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2011-06-13 RGMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Monday, June 13, 2011 7:30 PM Town Hall 7:30 PM Meeting called to order on June 13, 2011 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order IL Salute to the Flag III. Executive Session A. L 445 Contract Negotiations - Czarniecki IV. Adoption of Agenda V. Minutes Approval Monday, May 23, 2011 VI. Correspondence Log 2011-197. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Portion VIII. Discussions A. Chelsea Farms Recreation - Colsey/Gray B. United Wappinger Residential Sewer Connection Request - Czarniecki IX. Public Hearings Local Laws _ through _ Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan Local Law # _ of 2011 Which Would Specify a New Zoning Map X. Comp Plan Local Laws 2011-198. Resolution Adopting Local Law _ Which Would Specify a New Zoning Map 2011-199. Resolution Adopting Local Law —of 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Creating R -5A and R -3A Zoning Districts 2011-200. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the R-20/40 Zoning District 2011-201. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the RMF -3 and RMF -5 Zoning Districts 2011-202. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the COP Zoning District 2011-203. Resolution Adopting Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R-40 Zoning District 2011-204. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the NB Zoning District 2011-205. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R -5A Zoning District 2011-206. Resolution Adopting Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HB Zoning District 2011-207. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the HB Zoning District 2011-208. Resolution Adopting Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the CC Zoning District Town of Wappinger Page l Printed 61912011 Regular Meeting Agenda June 13, 2011 2011-209. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the R-40 Zoning District 2011-210. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R-80 Zoning District 2011-211. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the GB Zoning District 2011-212. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HD Zoning District 2011-213. Resolution Adopting Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HM Zoning District XI. Resolutions 2011-214. Resolution Replacing Greenway Signage at Fieldstone 2011-215. Resolution Authorizing Summer Employment within the Building and Grounds Department 2011-216. Resolution Authorizing the Use of Wappinger Town Hall for a Dutchess County Board of Elections Training Seminar and Waiving the Utilization Fee 2011-217. Resolution Authorizing an Increase in the Petty Cash Fund for the Office of the Town Clerk 2011-218. Resolution Awarding Bids for Baseball Dug Outs Construction at the Town of Wappinger Robinson Lane Park 2011-219. Resolution Authorizing Refund of Unused Seeding and Driveway Escrow in Connection with 34 Tuscany Drive 2011-220. Resolution Authorizing Refund of Unused Driveway Escrow in Connection with 163 Ketchamtown Rd 2011-221. Resolution Authorizing the Adoption of a Recycle Center Fee Schedule and the Purchase of Recycle Center Supplies for an Annual Fee Based Utilization by Town of Wappinger Residents 2011-222. Resolution Awarding Bid for Transfer Station Services 2011-223. Resolution Accepting an Offer of Volunteer Service at the Robinson Lane Cemetery 2011-224. Resolution Introducing Local Law No. — of 2011 Amending the Town Code Regarding Handicap Facilities 2011-225. Resolution Introducing "Local Law No. _ of the Year 2011, Designating a Three -Way Full Stop Intersection at Diddell Road and Smith Crossing Road, and Full Stop Intersections at Viola Court at Its Intersection with Robinson Lane and Gerhard Court at Its Intersection with Viola Court" 2011-226. Resolution Introducing "Local Law No. —of the Year 2011, Amending Section 230-46 of the Town Code Establishing Additional No Parking Areas" 2011-227. Resolution Awarding Bid for a Tow Behind Mower XII. Items for Special Consideration XIII. New Business XIV. Town Board Review of Vouchers 2011-228. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-229. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2011-230. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XV. Adjournment Town of Wappinger Page 2 Printed 6/912011 Town of Wappinger 20 Middlebush Road MOVER: Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes ^' Chris Masterson ABSENT: 845-297-5771 Monday, June 13, 2011 7:30 PM Town Hall wow IV. 0 Call to Order Attendee Name Christopher Colsey William Beale Vincent Bettina Ismay Czarnecki Joseph Paoloni Al Roberts Bob Gray David Stolman Graham Foster Salute to the Flag Organization Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Town of Wappinger Adoption of Agenda Title Supervisor Councilman Councilman Councilwoman Councilman Attorney to the Town Engineer to the Town Town Planner Highway Superintendel Motion To: adopt the Agenda with the change RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Christopher Colsey, Joseph Paoloni Minutes Approval Monday, May 23, 2011 Status Arrived Present Present Present Present Absent Present Present Present Present ✓ Vote Record - Acceptance of Minutes for May 23,20116:00 PM El Adopted Ves/Aye No/Nay Abstain Absent Christopher Colsey Voter ❑ ❑ ❑ 2 Accepted William Beale Voter 0 El ❑ ❑ Accepted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Correspondence Log RESOLUTION: 2011-197 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-197 El Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter ❑ ❑ ❑ 0 El Adopted as Amended William Beale Voter 0 El ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page I Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 VI. Public Portion Motion To: open the floor RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Public Comments The first resident to speak was Gary Lindstrom. He sees that the Recycle Center topic is on the Agenda. He would like to know what the fees are. He would also like the letters that he sent to the Town Board on this topic to be on record. The next resident to speak was Bill Dengler. He asked if the Board is considering the possibility of sending the operation of the Recycle Center out to bid. Supervisor Colsey answered that there are two Resolutions on the Agenda for the Recycle Center; one for a fee- based program and one to outsource it. Mr. Dengler recommends that the Town keep the operation of the Recycle Center within Town control. He thinks that the residents should be able to buy a book of tickets that will entitle them to dump items. He also feels that the Highway employees could be cut down or put on a rotation. Supervisor Colsey polled to the audience to see how many were in attendance for the Recycle Center. All in attendance raised their hands. Supervisor Colsey asked which of those in the audience support a Town -run fee-based program. All but one resident raised their hands. Supervisor Colsey asked how many in attendance were in favor on outsourcing the operation of the Recycle Center. Two residents raised their hands. The next resident to speak was Keith Slade. He feels that the Town should keep control of the Recycle Center and there should not be a fee for usage. The next resident to speak was Claudia Bruno. She asked what fees would be applied to residents that use the Recycle Center for yard waste only. Councilwoman Czarniecki answered that the Town Board is looking to charge an annual usage fee. The residents would put stickers on their cars, which would allow access to the site. The fees for household trash will remain the same. Residents that wish to dispose of items that would entail a charge to the Town will be charged additional fees. There will also be additional charges for residents to be able to use a trailer to haul items to the Recycle Center. Ms. Bruno noted that she has seen many contractors dumping at the Recycle Center. She is concerned that people may start dumping along the sides of the Town roads. Councilman Beale clarified that the Board has entertained multiple options for the operation of the Recycle Center. The Board has to find a way to deal with a $264,000 expense to operate the Recycle Center. The Board has also opted not to have the bulk pick-up in the past two years. He feels that the Town should be providing that service. Councilman Beale does not feel that a resident should have to pay for a permit to dispose of leaves and brush. Supervisor Colsey confirmed that there is no permit for brush in the fee-based Resolution on the table. Discussion followed. Councilman Beale went on to describe the components of the fee-based Resolution. The next resident was Victor Fanuele. He asked if there would be a charge to dump newspaper, cardboard and recyclables. Councilman Bettina answered that there would be no charge for those items. The next resident to speak was Constance Smith. She asked if residents would have to pay the fee if they decided not to use the site. Supervisor Colsey and Councilman Bettina answered that only the residents that use the site would pay the fee. The next resident to speak was Sal Arriaga. He asked what the Town plans to do for the contractors that continue to use the Recycle Center. He asked if there would be a larger fee for those contractors. Mr. Arriaga also asked if residents could be able to come to Town Hall to purchase a chit to dispose of the hazardous materials. Councilman Beale replied that the Board did discuss charging a fee for individual items, including those that are Freon -based. The Board developed a menu of items that would have been difficult to manage. In the current plan, the fees that the residents will be paying will absorb the additional cost for large and Freon -based items. Councilman Beale then noted that contractors are not supposed to be dumping at the Recycle Center. He added that many of the heavy items being dumped are being dumped by contractors. Discussion followed. Mr. Arriaga then noted that he agrees with offering a senior discount. He recommended extending the discount to military veterans. Supervisor Colsey Town of Wappinger Page 2 Printed 612212011 Regular Meeting Minutes June 13, 2011 explained that an employee at Town Hall is currently renovating her home. She is paying $700 for a dumpster. $50 per year is far cheaper than $700. Councilman Beale added that the fee for Royal Carting service is $64 every two months. The next resident to speak was Larry Siena. Mr. Siena agrees with Councilman Beale's fee-based idea. He objects to anyone entering the Recycle Center without displaying a sticker. Mr. Siena asked how many stickers have been issued. Supervisor Colsey answered that approximately 3000-4000 unique households were issued stickers. He feels that $50 is a pretty reasonable fee. Supervisor Colsey asked how many people utilize the site on a given day. Graham Foster, Highway Superintendent, replied that it is not unusual to have 600 cars on a Saturday. Discussion followed. The next resident to speak was Dorothy McWilliams. She asked if the residents will have ..�. to pay additional fees on top of the annual permit fee. Supervisor Colsey explained that the Board will be deciding on those additional fees. Councilman Beale feels that the Resolution will be amended to not include the additional fees. Ms. McWilliams then asked if the Board will be continuing with the bulk pick-up. Councilman Beale replied that the Board will have to see what the upcoming budget will look like. Discussion followed. The next resident to speak was Patrick McGinnis. He asked if the Board has explored subcontracting the operation to any firm other than Royal Carting. Supervisor Colsey answered that all waste collection companies in the area were contacted and Royal was the only firm to respond. The next resident to speak was Noreen Sweeney. She recommended selling refrigerator and computer tickets with the permit. She also recommended having a garage sale for the items that are dumped in good shape. She volunteered to organize the garage sale. Discussion followed. The next resident to speak was Richard Carson. He asked if the Town owned the dumpsters at the Recycle Center. Supervisor Colsey replied that it does not. Mr. Carson then asked what the Town gets for the recyclable material that is taken away. Supervisor Colsey answered that the Town gets back roughly 40% on those materials. The next resident to speak was Don Vinchkoski. He owns a vehicle that he would prefer not using to transport junk to the Recycle Center. He does not feel that he should have to pay an additional fee to utilize a trailer. Councilman Beale noted that this item is still up for discussion. The next resident to speak was Sean McEnaney. He asked what would happen if the Town decides to charge the fee and residents decide to dump along the Town roads. He asked " how much it would cost for the Town to clean up debris along the roads. He recommended issuing a card that will allow a resident to dump one specific item. Councilwoman Czarniecki claimed that this is one reason why she is not looking to outsource the operation of the Recycle Center. She stated that government isn't in business. Therefore, for that reason alone, the unintended consequence of charging for each individual item would be residents dumping along the Town roads. She loves the Town of Wappinger and uses the Recycle Center herself. The next resident to speak was Joseph Norman. He pointed out that Lowes and Home Depot will accept fluorescent bulbs. He then asked how often the Town Board will be reviewing the operation of the Recycle Center. Councilman Beale answered that the Town Board had considered having quarterly reviews. The Board has also considered making the 2012 permits cycle begin September 15` of 2011 and making them available for purchase in July. Mr. Norman asked if the permit would be a sticker. Councilman Bettina stated that the permit will be a hanging placard similar to the handicap permit. He noted that this will enable people to use the permit in other people's cars. Councilwoman Czarniecki added that some people do not want to have stickers on their cars. The next resident to speak was Fabrizio Martorello. He asked what would happen if a resident dumps debris on the side of the road. Councilman Bettina answered that they would be ticketed and would have to pay a fine. Supervisor Colsey and Councilman Beale added that dumped items will be analyzed to see if the dumper can be identified. Discussion followed. The next resident to speak was Mary Schmalz. She noted that the City of Beacon will have a drop-off period for electronic items. She read the items that will be accepted. She then asked why the Town of Wappinger can't do the same. Supervisor Colsey answered that the Town could do a one -day event. The question before the Board was not for a one -day solution. The question before the Board is for a year-round Recycle Center. Ms. Schmalz then recommended that the Town Hall take recycling more serious. The next resident to speak was Jim Siegel. He asked what happens to the items after the Freon is removed. Mr. Foster answered that the metal items are taken to the metal recycler. The Town gets 40% of the revenue generated from those items. The combustibles go to the burn plant. Other items are recycled. Discussion followed. The next resident to speak was Vito Granuzzo. He is disappointed that nobody is discussing how money can be saved in the Recycle Center. He pointed out that there is a lot of over -time being paid to Highway employees. There aren't any senior citizens working the site Town of Wappinger Page 3 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 anymore either. He asked why the chipper has to be on all day on Saturday. It takes two men to operate the chipper. They should be chipping on Wednesday. He doesn't see any chipping happening on Saturday. He sees the two men that are supposed to be chipping, but nothing is being chipped. Mr. Foster noted that, once the brush is brought in, it gets twisted. The men working at the chipper are checking to make sure that only brush is being dumped by the chipper. Councilman Beale noted that there are four highway employees working on Saturday earning overtime. He thinks the Board should decide how many people are needed at the site. Then those positions should be filled with solid waste personnel. He thinks that $16,000 could be saved by doing that. Mr. Granuzzo agrees that he would like to see some savings at the Recycle Center. The next resident to speak was June Weyant. She asked if the large box trucks are going to be allowed at the Recycle Center. She's observed trucks coming in full of rugs. She saw another gentlemen come in and dump an entire pick-up truck full of computer monitors. Councilwoman Czarniecki replied that these issues are the reason that the Board wants to do something. Ms. Weyant feels that businesses are using the site and the Highway Department needs to enforce the rules. Mr. Foster explained that he has followed certain dumpers to see where they were getting the items from. Councilman Beale did not understand why the Board could not just prohibit box trucks. Mr. Foster answered that some residents do not have vehicles suitable for dumping trash, so they rent trucks from U -Haul. Councilwoman Czarniecki recommended having a special use permit for box trucks. Mr. Foster noted that the proposed fee schedule would charge $15 for one day for a box truck. The next resident to speak was Scott Bajcar. He has a pick-up truck and a house that he has been renovating for a long time. He does not feel that he should have to pay more just because he has a pick-up truck. The next resident to speak was Michael McFarland. He asked if anyone has looked into why the Recycle Center costs are so high. Supervisor Colsey replied that the disposal fees are high. Mr. McFarland noted that it is typical of a business to ignore what it is doing wrong and just raise the fees. He asked what the Town is going to do with the Recycle Center next year. He asked if the Town is going to keep conducting the Recycle Center poorly and just keep raising fees. Councilman Bettina feels that the Town Board is doing the best that they can. He also feels that $50 for an entire year is a good deal. Mr. McFarland again recommended looking at the whole operation. Councilman Beale noted that the cost for Royal to haul trash from the Recycle Center has gone up $41,000 in two years. Mr. Foster added that the Wappinger politicians continuously promote the Recycle Center and encourage residents to utilize it. That increase in volume is why the costs continue to go up. Discussion followed. The next resident to speak was Vic Fanuele. He claimed that the Recycle Center was started 20 years ago. The next resident to speak was Sean McEnaney. He asked what the Town makes money on at the Recycle Center. He asked if it would be beneficial for the Town to advertise for the items that the Town makes a profit on. Supervisor Colsey explained that there is a cost to dispose of those items that is higher than the revenue gained. Motion To: close the floor for public comment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Motion To: amend Resolution 2011-221 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Town of Wappinger Page 4 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 RESOLUTION: 2011-221 Resolution Authorizing the Adoption of a Recycle Center Fee Schedule and the Purchase of Recycle Center Supplies for an Annual Fee Based Utilization by Town of Wappinger Residents WHEREAS, the Town Board adopted the Final Budget for Fiscal Year 2011 on November 19, 2010; and WHEREAS, the Recycle Center is funded through the A Fund portion of the Town of Wappinger budget for both Village and Outside Village residents only, with current proof of residency, with an appeal process of utilization through written petition to the Town Board; and WHEREAS, the Town of Wappinger 2011 Final Budget included certain provisions within the A Fund in respect to revenues and appropriations related to the Recycle Center; and WHEREAS, the Town of Wappinger has offered the Recycle Center in its current form as expanded in 2002; and WHEREAS, the Recycle Center is overseen by the Town Highway Superintendent and has offered the services of fee based household garbage disposal and residential disposal of various items to include metal, furniture, and appliances, plus free mulch and woodchips; and WHEREAS, the Recycle Center 2010 expenses, to include disposal fees, personnel and equipment has exceeded $250,000.00; and WHEREAS, a survey of several other Dutchess County based Recycle Centers (transfer stations) shows annual utilization fees of approximately $100, plus per item costs; and WHEREAS, Federal and/or State agencies have imposed additional regulation and requirements in respect to the disposal of certain materials that have resulted in additional expense to the Town of Wappinger; and WHEREAS, the Town Board believes the Recycle Center to be beneficial to the residents of the Town of Wappinger in providing a site for disposal of unused items, and WHEREAS, the Town Board has deliberated upon the expenses to operate the Recycle Center on numerous occasions since January 2008, to include a resolution on January 24, 2011, and a Workshop on May 23, 2011; and WHEREAS, in an effort to maintain the services provided by the Recycle Center, the Town Board has accepted the following annualized fees for 2012, effective September 1, 2011: • Passenger Vehicles and Pickup Trucks - $50 per vehicle • Passenger Vehicles/Senior - $30 per vehicle • Single Axle Trailer - $75 per trailer • Single Day Permit - $15 per day • Disposal of leaves, brush, branches - Free to Residents with ID • Wood Chips/Mulch - Free to Residents with ID • Residential Garbage - $4/bag non -senior • Residential Garbage - $2/bag senior citizen WHEREAS, effective Saturday, September 3`a, 2011, access to the Recycle Center shall be limited to vehicles displaying current emblems signifying payment of the annualized; and WHEREAS, residents with valid identification entering the Recycle Center solely for the purposes of leaves, brush and branch disposal, or the collection of woodchips and mulch, or the disposal of household garbage with proof of paid tickets from the Town Clerk's office, shall be exempt from the annualized fee; and WHEREAS, the Recycle Center annual permit emblems shall be offered at the Office of the Town Clerk during regular Town Hall business hours; and WHEREAS, for the period of Saturday, August 13th, 2011, through, and including, Saturday, September 15th, 2011, additional personnel are authorized to staff the Recycle Center to provide the service of on-site issuance of annual permit emblems and residential garbage tickets; and WHEREAS, the Town Board hereby authorizes the Town Supervisor to purchase annual permit emblems for 2011. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby adopts the aforementioned Recycle Center Fee Schedule for 2011. 3. The Town Board hereby authorizes, for the period of Saturday, June 25th through, and including, Saturday, July 30th, additional personnel to staff the Recycle Center to provide the service of on-site issuance of annual fee window stickers, residential garbage tickets, Freon purge stickers and other enumerated disposal stickers in accordance with the aforementioned fee schedule. Town of Wappinger Page 5 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 4. The Town Board hereby authorizes the Town Supervisor to purchase annual fee window stickers, residential garbage tickets, Freon purge stickers and other enumerated disposal stickers for 2011. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-221 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter ❑ 0 11 ❑ Adopted as Amended AdoptDefeaed William Beale Seconder 0 ❑ ❑ ❑ ❑ Vincent Bettina Voter 0 El ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ 1:1 El Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ D Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. VII. Executive Session Motion To: go into Executive Session "! RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni A. L 445 Contract Negotiations - Czarniecki Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni VIII. Discussions A. Chelsea Farms Recreation - Colsey/Gray Supervisor Colsey opened the discussion at 9:39 PM. He noted that the Town has received a letter from the Town of Wappinger Planning Board recommending that the Town accept land in lieu of the $5,000 per acre fee for this project. Vic Fanuele, Chairman of the Planning Board, clarified that he would recommend accepting the land only if the land is of any use. Councilman Bettina understands that the Planning Board has recommended that the Town accept the two parcels. One parcel is an acre in size, it is closer to the boat area and it can be used to store boat trailers. The other tract is closer to the novitiate. Supervisor Colsey pointed out that the he has received a letter from the Planning Board secretary that states that the Planning Board has voted in favor of the Town Board accepting land in lieu of money. He asked if this did not occur. Mr. Fanuele replied that the Planning Board did not define which piece of land should be accepted. The Board looked over the map of the area with the applicants as they discussed the issue. Supervisor noted that he is concerned with the fact that a letter was drafted by the Planning Board stating that a determination was made. Now he is hearing that a determination was not made. The applicant pointed out that he would not be coming before the Town Board if the Planning Board did not make a positive recommendation. Mr. Fanuele pointed out that he did not vote for this recommendation. He went on to say that there is a tree on the property that has Indiana bats. Supervisor Colsey added that he does not like to take properties off of the tax rolls. He went on to say that this would add liability to the Town. Councilman Bettina asked if Ralph Holt recommended taking the property. Supervisor Colsey answered that Mr. Holt recommended taking the property having to do with the boat ramp. Discussion followed. The applicant noted for the Board that the Comprehensive Plan clearly states that the Town of Wappinger Page 6 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 IX. Town would like to have contiguous recreation lands to complement existing recreation lands. He claims that he is just following the rules that the Board put together. He does not feel that the Board is going to get a perfectly flat piece of property, which could be built on, as a donation. Discussion followed. Supervisor Colsey again noted that he is not interested in anything but the parcel having to do with the boat ramp. Councilman Beale pointed out that this parcel is not near the boat ramp. Councilwoman Czarniecki asked if there is another option if the Board does not take all of the property being offered. The applicant answered that he would just build houses on the property if the Town doesn't accept it. Councilman Beale stated that he did not appreciate the demeanor of the applicant. The applicant explained that a letter was drafted recommending the acceptance of the property, but now he is finding out that the letter is incorrect. The Board went on debating whether or not the letter from the Planning Board was accurate. Al Roberts, Attorney to the Town, summarized the discussion that took place at the Planning Board Meeting. He believes there was a general consensus that the acceptance of the property should be looked into. He recommends that the Recreation Commission submit a written report to the Town Board. Discussion followed. Supervisor Colsey noted that half of the Board is saying that they are not clear on the issue. He also noted that he is not interested in accepting the property. Councilman Beale pointed out that the Planning Board Meeting took place on March 21 st. The memo from the secretary was dated May 23rd, two months later. It was then delivered to the Board this past Thursday. Councilman Bettina asked Mr. Fanuele to poll his Board and reach out for an opinion from Ralph Holt. Discussion followed. Supervisor Colsey closed the discussion at 10:03 PM. B. United Wappinger Residential Sewer Connection Request - Czarniecki Supervisor Colsey opened the discussion at 10:03 PM. He turned the floor over to Councilwoman Czarniecki, as the sponsor of this discussion item, to explain the issue. Councilwoman Czarniecki turned the floor over to Bob Gray, Engineer to the Town, to explain the issue. Mr. Gray explained that the applicants live on All Angels Hill Road, just south of the Chinese Christian Church. They are not in the sewer district. They petitioned the Town Board to hook into the United Wappinger Sewer District. At the last Meeting, Councilwoman Czarniecki asked Mr. Gray to look into the issue. Mr. Gray noted that there are two existing sewer manholes. He described the location of both manholes and what would be required to tie in to either of them. This project would cost about $90,000. Additionally, the Town would have to get permission from Tri -Muni to do the expansion for the three lots. With contingency, the total cost would be about $120,000. There is also a buy -in fee. Mr. Gray went on to discuss the Town's options. Discussion followed. Councilwoman Czarniecki recommended that the Board sit down with the applicant to see what he would like to do. Mr. Gray asked if the applicant could be provided with a copy of the letter that was sent from him to the Town Board. Councilwoman Czarniecki made a motion to release the letter from Morris Associates to the applicant. The motion was seconded by Councilman Bettina and passed unanimously. Supervisor Colsey closed the discussion at 10:03 PM. Motion To: release the letter from Morris Associates on June 7th to the homeowners RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Public Hearings Motion To: open Public Hearing on Resolution 2011-198 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Town of Wappinger Page 7 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 Local Law No. of the Years 2011 Which Would Specify a New Zoning Map Supervisor Colsey explained that Public Hearings would be held on each individual Local Law. Councilwoman Czarniecki made a motion to open the Public Hearing for the Local Law pertaining to Resolution 2011-198: Resolution Adopting Local Law —Which Would Specify a New Zoning Map. The motion was seconded by Councilman Beale and passed unanimously. David Stolman, Town Planner, explained that this has nothing to do with any substantive zoning map changes. The Zoning Law, as it is now, specifies a map that was done back in 1990. This substitutes a computer generated version of the exact same zoning map that is on the books right now. Town Clerk, Chris Masterson, offered for the record the Affidavits of Posting, Publication and Mailing, for each of the following Public Hearings, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Councilman Bettina asked if it was correct that each property owner that was affected by the zoning changes got a postcard. Supervisor Colsey confirmed. He also sent copies to his own house and the houses of Councilman Beale and Councilman Paoloni to verify that they were, in fact, mailed out. Mr. Stolman added that the mailing of postcards was above and beyond what was required by law. Discussion followed. Supervisor Colsey noted that the Comprehensive Plan has been on a total of 21 Town Board Agendas, which included two Public Hearings. Mr. Stolman explained that the Town received a letter from the County Planning Department. The Department of Planning recommends that the Town rely upon its own study of the facts in the case. Mr. Stolman went on to discuss the letter from the County. There were several parts of the letter that Mr. Stolman disagreed with. Al Roberts, Attorney to the Town, felt that portions of the letter were not artfully drafted. Discussion about the letter followed. Supervisor Colsey asked if there were any comments from the Board or from the public. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: MOVER: SECONDER: AYES: ABSENT: CLOSED [UNANIMOUS] Vincent Bettina, Councilman Ismay Czarniecki, Councilwoman Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki Joseph Paoloni Town of [Vappinger Page 8 Printed 6/22/2011 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK .. IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDMENT OF THE ZONING LAW TOWN OF WAPPINGER" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 26, 2011, your deponent posted a copy of the "Notice of Public Hearing on Amendment of the Zoning Law Town of Wappinger, Local Law _of 2011 which would amend the Zoning Map of Chapter 240, Zoning, of the Town Code", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. �J. ('�jl hn C. Masterson Town Clerk Town of Wappinger Sworn to before me the 23th day of May, 2011 J — CHRIBTOPNER COLSEY NOTARY PUBLIC NOTARY PUBLIC -STATE OF NEW YORK No. O1C06271010 Qualified In Dutchess COunfy My Commission Expires September 08, 2013 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #86558 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 05/04/11. Sworn to before me this 4th day of May, 2011 --Alawq ANCY YDU E Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 RD-1�E � VFE D MAY 0 5 2011 TOWN OF WAPPINOER TOWN CLERK r" VOUghkeep-q,,_te .journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2011' in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 4th day of May - in the year of 2011 and on the following dates thereafter, namely on.- And n: And ending on the day of in the year of 2011 , both days inclusive. Subscribed and sworn to before me this `J day of in the year of 2011 commission expires I I y /-7,6/ ROSE ANN SIMPSON Notary Public, State of New York No.01S16215893 Qualiiie•d in Dutchess County Commission Expires January 4, 2014 TOWN BOARD: TOWN OF WAPPINGER ,,DUTCHESS COUNTY: NEW YORK .- IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDMENT OF THE ZONING LAW TOWN OF WAPPINGER" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 26, 2011, your deponent posted a copy of the "Notice of Public Hearing on Amendment of the Zoning Law Town of Wappinger, Local Laws _through of 2011 which would amend the Zoning Map of Chapter 240, Zoning, of the Town Code", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. n C. Masterson Town Clerk Town of Wappinger S �orn to be e in the 23th day of May, 2011 i CHRISTOPHER COLSEY NOTARY PUBLIC -STATE OF NEW YORK NOTARY PUBLIC No, 07C06211010 QU011110d in Dutchess County 4v Q®tflmitti®n Expires September 00, 2013 SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET _ WAPPINGERS FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #86557 State of NEW YORK SS: County of DUTCHESS I, JOAN MILLER, being duly sworn, depose and say: that I am the Publisher of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 05/04/11. Sworn to before e this 4th day of May, 2011 A�d4o(,, YqkNCY IHYt KE Notary Public, Sta a of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 MAY 0 5 2011 TOWN OF WAPPINGER TOWN CLERK 141" Poughkeepciie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsiee" Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 201 1 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 4th day of May in the year of 20_ .1and on the following dates thereafter, namely on: And ending on the day of in the year of 2011 , both days inclusive. Subscijbed and sworn to before me this _ day of in the ye4,of 2011 My commission expires Y 41` Z a l ROSE ANN SIMPSON Notary Public, State of New York No. 01S16215893 Qualified in Dutchess County Commission Expires January 4, 2014 Regular Meeting Minutes Bina 12 )n„ RESOLUTION: 2011-198 Resolution Adopting Local Law No. 4 Which Would Specify a New Zoning Map WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 4 of the Year 2011 that would specify a new Zoning Map in Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board has determined that the specification of a new Zoning Map in Chapter 240 is a Type II action in accordance with the State Environmental Review Act (SEQRA) because said specification is a replacement in kind with no substantive changes; and .._ WHEREAS, Type II actions require no further processing in accordance with SEQRA; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 4 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-198 El Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter 2 ❑ ❑ ❑ ❑ Defeated William Beale Voter R1 ❑ 0 0 ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ Q Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 612212011 LOCAL LAW 4 OF THE YEAR 2011 A. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Law to Specify a New Zoning Map." Section 2. Legislative Intent This local law is intended to specify a new computer generated Zoning Map. This Local Law does not make any substantive change to the. Town's zoning. Section 3. Zoning Amendments , Section 240-8 shall be amended to read as follows: § 240-8. Zoning Map. Said districts are bounded and defined as shown on the map titled "Zoning Map of the Town of Wappinger, New York," prepared by Frederick P. Clark Associates, Inc., dated April 28, 2011, and as amended from time to time, which map, with all the explanatory matter thereon, is hereby made a part of this chapter. Editor's Note: Said map is on file in the Town offices. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or DOS -239 (Rev. 11/99) circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 6. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 2 Raaiiiar MPPtinL Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-199 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Creating R -5A and R -3A Zoning Districts Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. David Stolman, Town Planner, explained that these are two new zones, one for 3 acre zoning and one for 5 acre zoning. There were no comments from the Town Board or from the public. Councilman Beale made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czamiecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czamiecki ABSENT: Joseph Paoloni RESOLUTION: 2011-199 Resolution Adopting Local Law No. 5 of 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Creating R -5A and R -3A Zoning Districts WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 5 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of creating R -5A and R -3A zoning districts; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 5 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Towns of w'appinger Page 10 Printed 6/22/2011 Regular Meeting Minutes June l I ?n11 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-199 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 0 0 0 ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 0 ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 0 0 0 Jose h Paoloni Voter ❑ ❑ 0 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of lVappinger Page l 1 Printed 612212011 LOCAL LAW 5 OF THE YEAR 2011 'k., BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Law in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Creating R- AA and R -3A Zoning Districts." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Zoning Amendments 1. Section 240-6 shall be amended to read as follows: § 240-6. Classes of districts. The Town of Wappinger is hereby divided into the following classes of districts: R -5A 1 -Family Residence District R -3A 1 -Family Residence District R-80 1 -Family Residence District R-40/80 1 -Family Residence District R-40 1 -Family Residence District R-20/40 1 -Family Residence District R-20 1 -Family Residence District R-15 1 -Family Residence District R-10 1 -Family Residence District R -2F 2 -Family Residence District RMF -3 Multifamily Residence District RMF -5 Multifamily Residence District PUD Planned Unit Development District MU Mixed Use District HD Highway Design District NB Neighborhood Business District GB General Business District SC Shopping Center District HB Highway Business District HO Highway Office District CC Conservation Commercial District DOS -239 (Rev. 11/99) COP Conservation Office Park District HM Hamlet Mixed Use District At Airport Industry District PI Planned Industry District 2. Sections 240-7.A (1) through (7) shall respectively be renumbered (2) through (8)• 3. A new section 240-7.A(1) shall be included and shall read as follows: (1) R -3A and R -5A: Sensitive areas to be developed only at very low density, because of lack of central water and sewer, and because of their scenic values, slopes and/or wetlands and floodplain complexes. 4. Section 240-31 shall be revised to read as follows: § 240-31. Minimum dwelling unit size. No building permit shall be issued for the construction of a new building in any zoning district unless building plans indicate that each dwelling unit contains at least the required usable floor area as set forth in the following schedule: Minimum Livable Floor Area District (square feet) R -5A 1,200 R -3A 1,200 R-80 1,200 R-40/80 1,200 R-40 1,200 R-20/40 1,200 R-20 1,200 R-15 1,000 R-10 800 2 a District RMF -3 RMF -5 Other zones where residence is permitted 5. In the Schedule of Use Regulations, Residential Districts at 240 Attachment 1, the list of 1 -Family Districts in the heading of the chart -shall be revised to read as follows: R -5A R -3A R-80 R-40/80 R-40 R-20/40 R-20 R-15 R-10 6. In the Schedule of Dimensional Regulations - Residential Districts at 240 Attachment 3:1, the following new columns shall be added to the left of the R- 80 column: District Single - Minimum Livable Floor Family Area Multifamily (square (square feet) feet) 500 800 500 800 500 -800 5. In the Schedule of Use Regulations, Residential Districts at 240 Attachment 1, the list of 1 -Family Districts in the heading of the chart -shall be revised to read as follows: R -5A R -3A R-80 R-40/80 R-40 R-20/40 R-20 R-15 R-10 6. In the Schedule of Dimensional Regulations - Residential Districts at 240 Attachment 3:1, the following new columns shall be added to the left of the R- 80 column: District R -5A R -3A Minimum lot area (square feet, unless noted) With public water and sewer With public water or sewer Without public water and sewer 5 acres — — — 3 acres — — — Minimum lot width (feet) 275 225 Minimum lot depth (feet) 365 300 Minimum lot frontage (feet) 50 50 Maximum density units per acre — — 3 District R-5A R-3A Minimum front yard (feet) from: County/state highway 100 75 Center line of other street 100 75 Front lot line of other street 100 75 Minimum side yard (feet) 50 50 Accessory building <15 feet high and 20 20 <200 square feet Minimum rear yard (feet) 100 50 Accessory building <15 feet high and 20 20 <200 square feet Maximum building height (stories/feet) 2.5/35 • 2.5/35 Maximum lot coverage (percent) 5% 7% Maximum floor area ratio 0.05 0.07 Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 6. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. rd o,,,,,d— nnoo+i„a Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-200 ...................... RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the R-20/40 Zoning District Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. David Stolman, Town Planner, explained the Local Law. This would be the rezoning of the rear of the Canter property, which is located between Fowlerhouse Road and Card Road. This is currently zoned "2 family residential". The plan has been to rezone the front of the property to HB. This Local Law is designed to rezone the rear of the property to R20/40, which is similar to the surrounding properties. The attorney for the property owner has represented that the rear of the property will not be developed. There were no comments from the Board or the public. Councilwoman Czarniecki made a motion to close the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-200 Resolution Adopting Local Law No. 6 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the R-20/40 Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 6 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning a property to the R-20/40 zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 6 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of lVappinger Page 12 Printed 612212011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-200 a Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Rl 0 0 0 ❑ Defeated William Beale Initiator Rl ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter p 0 0 0 ❑ Withdrawn Ismay Czarniecki Seconder 9 0 ❑ 0 1— —h P. loni Voter ❑ 0 0 z Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 13 Printed 6/22/20/1 LOCAL LAW 6 OF THE YEAR 2011 p z BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the R-20/40 1 -Family District." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels . The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District Beverly L. Canter Ml 6157-04-546298 8 Shelley Hill Road R -2F R-20/40 (partial) Stanfordville NY 12581 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or somw circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 2 Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-201 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the RMF -3 and RMF -5 Zoning Districts Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. David Stolman, Town Planner, explained the Local Law. There are five properties involved in this Local Law. They are five mobile home parks. Mr. Stolman gave the locations of each park. The purpose of the Local Law is to have the zoning of those properties be the exact density that is in existence. There were no comments from the Town Board or from the public. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman 1 AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-201 Resolution Adopting Local Law No. 7 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the RMF -3 and RMF -5 Zoning Districts WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 7 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the RMF -3 and RMF -5 zoning districts; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 7 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 14 Printed 6/22/2011 VMW Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-201 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p 0 ❑ ❑ ❑ Defeated William Beale Initiator D ❑ ❑ ❑ ❑ 'gabled Vincent Bettina Voter p ❑ 0 0 ❑ Withdrawn Ismay Czarniecki Seconder p 0 0 ❑ Jose h Paoloni Voter ❑ ❑ 0 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 15 Printed 6/22/2011 LOCAL LAW 7 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the R -MF -3 and R -MF -5 Districts." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District Michael Robilotta Al 6156-02-852766 356 Nimham Road R-20 RMF -5 Cannel 14Y 10512 Rawls Leisure Living Inc. A2 6156-02-560945 1 Laurenda Road R-20/40 RMF -5 6156-02-578907 Wappinger Falls NY 12590 David Henzler 6156-02-827965 125 Smithtown Road A3 Fishkill NY 12524 R -2F RMF -3 Werner H. Henzler 6156-02-779968. 103 Smithtown Road Fishkill NY 12524 Wappinger Falls Mobile Home Park Inc. A4 6158-02-700710 1 Laurenda Drive RMF -3 RMF -5 Wappinger Falls NY 12590 Roberts Running Creek A5 6358-03-288170 1 Laurenda Lane R-40 RMF -3 Wappinger Falls NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. DOS -239 (Rev. 11/99) Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately, upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-202 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the COP Zoning District Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. David Stolman, Town Planner, explained the Local Law. He first noted that COP stands for Conservation Office Park. There are two properties involved. The first is the Laerdel property and the other is the Fairchild property. These would be rezoned from PI to COP, which is more appropriate. There were no comments from the Town Board or from the public. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-202 Resolution Adopting Local Law No. 8 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the COP Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 8 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the COP zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 8 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 16 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-202 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator EI ❑ ❑ ❑ 11 'fabled Vincent Bettina Voter 0 ❑ 0 ❑ ❑ Withdrawn Ismay Czamiecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ RI Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of N1appinger Page 17 Printed 612212011 LOCAL LAW 8 OF THE YEAR 2011 A.. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Conservation Office Park (COP) District." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels . The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. DOS -239 (Rev. 11/99) Existing New Tax -Parcel Owner's name Zoning Zoning Map ID Numbers And Address District District 165 Myers Corners Road, LLC 6258-03-278358 10 East 53 Street New York NY 10022 Mycor Holdings, LLC P1 6258-03-350303 805 Third Avenue Pi COP 6258-03-418349 New York NY 10022 CHG&E Corporation 6258-03-369392 284 South Avenue Poughkeepsie NY 12601 New Hackensack Fire District P2 6258-02-590720 217 Myers Corners Road PI COP Wa Inger Falls NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. DOS -239 (Rev. 11/99) Section 5. Ratification, Readontion and Confirmation EAept as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separabilitv The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent .that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately, upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Pj Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-203 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R-40 Zoning District Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law is for two properties located along the Hudson River, between the NYCDEP property to the north and the lumber yard to the south. They are both zoned R80 now. The Local Law will rezone these to R40. There were no comments from the Town Board or from the public. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni ...........____............... RESOLUTION: 2011-203 Resolution Adopting Local Law No. 9 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R-40 Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 9 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the R-40 zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 9 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 18 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-203 0 Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye ❑ No/Nay Q Abstain Absent ❑ Defeated William Beale Initiator p ❑ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter p 0 0 ❑ ❑ With Ismay Czarniecki Seconder p 0 0 0 Jos e h Paoloni Voter 0 0 0 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of'Wappinger Page 19 Printed 6/22/2011 LOCAL LAW 9 OF THE YEAR 2011 i,. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the R-40 1 -Family Residence District." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels . The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's name Zoning Zoning Map ID Numbers And Address District District Lynne M., Sheppard 6056-01-225902 179 River Road N Wappingers Falls NY 12590 Wendy Lynn Smart NI 6056-01-241913 2187 Route 9D R-80 R-40 Wappingers Falls NY 12590 Conrail 6056-01-032728 466 Lexington Avenue (partial) New York NY 10017 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is, held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 2 Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-204 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the NB Zoning District Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Supervisor Colsey and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law is for two properties on which restaurants are located. The first property is the Villa Borghese property and the other is for the Inn at Osborne Hill property. Villa Borghese will be rezoned from R20 to NB. The Inn at Osborne Hill will be rezoned from R40 to NB. Janine Gray, the owner of the Inn at Osborne Hill, asked when this would take effect. Al Roberts, Attorney to the Town, answered that it would be effective once filed with the Secretary of State. Ms. Gray asked if there would be any changes that she would be required to make. Councilman Bettina answered that she would be required to make sure that her building meets the fire code and that her business is in compliance with the laws of the Liquor Authority. Discussion about the impact on the property's assessment followed. Councilwoman Czarniecki made a motion to close the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-204 Resolution Adopting Local Law No. 10 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the NB Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 10 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the NB zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 10 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of 61'appinger Page 20 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-204 13 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 ❑ ❑ ❑ 13 Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ El Defeated El Tabled Vincent Bettina Voter RI 11 ❑ ❑ Withdrawn Ismay Czarniecki Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 21 Printed 6/22/2011 LOCAL LAW 10 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Neighborhood Business (NB) District." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels . The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger'Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed snap entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District Widmer Incl Restaurant L 1 6158-02-880530 70 Widmer Road R-20 NB WEpiners Falls NY 12590 R A G Properties, LTD. L2 6156-01-485668 150 Osborne Hill Road R-40 NB Fishkill NY 12524 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger'Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed snap entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is - held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 2 Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-205 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R -5A Zoning District Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law will rezone the Stoneykill property to the new R -5A zoning. Councilman Beale felt that this is a good way to protect the property. There were no comments from the public. Councilwoman Czarniecki made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarniecki ABSENT: Vincent Bettina, Joseph Paoloni Town of Wappinger Page 22 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 RESOLUTION: 2011-205 Resolution Adopting Local Law No. 11 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R -5A Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 11 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the R -5A zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 11 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-205 R] Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ 0 ❑ ❑ Defeated William Beale Initiator 10 ❑ ❑ 0 ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ p ❑ Withdrawn lsmay Czarniecki Seconder 2 ❑ ❑ 0 Jose h Paoloni Voter ❑ ❑ ❑ Z Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 23 Printed 6/222011 LOCAL LAW 11 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the R -5A 1 -Family District." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels . The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed snap entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District NYS Education Department 6056-02-980550 no address K1 R-40 R -5A CHG&E Corporation 6056-04-575455 284 South Avenue 6056-04-650480 Poughkeepsie NY 12601 New York State 6056-02-703540 625 Broadway Albany NY 12233 1{2 R-80 R -SA 6056-02-980550 NYS Education Department no address NYSDEC 6156-01-287725 625 Broadway Albany NY 12233 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed snap entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. DOS -239 (Rev. 11/99) Settion 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-206 ..__... _.... RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Ismay Czarnecki ABSENT: Vincent Bettina, Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HB Zoning District Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law applies to several properties. The main property is the front 2 acres of the Canter property. Mr. Stolman discussed the other properties as well. Councilman Beale noted that there is a mattress in the yard of one of the properties that should be addressed. There were no comments from the public. Councilwoman Czarnecki made a motion to close the Public Hearing. The motion was seconded by Supervisor Colsey and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Ismay Czarnecki ABSENT: Vincent Bettina, Joseph Paoloni RESOLUTION: 2011-206 Resolution Adopting Local Law No. 12 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HB Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 12 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the HB zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 12 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 24 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-206 Z Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter p ❑ ❑ O ❑ Defeated William Beale Seconder p ❑ p ❑ ❑ 'rabled Vincent Bettina Voter p ❑ p ❑ Withdrawn Ismay Czarniecki Initiator p ❑ p ❑ Jose h Paoloni Voter ❑ p p 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 25 Printed 6/22/2011 LOCAL LAW 12 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Highway Business (HB) District." Section 2. Legislative Intent This local law is intended to implement the Town's new Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2001. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District Beverly L. Canter J 1 6157-04-546298 8 Shelley Hill Road R-217 HB (Partial) Stanfordville NY 12581 6157-02-641504 Saz, LLC 1528 Route 376 J2 (Partial) Wappingers Falls NY 12590 R-20 HB 6157-04-625489 Eduardo and Lucia Lauria (Partial) 102 Old Post Road Wappinaers Falls NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2001. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time DOS -239 (Rev. 11/99) to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 2 D--..I9r nnoo+ina Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-207 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the HB Zoning District Councilman Beale made a motion to open the Public Hearing. The motion was seconded by Supervisor Colsey and passed unanimously. David Stolman, Town Planner, explained the Local Law. The Local Law is for the property on Myers Corners Road behind the Chase bank, across the street from the Hannaford shopping center. It is the dry portion of that property. The frontage part of the property is zoned PI. The Local Law will rezone the property to HB. Councilman Beale asked what the rear of the property is zoned. Mr. Stolman answered that it is currently zoned PI. The next Local Law on the Agenda will rezone that part of the property to CC, which stands for Conservation Commercial. There were no other comments from the Town Board or from the public. Councilwoman Czarniecki made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-207 Resolution Adopting Local Law No. 13 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the HB Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 13 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning a property to the HB zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 13 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 26 Printed 612212011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: — u - mubuluuull RCa-zU11-W7 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled ❑ Withdrawn Christopher Colsey William Beale Vincent Bettina Ismay Czarniecki Jose h Paoloni Seconder Initiator Voter Voter Voter Yes/Aye 0 10 p p ❑ No/Nay ❑ p ❑ p ❑ Abstain El ❑ O ❑ ❑ Absent 0 ❑ 0 0 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 27 Printed 6/22/2011 LOCAL LAW 13 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning a Property to the Highway Business (HB) District." Section 2. Legislative Intent This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcel listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District Patricia C. Parsons H1 6157-02-682906 16 Myers Corners Road PI HB Wappinger Falls, NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcel listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 2 Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-208 .....____....__ ............................ ...__.._....____ ..._.._................................... RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the CC Zoning District Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law is for the rear of the property on Myers Corners Road, behind the Chase bank, across from the Hannaford shopping center. Councilman Beale asked what the difference between PI and CC was. Mr. Stolman explained that CC is a much less dense zone and allows less uses. Discussion about the permitted uses of the CC zone followed. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Supervisor Colsey and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-208 Resolution Adopting Local Law No. 14 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the CC Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 14 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning a property to the CC zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 14 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 28 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-208 0 Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye p No/Nay p Abstain 0 Absent ❑ Defeated William Beale Initiator p ❑ ❑ 0 ❑ ❑ 'fabled Vincent Bettina Voter RI 0 0 ❑ ❑ Withdrawn Ismay Czarniecki Seconder p 0 0 0 1— -h Paoloni Voter ❑ 0 0 z Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 29 Printed 6/22/2011 LOCAL LAW 14 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1, Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Conservation Commercial (CC) District." Section 2. Legislative Intent This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District Almena R. Niessen G 1 6157-02-715890 16 Myers Corners Road PI CC WanninLyer Falls, NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the „o„ changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. DOS -239 (Rev. 11/99) Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. VA Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-209 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarnecki, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the R-40 Zoning District Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Supervisor Colsey and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law is for a portion of the Wappinger Estates property. The Local Law will make the zoning the same as it would be if the project was already developed. The property would be developed as R40, as opposed to its current zoning of R40/80. Councilwoman Czarniecki asked if there is a projected development for that area. Al Roberts, Attorney to the Town, answered that there is a contract between the contractor and the Town that goes back many years. It started out as a contract rezone, with the understanding that the southern portion of the property would be dedicated to the Town for use as additional ball fields. The developer has not gone forward because of economic conditions. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-209 Resolution Adopting Local Law No. 15 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning a Property to the R-40 Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 15 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning a property to the R-40 zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 15 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 30 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-209 Z Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye 0 No/Nay p Abstain 0 Absent ❑ Defeated William Beale Voter p ❑ ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ 0 ❑ Withdrawn Ismay Czarniecki Initiator p p 0 ❑ Jose h Paoloni Voter ❑ p 0 21 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 31 Printed 6/22/2011 LOCAL LAW 15 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the R-40 1 -Family Residence District." Section 2. Legislative Intent This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Existing New Tax Parcel Owner's Name Zoning Zoning Ma ID Numbers and Address District District 6459-03-110235- S & Z Developers Corp F 1 40 Strawtown Rd R-40/80 R-40 (partial) New City, NY 10956 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code .w The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-210 ...._...._._.. .___.....___. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Ismay Czarniecki, Councilwoman Vincent Bettina, Councilman Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki Joseph Paoloni Local Law No. —of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R-80 Zoning District Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law is for a property that is fairly wet and touches Route 9. It sits behind the commercial properties along Route 9. It is currently zoned COP and will be rezoned to R80. Councilman Bettina asked if there was sewer and water in that area. Al Roberts, Attorney to the Town, and Mr. Stolman answered that there was not sewer and water in that area. Discussion followed. There were no comments from the public. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Supervisor Colsey and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-210 Resolution Adopting Local Law No. 16 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the R-80 Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 16 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the R-80 zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 16 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 32 Printed 612212011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-210 D Adopted ❑ Adopted as Amended Christopher Colsey Seconder Yes/Aye R1 No/Nay p Abstain ❑ Absent 0 ❑ Defeated William Beale Voter p ❑ ❑ ❑ ❑ Tabled Vincent, Vincent Bettina Voter p 0 ❑ ❑ ❑ Withdrawn Ismay Initiator RI p Jose h 13 oloni Voter ❑ ❑ Q Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 33 Printed 6/22/2011 LOCAL LAW 16 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the R-80 1 -Family Residence District." Section 2. Legislative Intent This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Number s) and Address District District AVR Wappingers LLC 6157-04-720225 1 Executive Blvd 6157-04-743178 Yonkers, NY 10701 El COP R-80 Joel Brind 6157-04-679208 57 Point St Wappinger Falls, NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time DOS -239 (Rev. 11/99) to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separabilitv The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 2 Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-211 .............._._.__..... RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni ...... _ ............ _ ..... . Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the GB Zoning District Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law will rezone a property along New Hackensack Road from R40 to GB. The request to rezone was made by the property owner. There were no comments from the Town Board or from the public. Councilwoman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-211 Resolution Adopting Local Law No. 17 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the GB Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 17 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the GB zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 17 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 34 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-211 0 Adopted ❑ Adopted as Amended Christopher Colsey Voter Yes/Aye 0 No/Nay ❑ Abstain 0 Absent 0 ❑ Defeated William Beale Seconder 0 ❑ 0 ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator 0 ❑ 0 1— 1, Paoloni Voter ❑ ❑ 10 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 35 Printed 6/22/2011 LOCAL LAW 17 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the General Business (GB) District." Section 2. Ledslative Intent This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and Existing New Map ID Tax Parcel Owner's Name Zoning Zoning Numbers and Address District District John C. Bartlett & Susan M. McIntyre 6259-04-530276 34 Indian Wells Rd Brewster, NY 10509 DI R-40 GB 6259-04-540266 A-1 Plaza Inc (partial) 5 Baker Ct Wappinger Falls, NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separabilitv The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-212 . _. _ _.................. RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. _ of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HD Zoning District Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law converts the HO districts to HD districts. Mr. Stolman described the five areas that this Local Law applies to. Councilman Beale asked if this would eliminate the HO zone. Mr. Stolman confirmed. Discussion about the difference between HO and HD followed. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-212 Resolution Adopting Local Law No. 18 of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HD Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No. 18 of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the HD zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 18 of the Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. Town of Wappinger Page 36 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-212 Q Adopted ❑ Adopted as Amended Christopher Colsey Initiator Yes/Aye RI No/Nay p Abstain 0 Absent ❑ Defeated William Beale Voter Q ❑ ❑ El Tabled Vincent Bettina Voter Q 0 0 0 ❑ Withdrawn Ismay Czarniecki Seconder Q 0 0 Jose h Paoloni Voter ❑ 0 0 Rj Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 37 Printed 6/22/2011 LOCAL LAW 18 OF THE YEAR 2011 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Highway Design (HD) District." Section 2. Legislative Intent woo This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Designation of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: DOS -239 (Rev. 11/99) Existing New Tax Parcel Owner's name Zoning Zoning Map ID Numbers And Address District District - 6156 -02-793743 Taconic Ed & Fed Gov Credit Union 196 Old Route 9 . Fishkill NY 12524 Floria C. DiLullo, LT C 1 Daniel E. DiLullo, RM HO HD Denise C. Davis, RM 6156-02-781774 Gloria Sorci, RM Susan C. DiLullo, RM PO Box 275 Fishkill NY 12524 William Minard, Jr. 6157-04-632059 William T. Minard 19 Osborne Hill Road Wappinger Falls NY 12590 1145 Route 9 Corp. C2 6157-04-649068 1285 Route 9 HO HD Wappingers Falls NY 12590 Lou Paggiotta, Trustee 6157-04-644025 11 Juniper Hill Road Garrison NY 10524 D J T Realty LLC 6157-04-644039 1127 Route 9 Wa in ers Falls NY 12590 DOS -239 (Rev. 11/99) Myles P. Dempsey Sr. Family LLC 6157-04-671026 465 Knollwood Road White Plains NY 10603 L P V LLC C2 6157-04-704073 35 Burt's Path HO IID Hopewell Junction NY 12533 Jai K. Jalaj 6157-04-708045 Roy N. Girija 9 Peter Dr Wappinger Falls NY 12590 RP 1207 LLC 6157-04-582220 JP 1207 LLC 24 Usonia Road Pleasantville NY 10570 Walter Horton 6157-04-636239 Alice Horton 3 Mac Farlane Road Wappinger Falls NY 12590 Frederick D. Romig C3 6157-04-639251 8 Barrister's Row Wappinger Falls NY 12590 HO HD Christina A. Ungar, Trustee 6157-04-670241 8 Mac Farlane Rd Wappingers Falls NY 12590 Jessie J. Smith 6157-04-648271 2 Carolyn Dr New Paltz NY 12561 Robert F. Barnes 6157-04-627257 Richard P. Barnes 12 Barrister"s Row Wappinger Falls NY 12590 J D V M Realty Associates 6158-04-530446 18 Tuckahoe Road Yonkers NY 10710 Guardian Self Storage East LLC 6158-04-559359 80 Washington St Poughkeepsie NY 12601 Q & S Equities LLC C4 6158-04-555308 48 Edwin Road Poughkeepsie NY 12603 HO HD 6158-04-535308 Red] Real Estate LLC 6158-04-551329 80 Washington St 6158-04-537402 Poughkeepsie NY 12601 New Wappinger Centerpoint LLC 6158-04-542293 Eckerd Drug #5023 PO Box 3165 Harrisburg PA 17105 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. W Reed Swenson 6158-02-999951 158 New Hackensack Rd 6158-02-983915 Wappingers Falls NY 12590 Diopter LLC Hackensack Realty LLC Treasure Lake LLC C5 6258-01-022981 Upper Highlands LLC PO Box 189 Indian Rocks Beach FL 33785 Cornelius F. Geaney 6259-03-036006 195 New Hackensack Rd Wannineers Falls NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011. Section 5. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. W Regular Meeting Minutes June 13, 2011 Motion To: open Public Hearing on Resolution 2011-213 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni Local Law No. — of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HM Zoning District Councilwoman Czarniecki made a motion to open the Public Hearing. The motion was seconded by Councilman Bettina and passed unanimously. David Stolman, Town Planner, explained the Local Law. This Local Law applies to two properties in the southern portion of Swartoutville. The rezone was proposed by a former property owner. One of the property owners, Connie Dotterer, was present and asked to comment. Ms. Dotterer noted that she is not in favor of this rezone. She lives on the property and prefers to keep in residential. Mr. Stohnan gave a brief history of the rezone request. Discussion followed. Ms. Dotterer explained that the other property to be affected by the Local Law is an absentee homeowner property. The grass is now three feet high and is a concern to her. Supervisor Colsey and Councilman Bettina noted that there isn't much that the Town can do. Al Roberts, Town Attorney, agreed, but noted that he will have legislation to be introduced at the next Town Board Meeting that will give the Town some power to go after these absentee property owners. Ms. Dotterer noted concern that a dry spell and a flicked cigarette could cause the whole area to ignite. Ms. Dotterer added that she is not interested in selling her property any time soon. Supervisor Colsey pointed out that the Town Board has the right to vote against the Local Law. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman Czarniecki and passed unanimously. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Ismay Czarniecki, Councilwoman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-213 Resolution Adopting Local Law No. _Of the Year 2011 Which Would Amend the Zoning Map Based Upon the New Town Comprehensive Plan for the Purpose of Rezoning Properties to the HM Zoning District WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Map should be amended based upon the new Town Comprehensive Plan; and WHEREAS, the Town Board is considering the adoption of Local Law No._ of the Year 2011 that would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning properties to the HM zoning district; and WHEREAS, the Town Board prepared a Draft Generic Environmental Impact Statement (DGEIS), a Final Generic Environmental Impact Statement (FGEIS), a Supplemental Draft Generic Environmental Impact Statement (SDGEIS), and a Supplemental Final Generic Environmental Impact Statement (SFGEIS) regarding the new Comprehensive Plan and Associated Zoning Changes (the "Proposed Action"); and WHEREAS, the Town Board prepared and adopted a Findings Statement regarding the Proposed Action, thereby completing the State Environmental Quality Review Act (SEQRA) with respect to this matter; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. of the Town of Wappinger Page 38 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 Year 2011; except as specifically modified by the amendments contained therein, the Zoning Law, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2011-213 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Initiator ❑ 0 ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 0 ❑ ❑ • Defeated Vincent Bettina Seconder ❑ 0 ❑ ❑ ❑ Tabled Ismay Czarniecki Voter ❑ 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Voter Dated: Wappingers Falls, New York June 13, 2011 X. Resolutions The Resolution is hereby defeated. RESOLUTION: 2011-214 Resolution Replacing Greenway Signage at Fieldstone WHEREAS, the Town of Wappinger utilizes signage throughout the Town of Wappinger at several residential sites; and WHEREAS, the Greenway signage, including posts, were stolen from the entrance of Fieldstone Boulevard over the weekend of April 23 - 24, 2011; and WHEREAS, the incident was reported to the Dutchess County Sheriff's Office and recorded as Incident No. 2011-17479, and such property has not been recovered; and WHEREAS, the original and subsequent replacement signage has been provided by Superior Signs and the following estimates for replacement have been gained: Signage Cost Budget Line Fieldstone 30" x 60" $325.00 A7110.418 (Park Signs) Greenway sign $75.00 A7110.418 (Park Signs) NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. Supervisor Christopher Colsey is hereby authorized to replace the aforementioned signage in accordance with the estimate provided to the Town Board in support of this resolution from Budget Line A7110.418. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-214 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ El ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 El El El ❑ Tabled Withdrawn Ismay Czarniecki Voter 0 ❑ ❑ El Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOIAJTI ON: 2011-215 Resolution Authorizing Summer Employment within the Building and Grounds Department WHEREAS, the Town of Wappinger adopted the Final Budget for Fiscal Year 2011 on November 18, 2010; and WHEREAS, the 2011 Town of Wappinger Final Budget appropriated funding for two summer parks and maintenance employees through Budget Line A7110.107 consistent with prior budgets; and WHEREAS, the Supervisor of Buildings and Grounds has proposed the following Town of Wappinger Page 39 Printed 612212011 Regular Meeting Minutes June 13, 2011 candidates for employment to the Town Supervisor: NAME RATE BUDGET LINE William Deck $9.00 A7110.107 Jonathan Harris $9.00 A7110.107 (returning) WHEREAS, the aforementioned personnel shall be employed as seasonal (summer) parks and maintenance employees with the Department of Buildings and Grounds for the period of May 31, 2011, through September 2, 2011. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Town Supervisor and Town Accountant to --- employ the aforementioned seasonal (summer) personnel within the Department of Buildings and Grounds for the period of May 31, 2011, through September 2, 2011, at the rate of $9.00 per hour for a maximum of thirty-five (35) hours per week from Budget Line A7110.107. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-215 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter Rl 0 ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter p 0 0 0 ❑ Withdrawn Ismay Czarniecki Initiator p 0 0 0 Jose h Paoloni Voter ❑ 0 0 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-216 Resolution Authorizing the Use of Wappinger Town Hall for a Dutchess County Board of Elections Training Seminar and Waiving the Utilization Fee WHEREAS, the Town Board is the custodian of all Town owned properties; and WHEREAS, the Town of Wappinger is frequented by organizations seeking to use the public meeting spaces, to include the large meeting room, Senior Center, Schlathaus Park office building and Courtroom; and WHEREAS, the Town Board established a committee to develop a Town Hall Usage policy on February 28, 2011; and WHEREAS, in the absence of a finalized policy, the Town Board shall consider applications for usage of Town -owned buildings; and WHEREAS, the Dutchess County Board of Elections, in an application provided to the Town Clerk, has requested the use of the Town Hall large meeting room on August 24, 2011, and September 7, 2011, during normal business hours for Elections Inspector training; and WHEREAS, the Dutchess County Board of Elections, in a memo provided to the Town Supervisor via electronic mail on May 31, 2011, has further requested use of Town Hall on October 20, 2011, from 5:30PM - 8:OOPM, for Elections Inspector training; and WHEREAS, the Dutchess County Board of Elections has further requested a waiver of the $100.00 building usage fee for the October 20, 2011, training date; and WHEREAS, the application from the Dutchess County Board of Elections, along with the Certificate of Insurance, has been provided to the Town Clerk NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Dutchess County Board of Elections to utilize the Town of Wappinger Town Hall on October 20, 2011, 5:30PM - 8:OOPM, for Elections Inspector training. 3. The Town Board hereby authorizes the Town Supervisor to waive the $100.00 building usage fee. Town of Wappinger Page 40 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-216 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ Adopted as Amended ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ - ❑ ❑ Tabled Ismay Czarniecki Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. ," RESOLUTION: 2011-217 Resolution Authorizing an Increase in the Petty Cash Fund for the Office of the Town Clerk WHEREAS, a Petty Cash fund has been established for the various Town offices pursuant to the provision of Section 64, paragraph 1-a of Town Law, which shall be reimbursed to the Supervisor for advances at the close of each fiscal year; and WHEREAS, due to an increase in fees associated with the duties of the Town Clerk, the Town Clerk has requested an increase in their petty cash provision from One Hundred Dollars ($100.00) to One Hundred Fifty Dollars ($150.00). NOW, THEREFORE, BE IT RESOLVED, that the Town Accountant is hereby authorized to increase the petty cash provision to the Town Clerk from One Hundred Dollars ($100.00) to One Hundred Fifty Dollars ($150.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-217 Yes/Ayc No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jose h Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-218 Resolution Awarding Bids for Baseball Dug Outs Construction at the Town of Wappinger Robinson Lane Park WHEREAS, the Town of Wappinger authorized the Town Supervisor and the Supervisor of Buildings and Grounds to solicit bids for repairs to Robinson Lane Park structures through Resolution No. 2011-161 on April 25, 2011; and WHEREAS, construction specifications were developed by S & P Architects; and WHEREAS, the Town of Wappinger Supervisor and Recreation Chair solicited bids for one (1) dugout in accordance with Town Code Chapter 46: Procurement Policy, which requires "three written/fax quotations" for Public Works projects exceeding $10,000.01 and less than $19,999.99; and WHEREAS, legal advertisements soliciting proposals for construction of the dugout in compliance with the construction specifications were placed in the Poughkeepsie Journal and Southern Dutchess News, with Affidavits of Publication provided to the Town Clerk; and WHEREAS, the Town of Wappinger Supervisor received the following quotations on May 27, 2011, as opened on May 31, 2011, in the presence of the Supervisor of Buildings and Grounds, as forwarded to the Town Board in support of this resolution; and WHEREAS, the following bids were received: Company Quotation J. Lyons Contracting $13,940.00 Ken McShea, House Doctor $15,532.00 WHEREAS, the Town Board hereby accepts the bids to be awarded to J. Lyons Town of Wappinger Page 41 Printed 6122/2011 Regular Meeting Minutes June 13, 2013 Contracting, 10 Old Glenham Road, Glenham, NY, 12527, in the amount of Thirteen Thousand, Nine Hundred Forty Dollars and 00/100 ($13,940.00). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the bids to be awarded to J. Lyons Contracting, 10 Old Glenham Road, Glenham, NY, 12527, in the amount of Thirteen Thousand, Nine Hundred Forty Dollars and 00/100 ($13,940.00). 3. The Town Board hereby authorizes the Town Supervisor and Office of Code Enforcement to issue a Building Permit for said construction and the waiver of the application fee. 4. The Town Board directs all construction to be completed in full compliance with the NYS Uniform Building Code and that occupancy of the structure shall not occur until after a final and satisfactory inspection by a Town of Wappinger Municipal Code Inspection Officer. 5. The Town Board hereby authorizes the Town Supervisor and .Town Accountant to issue a Purchase Order, upon completion of the construction and the issuance of a Certificate of Occupancy in accordance with the award as payable from the Parkland Trust account. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-218 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Seconder 0 ❑ 0 0 ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 10 ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter 0 ❑ 0 0 Jose h Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-219 Resolution Authorizing Refund of Unused Seeding and Driveway Escrow in Connection with 34 Tuscany Drive WHEREAS, on or about February 11, 2011, Creekview, Ltd., made a deposit in the amount of Two Thousand, Five Hundred Dollars and 00/100 ($2,500.00) into an escrow account with the Town of Wappinger, in connection with the seeding/stabilization located on 34 Tuscany Drive; and WHEREAS, all work has been completed, inspected and approved by the Code Enforcement Department; and WHEREAS, Creekview, Ltd., has requested that the escrow be returned; and WHEREAS, the Town Accountant has audited the escrow account and has determined that a refund is due in the amount of Two Thousand, Five Hundred Dollars and 00/100 ($2,500.00). NOW, 2 THEREFORE, BE IT RESOLVED: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby authorizes a refund of the escrow to Creekview, Ltd., in the total amount of Two Thousand, Five Hundred Dollars and 00/100 ($2,500.00). Town of Wappinger Page 42 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-219 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-220 Resolution Authorizing Refund of Unused Driveway Escrow in Connection with 163 Ketchamtown Rd WHEREAS, on or about January 18, 2011, Craig Delamater made a deposit in the amount of Seven Hundred Fifty Dollars and 00/100 ($750.00) into an escrow account with the Town of Wappinger in connection with the driveway completion located on 163 Ketchamtown Road; and WHEREAS, all work has been completed, inspected and approved by the Code Enforcement Department, Highway Superintendent and Town Engineer; and WHEREAS, Craig Delamater has requested that the escrow be returned; and WHEREAS, the Town Accountant has audited the escrow account and has determined that a refund is due in the amount of Seven Hundred Fifty Dollars and 00/100 ($750.00). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund of the escrow to Craig Delamater in the total amount of Seven Hundred Fifty Dollars and 00/100 ($750.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-220 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter Rl ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder 0 ❑ Cl ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 0 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-223 Resolution Accepting an Offer of Volunteer Service at the Robinson Lane Cemetery WHEREAS, the Town of Wappinger Town Board is the custodian of Town owned parks and facilities; and WHEREAS, an offer of volunteer service has been tendered by Raymond Chase and Louis Lucato for the purpose of providing grounds maintenance at the Robinson Lane Cemetery; and WHEREAS, the Town of Wappinger, through Resolution 2009-166, as adopted on May 4, 2009, authorized the purchase of additional coverage through the Town's insurance agent to provide coverage for volunteer activities and has maintained such insurance provisions and/or riders in effect on an annualized basis. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby accepts the offer of volunteer service as tendered by Raymond Chase and Louis Lucato for the purpose of providing grounds maintenance at the Robinson Lane Cemetery. Town of Wappinger Page 43 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-223 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Initiator Rl ❑ 0 ❑ Defeated William Beale Voter 9 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ❑ ❑ ❑ Withdrawn Ismay Czarniecki Seconder D ❑ ❑ 0 Joseph Paoloni Voter ❑ ❑ ❑ p Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-224 Resolution Introducing Local Law No. of 2011 Amending the Town Code Regarding Handicap Facilities WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code should be amended so as to allow handicap ramps in required yards and to waive application review fees for the approval and/or installation of handicap facilities (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2011 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Town Code as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2011 for 7:30 PM on the 25th day of July 2011 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Zoning Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. Town of Wappinger Page 44 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-224 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder z ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator z ❑ ❑ ❑ ❑ Tabled Ismay Czarniecki Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ 23 Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2011-225 to include Public Hearing date of July 11, 2011 RESULT: ADOPTED [UNANIMOUS] MOVER: Ismay Czarniecki, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni RESOLUTION: 2011-225 Resolution Introducing "Local Law No. —of the Year 2011, Designating a Three -Way Full Stop Intersection at Diddell Road and Smith Crossing Road, and Full Stop Intersections at Viola Court at Its Intersection with Robinson Lane and Gerhard Court at Its Intersection with Viola Court" WHEREAS, the Town Board has been informed by the Dutchess County Director of Engineering that the component of the Dutchess Rail Trail as it passes through the Town of Wappinger has been completed; and WHEREAS, the Dutchess County Director of Engineering has indicated that, based on observations of this intersection, safety would be improved by the installation of a three-way stop at the intersection of Diddell Road and Smith Crossing Road; and WHEREAS, Highway Superintendent, Graham Foster, shares the concerns raised by the Dutchess County Director of Engineering and also recommends a three-way stop at the intersection of Diddell Road and Smith Crossing Road; and WHEREAS, Highway Superintendent, Graham Foster, has noted that the Town has recently accepted two roads from the Blackwatch Farm Subdivision known as Viola Court and Gerhard Court; and WHEREAS, the Highway Superintendent recommends a stop intersection at Viola Court heading in an easterly direction at Robinson Lane and on Gerhard Court heading in a southerly direction at Viola Court; and WHEREAS, the proposed Local Law establishing the stop intersections is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of 2011 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type 11 action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2011 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 1 I th day of July 2011, at 7:30 P.M., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. Town of Wappinger Page 45 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-225 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 2 ❑ ❑ 0 ❑ Defeated William Beale Voter 2 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 0 ❑ ❑ ❑ Withdrawn Ismay Czarniecki Initiator [a 0 0 0 Jose h Paoloni Voter ❑ ❑ 11 p Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-226 Resolution Introducing "Local Law No. —of the Year 2011, Amending Section 230-46 of the Town Code Establishing Additional No Parking Areas" WHEREAS, Dutchess County has completed portions of the Dutchess Rail Trail as it passes through the Town of Wappinger; and WHEREAS, the Dutchess Rail Trail intersects both Maloney Road and Diddell Road, which are two designated access locations to the Rail Trail; and WHEREAS, the Dutchess County Department of Public Works (DCDPW) recommends that no parking zones be established on Maloney Road and on Diddell Road where they are intersected by the Dutchess Rail Trail; and WHEREAS, the DCDPW will install the signs which will subsequently be maintained by the Town; and WHEREAS, the Town Board hereby determines that it is in the interest of public safety and the best interests of motorists, pedestrians, bicyclists and the general public utilizing the Dutchess Rail Trail, or traveling on Maloney Road or Diddell Road, that parking be prohibited in the vicinity of Maloney Road and Diddell Road, where said roads are intersected by the Dutchess Rail Trail, and the Highway Superintendent concurs in this recommendation; and WHEREAS, the proposed Local Law establishing the no parking areas is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of the Year 2011 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of the annexed Local Law No. of 2011 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 11th day of July 2011, at 7:30 p.m. and the Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-226 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ El ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ 0 ❑ ❑ Withdrawn IsmayCzarniecki Voter 0 ❑ 0 0 Jose h Paoloni Voter ❑ ❑ ❑ Z Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. Town of Wappinger Page 46 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 RESOLUTION: 2011-227 Resolution Awarding Bid for a Tow -Behind Mower WHEREAS, by Resolution 2011-171, adopted by the Town Board on April 25, 2011, the Town Board authorized the purchase and bonding of a tow behind mower as set forth in the aforementioned Resolution; and WHEREAS, bid specifications were prepared by Town engineering firm and published in the legal advertisement section of the Poughkeepsie Journal and Southern Dutchess News; and WHEREAS, the following bids, as forwarded to the Town Board in advance of this resolution, which met the bid specifications and the requirements of the Department were received: Company Bid Price: Pine Plains Tractor $ 12,974.18 Grassland $ 14,140.00 WHEREAS, the lowest bid proposal for a tow behind mower for the Department of Buildings and Grounds is Pine Plains Tractor and Equipment, Inc., Route 199, Pine Plains, NY, 12567, in the amount of Twelve Thousand, Nine Hundred Seventy -Four Dollars and 18/100 ($12,974.18). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby awards the bid for a tow behind mower for the Department of Buildings and Grounds to Pine Plains Tractor and Equipment, Inc., Route 199, Pine Plains, NY, 12567, in the amount of Twelve Thousand, Nine Hundred Seventy -Four Dollars and 18/100 ($12,974.18). 3. The Town Board hereby authorizes the Town Supervisor and Town Accountant to execute a Purchase Order for the purchase of a tow behind mower with Pine Plains Tractor and Equipment, Inc., Route 199, Pine Plains, NY, 12567. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-227 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 2 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ ❑ ❑ ❑ Tabled Ismay Czamiecki Seconder D ❑ ❑ El Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Q Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. XI. New Business Councilman Beale New Business Councilman Beale noted that a vendor that inspects fire extinguishers for the Hughsonville Fire District is claiming that he never had an opportunity to submit a bid for the Town's last request for proposals. Supervisor Colsey stated that the request was posted in the newspapers and notices were faxed to a list of vendors that was recommended by the Fire Inspector. Graham Foster, Highway Superintendent, asked if there was a list of specifications in the request. He went on to claim that the vendor did not even take the extinguishers out of the vehicles to be tested. Councilman Beale again noted that the vendor is claiming that he was left out of the process. Discussion followed. Councilman Beale will speak to the Fire Inspector VW" about the conduct of the inspections. Supervisor Colsey New Business Supervisor Colsey noted that he received a letter from Greg Bolner that bids were received for the Challenger field. The Supervisor asked if the Board would like to meet at 6:30 PM, on Monday, June 21st, 2011, prior to the Planning Board Meeting, so that they can award the bid. Councilman Beale and Councilman Bettina asked that notice be sent by email. Town of Wappinger Page 47 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 XII. Al Roberts New Business Al Roberts, Attorney to the Town, stated that he was notified by the County Attorney's Office that the Absolute property is up for tax sale. Councilman Beale stated that the Town is not buying it. Mr. Roberts noted that this is the opportunity for the Town to buy it and they are running out of time. Discussion followed. Councilman Beale stated that he would be interested in seeing what the price for the property is. Town Board Review of Vouchers RESOLUTION: 2011-228 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2011 - BB Vendor A (General Townwide) B (General PartTown) DB (Highway) HNC Central Hudson $64.87 Central Hudson $62.42 Central Hudson $784.11 N & S Supply $221.49 Signal Graphics $221.89 Signal Graphics $85.38 Signal Graphics MVP $26,150.34 $5,010.11 $16,374.50 MVP Gold $2,842.10 West Payment $152.00 West Payment $233.60 EMS Associates $301.49 Conklin Services $893.23 First Unum Life $263.38 $50.65 $162.08 Frederick Clark $5,749.30 Frederick Clark Frederick Clark Frederick Clark Frederick Clark Williams Lumber $528.99 Lowe's $154.76 Tilcon $1,476.76 Staples $214.35 Staples $122.18 Christopher Colsey $22.02 D & D Doors $170.00 Murasso Signs $150.00 R. Costa $4,650.00 Big Top Portables $58.50 Cornerstone $451.12 $75.73 Don Kortright $220.00 Morris Associates $3,306.00 $6,554.00 $174.00 $6,255.50 Morris Associates $1,420.34 Morris Associates Morris Associates Town orWappinger Page 48 Printed 6122/2011 Regular Meeting Minutes June 13, 2011 Vendor Morris Associates T33 (Parkland) T92 (Escrow) WU (Wapp United) Central Hudson Morris Associates Central Hudson Morris Associates N & S Supply Morris Associates Signal Graphics American Lamp Recyc $711.45 Signal Graphics Perfect Comfort $918.00 $37.79 MVP Paetec $555.76 MVP Gold Sarjo Industries $19.75 West Payment Sweeper Parts Sales $195.70 Abbott Products $276.64 First Unum Life Hyde Park Roller $900.00 Frederick Clark Magic Frederick Clark $18,582.50 Donna Colucci $363.00 Frederick Clark Hartford Steam Boiler $105.00 Frederick Clark $94.50 Knox Company $280.00 Lowe's Totals $43,990.34 $20,211.62 $19,132.03 $6,255.50 Vendor SU (Wapp United) T33 (Parkland) T92 (Escrow) WU (Wapp United) Central Hudson Central Hudson Central Hudson N & S Supply Signal Graphics Signal Graphics Signal Graphics $37.79 MVP MVP Gold West Payment West Payment EMS Associates Conklin Services First Unum Life Frederick Clark Frederick Clark $18,582.50 Frederick Clark $363.00 Frederick Clark $452.00 Frederick Clark $94.50 Williams Lumber Lowe's Tilcon Staples Staples Christopher Colsey D & D Doors Murasso Signs R. Costa Big Top Portables Cornerstone Don Kortright Morris Associates $138.00 $2,124.40 $2,128.50 $3,326.00 Morris Associates $1,445.00 $3,322.80 Morris Associates $2,065.70 Morris Associates $138.00 Morris Associates $355.80 Town of Wappinger Page 49 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 Morris Associates Morris Associates Morris Associates American Lamp Recyc Perfect Comfort Paetec Sarjo Industries Sweeper Parts Sales Abbott Products Hyde Park Roller Magic Donna Colucci Hartford Steam Boiler Knox Company Totals $73.60 $27.60 $278.60 $40.99 $1,583.00 1 $2,124.40 1 $27,923.59 $3,363.79 1, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of June 13, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-228 A (General Townwide) B (General PartTown) DB (Highway) LC Central Hudson Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter D ❑ ❑ 0 ❑ Defeated William Beale Voter D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator Platt's Country ❑ 0 0 ❑ Withdrawn Ismay Czarniecki Seconder a ❑ ❑ El $289.00 Joseph Paoloni Voter ❑ ❑ 0 p Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-229 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2011 -CC Vendor A (General Townwide) B (General PartTown) DB (Highway) LC Central Hudson $447.51 Central Hudson $64.07 Central Hudson $32.03 Central Hudson $382.29 Central Hudson $151.91 Platt's Country $385.00 Locksmith Platt's Country $289.00 Locksmith Poughkeepsie Journal $61.63 Southern Dutchess $60.24 Town of Wappinger Page 50 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 Vendor News LH T14 (All State) Central Hudson Home Depot $2.80 Central Hudson Home Depot $4.97 Central Hudson Home Depot $95.53 Platt's Country Locksmith Home Depot $10.51 Platt's Country Mid Hudson Fasteners $293.06 Poughkeepsie Journal James Baisley Southern Dutchess $1,035.00 News Bottini Fuel Home Depot $6,805.58 Home Depot Pine Plains Tractor $36.90 Home Depot Enviro Clean $2,200.00 Mid Hudson Fasteners Adams Power Equip $114.33 Tilcon $2,572.48 Staples $179.95 Staples $48.16 Staples $451.41 Staples $105.72 Christopher Colsey Wells Fargo $168.97 Wells Fargo $435.00 Aflac Howard Prager $5.00 Gellert & Klein Gellert & Klein $1,254.00 Gellert & Klein $132.00 $132.00 $33.00 Gellert & Klein $8,499.24 Community Energy $1.71 Interstate Refrigerant $1,365.00 WB Mason $27.55 All State Wilson Oil $812.45 Inter City Tire $30.76 Sam's Club $360.52 A-1 Supply $104.82 Walter Lazenka $220.00 Totals $16,527.04 $2,144.23 $10,739.12 $1.71 Vendor LD LH T14 (All State) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Platt's Country Locksmith Platt's Country Locksmith Poughkeepsie Journal Southern Dutchess News Home Depot Home Depot Home Depot Home Depot Mid Hudson Fasteners James Baisley Town of Wappinger Page 51 Printed 6/22/2011 mom Regular Meeting Minutes June 13, 2011 Town of Wappinger Bottini Fuel Pine Plains Tractor Enviro Clean Adams Power Equip Tilcon Staples Staples Staples Staples Christopher Colsey Wells Fargo Wells Fargo Aflac Howard Prager Gellert & Klein Gellert & Klein Gellert & Klein Gellert & Klein Community Energy $42.45 $125.62 Interstate Refrigerant WB Mason All State $809.28 Wilson Oil Inter City Tire Sam's Club A-1 Supply Walter Lazenka Totals $42.45 $125.62 $809.28 Vendor T16 (Aflac) T92 (Escrow) WU (Wapp United) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Platt's Country Locksmith Platt's Country Locksmith Poughkeepsie Journal Southern Dutchess News Home Depot Home Depot Home Depot Home Depot Mid Hudson Fasteners James Baisley Bottini Fuel Pine Plains Tractor Enviro Clean Adams Power Equip Tilcon Staples Page 52 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 Staples Staples Staples Christopher Colsey $140.00 Wells Fargo Wells Fargo Aflac $291.30 Howard Prager Gellert & Klein $99.00 Gellert & Klein Gellert & Klein Gellert & Klein Community Energy Interstate Refrigerant WB Mason All State Wilson Oil Inter City Tire Sam's Club A-1 Supply Walter Lazenka Totals $291.30 $99.00 $140.00 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of June 13, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2011-229 A AM B DB (General (Ambulance) (General Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 2 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 10 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ El Tabled Ismay Czarniecki Seconder 0 ❑ El ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. RESOLUTION: 2011-230 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2011 - DD Vendor A AM B DB (General (Ambulance) (General (Highway) Townwide) PartTown) CAMO Pollution $25.00 CAMO Pollution $25.00 CAMO Pollution CAMO Pollution Town of Wappinger Page 53 Printed 6122/2011 Regular Meeting Central Hudson $94.37 Central Hudson $3,158.29 Central Hudson NyComco NyComco NyComco Poughkeepsie Jrnl Southern Dtc News Frontier Comm Signal Graphics $84.83 Signal Graphics $387.95 Signal Graphics $190.57 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $99.00 Al Roberts Al Roberts $1,848.00 Al Roberts $4,867.50 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Anaconda Sports Carquest Pine Plains Tractor $26.49 CSEA Keystone Plastics Hud Riv Truck Equip Tilcon Staples $89.40 Staples $41.96 Staples $66.53 Staples $41.96 Zee Medical $63.52 Atlas Star $23.84 Christopher Colsey Wells Fargo $349.65 Wells Fargo $325.59 Snap On Tools Snap On Tools Transcare Interstate Refrig Recov $462.00 WB Mason $319.90 WB Mason $47.94 Duality $3,126.45 Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Town of Wappinger Minutes $32,916.66 Page 54 $2,469.45 $126.00 $301.00 $148.78 $150.85 $22.64 $742.50 $429.00 $1,493.50 $6,808.68 $115.50 $1,596.00 $5.49 $775.00 June 13. 2011 $1,340.00 $66.00 $217.59 $2,557.40 $582.77 $106.16 $1,238.93 $30.10 $106.00 Printed 612212011 Regular Meeting Minutes June 13, 2011 Stormwater HRS (Rockingham) Managemnt LD (Chelsea) Stormwater CAMO Pollution Managemnt Hud Riv My Tours $3,895.00 Ultimate Pest Control $50.00 Callahan Plumbing $170.50 Great Amer Leasing $580.50 Delta Dental $1,468.28 Inter City Tire $115.96 Sweeper Parts Sales Airport Vet Clinic $1,012.00 Easy Street Cleaning $1,325.00 Trevor Sideris $200.00 Totals $24,582.98 $225.38 $184.25 $32,916.66 1 $15,409.77 1 $6,429.20 Vendor HRS (Rockingham) LC (Cameli) LD (Chelsea) LH (Hughsonville) CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson $75.01 $781.64 $2,235.90 NyComco NyComco NyComco Poughkeepsie JmI Southern Dtc News Frontier Comm Signal Graphics Signal Graphics Signal Graphics Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts $33.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Anaconda Sports Carquest Pine Plains Tractor CSEA Keystone Plastics Hud Riv Truck Equip Tilcon Town of Wappinger Page 55 Printed 6/22/2011 Regular Meeting Minutes June 13 ?(111 Staples Staples Staples Staples Zee Medical Atlas Star Christopher Colsey Wells Fargo Wells Fargo Snap On Tools Snap On Tools Transcare Interstate Refrig Recov WB Mason WB Mason Duality Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Hud Riv Vly Tours Ultimate Pest Control Callahan Plumbing Great Amer Leasing Delta Dental Inter City Tire Sweeper Parts Sales Airport Vet Clinic Easy Street Cleaning Trevor Sideris Totals $33.00 $75.01 $781.64 $2,235.90 Vendor SF (Fleetwood) SM (Mid Point) SU (United Wapp) SW (Wildwood) CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution $8,008.33 $9,583.33 $54,833.33 $13,091.67 Central Hudson Central Hudson Central Hudson NyComco NyComco NyComco Poughkeepsie Jrnl Southern Dtc News Frontier Comm Signal Graphics Signal Graphics Town of 6Vappinger Page 56 Printed 6122/2011 Regular Meeting Minutes June 13, 2011 Signal Graphics N Roberts AI Roberts AI Roberts Al Roberts AI Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Anaconda Sports Carquest Pine Plains Tractor CSEA Keystone Plastics Hud Riv Truck Equip Tilcon Staples Staples Staples Staples Zee Medical Atlas Star Christopher Colsey Wells Fargo Wells Fargo Snap On Tools Snap On Tools Transcare Interstate Refrig Recov WB Mason WB Mason Duality Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Hud Riv Vly Tours Ultimate Pest Control Callahan Plumbing Great Amer Leasing Delta Dental Inter City Tire Sweeper Parts Sales $478.50 Town of Wappinger Page 57 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 Airport Vet Clinic Easy Street Cleaning Trevor Sideris Totals $8,008.33 $9,583.33 $55,311.83 $13,091.67 Vendor T92 T96 WF (Escrow) (Escrow) (Fleetwood) CAMO Pollution CAMO Pollution CAMO Pollution CAMO Pollution Central Hudson Central Hudson Central Hudson NyComco NyComco NyComco Poughkeepsie Jrnl Southern Dtc News Frontier Comm Signal Graphics Signal Graphics Signal Graphics Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Anaconda Sports Carquest Pine Plains Tractor CSEA Keystone Plastics Hud Riv Truck Equip Tilcon Staples Staples Staples Staples Zee Medical Atlas Star Christopher Colsey Wells Fargo Wells Fargo Snap On Tools Snap On Tools Town of Wappinger $3,481.50 Page 58 1$2,439.05 $2,200.00 Printed 6/22/2011 Regular Meeting Minutes June 13, 2011 Vendor Transcare WT (Tall Trees) WU (Wapp United) CAMO Pollution Interstate Refrig Recov CAMO Pollution CAMO Pollution WB Mason $2,875.00 $65,840.41 CAMO Pollution WB Mason Central Hudson Central Hudson Duality Central Hudson Stormwater NyComco NyComco Managemnt NyComco Stormwater $100.00 Southern Dtc News Managemnt Frontier Comm Stormwater $75.00 Signal Graphics Managemnt Signal Graphics Stormwater $350.00 Al Roberts Managemnt $2,253.29 Al Roberts Stormwater Al Roberts $450.00 Al Roberts Managemnt Al Roberts Hud Riv Vly Tours Al Roberts Al Roberts Ultimate Pest Control Al Roberts Callahan Plumbing Al Roberts Great Amer Leasing Delta Dental Inter City Tire Sweeper Parts Sales Airport Vet Clinic Easy Street Cleaning Trevor Sideris Totals $4,006.50 $2,889.05 $2,200.00 Vendor WH (Watch Hill) WT (Tall Trees) WU (Wapp United) CAMO Pollution CAMO Pollution CAMO Pollution $1,516.67 $2,875.00 $65,840.41 CAMO Pollution Central Hudson Central Hudson Central Hudson NyComco NyComco NyComco Poughkeepsie Jrnl Southern Dtc News Frontier Comm Signal Graphics Signal Graphics Signal Graphics Al Roberts Al Roberts $2,253.29 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Town of Wappinger Page 59 Printed 6/22/2011 a .■. Regular Meeting I Minutes June 13, 2011 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Anaconda Sports Carquest Pine Plains Tractor CSEA Keystone Plastics Hud Riv Truck Equip Tilcon Staples Staples Staples Staples Zee Medical Atlas Star Christopher Colsey Wells Fargo Wells Fargo Snap On Tools Snap On Tools Transcare Interstate Refrig Recov WB Mason WB Mason Duality Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Stormwater Managemnt Hud Riv Vly Tours Ultimate Pest Control Callahan Plumbing Great Amer Leasing Delta Dental Inter City Tire Sweeper Parts Sales Airport Vet Clinic Easy Street Cleaning Trevor Sideris Totals I $1,516.67 I $2,875.00 1 $68,093.70 I, John C. Masterson, Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting of June 13, 2011, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. t own of 111appinger Page 60 Printed 6122/2011 Regular Meeting Minutes June 13, 2011 The foregoing was put to a vote which resulted as follows: ✓ Vote Record -Resolution RES -2011-230 Yes/Aye No/Nay Abstainlbse 0 Adopted Christopher Colsey Voter ❑ ❑❑ Adopted as Amended William Beale Voter❑ Defeated Vincent Bettina Initiator❑ Tabled Ismay Czamiecki Seconder El ❑ Withdrawn Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York June 13, 2011 The Resolution is hereby duly declared adopted. XIII. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, William Beale, Vincent Bettina, Ismay Czarniecki ABSENT: Joseph Paoloni The meeting adjourned at 11:16 PM. u �er's J,bhn C. Maston Town Clerk Town of Wappinger Page 61 Printed 6/22/2011