Loading...
2019-06-24 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us — Minutes — Joseph Paoloni (845)297-5771 Monday, June 24, 2019 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Christopher Phillips Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM David Stolman Consultant Planner Present 7:30 PM Tim Moody Consultant Engineer Present 7:30 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda ........ ......... ........ ........ ........ ........ ......... ........ ........ ......... ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Acknowledge Minutes of June 10, 2019 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz IV. Public Hearing In the Matter of the Extension of the United Wappinger Water District Extension No. 7 - Mid-Hudson Sikh Cultural Society, Inc Town of Wappinger Page I Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Hearing ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz In the Matter of the Extension of the United Wappinger Sewer District Extension No. 5 - Mid-Hudson Sikh Cultural Society, Inc. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 4. Motion To: Close Public Hearing ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz V. Public Portion 1. Motion To: Open Public Portion ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Portion Town of Wappinger Page 2 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz VI. Discussions 1. Motion To: Robinson Lane Speed Bumps Steve Frazier recommended 3 speed bumps costs under three thousand dollars in total. He would need to move $2,200 dollar from Parks Contingency Fund line to Robinson Lane line. The board authorized Steve to enter into contract for no more than $3,000 dollars for the purpose of installing the speed bumps. The money will come out of Town Board Contingency A1010.405. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz VII. Resolutions RESOLUTION: 2019-132 Resolution Adopting Local Law No. 5 Of 2019 For The Purpose Of Amending The Zoning Map In Chapter 240, Zoning, Of The Wappinger Town Code In Connection With The Rezoning Petition Known As Red Cedar Arborists & Landscapers, Inc./Swenson WHEREAS, the Town Board is considering the adoption of Local Law No. 5 of 2019 for the purpose of amending the Zoning Map in Chapter 240, Zoning, of the Wappinger Town Code in connection with the rezoning petition known as Red Cedar Arborists & Landscapers, Inc./Swenson (the "Proposed Action); and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on June 10th, 2019 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, for the purposes of the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law, Part 617 NYCRR, commonly known as "SEQRA") the Proposed Action also includes Site Development Plan Approval from the Town Planning Board for the Red Cedar Arborists & Landscapers, Inc. project; and WHEREAS, in accordance with SEQRA the Town Board has determined that the Proposed Town of Wappinger Page 3 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 Action is a Type I action; and WHEREAS, after declaring its intent to be the Lead Agency for the purposes of SEQRA and receiving no objections thereto, the Town Planning Board became the Lead Agency for the Proposed Action; and WHEREAS, on May 6, 2019 the Planning Board adopted a Negative Declaration regarding the Proposed Action, thereby ending the SEQRA process; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, in response to said referral the Town Planning Board responded by voting with a positive recommendation; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated that it was a matter of local concern; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; 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, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 5 of 2019, a copy of which is attached hereto and made a part of this resolution; 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. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into 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 the State of New York. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 4 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 Vote Record-Resolution RES-2019-132 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder 0 ❑ ❑ ❑ ❑ TabledAngela Bettina... .................. Voter... . ..... D .... ❑ El ......,..... El ... ❑ Withdrawn Christopher Phillips Voter D...... ❑ El ElMichael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-141 A Resolution Making Certain Determinations in Relation to and Approving the Establishment of Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) To United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12 of The Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District of said Town (the "Extension"); and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town,where the same are available during regular office hours for examination by any persons interested in the subject matter thereof;and WHEREAS, said Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District shall be bounded and described as hereinafter set forth;and WHEREAS, the improvements proposed for said Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District consists of the installation of an 8"water main, including original equipment, machinery, apparatus, appurtenances, land or rights-in-land, and incidental improvements and expenses in connection therewith, as more fully described in the aforesaid map, plan and report;and WHEREAS, the maximum amount proposed to be expended for said improvement is $63,330;and WHEREAS, the Town of Wappinger issued a Negative Declaration in a coordinated Type I SEQRA review which included the extension of the United Wappinger Water District to provide water service to the parcel;and WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and no serial bonds of said Town shall be issued therefor;and WHEREAS, the Society and the Town have agreed that a cost allocation of$102,500 for the Meadowwood Well improvements to the Society is roughly proportional to the benefit that will be received by including the Society Parcel in the UWWD whereby it may receive water service from said water district and no other hookup fees are proposed; and WHEREAS, the estimated cost of the establishment of the Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District to the typical property therein is $11,565.96 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and there are no one or two family houses in the extension; and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available Town of Wappinger Page 5 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby incorporated herein;and WHEREAS, an Order was duly adopted by said Town Board on May 28, 2019, reciting a description of the boundaries of said proposed Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Clerk's Office for public inspection and specifying the 24th day of June, 2019, at 7:30 o'clock P.M.,Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District with the boundary as described herein and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same;and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard;and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a. The notice of hearing was published and posted as required by law and is otherwise sufficient; b. All the property and property owners within said proposed Extension No. 7 (Mid- Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District are benefited thereby; c. All the property and property owners benefited are included within the limits of said proposed Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District; and d. The establishment of said proposed Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District is in the public interest. 2. The establishment of Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefor consisting of the installation of an 8"water main, including original equipment, machinery, apparatus, appurtenances, land or rights-in-land, and incidental improvements and expenses in connection therewith,with all costs borne by the owner of the property. 3. Said Extension No. 7 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Water District with boundary as described herein shall be bounded and described as set forth in Appendix A attached hereto and hereby made a part hereof. 4. The Town Clerk shall,within ten 00) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. 5. The Town Clerk shall,within ten 00) days after the effective date of this resolution, file certified copies of this resolution in the Office of the Dutchess County Clerk. Town of Wappinger Page 6 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2019-141 D Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ El Defeated William H.Beale Mover 0 ❑ ❑ ❑ ❑ Tabled An elaBettina Voter 0 ❑ El El ❑ Withdrawn Christopher Phillips Voter 0 ❑ ❑ ❑ ....... . ........ ..... ........... .................. ................ ...... Michael Kuzmicz � Seconder; D ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-142 A Resolution Making Certain Determinations in Relation to and Approving the Establishment of Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) To United Wappinger Sewer District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12 of The Town Law WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District of said Town (the "Extension"); and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town,where the same are available during regular office hours for examination by any persons interested in the subject matter thereof;and WHEREAS, said Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District shall be bounded and described as hereinafter set forth;and WHEREAS, the improvements proposed for said Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District consists of the installation of a privately maintained 6" service line and a new manhole, including original equipment, machinery, apparatus, appurtenances, land or rights-in-land, and incidental improvements and expenses in connection therewith, as more fully described in the aforesaid map, plan and report; and WHEREAS, the maximum amount proposed to be expended for said improvement is $78,000.00; and WHEREAS, the Town of Wappinger issued a Negative Declaration in a coordinated Type I SEQRA review which included the extension of the United Wappinger Sewer District to provide sanitary sewer service to the parcel;and WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and no serial bonds of said Town shall be issued therefor; and WHEREAS, the Society and the Town have agreed that a cost allocation of$102,500 for the Meadowwood Well improvements to the Society is roughly proportional to the benefit that will be received by including the Society Parcel in the UWWD whereby it may receive water service from said water district and no other hookup fees are proposed; and Town of Wappinger Page 7 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 WHEREAS, the estimated cost of the establishment of the Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District to the typical property therein is $20,690.91 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and there are no one or two family houses in the extension; and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby incorporated herein;and WHEREAS, an Order was duly adopted by said Town Board on May 28, 2019, reciting a description of the boundaries of said proposed Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Clerk's Office for public inspection and specifying the 24th day of June, 2019, at 7:30 o'clock P.M.,Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District with the boundary as described herein and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same;and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard;and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a. The notice of hearing was published and posted as required by law and is otherwise sufficient; b. All the property and property owners within said proposed Extension No. 5 (Mid- Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District are benefited thereby; c. All the property and property owners benefited are included within the limits of said proposed Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District;and d. The establishment of said proposed Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District is in the public interest. 2. The establishment of Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefor consisting of the installation of an 8"water main, including original equipment, machinery, apparatus, appurtenances, land or rights-in-land, and incidental improvements and expenses in connection therewith,with all costs borne by the owner of the property. Town of Wappinger Page 8 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 3. Said Extension No. 5 (Mid-Hudson Sikh Cultural Society, Inc.) to United Wappinger Sewer District with boundary as described herein shall be bounded and described as set forth in Appendix A attached hereto and hereby made a part hereof. 4. The Town Clerk shall,within ten 00) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. 5. The Town Clerk shall,within ten 00) days after the effective date of this resolution, file certified copies of this resolution in the Office of the Dutchess County Clerk. 6. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2019-142 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ .. .................. .... ......... ..... .......... .................. ................ ...... ❑ Defeated : William H.Beale Voter D ❑ ❑ ❑ ... .... . _.. .. . .. .. . .. .. . .. ❑ Tabled AnlelaBetfina Seconder D ❑ ❑ ❑ El Withdrawn Christopher Phillips Mover 0 ❑ ❑ ❑ Michael Kuzmicz Vo11 11ter D ❑ El ❑ Dated: Wappingers Falls, New York June 24, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-143 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence La - 20,19-06-24 Plumber T4 From Date Date Ree` Re: Agenda Date 88--21-881 Towii Board NeRka D Seward-Holloway 8118019 8113019 Request For Water&Sewer @ill To Be Waved 812112819 88.24-882 Town Supervisor Mohd Azher 8!18019 8!17019 Detour Pian Couilty Rt.28 Shamrock Hills Drive 872412819 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2019-143 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ .. .................. .... ......... ..... .......... .................. ................ ...... ❑ Defeated : William H.Beale Voter D ❑ ❑ ❑ ... .... . _.. .. . .. .. . .. .. . .. ❑ Tabled AnlelaBetfina Seconder D ❑ ❑ ❑ El Withdrawn Christopher Phillips................ Voter D ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ El ❑ Town of Wappinger Page 9 Printed 7/2/2019 Regular Meeting Minutes June 24, 2019 Dated: Wappingers Falls, New York June 24, 2019 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/New Business 1. Motion To: Have Supervisor Prepare a Procumation Designating Ralph Hold Chairman Ameritas For Community Day ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz IX. Adjournment Motion To: Wappinger Adjournment & Signature ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Town of Wappinger Page 10 Printed 7/2/2019 7.1.a NEW YORK STATE DEPARTMENT OF STATE 5-8-19 41 STATE STREET ALBANY, NY 12231 Local Law Filing L 0 _ (Use this form to file a local law with the Secretary of State.) a 0 Text of law should be given as amended. Do not include matter being eliminated and do not use U italics or underlining to indicate new matter. LO Z Town of WAPPINGER J v 0 J Local Law No. 5 of the year 2019 E a 0 a A local law entitled "Local Law No. 5 of 2019 for the Purpose of Amending the Zoning Map in N Chapter 240, Zoning, of the Wappinger Town Code in Connection with the Rezoning r Petition Known as Red Cedar Arborists & Landscapers, Inc./Swenson." N vn w 0 Be it enacted by the TOWN BOARD of the J J 0 0 Town of WAPPINGER as follows: 0 0 0 0 TEXT COMMENCES ON NEXT PAGE 0 _ 0 (If additional space is needed, attach pages the same size as this sheet, and number each.) 0 E v a Packet Pg.II LOCAL LAW No. 5 OF THE YEAR 2019 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: D) L Section 1: Title M a This Local Law shall be known and cited as "Local Law No. 5 of 2019 for the Purpose of Amending the Zoning Map in Chapter 240, Zoning, of the Wappinger Town Code in Connection with the U Rezoning Petition Known as Red Cedar Arborists & Landscapers, Inc./Swenson." Section 2: Legislative Intent LO Z The Town Board believes that it is reasonable and appropriate to amend the Zoning Map in Chapter J 240, Zoning, of the Wappinger Town Code in Connection with the Rezoning Petition Known as Red v Cedar Arborists & Landscapers, Inc./Swenson. The rezoning in this local law is consistent with the Town Comprehensive Plan. Further, this local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. a Section 3: Changing of Zoning District Designation of Parcels N M r The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Cn W Existing New °C Tax Parcel Zoning Zoning Number Property Address Owner's Name and Address District District J J Reed Swenson 6158-02- New Hackensack Road 0 Falls, NY 12590 158 New Hackensack Road HD GB 983915 WappingersL Wappinger Falls, NY 12590 c 0 0 Red Cedar Arborists&Landscapers, Inc. 6158-02- 185 New Hackensack Road 3 28 Bill Horton Way HD GB 0 999951 Wappingers Falls, NY 12590 Wappingers Falls, NY 12590 0 _ Diopter, LLC s Hackensack Realty, LLC 6258-01- 187 New Hackensack Road Treasure Lake, LLC HD GB v 022981 Wappingers Falls, NY 12590 Upper Highlands, LLC P.O. Box 189 L Indian Rocks Beach FL 33785 c 0 6259-03- 195 New Hackensack Road Edward Shepherd, Jr. 036006 Wappingers Falls, NY 12590 195 New Hackensack Road HD GB Wappinger Falls, NY 12590 2 Packet Pg. 1 2 Section 4. Amendment to Zoning Map in Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on Exhibit A entitled, "Proposed Rezoning L Red Cedar Arborists & Landscapers, Inc./Swenson," dated May 8, 2019 and attached hereto. a Section 5: Ratification, Readoption and Confirmation v Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force LO and effect and is otherwise ratified, readopted and confirmed. Z Section 6: Numbering for Codification J v It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local J Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of C this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law"shall be a changed to "Chapter," "Section" or other appropriate word as required for codification; and that any N such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. N vn Section 7: Separability W 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 J 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 N been included therein, and if such person or circumstance to which the Local Law or part thereof is 0 held inapplicable had been specifically exempt therefrom. L 0 _ Section 8: Effective Date 0 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. L 0 Attachment: Exhibit A v J:\DOCS2\500\Wappinger\code amendments 2019\red cedar arborists-swenson rezone LL.dhs.docx Q 3 Packet Pg. 13 7.3.a OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 1 File 14o.:47-BA-OR-2772 (n SCE{EACfLE A a Property DesarEpftun a- 7 All that certain plot,piece or:parcel-of land situate,lying and being in•the Town of Wappinger,County of Dutchem and / U State ofNew York,and beiag,ru=particularly described as follows: Beginning.at an iron-rod faund.o.the nartherly line oLOld Hapewell.Rcad,also!mown es County Rote 28,said point of bcginasng being,Lhe south at,coma of lands-now or foanetly F.alkon,Lot 1191 as abowo on the Rockingham Fauns � Subdivision:Plan,Section 2,filed as.Filtd.Mapd17435 f¢•tbeOutebest Cotmty'C]a.Vs Office,Poughktepsie,Now Ydrlt.&aid poinf.af.'begi¢ning also being tht:suutAwcat comer of the htaeht dtscrihed parcel;thence Crum said poiN of begi¢ning'and N along the eastmiy'lim of raid Lot#91,fends now or formerly Fallon=€.:ot:tf401ands'now'or formerly Frodenu npand a poition $ of Lot 989,Innds new or formerly O'Donnell and along,a sidnewhIL North 03°36,10,Fast 242:78 feet;thence continuing along the eaamrly line of said Lot 089,lands now.or formerly O'Donn6ll;Lot#88,lands now or fvrmx iy Mango¢c,and = along a stonewall,North 03°48'10'Fast 191.42.feet:thence,along the esaWly line of Lai 487;'Imds now or formerly Hc%wz,end Loi M,lands now or f6rmerly Ftornn,.md along a sionew&11,.Nortb 03°42'4O'Feat€60.74 feat to a knee post found in a stonewall cot¢r r thmae along tht southerly line of Rocklugham Farm Subdivision,Sccdan 2 as shown.00 Filed Map#M25,eautintsiug alo¢g.#x:soutbuly line of Lot M,lauds.now or f6rm=ly Rodrigutz,Lal#83,lands now or formerly Kerrs,end.a portion of Lat.#83,lands now or.formedy Heavey and along a stonewall,North 80°$6'40'Fsai 181.22 tht,soudttrly lint-of said Lol ii82 la¢dsnowor•lormcaly Hcavcy Lot#81,lands now or farmerly Sauer,and.Lot k.80,lands•now or formerly Rawland and along a stohewirll,North 80°34'OO'past 364.82 feat; M tbenm continuiag along the southerly line-of Lot-179,Inds now or fdrmcrly Yu,.and a p'or[ian of Cot#78,lands-now or Iy Formerly Szila_ski,and along a.stvnewap,With 81"20'00'Fist 200.00 feet;Ib'encn keying said southerly subdivision line and along the soulhcrly lice of a'gdoe of fond bav=o Wb re on,Am south with the-Rockingham.Farnrs SubdsvWort,-Section Z 2,Filed Map N3425 oa.themorth and aloag.a allnYo all,North 81°40'31'Fest 344.13 feet:to a.fence pool found:-V"end of avid�sronewall thence afoug the westerly line of All Angcls.R€€1.Road,-also know[as County Ravin 94,the follawi¢g four C nomse;grid distances,South 161 10'041LWe5t.365.f10tfeei to-a point of curvature;thcntc on a curve to rhe.right having a O radius.of 1116.28 feet,and,trn arc dismoce or.268:36 i'eet as described by the ohord,.South:21°12'39'West 267.71 fact to a .N point of 1mgmtoy;thence osn.tbe mngwrSoutb.'2$°77'()41 West 409.00 Rte;thenct,South 62'24'04'Weal 35.81 foot m,tbe � .northerly line.af Oid Hopeiyell Road;thence along:.'said line the remaining two courses and didAnces,North 72'21'10'West 360.34 feet;thence North 73°23'CO'West 364.00 fwUto the point of Beginning, Ix _ For tofarmatiotml•Ruposes Only: 4— Property 9s a€so known ac_ Alk Angela Rill Road Wappingers Folla,NY 12590 E Grid 0:135689-5257-04-919433 _ N rn t Uj r ' r t� • r O N W SchedaleC-Lezel pacdption C p CLi V N D ✓39 � J C .Q X � W C M C d N o _ V Q Q v 7 U) Packet Pg. 14 CD rn 0 0 7.4.a' p NN N N cD 10 O N LL ❑ O Z m -, F- d = E m f� O U) L N C M O N � 0 CD LL O 0 a J Cr C0 v o c d c c � CD CD C. N mce) ti O cl cfl cQ U O Cl) J ' 4) N O O A, O O O W♦ ❑ N V [fl cfl U) W C N O O O o N 0 E ' N o Li ca E L ) v O o a L Q� O Z O O F- OCL 7 m U) C C O O H F- m O O E9 E Q � z cin coo Racket Pg. 15 00 coo Netikka D.Seward-Holloway 15 F'enmare Drive—Wappingers Falls,NY 1z53o Email: Netikkaesq@)yahoo.com Cell: (845)2,35-4384 June 10,2049 Town Board E � { Town of Wappingers +� 20 Middlebush Read Wappingers Falls,NY 12590 ��� RE: Tax ID# 6258-03452248-0000SOWN OF WAPPINGER -�.������ ����� Account No. 55-0036770-0 -- 0 J Dear Town Board Members: v C I am writing to request for the 10% penalty($19.85)on my Water/Sewer. Bill to be waived and credited back to my account. The reason for making this request is because I had not N received my Bill prior to June 7,201.9; after I had to make an inquiry telephone call.requesting a L copy of the Bill. At the time,I thought that my Bill might have been delayed in getting mailed �° out because when I mailed in a payment for the January 14,2019,Bill, I noticed that my check was not cashed right away. I then called.the Water/Sewer Department on February 25, 2019, to inquire as to whether or not my payment bad been received and to make sure they were aware d) that my payment was mailed because I did not want to be charged a penalty. I was advised by N the lady who answered the telephone that my check was deposited that day(February 25,2019), w my balance was zero and that they were behind due to the tax season. Therefore,when I had not a: received the next bill,which is the bill at issue in this letter, I recalled this conversation and N thought that they were behind in getting the new bills out. CD a) r While waiting for my next bill,I started to inquire with other Town of Wappinger N residents to find out if they had received their bills or if they were having the same issues as me. c Eventually out of concern,I called the Water/Sewer Department on June 3, 2019,and talked with E E a lady and advised.her that I still.had not received my Water/Sewer Bill and wanted to know 0 when T would receive it_ She looked up my account and advised me that it was due on May 18, 201.9, and that I owed$21$.36_ I told her that I never received my bill and her response was, "We're not responsible for the mail!" She repeated this a few times when I tried to explain my concerns about not getting a bill and not knowing how much it was. She also made the comment, "So if you don't get a bill you don't pay your bills?" I felt her to be quite rude and insensitive. I further explained to her that I received all my other Water/Sewer Bills in the past and have always paid my Water/Sewer Bills on time and that this was the first time I had not received my bill from.their department. I also mentioned.that I receive my mail from other businesses and utilities with no problem and have access to my accounts online. T insisted on getting a duplicate bill which she gave me a hard time about as well_ I received the duplicate bill on June 7,2019,which was postmarked June 5,2019. See attached a copy of the stamped Packet Pg. 16 Netikka D.Seward-Holloway 15 Fenmore Drive w Wappingers falls,NY 12590 Email: Netikkaesq@yahoo.com j Cell: (845)235-4984 envelope. She advised me that I can write to the Town Board requesting a waiver,hence this letter. Additionally,I would like to point out that the"Due Dates"for these bills fluctuate on a consistent basis,unlike other businesses and utility companies. It would be helpful to residents for the Town to consider getting an online service so that residents may have the option of being able to check their accounts online and paying online to prevent these problems. This is totally unfair to the residents. I do not know how a person is expected to pay a bill without receiving it and viewing it to check for its accuracy. When I received my duplicate bill on June 7, 2019,I CM .r noticed that the water rate had changed from$66.20 to $71.00. I do not recall receiving written notice about this increase in the rate,which is another reason why it is important for me to view my bills before,paying them. I have excellent credit and have never been behind in any of my bills. c 0 a, Lastly,I would like to mention that my water pressure has been quite; low these past few L months and I don't know why. May you please have someone look into this issue and advise me as to how much longer this situation will last. U M Thank you for taping the time to read my letter and address my concerns. If you have a) any questions or need.additional information,I may be contacted at the above email and/or N telephone number. I look forward to your response on these issues. w Sincerely, C' Netikka D. Seward-Hol. loway v Enclosure 5 Racket Rg. 17 �. U, rrrr �i 8•-•7 O r/ lilt / 0 CL r uj W R:r N CD04 O Q1 ri r r E %/i;�r/l/rr iii r///i �/%i/� ;✓r/��/� l�/l/ r // r ';;;,, � ; ✓i/�, /i, // rr i�i ..lir r r ,�r���, /''/r%//i////�/i rr�� r r r r rill,,,' n,,,,, / „<, �`� � �,; �, �� V „,,,, i/, /� r�- r. ✓'/ / r / /.//, ///i r rri//,., r r r.., �'''%-; ;�;>,,,, i,, �;.,n�;;,,, ,,, ;,, r ,�,�„G r r/l/ r/ r/r r r ✓%r/i�r� ./r r/////��!r r fi r r / / / ,; Ir�ii///r�/ r i/itr r;: / � .:•/�1�� '�/%r�ii/i/ ;:r / ri � ,:;,:""� ,'v „rt`, ,„ , lin:,%"%/<.rrj/r/rr r//� r r ,%//% .. �// // %/..r /i/// /i✓ r .rr r ,,,.:: ,�„,,,.-;�;,,� � �,ir, u';,1,.. � ”, //i��/D/�i��i///r%�/rr/ij/r / ”%✓��%r/.'/!i%r//j�r /// ///i �%rr rr, //ni ,;;,;,o ;;�;,s o ,;;X��;,;, �, „�,�J�"�' �, rrr//i � r �/./r � .I��� /�l�r � /i r r..r r�ri .i r' ,;;, ,;;� 1�,✓w( �! ,�;; �-,,,i/r r� ,✓//�// /%. .r%ri /i ::/r�-.// "r/r%/rri/r//i/ r ..r /rr ,�,,;-,�,,,r,,,, r,,c„-, ,;, ,, 1, .. � .'�;, ,�„�✓/,//:/r,.i// ,� r �.r /� r Ji//rr/�r/�r /til r r /,,,,,�,,,,,; r ,. ,,, �:;;,;, � „'� ,,,,;, , rrr�/, %.✓r. �/,/ rp ,. / rr �or. ,-�/,/., r / /.. ,r, ,,,, „-i; ,.,,,, ,,,„ ,,,, ,,, , >;,,�,✓/„rri „�,/,ll ,�or �� .�r �..cr. /ri //i rr / „�,,,, r,.,,. ,,�;,, ,rr 1// /r r�� ,. r� ,//r !. /r ./. // r �r,.., ✓, ,rri.. ' - �er. r� ,.� � r / %/ ///�I�r� i// r / �/r, r �, //� rrr,,, , ,l„r� r / ✓ii / ,, � ...,, �; e r... r Racket.P . 18 C,I /,DC to coa. ROBERT H. BALKIND, P.E. MARCUS J. MOLINARO , '� ' . COMMISSIONER COUNTY ExECUTIVE DAVID C.WHALLEN DEPUTY COMMISSIONER COUNTY OF DUTCHIESS DEPARTMENT OF PUBLIC WORKS June 10, 2019 JUN 17 2019 Richard Thurston, Town Supervisor TOWN OF WAPPINGER Town of Wappinger 'OWN CLERK 20 Middlebush Road Wappingers Falls,NY 1.2590 ° J ° v ° RE: DETOUR PLAN— COUNTY ROUTE 28 AT SHAMROCK HILLS DRIVE a, ° PIN 8755.44—OLD HOPEWELL ROAD (CR 28) REHABILITATION L US ROUTE 9 TO ALL ANGELS HILL ROAD (CR 94) v TOWN OF WAPPINGER, DUTCHESS COUNTY r AND °' N Ch PIN 8758.71 —INTERSECTION IMPROVEMENTS UJI cc OLD HOPEWELL ROAD (CR 28) @ ALL ANGELS HILL ROAD (CR 94) .� TOWN OF WAPPINGER, DUTCHESS COUNTY N i I w w: r 0 Dear Supervisor Thurston: N Dutchess County Department of Public Works (DCDPW) has developed contract documents for the above noted projects. The above. noted two (2) PIN project is being scheduled for construction in the Summer of 2020 subject to Federal and State approvals. The scope of work includes mitigating .sub-standard features such as stopping sight distance at crest vertical curves by lowering the roadway in these areas. One of these vertical curves on CR 28 is located at the intersection of Shamrock Hills Drive (Dr). The mitigation in this area requires reconstructing the approach of Shamrock Hills Dr to the proposed road profile of CR 28. The depth of cut in the proposed profile of CR 28 varies. from zero at the two ends to approximately 40 inches at Shamrock Hills Dr. This work•would be performed by closing Shamrock Hills Dr. Local traffic from Old Hopewell Estates well be detoured an Alpert Drive. The existing fence on Alpert Dr will be temporarily removed and a temporary paved, connection will be established for all vehicular traffic between Shamrock Hills Dr and Alpert Dr until Shamrock Hills Dr is re-opened at CR 28. The anticipated duration of lowering will be four to six weeks barring any unforeseen conditions. Upon completion of the said lowering, the 626 Dutchess Turnpike,Poughkeepsie,New York 12603 y' www,dutchessny.gov Packet Pg. 19 Richard Thurston, Town Supervisor June 10, 2019 Page 2of2 existing fence and the connection between Shamrock Hills Dr and Alpert Dr will be restored to the original condition. Please find enclosed a detour plan that will be in effect for the duration of the reconstruction of CR 28 at Shamrock Hills Dr. Advance notification of the detour will also be provided to the residents of Old Hopewell Estates prior to the proposed lowering of the roadway. If this detour presents any potential problems or if you have any questions about the project, please feel free to contact this department at (845) 486-2925. —+ v c c 0 CL Sincerely, 0 v M Moedzher- ddin 0 Assistant Civil Engineer I Cv (n Enclosure (detour plan) UJ cc: Vincent Bettina, Highway Superintendent C Robert Gray, Town Engineer 9 r 0 N c 0 v i Racket Pg.20 l:f 1?y�•sr!�;,��- r ! i,�c13/a�e°�r�� �y":�j ... '-. r' .: - � c : A'i!.,� irrt�5s4i'I`q���^37-s F^A)f��'.; b '-��� 'a � �,� � tt �i-•fG -42 wf raa'Ur°}�r ;=r� J Yrs P c fa er A & , o �r r�w�-w 3�'i p c,1� i n k 7s:, •' a4 �1 � 35 �• �{�v� � � ' w ` I w' f y a i; .r , ' - ! 6�w t V;11114 j�7 ° ��•�s Pr�C � � + r � >• ':V. / 3 0 Q u7 rt;ci a I 1 �� s Y w y I St O m . F r S iom rn64�tex f f N LU i L D f eKkif EL Ed Tz- CD u o o o EL zg: Sg _ WORK.ZDNE +. LO: QETUUR PLAN :-Z Q w SHAMROCK HILLS, R A N,T.S.19 . WEs� EAST � W�s� Vy�s� i �v I M3-4 M3-2 M3-4 M3-4 I . v � LDtl81Y I WTOI€t! GllfdEst ' Na M9.1 it QQ �] JJ�� d�l]faEQSS LV 2$ s 2V L{J 4 Ln DETOUR tollNTr tOpXTY coU1fTY cDUMTY C►fl M4-1 M4-1 I M4 1 I M4-1 cit z pETOUfi DETOUR + QET9Ui? DETOUR Gll/�y}� N CP MJ I 1/ LL} a GI I cr l a X11-7 GI 1-6 W R a Racket Pg.21 Z`5 u ww w a 7.4.a CONTRACT NO. - i FED iIDAO L TE -. .._ .. .. SHEET .7071 REG. NO, v vvv NO, SHEE' 1 Y. Knx-AnA l7 l9� HflR p i P.I.N. AT55.44. 8758.71 B.I.N. I REHABILITATION OF COUNTY ROUTE 29 US ROUTE 9 TO COUNTY ROUTE 94 CR 28 / CR 94 INTERSECTION IMPROVEMENTS t TOWN OF WAPPINGER IDUTCHESS COUNTY Y a��, GT4t15,� k r i f+ ' 9 t } F ^i r '. R s � r O '. VIAS -1 AND V 5 N 1 I MESSAGE PRIOR TO ROAD CLOSURE: U SHAMROCA FROM MM/GD 3 , ' :a HILLS,DRIVE TO MM/DD .._ SED' CLO r F n a) _ - Cl _ �YS O ! ►y. TYPE Ill BARRICADE - k:.1 H9� VARIABLE MESSAGE SIGN uj r TEMPORARY.SIGN �. Q o am WORK ZONE Ni 0D NOTES. I. SIGN GROUPINGS SHALL ALWAYS BE POSTED A MAXIMUM DF 15m. CV SiAMR4CK HILLS.� �R FROM AN INTERSECTION, *° � .. q 2. CONFIRMATION SIGN ! SHALL BE REPEATED A7 A MINIMUM D15TANCE OF EVERY z MILE, _ 3. ANY WSTINC 'SIGN WHICH CONFLICTS WITH THE TEMPORARY V TRAFFIC CONTROL 510 LAYOUT SHALL BE COVERED. REMOVED. 5TORED 00 RESET ADHE, Q 4, SIGNS 0. QF AND G(]SHALL ALWAYS BE POSTED A MAXIMUM OF ISM FROM AN INTERSECTIDN, FHAMROCK HILLS.., DRIJ 5, FOR WORXZONE SCHEMATIC AT ROAD CLOSURE, SEE OWG, NO, DET-3. 6, PANEL XX' AND XY SHALL BE PLACED WHEN ROAD CLOSURE.ON ourpsyss ouioEss SHAMROCK HILLS 15 IN EFFECT. i GV y 7, SIGNS • NOT REQUIRED IF DE7DUR-1 15 IN EFFECT. C0�lIITT - Y411A7Y `1 ALL b1MFNS10N5 ARE IN.m UNLESS OTHERWISE NOTED MI-I M4-1 AS BUILT REVISIDNS DETOUR DETOUR ROAD GII-6 GII-B CLOSED. . SIGNATURE GATE RS*1• b d DETOUR PLAN - 2 DUTCWS COUNTY DEPARTMENT OF PUBLi Racket Pg.22 DRAWING NO. SCALE I DATE I iS J50rgLr' DET-2 NONE 9/16