Loading...
2017-11-27Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, November 27, 2017 7:30 PM Town Hall Call to Order Supervisor Lori A. Jiava called the meeting to order at 7:30 PM. Attendee Name Lori A. Jiava William H. Beale William Ciccarelli John J. Fenton Michael Kuzmicz Grace Robinson Organization Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Pledge of Allegiance Adopt Agenda 1. Motion To: Adopt Agenda Title Supervisor Councilman Councilman Councilman Councilman Deputy Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Correspondence Log RESOLUTION: 2017-176 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Status Present Present Present Present Present Present Arrived 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 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: Town of Wappinger Page 1 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 Dated: Wappingers Falls, New York November 27, 2017 The Resolution is hereby duly declared Adopted. V. Public Portion 1. Motion To: Open Public Portion Barbara Gutzler from Russet Drive referred to correspondence from Councilman Fenton in the form of an email that was filled with vulgarity. She requested that Mr. Fenton be denied any future open board position. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman Vote Record - Resolution RES -2017-176 Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Yes/Aye No/Nay Abstain Absent 0 Adopted ❑ Adopted as Amended Lori A. Jiava Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 0 ❑ ❑ ❑ El Tabled William Ciccarelli Voter ............. 0 .................. ❑ .................. ❑ ................ ❑ ........ ElWithdrawn John J. Fenton .....................Mover...,........ Seconders 0 ...... ❑ ,........ ❑ ..... ❑ ..... Michael Kuzmicz D El....... ❑ ❑ Dated: Wappingers Falls, New York November 27, 2017 The Resolution is hereby duly declared Adopted. V. Public Portion 1. Motion To: Open Public Portion Barbara Gutzler from Russet Drive referred to correspondence from Councilman Fenton in the form of an email that was filled with vulgarity. She requested that Mr. Fenton be denied any future open board position. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VI. Discussion 1. Motion To: Authorize Coleman DuSavage to go ahead with his Eagle Scout Proposal at Fleetwood Park He spoke about a Fleetwood Park restoration project. He suggested improving the playground section. He Dresented a man and Dlan for his Dotential work. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 2 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 2. Motion To: Wappinger HWY Radio Lease This was previously approved as Resolution 2017-113 on July 10th with the provision that the amount listed would serve as the maximum amount. While the Town Board approved a different contract at this November 27th meeting, it was unknown to the Board or the advising attorneys that the contract was approved at the July 10th meeting. Subsequent to this meeting, Town Clerk Paoloni recommended approving an amended resolution 2017-113 at the December 13th meeting in accordance with the following document. Town of Wappinger Page 3 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 53 We,st Cedar Street- poughkeepsie- NY 12601 )6M Y('�"S"' vffffe"•'E LI -9 �Is l�'2 New YorK CommuniGabons Gornpany, lnc, as Lessorhereby agrees to lease to the un dersignO as Lessee subject to, the terf conditions of the face and, on: the reverse side hereof, t1w folie viinq eqvipnent: . OF XPtd-55510E BA$E MWOROLA UHF BASE STATION vwrHANTENNA, I �CONNECT PI AA TRUISIKING AND NYG�OMCD LEASI 42 PR -6550E MOBILE MOTOR OLA UH F MOS I L E RAIDIO ,TI -1 EXT S PEAK PLUS TRUNKING AND NYMCO LEASE. GOVERAr XPFS'-755GE PORTABLE MOTO ROLA UHF PORTABLE RADIO WITHANTENN i,GONNECT PLUS"TRUNKING AND WC01000 LEAS 24-67REPAOTEDEP "TONE REMOTE CONTROLLER WITH NY � SKTOLEASE COVERAGE Lacalian ofEluOnlenLl TOWN OF WAPRNIGERS HM DEPT, The lease ratejj��M per ll form for a period ofsi years (caKed herein the lease leirm) commencing on th, month following the date of installationof the equipment. Lessee agrees to pay an annual payment g si tem ill act. The first monthly goil lUr , and ag cents JjZa —3WO_Q) for a period of, ALxye arf s) from the off date of the contract ort the first day of the neWlease term and the succeeding imonth un'61 all said number of monthly paymieds shall have been payment rernainla unpaid for a period of sixty (60) days or more ,after becoming due, Lessor, niaydedare Lessee to be ins del wdfimg, and Lessor may retake possession of any or all of the leased equipment with or vrjtho,ljt process of law, and without notice, The Lessor WH ingtal I the equi pmen t after Lessor, recolves notice of FCC app rova I whan apiphea ble.Shipment shall to plant, and Lessor shall !not be liable for delays in delivery or fa ill ure to man Ufa Oure or deliver (1 ) due to GEEILMS beyond its r( to acts of God, acts of the Lessee, sots of civilor military authoirity, prioritles, fires, strikes, floods, ePidernics, Wat, riot, de'lB car shortages, or (3), inability doe, to causes beyond its reasonable control to Wain necessary lawr, materials. 4�;omp�onent� facl In the event of any such, delay, the date ofinstallation shall be extended for a; period equal to the, time lost by rea-5 Town of Wappinger Page 4 Printed 121712017 Regular Meeting Minutes November 27, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Resolutions RESOLUTION: 2017-175 Resolution Authorizing Re -Levy Of Unpaid 2017 Water & Sewer Charges WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 14, 2017. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Deborah Brown, Water/Sewer Billing Clerk of the Town of Wappinger is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on or before November 22, 2017, to be re -levied upon the 2018 County Land Tax bills. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2017-175 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended on A. Drava Voter........... D .............. ..................❑.................❑...... ❑ ......,...... ❑ ......,..... ❑ ... ❑ Defeated William H. Beale Voter... ......0 ......❑...... ❑ Tabled William Ciccarelli ........................ Voter ... .......... 0 ..... ❑ ..... ...... ❑ ... ❑ ...❑....... ❑ Withdrawn John J. Fenton .....................Mover...,........ Seconder 0..... ...... ❑ ....... ,........ ❑ ..... ..... Michael Kuzmicz D ❑ ❑ ❑ Dated: Wappingers Falls, New York November 27, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-177 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding 93 Nyrpt, Llc F/K/A The Randall Benderson 1993-1 By Huff Wilkes, L.L.P. Agent WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013, 2014, 2015, 2016 and 2017 by 93 NYRPT, LLC F/K/A THE RANDALL BENDERSON 1993-1 TRUST regarding real property located at 1701 Route 9, Wappinger, New York, Grid 4 6158-10-497508, seeking a reduction in the 2013, 2014, 2015, 2016 and 2017 tax assessments for their respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it Town of Wappinger Page 5 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2013, 2014, 2015, 2016 and 2017 as it pertains to: Grid 4 6158-10-497508 Year Original Total Assessment Revised Total Assessment Reduction 2013 $5,000,000 $4,000,000 $1,000,000 2014 $5,000,000 $4,000,000 $1,000,000 2015 $5,000,000 $4,000,000 $1,000,000 2016 $5,000,000 $4,000,000 $1,000,000 2017 $5,000,000 $4,000,000 $1,000,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution including the trailing year of 2017. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2017-177 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Lori A. nava Voter ....... ....... D ....... .._.. ❑ ❑ ................... ❑ ........ .. eon- ................... ....... ....... ....... ................ ❑. ❑ Tabled William Ciccarelli ........................ Voter ............... D ................. ❑ ................. ❑ ................. ❑ ....... ❑ Withdrawn john 7. Fenton lCz ote Voter .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ Michaels a Mover Dated: Wappingers Falls, New York November 27, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-178 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Iglesia Cristiana El Sembrador, Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2014 and 2015 by Iglesia Cristiana EI Sembrador, Inc. regarding parcels of real property located at Middlebush Road, Wappinger, Grid No. 6157-01- 396837, and 33 Middlebush Road, Wappingers Fall, Grid No. 6157-01-414840 seeking to reclassify the property for the 2014 and 2015 tax roll; and WHEREAS, the petitioner has agreed to withdraw the petitions requesting a for exemption for said tax rolls; and WHEREAS, the Assessor and Special Counsel have recommended a discontinuance of this tax review proceeding; now, therefore be it Town of Wappinger Page 6 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 RESOLVED, that the Town Board of the Town of Wappinger hereby approves a discontinuance of the proceeding on behalf of the Town of Wappinger of the tax review proceedings for the years 2014 and 2015 as it pertains to: Grid No.: 6157-01-396837 Year Original Total Reduction in Final Assessment Assessment Assessment 2014/2015 $92,450 -0- $92,450 2015/2016 $92,450 -0- $92,450 Grid No.: 6157-01-414840 Year Original Total Reduction in Final Assessment Assessment Assessment 2014/2015 $150,000 -0- $150,000 2015/2016 $150,000 -0- $150,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2017-178 ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended on A. Drava Voter........... D .............. ..................❑.................❑...... ❑ ......,...... ❑ ......,..... ❑ ... ❑ Defeated William H. Beale Voter... ......0 ......❑...... ❑ Tabled William Ciccarelli ........................ Voter ... .......... 0 ..... ❑ ..... ...... ❑ ... ❑ ...❑....... ❑ Withdrawn John J. Fenton .....................Mover...,........ Seconder 0..... ...... ❑ ....... ,........ ❑ ..... ..... Michael KUZm1CZ D ❑ ❑ ❑ Dated: Wappingers Falls, New York November 27, 2017 The Resolution is hereby duly declared Adopted. VIII. Items For Special Consideration 1. Motion To: Authorize Town Clerk Correspondence to be Copied to the Newly Elected Officials RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 7 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 2. Motion To: Have the 2nd Regular Town Meeting on December 27th, 2017 at 7:30 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IX. Executive Session Regarding Amendment Of Zoning Provisions For Solar Farms 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Resolutions After Executive Session RESOLUTION: 2017-174 Resolution Adopting Local Law No. 6 Of The Year 2017, "Amendment Of Zoning Provisions For Solar Farms." WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. 6 of the Year 2017, AMENDMENT OF ZONING PROVISIONS FOR SOLAR FARMS"; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on October 23, 2017 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 hereby adopts a Negative Declaration of Significance in connection with the amendments to the Town Code adopted herein; 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 Town of Wappinger Page 8 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 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 the Local Law entitled, Local Law No. 6 of the Year 2017, "AMENDMENT OF ZONING PROVISIONS FOR SOLAR FARMS," a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2017-174 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended on A. nava...................... Voter. .......... D .......,...... ❑ ......,...... ................. ❑ ......,..... ❑ ... ...... ❑ Defeated William H. Beale ................ .. ...Seconder ...._.. ...... D.................. ....... ❑ ❑...... ..... ......❑ ❑ Tabled William Ciccarelli Mover...,....... D ❑ ❑.. ❑ ❑ Withdrawn John J. Fenton ..................... Voter ....,........ 0 ...... ❑ ,........ ❑ ..... ❑ ..... Michael Kuzmicz Voter D El....... ❑ ❑ Dated: Wappingers Falls, New York November 27, 2017 The Resolution is hereby duly declared Adopted. 2. Motion To: Authorize Both the Changes Within the Town Engineer's Memo Dated November 17th to be Implemented; and, the Town Attorney to workout specifics w.r.t. Bonding for EMS Building -------- Original message -------- From: Thomas Harvey <THarve y c ,MorrisEngineers.com <mailto:THarveL MorrisEngineers.com>> Date: 11/17/17 12:47 PM (GMT -05:00) To: "Lori A. Jiava" <liiayaLtownofwUpinger.us <mailto:l'iava ,townofwUpin eg r.us>>, Inez Maldonado <Imaldonadoaa townofwaDDinuer.us <mailto:hnaldonadoaa townofwaDDinuer.us>> Cc: Bob Gray <BGrayLtownofwUpinger.us <mailto:BGrayLtownofwUpin eg r.us>>, SRDD Municipal <municipalLsrddlaw.com <mailto:municipalLsrddlaw.com>>, "Ian Lindars (ilindars(acr�srddlaw.com <mailto:ilindarsLsrddlaw.com>)" <ilindarsLsrddlaw.com <mailto:ilindarsLsrddlaw.com>>, arobertsLsrddlaw.com <mailto:arobertsLsrddlaw.com>, Steve Frazier <SFrazierLtownofwUpinger.us <mailto:SFrazierLtownofwul2in eg r.us>> Subject: Re: State Police Changes Following our preconstruction meeting this past Wednesday, with the 4 -contractors on the ESB renovation, we reviewed several changes requested by Sargent Weatherwax. These changes involve reconfiguration some of the rooms within Suite 1 and will delay the project completion. We will do our best to limit the delays, but quick responses and approval coordination will be key to this. Town of Wappinger Page 9 Printed 12/7/2017 Regular Meeting Minutes November 27, 2017 Our office has reviewed the requested changes to confirm the architectural and design impacts and are in the process of drawing up the reconfigurations. In general the changes being requested involve... 1. Removing & reconstructing the end wall in the patrol room #116. This requires relocating the women's shower and shrinking the women's locker room. It also involves adjusting the firearms storage room configuration and possibly the lavatory vestibule to accommodate space for a new prisoner holding area and new fire arms storage room. 2. It was also requested to reconfigure the entryway into the patrol room # 116 to square off the walls and adjust the prisoner bathroom to have the entrance to the prisoner bathroom from the patrol room. This will also require a new prisoner type toilet/sink fixture. 3. It was also requested to reconfigure the men's shower room to be able to make more space for lockers in the locker room. This requires the relocation of the shower and a smaller shower. 4. Please note that the shower reconfigurations/sizes being requested by NYSP are not ADA compliant, but based on the discussion with Mark Liebermann, as long as we note that "if the NYSP leave the building, it would be converted back to ADA compliance", this was acceptable to him. 5. It was requested to reconfigure the wall between rooms 105 & 106 and expand office # 104 into the communication room and relocate the existing window and create a small closet in room #103. 6. It was also requested to have some walls removed in the hallway to make space for equipment charging area. Also upon the removal of the wall paper and other demo work, some significant amounts of mold & mildew is present on some of the sheet rock in the locker rooms and bathrooms. We will be assessing the extent to which further sheet rock removal/replacement will be necessary to address this. At this point we have pricing from the contractor for the required sheetrock removals for both Suite 1 & 2 for $3,680, which we plan to authorize ASAP. Since my discussion with Srgt. Weatherwax on this, he added to following per another email: 1. We would like to change the patrol bag/turn out room into an interview room which would require that we soundproof both adjacent interview rooms. This is going to have to be done to the current one anyway since you can hear an interview through the ceilings in the BCI room and patrol bag room. 2. We would like to get rid of the closets in the lunch room and hallway so that we can square off the one room to make it bigger. 3. In the locker room we were wondering if the ceiling in the locker room can be brought up higher to the drop ceiling line. That way the Troopers can use the tops of their lockers. Also in the locker room we were also wondering if we can square off the on side also not sure what is behind the wall. I wrote my questions on some of the walls. 4. Also the metal wall trim in the interview room needs to be saved that is part of the recording system. These should be the last modifications that are thought of, not sure why no one thought of the sound proofing before since that has been a huge issue over the years. We wanted to confirm that the Town is agreeable to our office progressing these changes, with the first step being producing revised floor plans (ideally prior to Thanksgiving) for Town and NYSP approval before the end of November. Town of Wappinger Page 10 Printed 121712017 Regular Meeting Minutes November 27, 2017 Once we have Town and NYSP approval of the revised floor plans, we will need to make the required adjustments to Electrical, plumbing & HVAC designs to correspond with the revised plan, in order to get updated costs and schedule impacts from the contractors. Once we have the contractor's costs and schedule impacts, we will revisit the Town's approval for construction. if there are questions on this matter, feel free to contact me. Best Regards, Thomas Harvey, I.E. Senior Engineer Morris Associates Engineering & Surveying Consultants, PLLC 9 Elks Lane Poughkeepsie, NY 12601 Ph:845-454-3411 Ext. 18 Fax: 845-473-1962 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XI. Adjournment 1. Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:05 PM. Joseph Patrick Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 11 Printed 121712017 Kenneth M. Stenger Re: 93 NYRPT, LLC f/k/a THE RANDALL BENDERSON 1993-1 TRUST v. Town of Wappinger Albert P. Roberts Thomas R. Davis Dear Supervisor Jiava & 'I"own Board Members: Stephen E. Diamond* Please be advised that the above referenced proceeding is a tax certiorari matter for the assessment years 2013, 2014, 2015, 2016 and 2017. This proceeding involves a parcel located at 1701 Route 9 in the Village of Wappingers Falls, which consists of Joan F Garrett— commercial retail space. The property is owned by 93 NYRPT, LLC fWa THE RANDAL BENDERSON 1993-1 TRUST. The property, was and is currently James P. Horan— occupied by NAMCO Pools and Party City and now Skeechers and one unit is Ian C. Lindars vacant, The original assessment for the pat -eel was $5,000,000 and we have agreed to reduce the total assessment to $4,000,0010 for each year. With the current Darren H. Fawlie equalization rate at 100% this settlement reflects fair market value. Fred Ciarke Enclosed is a resolution for Your consideration. The Assessor will provide you with Jessica Z Segal his recommendation and refund analysis for YOUr review and consideration. In addition, the refund will be payable without interest if paid within 60 days, after OF VSEL service of the COPY Of the executed order and demand for refund, The Towns Scott , oi[kman refunds are processed by the Dutchess County Commissioner of Finance. I Would Karen MacNish appreciate your concurrence on this matter at the next available Town Board meeting. If you have any questions, in the meantime, please, do not hesitate to Jessica J Glass contact me, Yours very truly, PARALEGALS STENGER ROBERTS DAVIS & D'AMONDILLP 1136 Route 9 Wappingers Falls, New York 12590 Dawn M Paino (845) 298-2000 November 14, 2017 FAX (845) 298-2842 Town Board www.srddlaw.coni Town of Wappinger e-mail; info@srddJaw.corn 20 Middlebush Road Joseph P. Paoloni, Town Clerk Wappingers Falls, NY 12590 Daniel Petigrow, Esq. Attn: Hon, Lori A, Jjava, Supervisor Kenneth M. Stenger Re: 93 NYRPT, LLC f/k/a THE RANDALL BENDERSON 1993-1 TRUST v. Town of Wappinger Albert P. Roberts Thomas R. Davis Dear Supervisor Jiava & 'I"own Board Members: Stephen E. Diamond* Please be advised that the above referenced proceeding is a tax certiorari matter for the assessment years 2013, 2014, 2015, 2016 and 2017. This proceeding involves a parcel located at 1701 Route 9 in the Village of Wappingers Falls, which consists of Joan F Garrett— commercial retail space. The property is owned by 93 NYRPT, LLC fWa THE RANDAL BENDERSON 1993-1 TRUST. The property, was and is currently James P. Horan— occupied by NAMCO Pools and Party City and now Skeechers and one unit is Ian C. Lindars vacant, The original assessment for the pat -eel was $5,000,000 and we have agreed to reduce the total assessment to $4,000,0010 for each year. With the current Darren H. Fawlie equalization rate at 100% this settlement reflects fair market value. Fred Ciarke Enclosed is a resolution for Your consideration. The Assessor will provide you with Jessica Z Segal his recommendation and refund analysis for YOUr review and consideration. In addition, the refund will be payable without interest if paid within 60 days, after OF VSEL service of the COPY Of the executed order and demand for refund, The Towns Scott , oi[kman refunds are processed by the Dutchess County Commissioner of Finance. I Would Karen MacNish appreciate your concurrence on this matter at the next available Town Board meeting. If you have any questions, in the meantime, please, do not hesitate to Jessica J Glass contact me, Yours very truly, PARALEGALS Jennifer Arno STZ -R, R01 RT -,)Ay ] & DIAMOND., LP - L Julie A Durkin Oakley Sandra AEN ,21S Z nL_ /7- Dawn M Paino SCOTTL, VOLKNIAN Christine M. Schnittert SLV/jad Rita M, Worthington Enclosure cc: Christian Harkins, Assessor CLOSIING COORDINATOR Joseph P. Paoloni, Town Clerk Maria L. Jones Daniel Petigrow, Esq. Joseph McGowan, Esq, ' ALSO ADMI rT>. U IN FL & MA "ALSO AUMIT TED fl CT "" ALSO AQMR7FD IN NJ M STENGER ROBERT'S SM DAVIS & DIAMONDLLP 1136 Ro Lite 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 Novernber 14, 2017 www,srddlaw.com 'Fown ofWappinger e-mail: info@srddlaw.com Lori A. Jiava, Town Supervisor 20 MiddlebLish road Wappingers Falls, New York 12590 Kenneth M. Stenger P'ici E-in(iil Albert P Roberts Thomas R. Davis Re: 1glesia Cristiaiia El Sembrador, Ine., ty. Tolvii qfWaly7inger Stephen E. Diamond* SRDD File No.: 30374.0128 & 30374.0129 Deal- Supervisor Jiava and Town Board Members: Joan F Garrett— Please be advised, the above referenced proceeding is a Tax Certiorari matter for the 2014 James P. Horan*** and 2015 Assessment Rolls. The petitioner did not file for 2016 or 2017 as the property had Ian C, Lindars been the sub fconsummated.' subject of potential sale which has finally been consummated. The proceeding involves two properties one being a vacant parcel located at Middlebush Road as well as a Darren H:. Fairlie second abutLing7 parcel located at 33 Middlebush Road which purports to have a warehouse Fred Clarke on the property. The property was most recently owned by, a Not -For -Profit Corporation which was challenging the denial of a tax exemption. Jessica Z. Segal There has been a pending dispute with respect to the use and Occupancy of the property and OF COUNSEL whether it qUalified for tax exempt status which resulted in both an Article 7 proceeding Scott L. Volkman and an Article 78 proceeding associated with both parcels. Ultimately the property owner decided to sQH the property and after several deals which were not successful, one finally Karen MacNish was, approved, They have now closed on the property. As a result, the Petitioner has agreed Jessica J. Glass to diSC011til7LIC all proceedings with no reduction in assessed value and no change of Z!, classification 1rorn taxable to tax exempt. As a result, there will be no refund liability with PARALEGALS respect to these parcels. Jennifer Arno Julie A. Durkin Enclosed is a resolution t1or your consideration at the next available Town Board Meeting. Sandra A. Oakley Dawn M. Paino Christine M. Schnittert Very truly )ULII`S, Rita M. Worthington 17W)ND, LLP STE N ROB CLOSING COORDINATOR SCOTT 111. Maria L. Jones SLVIjad Enclosure: 'ALSO ADMITTED IN FL & MA cc. Christi in I larkins, Assessor. AL.SO ADMIT7ED IN OT ALSO AowrrLi) IN NJ cc.- Joseph ll. Ilaoloni, Town Clerk cc. Daniel Pe6,)row, F'sq. Z LOCAL LAW NO. 6 OF THE YEAR 2017 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -L• Title: This Local Law shall be known and cited as "Amendment of Zoning Provisions for Solar Farms." Section -IL• Amendment of Article VIII of Chapter 240 "Supplementary Special Permit Uses Regulations" to Regulate Solar Energy Systems § 240-57(B)(1) of the Code of the Town of Wappinger shall be amended to read: (1) A Solar Farm is a principal use allowed in the R-40/80, R-80, RA -3, Q RA -5, Al, CC and COP Districts subject to special use permit and site plan approval. o § 240-57(C)(4) of the Code of the Town of Wappinger shall be amended to read: (4)(a) Where a Ground Mounted Solar Energy Systems is located within 100 feet of an adjacent property in a residential district or a street, it shall be screened by existing vegetation or topography or through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area. The buffer shall comply with the requirements of §240-25(B). (b) Notwithstanding the requirements of §240-25(B), where a Ground Mounted Solar Energy Systems is located within the viewshed of the Hudson River, in any yard that faces the Hudson, the equipment shall be setback a minimum of 300 feet from the property line. Existing trees within the setback should not be removed, except for access roads and utility crossings. In the discretion of the Planning Board, existing trees in the area of the solar collectors may be reduced in height or replaced with shorter trees to prevent shading. (i) The Planning Board shall have the discretion to reduce the setback required above to 150 feet provided that the applicant demonstrates that the screening is opaque and the Solar Energy System will not be visible from the Hudson River when leaves are off the trees. The Planning Board may impose any reasonable conditions to protect adjacent properties and the public in general should it choose to reduce the setback. (c) The Planning Board shall have the discretion to modify the height of the screening required by this section near, or adjacent to, the solar collectors reduced to prevent shading. § 240-57(E)(1) of the Code of the Town of Wappinger shall be amended to read: (1) Solar Farms are only permitted on lots that conform to the minimum lot size in the district in which they are located, except that Solar Farms having a rated capacity of 200 kW or greater, are only permitted on lots containing twenty (20) acres or more. § 240-57(E)(4) of the Code of the Town of Wappinger shall be deleted. Section -III: Amendment to Chapter 240 Schedule of Uses The Code of the Town of Wappinger shall be amended by revising the Schedule of Use Regulations, Residential Districts located at 240 Attachment 1 to Chapter 240 (Zoning) by revising the Schedule of Uses for "Utilities" as follows: Use Districts R -5A RMF -3 Districts R -3A RMF -5 R-80 HB HM R-40/80 GB CC R-40 HD COP R-20/40 Building -Integrated Photovoltaic (BIPV) System PA R-20 PA PA R-15 PA Utilities R-10 PA Solar Farm (permitted in R-40/80, R-80 R -5A & R -3A see § 240-57) PA PA The Code of the Town of Wappinger shall be amended by revising the Schedule of Use Regulations, Non-residential Districts located at 240 Attachment 2 to Chapter 240 (Zoning) by revising the Schedule of Uses as follows: Use Districts Accessory Structures HB HM NB GB CC SC HD COP Al PUD Building -Integrated Photovoltaic (BIPV) System PA PA PA PA PA PA PA PA PA Roof Mounted Solar Energy System PA PA PA PA PA PA PA PA PA Ground Mounted Solar Energy System PA PA PA PA PA PA PA PA PA Utilities Solar Farm (§ 240-57) SPU SPU SPU 2 Section -IV: 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 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 -V: 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 application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger 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 -VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. 3 Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Agency Use Only Project : 2017 Solar Farm Amen mer7ts Date : I November 13, 2017 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer "Yes" to a numbered question, please complete all the questions that follow in that section. • If you answer "No" to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box "Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ®NO ❑ YES the land surface of the proposed site. (See Part 1. D.1) I "Yes'; answer questions a -. I "No", move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. E2f ❑ F -1- c. c. The proposed action may involve construction on land where bedrock is exposed, or E2a ❑ ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q ❑ ❑ disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. Bli ❑ ❑ h. Other impacts: ❑ ❑ Page 1 of 10 0 N O 0 E 0 E Q cs; 0 Z 3 M J �a 0 J CL 0 Q ti ti 0 N 0) LU M r ti 0 N N M a LL Q LU LL U) d E 0 E Q E L M LL L is 0 U) ti 0 N 0 E t 0 f� Q 3. Impacts on Surface Water 10.1.b 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO ❑ YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes'; answer questions a - c. ff "No ", move on to Section 3. S Moderate Relevant No, or Moderate to large Part I small �o to large ,- impact may Question(s) impact impact may 0 occur a. The proposed action may create a new water body. may occur occur C d a. Identify the specific land form(s) attached: E2g ❑ ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. d E c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ Q b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. E2h ❑ c� Specific feature: c z e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h ❑ ❑ runoff or by disturbing bottom sediments. c. Other impacts: D2c ❑ Ca3 ❑ of water from surface water. �a 0 g. The proposed action may include construction of one or more outfall(s) for discharge 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑ YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.21) I "Yes'; answer questions a - 1. I "No", move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b, Dlh ❑ ❑ b. The proposed action may result in an increase or decrease of over 10% or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h ❑ ❑ runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c ❑ ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d ❑ ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ❑ ❑ around any water body. k. The proposed action may require the construction of new, or expansion of existing, Dla, D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 J Q! CL 0 El ti ti 0 N Co LU M ti 0 N N is a LL Q LU LL U) d E d E Q E L is LL 0 Co ti 0 N d E is Q 1. Other impacts: The proposed action may result in new or additional use of ground water, or ©NO ❑ YES ❑ 10.1.b If "Yes'; answer questions a - h. If `No'; move on to Section S. 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ©NO ❑ YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes'; answer questions a - h. If `No'; move on to Section S. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. ❑ ❑ patterns. Cite Source: e. The proposed action may change flood water flows that contribute to flooding. c. The proposed action may allow or result in residential uses in areas without water and D1 a, D2c ❑ ❑ sewer services. f. If there is a dam located on the site of the proposed action, is the dam in need of repair, d. The proposed action may include or require wastewater discharged to groundwater. D2d, E21 ❑ ❑ e. The proposed action may result in the construction of water supply wells in locations D2c, Elf, ❑ ❑ where groundwater is, or is suspected to be, contaminated. Elg, Elh f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21, D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. NO ❑ YES (See Part 1. E.2) I "Yes'; answer questions a - g. I `No'; move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i ❑ ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d. The proposed action may result in, or require, modification of existing drainage D2b, D2e ❑ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, ❑ ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, El e ❑ ❑ or upgrade? Page 3 of 10 0 N 0 d E d E Q c� 0 z 3 J �a 0 J Q! CL 0 Q ti ti 0 N N W M r r r ti 0 N N ca a u_ Q w U- E d E Q E L M LL L 0 U) ti 0 N d E 0 is Q g. Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. ©NO []YES (See Part 1. D.2.£, D,2,h, D.2.g) If "Yes' , answer questions a - f. If "No ", move on to Section 7. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. If the proposed action requires federal or state air emission permits, the action may ❑ ❑ threatened or endangered species, as listed by New York State or the Federal also emit one or more greenhouse gases at or above the following levels: government, that use the site, or are found on, over, or near the site. i. More than 1000 tons/year of carbon dioxide (CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (N20) D2g ❑ ❑ iii. More than 1000 tons/year of carbon equivalent of perfluorocarbon (PFCs) D2g ❑ ❑ iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g ❑ ❑ V. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons (HFCs) emissions Federal government, that use the site, or are found on, over, or near the site. vi. 43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous the Federal government. air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50% of any of the thresholds in "a" through "c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m. -q.) W]NO ❑YES I "Yes'; answer questions a -. I "No", move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p ❑ ❑ species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 0 N O d E d E Q cs; 0 Z 3 J 7a 0 J Q! CL 0 Q ti ti 0 N CO LU M ti 0 N N f� a U- Q w U - d E d E Q E M U- 0 CO ti 0 N d E is Q 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) [:]NO ❑ YES I "Yes'; answer questions a - h. ff "No'; move on to Section 9. e. The proposed action may diminish the capacity of a registered National Natural E3c El10.1.b Landmark to support the biological community it was established to protect. small to large f. The proposed action may result in the removal of, or ground disturbance in, any E2n ❑ ❑ portion of a designated significant natural community. may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the Source: ❑ ❑ a' g. The proposed action may substantially interfere with nesting/breeding, foraging, or Elm ❑ ❑ N over -wintering habitat for the predominant species that occupy or use the project site. ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). 0 c. The proposed action may result in the excavation or compaction of the soil profile of E3b h. The proposed action requires the conversion of more than 10 acres of forest, E El El 0 grassland or any other regionally or locally important habitat. d. The proposed action may irreversibly convert agricultural land to non-agricultural E Habitat type & information source: ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. E e. The proposed action may disrupt or prevent installation of an agricultural land Q i. Proposed action (commercial, industrial or recreational projects, only) involves use of D2q ❑ ❑ herbicides or pesticides. f. The proposed action may result, directly or indirectly, in increased development c ❑ ❑ potential or pressure on farmland. z j. Other impacts: ❑ ❑ ❑ ❑ Protection Plan. J 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) [:]NO ❑ YES I "Yes'; answer questions a - h. ff "No'; move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b ❑ ❑ NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land El a, Elb ® ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3a ❑ ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ❑ ❑ management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, ❑ ❑ potential or pressure on farmland. 132c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h. Other impacts: ❑ ❑ Page 5 of 10 U O J CL O El ti 0 N Co UJ M r r ti 0 N N is a U_ Q UJ U_ d d E Q E M U_ L O CO ti r 0 N d E t V f� Q 10. Impact on Historic and Archeological Resources 10.1.b 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in ❑NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E. La, E. Lb, E.31.) I "Yes'; answer questions a - . I `No'; o to Section 10. S Moderate Relevant No, or Moderate 0 to large Part I small to large N 45 impact may Question(s) impact impact may 0 occur a. The proposed action may occur wholly or partially within, or substantially contiguous may occur occur C a. Proposed action may be visible from any officially designated federal, state, or local E3h ® ❑ scenic or aesthetic resource. nominated by the NYS Board of Historic Preservation for inclusion on the State or d National Register of Historic Places. E b. The proposed action may result in the obstruction, elimination or significant E3h, C2b ❑ ❑ Q screening of one or more officially designated scenic views. to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. c. The proposed action may be visible from publicly accessible vantage points: E3h E39 z i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) to, an archaeological site not included on the NY SHPO inventory. ® ❑ 3 ii. Year round Source: ® ❑ J d. The situation or activity in which viewers are engaged while viewing the proposed E3h 0 action is: E2q,0 —J i. Routine travel by residents, including travel to and from work ❑ 0 ii. Recreational or tourism based activities Elc ❑ ❑CL 0 e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ Q appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla, Ela, ❑ ❑ project: Dlf, Dlg N 0-1/2 mile Co LU '/z -3 mile 3-5 mile M 5+ mile g. Other impacts: ❑ ❑ r� 0 N 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO ❑ YES resource. (Part 1. E.3.e, f. and g.) If "Yes'; answer questions a - e. If "No'; go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may occur wholly or partially within, or substantially contiguous E3e ❑ ❑ to, any buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b. The proposed action may occur wholly or partially within, or substantially contiguous E3f ❑ ❑ to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. c. The proposed action may occur wholly or partially within, or substantially contiguous E39 ❑ ❑ to, an archaeological site not included on the NY SHPO inventory. Source: Page 6of10 .- fU 0 - LL u_ Q LU LL d E d E Q E CU LL I- CU is 0 Co ti 0 N d E is Q d. Other impacts: The proposed action may result in a loss of recreational opportunities or a F,/]NO ❑ YES ❑ L 10.1.b (See Part 1. C.2.c, E.l.c., E.2.q.) If any of the above (a -d) are answered "Moderate to large impact may Moderate Relevant No, or e. occur", continue with the following questions to help support conclusions in Part 3: to large Part I small to large impact may Question(s) E i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, ❑ ❑ c of the site or property. E3f D2e, Elb N ii. The proposed action may result in the alteration of the property's setting or E3e, E3f, F-1 F-1 O integrity. E3g, Ela, E2m, E2o, Elb E2n, E2 E iii. The proposed action may result in the introduction of visual elements which E3e, E3f, ❑ ❑ are out of character with the site or property, or may alter its setting. E3g, E3h, C2c, E2 E Q C2, C3 C2a, C2c ❑ 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a F,/]NO ❑ YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes"; answer questions a - e. ff "No", go to Section 12. Moderate Relevant No, or Moderate to large Part I small to large impact may Question(s) impact impact may occur a. The proposed action may result in a reduction in the quantity of the resource or may occur occur a. The proposed action may result in an impairment of natural functions, or "ecosystem D2e, Elb ❑ ❑ services", provided by an undeveloped area, including but not limited to stormwater E2h, EM ❑ storage, nutrient cycling, wildlife habitat. E2m, E2o, E2n, E2 ❑ b. The proposed action may result in the loss of a current or future recreational resource. C2a, Elc, ❑ ❑ C2c, E2 c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c ❑ ❑ with few such resources. Elc, E2q d. The proposed action may result in loss of an area now used informally by the C2c, Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑✓ NO —]YES environmental area (CEA). (See Part 1. E.3.d) I "Yes"; answer questions a - c. ff "No", go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or EM ❑ ❑ characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or EM ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7of10 W 0 z ca J 0 J 0 E CL 0 El ti ti 0 N co LU M r r ti 0 N N r - is 0 - LL u_ Q LU LL d E d E Q E L CU LL L is 0 co ti 0 N d E 0 CU Q 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO YES 10.1.b 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ❑] NO F -]YES (See Part 1. D.2.j) I "Yes'; answer questions a -,f I "No'; go to Section 14. Moderate Relevant No, or Moderate E to large Part I small to large c impact may Question(s) impact impact may N occur a. The proposed action will require a new, or an upgrade to an existing, substation. may occur 4 - occur O a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ d ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k D2m, Eld b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k d ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg E c. The proposed action will degrade existing transit access. D2j ❑ ❑ Q d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ c� ❑ c Z e. The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ 3 M f. Other impacts:CU ❑ J ❑ 0 0 J 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO YES (See Part 1. D.21) I "Yes'; answer questions a - e. I "No", go to Section 15. I "Yes' , answer questions a -.f I "No ", go to Section 16. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k D2m, Eld ❑ commercial or industrial use. hospital, school, licensed day care center, or nursing home. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e. Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. ©NO ❑YES (See Part 1. D.2.m., n., and o.) I "Yes' , answer questions a -.f I "No ", go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, Eld ❑ ❑ hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 0 E CL 0 El ti 0 N Co w M ti 0 N N is a U_ Q w U_ d d E Q E LL L is 0 CO ti 0 N d E is Q 16. Impact on Human Health The proposed action may have an impact on human health from exposure © NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes'; answer questions a - m. I "No'; go to Section 17. 10.1.b d. The proposed action may result in light shining onto adjoining properties. D2n ❑ e. The proposed action may result in lighting creating sky -glow brighter than existing 132n, Ela ❑ ❑ area conditions. impact impact may f. Other impacts: may cccur ❑ ❑ C Eld ❑ ❑ 0 AI 16. Impact on Human Health The proposed action may have an impact on human health from exposure © NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes'; answer questions a - m. I "No'; go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day Eld ❑ ❑ care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg, Elh ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site Elg, Elh ❑ ❑ remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg, Elh ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg, Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future 132t ❑ ❑ generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal, or processing, of 132r, D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf, Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill Elf, Elg ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the 132s, Elf, ❑ ❑ project site. D2r in. Other impacts: Page 9 of 10 4- 0 0 d E d E Q cs; 0 Z 3 J M 0 J Q! CL 0 Q r` r; 0 N N LU M r r` 0 N N is CL LL Q LU LL In s= d E s= d E Q E L U_ L 0 CO ti r 0 N S= d E t V f� Q 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. F_]NO YES (See Part 1. C.1, C.2. and C.3.) If "Yes'; answer questions a - h. If `No'; go to Section 18. I "Yes'; answer questions a - g. ff "No ", proceed to Part 3. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, Dla ❑ ❑ contrast to, current surrounding land use pattern(s). Ela, Elb b. The proposed action will cause the permanent population of the city, town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. schools, police and fire) c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 ® ❑ d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ❑ ❑ plans. d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ e. The proposed action may cause a change in the density of development that is not C3, Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld, Dlf, C2, C3 ❑ ❑ Dld, Elb f. The proposed action is located in an area characterized by low density development C4, D2c, D2d ❑ ❑ that will require new or expanded public infrastructure. D2j Ela, Elb g. The proposed action may induce secondary development impacts (e.g., residential or C2a ❑ ❑ commercial development not included in the proposed action) g. Other impacts: ❑ h. Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ©NO ❑YES (See Part 1. C.2, C.3, D.2, E.3) I "Yes'; answer questions a - g. ff "No ", proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 ❑ ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, Dlf ❑ ❑ there is a shortage of such housing. Dlg, Ela d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 ❑ ❑ Ela, Elb E2g, E2h g. Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 0 N w O d E d E Q c� 0 Z 3 M J 0 J CL 0 Q ti ti 0 N N W M ti 0 N N is a LL Q LU LL U) d d E Q E L is U_ 0 N ti 0 N d E 0 is Q Agency Use Only [IfA Project : 2017 Solar Farm Amendments Date I November 13. 2017 Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. This proposed amendment revises the lot size requirements for solar farms greater than MOM The Local Law also permits Solar Farms as principal uses in the CC and R-80 Zoning Districts. It also provides some flexibility to the screening requirements to eliminate shading. All Solar Farms must be screened which mitigates any negative visual impact that may occur. Solar farms are more begin uses of the land than other uses currently permitted in the Zoning Districts. As such the amendments to the Zoning Law will have no adverse environmental impacts and a Negative Declaration will be issued. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑ Unlisted Identify portions of EAF completed for this Project: ❑✓ Part 1 ❑✓ Part 2 ❑✓ Part 3 (6 0 Z 3 <a J (5 0 0 J CL 0 Q ti ti 0 N CO W W 10.1.c Upon review of the information recorded on this EAF, as noted, plus this additional support information the Local Law entitled "Amendment of Zoning Provisions for Solar Farms" O and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the Town of Wappinger Town Board as lead agency that: 0 O_ ❑✓ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact 0 statement need not be prepared. Accordingly, this negative declaration is issued. c N ❑ B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or O substantially mitigated because of the following conditions which will be required by the lead agency: r_ d E d E Q There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617A). Z ❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact 3 Ca statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. c J Name of Action: 2017 Solar Farm Amendments cm Name of Lead Agency: Town of Wappinger Town Board CL Q Name of Responsible Officer in Lead Agency: Lori .kava ti Title of Responsible Officer: Supervisor c N Signature of Responsible Officer in Lead Agency: Date: November 13, 2017 CO W Signature of Preparer (if different from Responsible Officer) James P. Horan Date: November 13, 2017 For Further Information: Contact Person: Barbara Roberti, Zoning Administrator 0 N Address: 20 Middlebush Road, Wappingers Falls, New York 12590 CU a Telephone Number: (845) 297-1373 Q E-mail: broberti@townofwappinger.us W Il For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: E Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) d Other involved agencies (if any) E Applicant (if any) Q Environmental Notice Bulletin: http://www.dec.M.gov/enb/enb.htlnl E M LL L O C0 ti r 0 N d E t V PRINT FULL FORM Page 2 of 2 Q