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2007-07-19 SPMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Special Town Board Meeting July 19`h, 2007 7:00 PM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 PM Meeting called to order on July 19`h, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Hearings 1. Public Hearing in Connection with Draft Town Comprehensive Plan and Draft Environmental Impact Statement (DGEIS) III. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofWappinger.us ^' Minutes — Chris Masterson Thursday, July 19th, 2007 7:00 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to order at 7:15 PM. Attendee Name Organization Title _ Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Public Hearings Public Hearing in Connection with Draft Town Comprehensive Plan and Draft Environmental Impact Statement (DGEIS) Supervisor Ruggiero opened the Public Hearing at 7:17 PM. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero thanked everyone for coming and explained that this is the second Public Hearing, as is required, for the Master Plan. It is a project that has been under way for about four years. In 2002, the Town Board appointed a citizens committee to work on the Plan. Over approximately eighteen months, the committee met and crafted a recommendation for the Town Board on how to revise the Town's Comprehensive Plan. The last version of the Plan was done in 1988. Once this new Comprehensive Plan is adopted and revised, the Town Board will be able to enact legislation to implement the plan. David Stolman, Town Planner, gave a PowerPoint presentation on the DGEIS and Comprehensive Plan. Mr. Stolman pointed out that the DGEIS and Comprehensive Plan are available on the Town's website and at the Town Clerk's Office. Mr. Stolman's presentation was an overview, or executive summary, of the DGEIS and Comprehensive Plan. At the conclusion of the presentation, Supervisor Ruggiero asked for comments from the public. Mary Schmalz, of Edgehill Drive, was first to speak. Mrs. Schmalz asked if the DGEIS and Comprehensive Plan were available at the Grinnell Library. Supervisor Ruggiero replied that he didn't believe it was, but it was available on the internet. Mrs. Schmalz commented that everyone does not have a computer. Supervisor Ruggiero stated that copies will be available at the library. Councilman Bettina asked if they could be put at the Beacon and Fishkill Libraries as well. Joe Incoronato, of Ronsue Drive, stated that he is a longtime resident and remembers a situation approximately 35 years ago during which water had to be trucked into Montclair. Then about 7-8 ago, Fleetwood ran out of water and needed to tap into the Fishkill water supply. Again, a year or two ago, Chelsea needed to draw water from the Village of Fishkill due to quality and quantity issues. He pointed out that the Plan calls for high development in the Hughsonville area. He stated that this is pumping out of the same underground aquifer, which he believes is one of the poorest in the Town, if not the County. He does not see the wisdom of putting high density development in the Hughsonville area. He also commented that this would exacerbate an existing traffic problem. Mr. Incoronato then asked about the business development plan for Route 9D. He wanted to know where the people would park. One component that Mr. Incoronato was pleased with was the 500 less density units, because it meant less children coming into the school district. Supervisor Ruggiero replied that Mr. Incoronato incorrectly stated that all of the density is going on New Hamburg Road. Right now the zoning on New Hamburg Road is R40/80, which is one acre/two acre development. The Reese family approached the Town with a plan for the development of the Obercreek estate. The developer has stated that they intend on focusing all of the density on the northernmost section of the property, where the Tri -Municipal sewer line goes through. There will be 3, 5 & 10 acre zoning along New Hamburg Road. Eighty acres of the 234 acre estate is going to be dedicated as a farm, with a permanent conservation easement creating a farm. The Supervisor added that Mr. Incoronato's comments about the water are correct. He went on to say that the Reese family has Town of Wappinger Page I Printed 8/6/2007 Special Meeting Minutes July 19, 2007 employed engineers to conduct studies. They found that there is sufficient water to develop the estate. They have the right to sell off the estate to be developed. This plan allows the Town to incorporate smart growth principles, protect open space and viewsheds, and cluster property. There will also be permanent conservation easements and restrictions and deed restrictions on the parcels so that they cannot be further subdivided. There is so much water found on the Reese parcel that the Town is negotiating to bring water to the Tall Trees Subdivision. The Board proposed a solution in 2003 to correct the water situation in Tall Trees. The residents of Montclair did not want to participate in a solution that would help Tall Trees. In summary, the Supervisor stated that he believes this Obercreek plan is a step in the right direction. Next to speak was Wayne Thompson, a resident of Hasbrouck Drive in Poughkeepsie. Mr. Thompson stated that he is the spokesman for residents of Old State Road in "Area 21" on the map. Area 21 is proposed to be changed from HB to MU. He first thanked Mr. Stolman for the presentation and the Town Board for getting the Plan and the DGEIS on the website. He noted that the companion guide is not online. Mr. Stolman and Supervisor Ruggiero stated that it should be online within a week or so. Mr. Thompson continued with his comments about Area 21. The residents that Mr. Thompson represents are concerned that, according to the DGEIS, 883 condominium units could be built in the area. He believes that this would cause the residents to be forced out of the area. He stated that their houses are non -conforming uses in an HB zone, and would need a $5500 site plan approval for improvements to their houses. They would like "residences" to be added as permitted uses in the new zoning. Supervisor Ruggiero informed Mr. Thompson that his statements are not accurate. Mr. Stolman added that these properties are likely to become more conforming, if not totally conforming. The current zoning is commercial and the residences are non -conforming. The plan is to zone the area as MU, which is still commercial and permits residential. Supervisor Ruggiero told Mr. Thompson that the Town will look into the matter, but he doesn't believe his comments are accurate. Mr. Thompson continued on with the rest of the residents concerns and read a prepared statement, which he submitted to the Town Clerk. Supervisor Ruggiero pointed out that he is also concerned with some of the facts that Mr. Thompson has stated in the letter. Discussion followed. The next resident to speak was Chris Iverson, of Stoneykill Road. Mr. Iverson suggested a biodiversity assessment, such as the one conducted by the Town of Fishkill. Next, he suggested a public river pool, such as the one constructed in Beacon. He noted that all of the engineering challenges have been addressed and all approvals obtained by a neighboring municipality. At the request of the Board, Mr. Iverson explained the idea of a river pool. Mr. Thompson's last comment was about the Creek Road area. He thought that the Town might be able to apply for "scenic byway status", expand the Wheeler Hill Historic District to include the Creek Road area, establish Creek Road as a natural recreation corridor and/or make sections of Creek Road "one-way" or "no vehicular traffic". Mr. Iverson provided the Town Clerk with a copy of his comments. Denis Chambers, of Route 82, asked if his property could be involved in the plan for the development of Swartoutville. Supervisor Ruggiero replied that it is a possibility. Councilman Beale agreed with Mr. Iverson's comments about Creek Road. The Town frequently discusses Hudson River access. Access to Wappinger Creek is just as important. He pointed out that there is a parcel on the corner of Old Troy Road and New Hamburg Road that the Town may be interested in obtaining to improve the residents access to the Creek. Supervisor Ruggiero added that the Town will also be getting recreation property out on Sprout Creek. Jay Paggi, Town Engineer, commented that it is about seven acres. The Blackwatch Subdivision and the Woods Edge Subdivision also deeded the Town creek frontage for recreation uses. Councilman Bettina thanked Mr. Incoronato for his comments about the water. The Chelsea area is still having problems with water. Mr. Bettina will not support additional density in that area. He believes the hamlet concept is a good one, but the traffic on Route 9D is horrendous. He believes that the Town needs to find other ways to bring water into the Tall Trees area. Councilman Paoloni stated that he would like the Plan to include sections on how to keep the Town more affordable for the people that already live here. He mentioned the topic of higher density and more growth. He asked how the Town planned to get these new residents from place to place. He also would like to see more meaningful discussion about the development of the Reese property. Councilman Beale feels that the Town should look at the projects that are going to help other residents of the Town. There are issues with water in the Tall Trees and Fowlerhouse Road areas, and there are opportunities on the table now to address those issues. Councilman Bettina stated that Councilman Paoloni had a good point about retaining the current Town residents. The Town should be ensuring that the seniors and children are not Town of Wappinger Page 2 Printed 8/6/2007 Special Meeting Minutes July 19, 2007 forced out of the area. Councilwoman McCarthy agreed and cited an example in which relatives of hers had to move to another town because they couldn't find an affordable home. Angela Bettina, of Chelsea Road, stated that the water issue is most important. She pointed out that she does not have water where she lives; she has well water. She expects the Board to help the people in her area and she looks forward to that. She does not want to hear about new development. She wants the Town to help the residents that live here now. Supervisor Ruggiero commented that a map, plan and report will be prepared this coming summer that will show the expansion of the water system to existing homes in four areas in the Town. He then discussed the Chelsea Ridge pipe. The pipe is dry due to engineering problems. Once the line is turned on, the Town could approach the company to have the pipe dedicated to the Town. Supervisor Ruggiero finished by saying that the issue is not forgotten, but it is not in within the Board's control. Ms. Bettina ensured the Supervisor that it would not be forgotten. She clarified that she is complaining about the Chelsea Ridge Apartment area. Supervisor Ruggiero explained that the firm is pursuing a solution to its problern. Ms. Bettina replied that their solution is not working and they are pulling from the water supply in the area. Supervisor Ruggiero explained to her that they are entitled to pull from the water supply. Ms. Bettina answered that the residents are also entitled to the water which is why the problem needs to be fixed. Supervisor Ruggiero replied that they are working to fix the problem. Ms. Bettina wants the community to fix the problem. Supervisor Ruggiero then explained that this complex has invested its own private dollars to fix the problem. They have the resources to invest the capital into a pipeline that the Town would not have been able to provide otherwise. Supervisor Ruggiero asked if there were any other comments. There were none. Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 8:33 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni III. Adjournment 1. Motion To: adjourn at 8:33 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 8:33 PM. CA r, P�L, hn C. asterson Town Clerk Town of Wappinger Page 3 Printed 8/6/2007 TOWN BOARD= TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING IN CONNECTION WITH DRAFT TOWN COMPREHENSIVE PLAN AND DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT (DGEIS) 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 July 4th, 2007, your deponent posted a copy of the attached Notice of Public Hearing in Connection with Draft Town Comprehensive Plan and Draft Generic Environmental Impact Statement (DGEIS), 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. Sworn to before me the 10th da of July, 2007 NOTAR PUBLIC Q�) -r - ( - A Phn C. gasterson Town Clerk Town of Wappinger MARIA CILBR►DE Notary P,•b►i f, State of New York.: Reg. No. D1C15087374 Commission Expi est chNov. 3Co my ' SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A -F -F i cia+...I 1 t CDO-F F:>"b 1 1 Ca -t 1 tea" To. WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice :t#78069 State of NEW YORK 1 } SS: County of DUTCHESS } I; TINA HEATH, 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 07/04/07. Sworn to before me this 4th day of July, 2007 ALBERT M OSTEN Notary public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County NY commission expires on hIay 16, 2011 �Fc 1�0 ti ' _.. JUL 13 2007 TOWN CLFERK L Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess PEC EIv i JUL 0 6 2007 City of Poughkeepsie TOWN CLERK 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 printed and published every day in the year 2007 in the city of Poughkeepsie.; Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper forone insertMbks successively, in each week, commencing on the 4th day of July in the year of 2007 and on the following dates thereafter, namely on: and ending on the i day of in the year of 2007 ,both days inclusive. i Subscribed and sworn to before me this day 0TA>thjj&A,ein the year of 2007 1 WA NotaVPublic My commission expires LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 Qualified in Dutchess Co rnty ;ion Expires l0(4 1 0!i---_ T