 1991 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting Bulletin Board Maintained by the Town Clerk at the main enterance to February 26, 1991 the Town of Wappinger Town Hall IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 12th day of March 1991. (CORPORATE SEAL) L L Town Clerk