1991-10-28T
I
RESOLUTION
At a Regular Meeting of the Town Board of the Town of
Wappinger, County of Dutchess, New York, held at the Town Hall,
20 Middlebush Road, Wappingers Falls, New York, on the 28th day
of October, 1991, at 7:30 P.M.
The meeting was called to order by Supervisor, Constance O.
Smith, and upon roll being called, the following were:
PRESENT: Supervisor Constance O. Smith
Councilpersons Victor Fanuele
Robert Valdati
Joseph Incoronato
June Visconti
ABSENT:
The following Resolution was moved by Councilperson
JUNE VISCONTI and seconded by Councilperson
ROBERT VALDATI
WHEREAS, Thomas Classey, Building Inspector of the Town of
Wappinger, by written report dated August 20, 1991, has advised
the Town Board of the condition of the certain structure located
at the northeast corner of Middlebush Road and Route 9D in the
Town, identified under tax parcel number 6157-01-276805 owned by
Nicholas Dagnone; and
WHEREAS, in consequence of said report, the Town Board
caused a "Notice to Repair or Remove Unsafe Structure" to be
served on Nicholas Dagnone directing him to commence the repair
or removal of the structure by September 30, 1991, and to
complete such repair or removal no later than October 30, 1991;
and
WHEREAS, a copy of said Notice to Repair or Remove Unsafe
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Structure was duly served upon Nicholas Dagnone on August 29,
1991; and
WHEREAS, a copy of the Notice to Repair or Remove Unsafe
Structure was filed in the Dutchess County Clerk's Office on
September 23, 1991 in the same manner as a Notice of Pendency
under index number 1991/004417; and
WHEREAS, Thomas Classey, Building Inspector, Town of
Wappinger, by written report dated October 15, 1991, has advised
the Town Board that the property owner, Nicholas Dagnone, has not
begun the repair or removal of the unsafe structure; and
WHEREAS, the Town Board hereby determines that it is in the
interests of public health, safety and welfare of the residents
of the Town of Wappinger to cause the demolition and removal of
said structure located at the northeast corner of the
intersection of Route 9D and Middlebush Road, identified as tax
parcel number 6157-01-276805, owned by one Nicholas Dagnone; and
WHEREAS, Thomas Classey, Building Inspector, has solicited a
bid proposal for the demolition of said unsafe structure from B &
D Excavating Corp. in the sum of $ 6,490.00 , copy of said bid
proposal is affixed to this Resolution as Exhibit 1; and
WHEREAS, the Town shall cause the removal of the demolition
debris caused by the demolition of the subject structure, by M &
G Sanitation, Inc., pursuant to the Bulk Recycling Bid for
calendar year 1991, previously awarded to M & G Sanitation, Inc.;
and
WHEREAS, Town Law §130 authorizes the assessment of all
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costs and expenses incurred by the Town in connection with these
proceedings, including the costs of demolition and removal of the
unsafe structure, against the land on which the unsafe structure
is located; and
WHEREAS, the Town Board hereby directs that all costs
incurred by the Town in the demolition and removal of the unsafe
structure shall be assessed and levied against the subject parcel
identified as tax parcel number 6157-01-276805 owned by one
Nicholas Dagnone; and
WHEREAS, the Town Board has reviewed this action to demolish
and remove the demolition debris of the structure at the
northeast corner of Middlebush Road and Route 9D with respect to
SEQRA, and has determined that the demolition of the subject
structure will not create any adverse environmental impacts.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby determines pursuant to Town Law
§130 that the structure located on the northeast corner of Route
9D and Middlebush Road in the Town of Wappinger, located on
premises more particularly identified as tax grid number 6157-01-
276804,, owned by one Nicholas Dagnone, be and hereby is declared
to be an unsafe structure which poses a danger to the public
health, safety, and welfare of the residents of the Town of
Wappinger, and the Town Board hereby orders and directs its
demolition and removal.
2. The Town Board determines that it is the only involved
agency in this action in authorizing the demolition and removal
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of said unsafe structure and hereby declares itself lead agency
pursuant to Article 8 ECL and the related Title 6 part 617-NYCRR.
3. The Town Board has caused to be completed Part 1 and
Part 2 of the short form EAF for this project, in the form
annexed hereto.
4. The Town Board has reviewed the intended action with
respect to the criteria set forth in part 617.11 NYCRR and hereby
determines that the intended action, to wit, authorizing the
demolition and removal of the aforementioned unsafe structure,
will not create any significant adverse impacts on the
environment and hereby issues a NEGATIVE DETERMINATION OF
SIGNIFICANCE for this action.
5. The Town Board hereby authorizes the Supervisor to enter
into a contract, in accordance with the bid proposal submitted by
B & D Excavating Corp. to demolish the unsafe structure at a cost
not to exceed $6,490.00 , plus the cost of any requisite permits
or fees, if any, which demolition shall be done in accordance
with the rules and regulations, local laws and ordinances of the
Town of Wappinger or of any other municipal agency having
jurisdiction over the premises.
6. The Town Board hereby directs the removal of the
demolition debris caused by the demolition of the subject
structure by M & G Sanitation, Inc., Old Hopewell Road,
Hughsonville, New York, pursuant to the bulk recycling bid for
calendar year 1991, previously awarded to M & G Sanitation, Inc.
7. The Town Board directs the Town Supervisor, Town
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Building Inspector and the Town Assessor to assess all costs and
expenses incurred by the Town herein, and to assess and levy the
costs against the land on which the unsafe structure is located,
identified as tax grid number 6157-01-276808, as provided by law.
B. The Town Board further orders that a public hearing
shall be held on the 12th day of November, 1991 at 7:05 p.m. at
the Town Hall, 20 Middlebush Road, Wappingers Falls, New York,
for the purposes of determining and assessing all costs and
expenses incurred by the Town herein so that the same may be
levied against the land in which the subject structure is
located.
9. The Town Clerk is further directed to send a certified
copy of this Resolution to Mr. Nicholas Dagnone at his last known
address at Old Route 6, Carmel, New York 10512, together with a
copy thereof to one Cris Edward Johnson at Suite 303, 2 William
Street, White Plains, New York 10601, the said Cris Edward
Johnson having previously identified himself as attorney to Mr.
Nicholas Dagnone.
10. The Town Supervisor is hereby authorized to execute
Part 3 of the short form EAF and further directs the Town Clerk
to provide for the distribution of same as provided by law.
The question of the adoption of the foregoing Resolution was
duly put to a vote on roll call, which resulted as follows:
Constance O. Smith
Victor Fanuele
Robert Valdati
Joseph Incoronato
June Visconti
voting AYE
voting AYE
voting AYE
voting AY
voting AYE
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The Resolution was thereupon declared duly adopted.
DATED: October 28, 1991.
Wappingers Falls, New York
ELAINE SNOWDEN, Town Clerk
".
-11oxt 12
1,17. NUMBER
617.21 SEGIR
Appendix- C
Stt'Atfl Environmental Oualfty Aaylteoo
SHORTI ENVIRONMENTAL ASSEESSMENT FORM
For UNLISTED ACTIONS only
P,MRI !--PROJ(.CT INFORIMAnON (710 t)(-- -op1d hy ApPiI
Mt Qr Project spopFor)
1.APPLICAN Al. PROACT NAME
TOWN OF WAPPINGER DAGNONE BUILDING—
Fh('JFC;i LOCATION:
TOWN OF WAPPINGER Younry DUTCHESS
LOCA.... iSUNC aJortts Anc
rt"Aa ;niatlec'i''_x
IrN
13^Ienaek!; Vz;.'
C! P!C'Y"Je ilia
-p)
Northeast
corner of
ROute 9D
and
Middlebush
Road,
Town of
Wappinger.
�71
_J Voglfilv'QN4
Demolition and removal of unsafe structure in accordance with appli-
cable local laws, ordinances-, rules and regulations.
T. AM6UWi OF LANO Av--'�ECTED
pt -.res uillif')dW)
!N' Os" i!f.
Ye-, t No, rl'Wnbb r?itfly
is P"
�"eSENT LAWU*N' Vl,-!Niry OF PRG-iT
F,
i'Ie6crib9.
Ju L.Alq,'� QSE RFL11 TCtq S?
A�Jy C-THEPt Mc:1A A.-ENCY TEC)rRAL
Ce" ON i ' NVOLVC A PEAM07 APPAOVA�,, 0;1 G, NC LT: P,X`2
STATE OP LMA0
r—
:r" Y 0 A _J
HAVE A o:'--
DOES ANY ASPECT OF 'HcA'
N
AC110N �;Y
RZVX T 0�` PTOFOSE6 J
I CS TIF' THA'. 7 H-, I N rl�C FOA P T IDN P KO', E r t4i:vV 15 1,,3 TRUE TQ 7 r, E 0 ES7 Oc MY KNO'-','LEDG E
Apolicancspon,vr name: Tow11_2fa Dam
_K_ppjaqp��
SiOnAlLra..
If the action is in the Coastal Area, and you are a SWA- agency, complete the
Coastal Assessment Form beiore proceeclIng with this assessment
OVER
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PART —ENVIRONMENTAL ASSESSMENT (To oe completed by Age(ICY)
,A. DOE&ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.12? 11 yes, coordinate ins review process and lies lne FULL EAP.
Q Ye! No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTrO ACTIONS IN 6 NYCRP. PART 617.6? It No, a negative declaration
may be supersedr�e--fi�d Dy another involved agency.
❑Yes tblNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (An9 ofa may be nandwrlttan, It IaglDlei
Ct. Exleling err cuality, surface or groundwater quality Or Quantity. r013e levels. extsting trafllc patterns. solid waste proauction or dispose..
potential for erosion, drainage or flooding problems? Explaln brrafly:
No
C2. Aesthetic, agricultural, arcnaeologleat, nistOtic. or oiner natural or cultwsl resources, or Community or neignllornood Character? Explain briefly:
No
C9. Vegetation or fauna. Itsn, shellfish or wlldlila species, storit6csnl haottatt:. or threaleneo or endangered species? Explain Drlefiy:
No
Ca. A community's existing plans Or gea11 as 01116311y adopted, or a change in use or intensity of use of tend or other natural resources? Fxplaln briefly
No '
CS. Gtowtn, subsequent development, or related activities okeiy to De induced Dy the proposed action? Eaplaln briefly.
No
C6. Long term, anon term, cumulative, or otner lflects not identified in CLOS? Explain briefly.
Me
C7. Other impacts (including changes In use of either quantity or type of snergy)7 Explain briefly.
IM
D. IS THERE, OR 15 THERE LIKELY TO BE. CONTROVER3Y RELATED TO POTENTIAL ADVERSkENVIRONMENTAL IMPACTS?
J Yes [N"A No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse affect identified above, determine whether it is substantial, large, important of otnetwise significant.
Each effect should be assessad In connection with Its (a) satting (i.e, uroan or (ural); (b) pfobttbllity of occurring: (e) duration: (d)
Irreversibility; (e) geographic scope: and (f) magnitude. If necessary, add attachments or reference Supporting materials. Ensure that
explanations Contain sufficient detail to snow that all relevant adverse impacts nave been identified and adequately addressed.
ED Check this box If you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
CR Check this box It you have determined, based on the Information and analysis above and any supporting
documentation, that Ina proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Town Board, Town of Wappinger
nerve o' lead Atency
Hon. Constance O. Smith Supervisor, Town of Wappinger
not or rpe name or xefponubl racer .n leas Aeencv _I /_) ' t �/
—"' Sian+lure or Preparer tit daterent from responsioie
/69
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