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2007-07-19 RGMTOWN 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 Town Board Meeting July 19th, 2007 6:45 PM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 6:45 PM Meeting called to order on July 19th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Minutes Approval 1. Monday, June 25th, 2007 III. Public Hearings 1. Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Sidewalk District 2. Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Drainage District 3. Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Street Lighting District 4. Resolution Introducing Local Law No. of the Year 2007, "Local Law Amending Sections 23046, 230-47, and 230-48 of the Code of the Town of Wappinger, to Prohibit Parking, Stopping or Standing on Both Sides of Recreation Drive From its Intersection with Robinson Lane Easterly for a Distance of 300 Feet" 5. Resolution Introducing Local Law No. of 2007 Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions IV. Resolutions 2007-145. Resolution Authorizing Refund of Unused Escrow for 18 Adams Street for Swale 2007-146. Resolution Accepting Alex Reese Donation for Carnwath Farms 2007-147. Resolution Scheduling Public Hearing for the Bartlett Re -Zone 2007-148. Resolution Scheduling Public Hearing for the Chambers Re -Zone 2007-149. Resolution Establishing Cranberry Hills Sidewalk District 2007-150. Resolution Establishing Cranberry Hills Drainage District 2007-151. Resolution Establishing Cranberry Hills Street Lighting District 2007-152. Resolution Adopting Local Law No. of the Year 2007, "Local Law Amending Sections 230-46, 230-47, and 230-48 of the Code of the Town of Wappinger, to Prohibit Parking, Stopping or Standing on Both Sides of Recreation Drive From its Intersection with Robinson Lane Easterly for a Distance of 300 Feet" 2007-153. Resolution Adopting Local Law No. of 2007 Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions V. Adjournment TF Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us ^� Minutes ~ Chris Masterson Thursday, July 19th, 2007 6:45 PM Town Hall 1. Call to Order Supervisor Ruggiero called the Meeting to Order at 6:51 PM. Attendee Name fJliizaton 7'ie [ 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 Minutes Approval Monday, June 25`h, 2007 Public Hearings Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Sidewalk District Supervisor Ruggiero opened the Public Hearing at 6:52 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). Pat O'Sullivan, an attorney from the offices of Keane & Beane, P.C., spoke on behalf of the petitioner. He mentioned that his client have all of their petitions in. There will be no cost to the town. All costs will be borne by the subdivision. Supervisor Ruggiero thanked Mr. O'Sullivan for coming. He then asked if there were any other comments. There were none. Councilwoman McCarthy made a motion to close the Public Hearing at 6:52 PM. The motion was seconded by Councilman Bettina and passed unanimously. The Public Hearing closed at 6:52 PM. RESULT: CLOSED [UNANIMOUS] ` MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 1 Printed 8/2/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ESTABLISHMENT OF THE CRANBERRY HILLS SIDEWALK DISTRICT 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 on the Establishment of the Cranberry Hills Sidewalk District, 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 ok(h, 6i�� Oohn C. Masterson Town Clerk Town of Wappinger MARIA GILSR{DE Notary P-blic, State of New York Reg. No. OTGI50Q7374— Qualified in DutchPis t ou �. Commission Expires Nov. 3,"` SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A-Ff1czat%-+'1t cs-F Pub13 a1:..1c>n To: b)APPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #78073 State of NEW YORK } } 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 My commission expires on May 16, 2011 i i i L Special Meeting Minutes July 19, 2007 Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Drainage District Supervisor Ruggiero opened the Public Hearing at 6:53 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 opened the floor for public comment. Councilman Paoloni asked if the costs would be picked up if the area, and its surrounding area, flooded. Supervisor Ruggiero replied that it doesn't have anything to do with flooding. It only has to do with the drainage system. He went on to explain what would be paid for by the Town and what would be paid for by the district. Discussion followed. Councilwoman McCarthy made a motion to close the Public Hearing at 6:55 PM. Councilman Bettina seconded the motion and it passed unanimously. The Public Hearing was closed at 6:55 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 2 Printed 8/2/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ESTABLISHMENT OF THE CRANBERRY HILLS DRAINAGE DISTRICT 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 on the Establishment of the Cranberry Hills Drainage District, 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 �hn C. Masterson Town Clerk Town of Wappinger MARIA C1tSRIDE Notary Pvblic, State of New York Reg. No. OIG15087374 Q#itled in Dutchass County Commission Expires Nov. 3, 11 po� 7V SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 R -F -F 3 Ciao 3 -t C> -F Pub 1 i +cat 3. c►" To: WAPPINGERS FALLS, TOWN P .O . BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #78072 State of NEW YORK } } 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 MY commission expires on May 16, 2011 L XI 11 1 b t (1 Y Y C l(1 41,111 {Y ��.11� C�I �Z Lrif N (} y 1 )� a l ��' A,t��1d1C�� aTx�tiLd s7,aY�E; � �t�rti9 �1 V) i r k d1 Yd C gn111YrTi � d Ia-,_ Ir-ff, r fI� i]rM 1 , ' ,,L S f f �a✓^ Z7r o�. oil �F al P t,r1 ;I (� z�� 1 at�� 1 4& 1 1 �rip f-ttV, 'Lir' �T 1 ol;fifi 8 �`gL"t7 14 f t �r b,i ���iz; of 1p'�j A l�P1 � l , v,l �N�`3�1f 1�� � .cH'���4; �'P ?,! �l y(iT � ■ Tl C1 S Z t 1 t��}. f� Ntl a Y ��v, i, 1 t, �p 'r1} ^t - a , �. L�'I'r � � i��IJr+J �di(r` i5 yr E SI t " hCG ��}�i 1:i 1'( • �— .X t a �� ,der t 1 At• � ai i1 s!� �- �1 r� ik�U �t it ��� o ry n, d � q � • � . 3 YkS r1 s r 9. �_ d ,�Mi. .i a c a. � e a � g #1#s �A i, , 1 �x'�y7��ti(J�Y.o be, fore me this V i ,il yeaIr of 2007 A,iaYwd; 1 r i >i a I 7ilY iplel It } 1�1 rGY 1$ hila T, C (fir _�1 �Lix� , L1 �.4 V (n la��M F"�r r0i �C�r s � r Special Meeting Minutes July 19, 2007 Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Street Lighting District Supervisor Ruggiero opened the Public Hearing at 6:53 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 asked if there were any comments. There were none. Councilwoman McCarthy made a motion to close the Public Hearing at 6:56 PM.. The motion was seconded by Councilman Bettina and passed unanimously. The Public Hearing was closed at 6:56 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 3 Printed 8/2/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ESTABLISHMENT OF THE CRANBERRY HILLS LIGHTING DISTRICT 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 on the Establishment of the Cranberry Hills Lighting District, 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 day f July, 2007 NOTARY BLIC . - - � 4jw-. - --- �'-' ohn C. asterson Town Clerk Town of Wappinger MARIA GILBRIDE Notary P-blic, State of New York Reg. No. OIG15087374 Qualified in Dutchass count commission Expires Nov. 3,42_ SQUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 !:,k -F -F 1L %,.- 1 t c, -F Fz>"L> l 1. c :3 t 3 Cs n To: WAPPINGERS FALLS, TOWN P.O. BOX 324 , WAPPINGERS FALLS, NY 12590 Re: Legal notice #780.71 State of NEW YORK ) ) EIS: 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, Count.\/ 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. - rld-�(2 GZ^�� Sworn to before me this 4th day of July, 2007 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240750 Qualified in DUTCHESS County Ply commission expires on May lb, 2011 i L ,�3'-i.i iw -� r ' ei1�� +anti �` t t`✓vr ra I a�rnr R.F"tt i i�tP, vt Mau ' • %�-lil Yz:`a 'Ty �; ' tl - 7 iia �i J�� ��P, �._ � :ii n���It ��4Cj` kr ri if ;�� � � r5 �•r r'ri � � J, o'9 r:. v•ug 0e an �' C rltt. r f��ybr, i L�.� Via, eta r t e r t 1 kKa hF s(Y is �� r� fixi iF'41' = :u t r 1 Iii i x t 7 "fie �r6 r� " i Noticenexed r f %L{ �2�t�J t l ri 1P La a L i1 F Fr 56 a C1 rx� + SrT T w } 1 �yil i Edo l 'J4 . 1 �, 4 i U }9 i SDOWS paper • • - #x � fir; 7 av �. t � _} 1 9 ,..1. � Its Nth � r n,l �. 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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 asked if there were any comments from the public. There were none. Councilman Paoloni made a motion to close the Public Hearing at 6:57 PM. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 6:57 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 4 Printed 8/2/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW TITLED, "LOCAL LAW AMENDING SECTIONS 230-46, 230-47, AND 230-48 OF THE CODE OF THE TOWN OF WAPPINGER, TO PROHIBIT PARKING, STOPPING OR STANDING ON BOTH SIDES OF RECREATION DRIVE FROM ITS INTERSECTION WITH ROBINSON LANE EASTERLY FOR A DISTANCE OF 300 FEET" 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 on the Local Law Titled, "Local Law Amending Sections 230- 46, 230-47, and 230-48 of the Code of the Town of Wappinger, to Prohibit Parking, Stopping, or Standing on Both Sides of Recreation Drive From Its Intersection with Robinson Lane Easterly for a Distance of 300 Feet", 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 ropv2o;,;�, 40 1"la, '6hn C. Ma terson Town Clerk Town of Wappinger MARIA GILBRIOE Notary P�tlic, State- of New York Reg..No. 01 GI5087374 Qualifiedin Mons Cou�� Commission bpires Noy. 3, � SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590. in�-F-Ficl��3-t <:). -F P"L>X 1-+cat1Lcsn To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #78066 State of NEW YORK } } 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 My commission expires on May 16, 2011 �F'`�`� . jut., i TOWN CLERK L Poughkeepsie Journal - r Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION BEFN,, , State of New York .JUL 0 6 2007 County of Dutchess TOWN CLERK 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 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 insertiWbks successively, in each week, commencing on the dth day of July in the year of 2007 and on the following dates thereafter, namely on: and ending on the day of in the year of 2007 ,both days inclusive. Sub scribed and sworn to before me this day of in the year of 2007 Ll I �j Notary Public My c mmission expires Q LESLIE SF ERADEN Notary Public, S13te of New York No 01SH 018755 Qualified in Du zhess Q Commission Expires Special Meeting Minutes July 19, 2007 Resolution Introducing Local Law No. of 2007 Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions Supervisor Ruggiero opened the Public Hearing at 6:58 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 asked if there were any comments from there public. There were none. Councilman Bettina made a motion to close the Public Hearing at 6:58 PM. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was closed at 6:58 PM. RESULT: CLOSED [UNANIMOUS]' MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 5 Printed 8/2/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW REGARDING AMENDMENTS TO THE TOWN CODE BASED UPON SITE PLANNING ROUNTABLE DISCUSSIONS 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 on the Local Law Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions, 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 dday of July, 2007 NOTARY UBLIC hn C. M sterson Town Clerk Town of Wappinger MARIA GILBRIDE Notary P,�blic, State of New York Reg. No, O1 G15087374 Qualified in DutchPss Co�!�.r" Commission Expires Nov: 3, SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A-Ff1ClaN/1t� C> -F Pub114--- •tzC>n To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #78067 State of NEW YORK } SS: County of DUTCHESS 1 I, TINA HEATH, beim 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 AL Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on May 16, 2011 PEr- F'\ JUL 1;4 2007 TOWN CLERK 11 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess JUL 0 6'200% City of Poughkeepsie _ IK 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 insert%W9ks successively, in each week, commencing on the 4t -_h day of July in the year of 2007 and on the following dates thereafter, namely on: and ending on the day of in the year of 2007 ,both days inclusive. Subscrib d and sworn to before me this day of >1 in the year of 2007 r Notary ublic LESLIE SHERADEN My commission expires 01 Lt Notary Public, State of New York No 01SH5018755 Qualrf,ed ui Outche s C n COmmlI islwl cxplres Special Meeting Minutes July 19, 2007 IV. Resolutions RESOLUTION: 2007-145 Resolution Authorizing Refund of Unused Escrow for 18 Adams Street for Swale WHEREAS, on or about December 27th, 2004, Donald Mazochi deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for the property located at 18 Adams Street for Swale, and WHEREAS, Donald Mazochi has requested a refund in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00) 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. Payment is retroactively approved in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00) made payable to Donald Mazochi, for the refund of the unused escrow deposited for the property located at 18 Adams Street. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-145 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 8 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ ❑ Joseph Paoloni Initiator 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-146 Resolution Accepting Alex Reese Donation for Carnwath Farms WHEREAS, by letter dated June 27th, 2007, Lazard Asset Management LLC, a New York company located at 30 Rockefeller Plaza, New York, New York, has sent two (2) checks in the amount of Fifteen Thousand Dollars and 00/100 ($15,000.00) each, totaling Thirty Thousand Dollars and 00/100 ($30,000.00), which were donated to the Town to go towards Camwath Farms; and WHEREAS, one check for Fifteen Thousand Dollars and 00/100 ($15,000.00) is a gift from The Reese Charitable Lead Trust on behalf of the trustees, Mrs. Frances Olivieri and Mr. George Reese; and WHEREAS, the second check for Fifteen Thousand Dollars and 00/100 ($15,000.00) is a gift from Mr. Alexander Reese; and WHEREAS, the Town Board has agreed to accept the monetary donation 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 conditionally agrees to accept the gift of Thirty Thousand Dollars and 00/100 ($30,000.00) to be placed in the Capital Fund and to be used towards the rehabilitation of the first floor in the mansion located at Carnwath Farms. The foregoing was put to a vote which resulted as follows: Vote Record -Resolution RES -2007-146 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D ❑ _ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator a ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 6 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 RESOLUTION: 2007-147 Resolution Scheduling Public Hearing for the Bartlett Re -Zone WHEREAS, the Town of Wappinger received an application from John C. Bartlett and Susan M. McIntyre (the "Applicants") for a change of zone from the existing R-40 One Family Residence District to the General Business (GB) District; and WHEREAS, the property is known as Tax Lot 6259-04-530276 on the Town of Wappinger Tax Assessment Maps and is located at 1602 Route 376 (the "Subject Property" or "Site"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its SEQRA determination at the conclusion of the Public Hearing on the subject rezoning petition. 2. The Town Board hereby schedules a public hearing regarding the subject rezoning petition for 7:30 PM on the 27th day of August, 2007, 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. 3. The Town Board hereby directs the Town Clerk to serve a copy of this resolution, the subject rezoning petition application, 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. The foregoing was put to a vote which resulted as follows: ✓ vote Record - Resolution RES -2007-147 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy ........... Seconder a ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-148 Resolution Scheduling Public Hearing for the Chambers Re -Zone WHEREAS, the Town of Wappinger received an application from Dennis M. Chambers (the "Applicant") for a change of zone from the existing R-40 One Family Residence District to the Neighborhood Business (NB) District; and WHEREAS, the property is known as Tax Lot 6356-01-206904 on the Town of Wappinger Tax Assessment Maps and is located at 319 Route 82 (the "Subject Property" or "Site"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its SEQRA determination at the conclusion of the Public Hearing on the subject rezoning petition. 2. The Town Board hereby schedules a public hearing regarding the subject rezoning petition for 7:30 PM on the 27th day of August, 2007, 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. 3. The Town Board hereby directs the Town Clerk to serve a copy of this resolution, the subject rezoning petition application, 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. Town of Wappinger Page 7 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution ICES -2007-148 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter El 11 Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-149 Resolution Establishing Cranberry Hills Sidewalk District WHEREAS, the written Petition of Cranberry Hills LLC dated May 30th, 2007, executed by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC, petitioner and owner of 100% of the Cranberry Hills Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York, requesting the approval of a sidewalk district to be known as the "CRANBERRY HILLS SIDEWALK DISTRICT", which is more particularly described in the Map, Plan and Report for the Cranberry Hills Subdivision dated May 22nd, 2007, prepared by Paggi, Martin & Del Bene, LLP, and filed in the office of the Town Clerk; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Cranberry Hills Sidewalk District", dated May 22nd, 2007, and relating to the establishment of the proposed sidewalk district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report has been duly filed with the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 25th, 2007, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying July 19th, 2007, as the date, at 6:45 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of such Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on July 19th, 2007 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Keane & Beane, P.C., appearing on behalf of the Petitioner in favor of the Petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Cranberry Hills LLC, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioner as 100% owner of the property was duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the CRANBERRY HILLS SIDEWALK DISTRICT was signed and acknowledged as required by law and is otherwise sufficient. 5. All the property and property owners within the proposed district are benefited Town of Wappinger Page 8 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no start up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated annual cost of Operation and Maintenance of the proposed improvements is estimated to be $23,200 resulting in a cost to the typical property therein, equally divided among 232 lots, of One Hundred and 00/100 Dollars ($100.00) per lot for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report, which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the CRANBERRY HILLS SIDEWALK DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the CRANBERRY HILLS SIDEWALK DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said sidewalk district shall be bounded and described as set forth in Exhibit "A" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said sidewalk district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Cranberry Hills LLC, wholly at its own expense, and Petitioner has agreed to convey such sidewalk improvements (including curbs) within a subdivision phase to the Town without cost to the Town of Wappinger and/or the CRANBERRY HILLS SIDEWALK DISTRICT, free and clear of any liens or encumbrances once the sidewalk improvements (including curbs) required for a given subdivision phase have been properly constructed to the satisfaction of the Town and at the same time as the proposed roads and rights of way for a subdivision phase are conveyed; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the sidewalk improvements (including curbs) as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Cranberry Hills LLC, for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to § 195 of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007449 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Seconder ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ® ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Voter ® ❑ ❑ _ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ ® ❑ ❑ Joseph Paoloni Voter ❑ Rl ❑ ❑ Councilwoman McCarthy requested that the Minutes show that she does not support building that parcel so she is not going to support the creation of these three districts. Dated: Wappingers Falls, New York July 19' , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 RESOLUTION: 2007-150 Resolution Establishing Cranberry Hills Drainage District WHEREAS, the written Petition of Cranberry Hills LLC, dated May 30th, 2007, executed by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC, petitioner and owner of 100% of the Cranberry Hills Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York, requesting the approval of a drainage district to be known as the "CRANBERRY HILLS DRAINAGE DISTRICT", which is more particularly described in the Map, Plan and Report for the Cranberry Hills Subdivision dated May 22nd, 2007, prepared by Paggi, Martin & Del Bene, LLP, filed in the office of the Town Clerk; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Cranberry Hills Drainage District", dated May 22nd, 2007, and relating to the establishment of the proposed drainage district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 25th, 2007, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying July 19th, 2007, as the date, at 6:45 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of such Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on July 19th, 2007, at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Keane & Beane, P.C., appearing on behalf of the Petitioner in favor of the Petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Cranberry Hills LLC, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioner as 100% owner of the property was duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the CRANBERRY HILLS DRAINAGE DISTRICT was signed and acknowledged as required by law and is otherwise sufficient. 5. All the property and property owners within the proposed district are benefited thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no hook-up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated annual cost of Operation and Maintenance of the proposed improvements within the district is estimated to be $58,000 resulting in a cost to the typical property therein, equally divided among 232 lots, of Two Hundred Fifty and 00/100 Dollars ($250.00) per lot for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report, which has been filed in the Office of the Town Clerk, and the same has been made available during regular Town of Wappinger Page 10 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the CRANBERRY HILLS DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the CRANBERRY HILLS DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report, is hereby approved and established and said drainage district shall be bounded and described as set forth in Exhibit "A" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said drainage district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Cranberry Hills LLC, wholly at its own expense, and Petitioner has agreed to convey such improvements within a subdivision phase to the Town without cost to the Town of Wappinger and/or the CRANBERRY HILLS DRAINAGE DISTRICT, free and clear of any liens or encumbrances once the drainage facilities required for a given subdivision phase have been properly constructed to the satisfaction of the Town; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvements as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Cranberry Hills LLC, for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report, or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to § 195 of the Town Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-150 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ 0 ❑ ❑ Jos h Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-151 Resolution Establishing Cranberry Hills Street Lighting District WHEREAS, the written Petition of Cranberry Hills LLC dated May 30th, 2007, executed by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC, petitioner and owner of 100% of the Cranberry Hills Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York, requesting the approval of a lighting district to be known as the "CRANBERRY HILLS STREET LIGHTING DISTRICT", which is more particularly described in the Map, Plan and Report for the Cranberry Hills Subdivision dated June 1St, 2007, prepared by Paggi, Martin & Del Bene, LLP, filed in the office of the Town Clerk; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Cranberry Hills Street Lighting District", dated June 1St, 2007 and relating to the establishment of the proposed lighting district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and Town of Wappinger Page 11 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 25th, 2007, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying July 19th, 2007, as the date, at 6:45 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of such Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on July 19th, 2007 at 6:46 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Keane & Beane, P.C., appearing on behalf of the Petitioner in favor of the Petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Cranberry Hills LLC, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioner as 100% owner of the property was duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the CRANBERRY HILLS STREET LIGHTING DISTRICT was signed and acknowledged as required by law and is otherwise sufficient. 5. All the property and property owners within the proposed district are benefited thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed district. 7. There will be start up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated annual cost of Operation and Maintenance (including electricity) of the proposed improvements is estimated to be $99,760 Dollars, resulting in a cost to the typical property therein, equally divided among 232 lots, of Four Hundred Thirty and 00/100 Dollars ($430.00) per lot for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the CRANBERRY HILLS STREET LIGHTING DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the CRANBERRY HILLS STREET LIGHTING DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said lighting district shall be bounded and described as set forth in Exhibit "A" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said lighting district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Cranberry Hills LLC, wholly at its own expense, and Petitioner has agreed to convey such improvements to the Town without cost to the Town of Wappinger and/or the CRANBERRY HILLS STREET LIGHTING DISTRICT, free and clear of any liens or encumbrances once the lighting facilities required for a given subdivision phase have been properly constructed to the satisfaction of the Town at the same time as the new roads and sidewalks within a phase are conveyed; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the lighting improvements as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, Town of Wappinger Page 12 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Cranberry Hills LLC, for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to § 195 of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-151 Yes/Aye No/Nay Abstain Absent 8 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ® ❑ ❑ 13 ❑ Defeated Vincent Bettina Seconder 0 11 ❑ ❑ Tabled ❑ Maureen McCarthy Voter ❑ ® ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ ® ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-152 Resolution Adopting Local Law No. 9 of the Year 2007, "Local Law Amending Sections 230-46, 230-47, and 230-48 of the Code of the Town of Wappinger, to Prohibit Parking, Stopping or Standing on Both Sides of Recreation Drive From its Intersection with Robinson Lane Easterly for a Distance of 300 Feet" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Local Law Amending Sections 230-46, 230-47, and 230-48 of the Code of the Town of Wappinger, to prohibit parking, stopping or standing on both sides of Recreation Drive from its intersection with Robinson Lane easterly for a distance of 300 feet"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, official newspapers of the Town of Wappinger; and WHEREAS, the Public Hearing was held on July 19th, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts Local Law No.9 of the Year 2007 in the form annexed hereto. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. Town of Wappinger Page 13 Printed 8/2/2007 Special Meeting Minutes July 19, 2007 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2007-152 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ El ❑ Defeated Vincent Bettina Voter _ _ 11 El 110 ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 14 Printed 8/2/2007 LOCAL LAW #9 OF THE YEAR 2007 A Local Law entitled "Local Law Amending Sections 230-46,230-47, and 230-48 of the Code of the Town of Wappinger, to prohibit parking, stopping or standing on both sides of Recreation Drive from its intersection with Robinson Lane easterly for a distance of 300 feet" BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title. This Local Law shall be known and cited as Town of Wappinger Local Law #9 of 2007, and entitled "Local Law Amending Sections 230-46,230-47, and 230-48 of the Code of the Town of Wappinger, to prohibit parking, stopping or standing on both sides of Recreation Drive from its intersection with Robinson Lane easterly for a distance of 300 feet." Section II: Legislative Intent. It is the determination of the Town Board of the Town of Wappinger that parking be prohibited on the portion of Recreation Drive from its intersection with Robinson Lane easterly for a distance of 300 feet. Recreation Drive is the entrance to the Town of Wappinger Recreation Field, a major sports complex at which numerous recreational and athletic events occur almost daily on a seasonal basis. The Town Board has determined that in the interest of public safety, that it is in the best interest of motorists and pedestrians entering the recreational field, and in the best interest of the surrounding neighbors that parking be prohibited as previously indicated. Accordingly, it is the expressed determination of the Town Board that in the interest of the public health, safety and welfare of the residents of the Town of Wappinger to prohibit parking, stopping or standing on both sides of Recreation Drive from its intersection with Robinson Lane easterly for a distance of 300 feet. The Town Highway Superintendent, the Town Engineer and the Town Recreation Director have all concurred in the adoption of this Local Law. -1- Section III: Parking Prohibited. Section 230-46 entitled "Schedule XII: Parking Prohibited at All Times" is hereby amended by including, in alphabetical order, the following portion of Recreation Drive to said "Schedule XII: Parking Prohibited at All Times" as follows: Name of Street Side Location Recreation Drive Both From its intersection with Robinson Lane, easterly for a distance of 300 feet. Section IV: No Stopping. Section 230-47 entitled "Schedule XIII: No Stopping" is hereby amended by including, in alphabetical order, the following portion of Recreation Drive to said "Schedule XIII: No Stopping", as follows: Name of Street Side Location Recreation Drive Both From its intersection with Robinson Lane, easterly for a distance of 300 feet. Section V: No Standing. Section 230-48 entitled "Schedule XIV: No Standing" is hereby amended by including, in alphabetical order, the following portion of Recreation Drive to said "Schedule XIV: No Standing", as follows: Name of Street Side Location Recreation Drive Both From its intersection with Robinson Lane, easterly for a distance of 300 feet. Section VI: Numbering for Codification. -2- It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section VII: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, sub -section, 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 application 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 thereof is held inapplicable, had been specifically exempt therefrom. Section VIII: Ratification. Except as amended by these additions to Sections 230-46, 230-47 and 230-48, the Code of the Town of Wappinger is hereby ratified, confirmed and readopted. Section IX: Effective Date. -3- This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. -4- Special Meeting Minutes July 19, 2007 RESOLUTION: 2007-153 Resolution Adopting Local Law No. 10 of 2007 Regarding Amendments to the Town Code Based Upon Site Planning Roundtable Discussions WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code should be amended based upon the Site Planning Roundtable Discussions held by the Town in association with the New York State Department of Environmental Conservation's Hudson River Estuary Program and the Dutchess County Environmental Management Council (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 hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 10 of 2007; 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. The foregoing was put to a vote which resulted as follows: �` rirtln `:Rsotutla�d ItEOQ X53,' , . . _ �.... Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Seconder ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® ( ❑ l ❑ ❑ ❑ Tabled feated Vincent Bettina Voter El ❑ ❑ 11 13 Withdrawn Maureen McCarthy Initiator El ❑ ❑ ❑ Jos h Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York July 19t , 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 15 Printed 8/2/2007 LOCAL LAW # 10 OF THE YEAR 2007 A Local Law entitled "Local Law 410 of 2007, Amending the Code of the Town of Wappinger Based Upon Site Planning Roundtable Discussions." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law #10 of 2007, Amending the Code of the Town of Wappinger Based Upon Site Planning Roundtable Discussions." Section 2. Legislative Intent The intent of the proposed Local Law is to amend and improve the Town Code in a variety of areas based upon the Site Planning Roundtable Discussions held by the Town in association with the New York State Department of Environmental Conservation's Hudson River Estuary Program and the Dutchess County Environmental Management Council. Section 3. Amendments to Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection 1. A new definition shall be added to Section 137-5 and shall read as follows: CLEAR -CUTTING — The removal of more than ten (10) trees with a diameter at breast height (DBH) of six (6) inches or greater on a given lot within any twelve (12) month period. 2. New Sections 137-10.B(6) through (9) shall be added and shall read as follows: 2 (6) The permit shall require that a conservation easement which meets the satisfaction of the approval authority is placed on all wetland and wetland buffer areas to be preserved and protected, in accordance with the provisions of paragraph A above. (7) The permit shall require that all wetland and wetland buffer areas to be protected during construction shall be fenced as deemed appropriate by the Planning Board. Such fencing shall also apply, as deemed appropriate by the Planning Board, to disturbance and clearing limit lines. (8) . The permit shall require that all wetlands and wetland buffer areas to be permanently protected shall be physically demarcated in the field as deemed appropriate by the Planning Board. (9) If deemed appropriate by the Planning Board, the permit may specify how the wetland buffer areas are to be managed. Further, depending upon the quality of the wetland and/or its functions, the permit may require that the buffer areas be managed in accordance with the three -zone riparian buffer system developed by the USDA Forest Service.' Section 4. Amendments to Chapter 214, Streets and Sidewalks 1. Sections 214-46.0 shall be amended to read as follows: C. Suburban type highways. (This classification is intended to cover the majority of subdivision highways.) (1) The proposed highway shall not be or be reasonably expected to become a through, commercial or industrial highway. ' hq://www.na.fs.fed.us/spfo/pubs/n—resourceibuffer/cover.htm 3 2. 3. a 4. (2) The proposed highway shall be a dead end, loop or other minor highway within a development. (3) The proposed highway is not or cannot reasonably be expected to become a continuation or extension of a highway of one of the two above-described classifications. Should such be the case, the proposed highway shall take the classification of the highway of which it is a continuation or extension. (4) The proposed highway does not or cannot reasonably be expected to carry a substantial volume of traffic. A new Section 214-46.D shall be added which shall read as follows: Rural streets. (1) The proposed street shall be a dead end, loop or other minor street within a development. (2) The proposed street will not carry a substantial volume of traffic. (3) The driveways on the proposed street are long enough to accommodate enough off-street parking so that parking on the street is not reasonably expected to occur. (4) The proposed street will not have significant vertical or horizontal curves. Section 214-47.13 shall be revised to read as follows: Figures 2, 3, 4 and 4a show cross sections of each of the four classifications of subdivision highways/streets. These give the required design, dimensions and construction details which are applicable to a particular classification. Section 214-72.0 shall be amended to read as follows: M C. For storm drainage being enclosed in drainage pipes, all easements therefor shall contain a provision providing for the right to install underground pipes and to discharge stormwater therein. In this case, the developer shall also install in said easements pipe of a size sufficient to provide for present and future runoff. Alternately, where density, topography, soils, slopes and/or other conditions permit, the approval authority may allow the use of vegetative swales in lieu of drainage pipes. In such case, appropriate easements shall be provided for the vegetative swales. 5. Section 214-74 shall be amended to read as follows: § 214-74. Culs-de-sac. Wherever a temporary or permanent dead end is allowed on a subdivision street, a turnaround shall be constructed. This turnaround shall take the form of a circle as required by the Town Planning Board and shall be constructed as shown in Figures 15 and 16. The temporary type of construction shall be used only when authorized by the Town Planning Board because of the foreseeable future extension of the street. The circular -shaped turnaround shall be completely paved with no center island. Notwithstanding the above, in cases where the driveways on the cul-de-sac are long enough to accommodate enough off-street parking so that parking on the cul-de-sac is not reasonably expected to occur, the Planning Board may permit the construction of a landscaped island in the center of the cul-de-sac as shown in Figure 15a. 6. Figures 1, 4, 8 and 12 at the end of Chapter 214 shall be replaced by Figures 1, 4, 8 and 12 located at the end of this Local Law. 7. The new Figures 4a, 8a and 15a located at the end of this Local Law shall be added to the end of Chapter 114. Section 5. Amendments to Chapter 217, Subdivision of Land 5 1. Section 217-22.A shall be amended to read as follow A. Location, width and improvement. Streets shall be suitably located, of sufficient width and adequately improved to accommodate the expected traffic and to afford satisfactory access to police, fire -fighting, snow removal and other utility and road maintenance equipment, and shall be coordinated so as to compose a safe, efficient and convenient system. The location, arrangement and design of streets shall be such as to cause no undue hardship to adjoining properties. 2. Section 217-22.H shall be amended to read as follows: H. Design standards for new streets. All streets shall be designed in accordance with the Town of Wappinger Street Specifications, Town of Wappinger Code, Chapter 214, Article V. 3. Section 217-23.B(1) shall be amended to read as follows: (1) The subdivider may be required by the Planning Board to carry away by appropriate means any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width and shall be in accordance with the Town of Wappinger Highway Specifications. 4. Section 217-23.1)(6) shall be revised to read as follows: (6) Street trees. The Planning Board may require the planting of street trees. Such trees shall be of a hardwood variety indigenous to the neighborhood, shall not include invasive species, and shall be at least four inches in caliper at a planted G height of 10 inches above ground level. Where they are required by the Planning Board, such trees shall be planted along both sides of the street, outside of the street right-of-way and spaced approximately 75 feet on center. Section 6. Amendments to Chapter 240, Zoning 1. Section 240-96.C(2)(a) shall be amended to read as follows: (a) Landscaped islands shall be located at the ends of each parking bay which contains 10 or more spaces, separating adjacent rows of parking spaces at least every second parking bay and elsewhere as determined appropriate by the Planning Board to properly guide vehicle movement, to provide for plant growth and vehicle overhang, to provide for pedestrian circulation and to otherwise help assure proper traffic circulation, pedestrian safety and aesthetics. Such landscaped islands and the plantings within them shall be designed and arranged so as to provide vertical definition to major traffic circulation aisles, entrances and exits; to safely channel internal traffic flow; to prevent indiscriminate diagonal movement of vehicles; to provide cooling shade and relief from the visual impact, monotony and heat of large expanses of paved areas; and, where appropriate, to accommodate stormwater management practices such as bio -retention area, swales and sand filters. 2. A new Section 240-96.C(5) shall be added and shall read as follows: (5) Species. New planting shall be comprised of appropriate native species and shall not incorporate invasive species. 3. The first paragraph of Section 240-97 shall be labeled Paragraph A and shall be amended to read as follows: 7 § 240-97. Schedule of off-street parking requirements. A. Except where otherwise modified by other provisions of this chapter, off-street parking spaces shall be provided as follows. Off-street parking spaces in excess of the minimum numbers specified below shall not be permitted. Reasonable and appropriate off-street parking requirements for structures, and land uses which do not fall within the categories listed below or within the special standards of Article VIII shall be determined by the Planning Board. The Planning Board shall consider all factors entering into the parking needs of each such use or reuse of land or buildings and may, in the course of site plan or special permit review, reduce or increase the parking and loading requirements for such uses in an amount which it considers appropriate and in the best interest of the Town. In all cases, the Planning Board shall require appropriate safeguards for the provision of the required parking and loading facilities for uses for which standards exist. 4. A new Section 240-97.B shall be added and shall read as follows: B. Notwithstanding paragraph A above, the Planning Board, at its sole discretion, may reduce the cumulative parking requirement in a mixed use development, where it has been demonstrated to the Board that the peak parking requirements of the subject occupancies occur at different times (either daily or seasonally). In order to demonstrate this, the applicant shall provide a study for such parking reduction in accordance with the Urban Land Institute Shared Parking Report, the Institute of Transportation Engineers Shared Parking Guidelines, or other approved procedures. Section 7. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other �9- appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section 8. Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 9. 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 10. 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. Attachments: Figures 1, 4, 4a, 8, 8a, 12 and 15a M FIGURE 1 SUBURBAN STREET 50' R.O.W. SEE SHOULDER CURB or BERM DETAIL 2" TOP COUIF 12' 6" -2_11,- 1 1 CURB or BERM SEE SHOULDER DETAIL 2" TOP COURSE N. \,Ammmri-- PAGGI & MARTIN BINDER 12" FOUNDATION COURSE FIGURE 4 3" BINDER 4 12" FOUNDATION DATION COURSE PAGGI & MARTIN BINDER 12" FOUNDATION COURSE FIGURE 4 RURAL STREET 50' R.O.W. 15' -- 10' 10 6 15' I SEE SHOULDER i SEE SHOULDER DETAIL ( DETAIL 2" TOP COURSE 2" TOP COURSE 3" BINDER 3" BINDER • , � ' .•6• 1 � v - a.v : d f as �. 12" FOUNDATION �a ° 12" FOUNDATION COURSE I COURSE PAGGI & MARTIN FIGURE 4a SHOULDER DETAIL - EE CHART w m LOW POINT o -� SEE CHART � 6" „A» lW z w.�..,. Z . Ld d- Hd• 6" TOPSOIL — SEED, c r f a, f a f ci fl e MULCH & FERTILIZE .4 dqd 4 '4 a *SLOPE = f: 3 on 1 MIN 2 on 1 MAX STREET CURB or BERM to R.O.W. LOW POINT DISTANCE „A,. THROUGH STREET 9Y2.5' 4" COMMERCIAL l iv STREET 7, 5„ SUBURBAN STREET 123' 8' PAGGI & MARTIN FIGURE 8 6" FIGURE 8 FIGURE 8a INTERSECTION OF TWO NEW STREETS R.O.W. LINE —VAR LW104VIE I Moil \Iy T LI I m Q o' Q NOTES: 1. MINIMUM SIGHT DISTANCE AT INTERSECTIONS SHALL BE FROM FIGURE 9 OR AS APPROVED BY ENGINEER TO THE TOWN AND HIGHWAY SUPERINTENDENT 2. (A) 50' R.O.W. - 25' RADIUS 60' R.O.W. - 30' RADIUS (B) 20' PAVEMENT - 35' RADIUS 24' PAVEMENT - 38' RADIUS 30' PAVEMENT - 35' RADIUS 36' PAVEMENT - 42' RADIUS DRIVEWAY - 15' RADIUS PAGGI & MARTIN FIGURE 12 FIGURE 15a Special Meeting Minutes July 19, 2007 V. Adjournment 1. Motion To: adjourn at 7:15 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 7:15 PM. r n C. asterson Town Clerk Town of Wappinger Page 16 Printed 8/2/2007