2020-07-13
Town of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
~ Minutes ~ Joseph Paoloni
(845)297-5771
Monday, July 13, 2020 7:00 PM Town Hall
I. Call to Order
Attendee Name Organization Title Status Arrived
Richard Thurston Town of Wappinger Supervisor Present 7:00 PM
William H. Beale Town of Wappinger Councilman Present 7:00 PM
Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM
Christopher Phillips Town of Wappinger Councilman Present 7:00 PM
Al Casella Town of Wappinger Councilman Present 7:00 PM
Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present 7:00 PM
Tim Moot Consultant Engineer Present 7:00 PM
Jim Horan Consultant Attorney Present 7:00 PM
II. Salute to the Flag
III. Agenda and Minutes
1. Motion To: Adopt Agenda
Added Spook hill Park Approval.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Acknowledge Minutes of Jume 22, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
IV. Supervisor's Report - RLT
The Focus was on Covid 19 where it was stated that the Town is in Phase IV. DMV is open for
appointment only. Office for the Aging is providing social distance drive-thru picnics. Assisted
living visits are now open. The Town is accepting emails to planning and zoning meetings, some
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residents are wondering if zoom was possible. Councilwoman Angels Bettina advocated to look
into it.
V.Financial Report - Fredrick
1. Motion To: Transfer Funds
Frederick Awino issued his 6 month Financial Report to the Town Board. In his report he went
over a variety of line items that included court lines, building permit lines, and franchise
agreements from Cablevision and Verizon. Frederick also discussed some lines that were over
budget and proposed to move some estimates of spending from under budgeted line items into
line items that are over the budget estimate. These line items were:
Town Board equipment
Comptroller equipment
Machine Lease (Postage Machine)
Highway equipment
Carnwath Farms Tennis Court and Park expenses
Town Board equipment From Contingency
Comptroller equipment from Training
Machine Lease from a 414 Line
HVAC maintenance
Councilman Beale asked Frederick to provide documentation to the Town Clerk. Jim Horan
requested a report as well. Nothing was Given To the Town Clerk as promised within the time
frame of publishing these minutes. Further Details can be found on the video on the town
website.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VI. Public Hearings
Resolution Introducing Local Law No. 3 Of 2020 Which Would Amend Chapter 240,
Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees
And Fines, Of The Town Code With Respect To A Variety Of Matters
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RESULT:ADJOURNED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Resolution Introducing Local Law No. 2 Of 2020 Which Would Amend Chapter 240,
Zoning, Of The Town Code With Respect To Outdoor Seating For Existing Food Service
Establishments
RESULT: CLOSED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
3. Motion To: Extension of the United Wappinger Sewer District No. 7 - Hindu Samaj
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VII. Public Portion
1. Motion To: Open Public Portion
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Close Public Portion
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VIII. Executive Session - Personnel Matters Interview
1. Motion To: Enter Executive Session
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RESULT:ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Return From Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Richard Thurston, Supervisor
AYES: Thurston, Beale, Bettina, Phillips, Casella
IX. Discussions
1. Montclair Emergemcy Water Connection
Montclair Complex had an emergency crisis. They sent in an emergency hookup request to the
Town. Montclair Engineer Joe Burger and Mike Tremper presented a plan that was sent to Tim
Moot. They will run a pipe above ground from Amherst Drive. The Connection to the town will
act as a well. It is meant to be a temporary connection for 3 to 6 months. The Town Board
discussed the potential possibility of a permanent connection at a later date. The Town
Supervisor stated that the Department of Health supports what they are doing. Further
information can be found on the video on the Town Of Wappinger website.
2. Highway Trucks - Mike Sheehan
Mike Sheehan presented new information regarding the 3 trucks for the winter. He felt it will be
a Safety issue without them. The end of December/January are turn over dates. He found a new
vendor that could turn it around in 5 months instead of 8 months. The truck's life span is usually
15 years. The Town Board discussed a capital plan to be looked at during the budget meeting.
3. Tax Certiorai Executive Square Associates v. Town of Wappinger; MFR II, LLC v. Town
of Wappinger; SAZ LLC v. Town of Wappinger
Executive Square council represents all three plaintiffs for a $400,000 reduction from $3 million
to $2.6 million.
4. George Silvestri Water Hook Up Request
George Silvestri's well has failed. Additionally, there is a high content of containments. He
requested a hookup to the UWWD at Old Hopewell Commons with a tenancy agreement. To be
issued at the next meeting.
5. Safety, Health, and Environment Advisory Council
Supervisor Thurston discussed the Environment Advisory Council and updating the name to the
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Safety, Health, and Environment Advisory Council. He proposed to re-establish the council. The
Supervisor and Town Board discussed the need for a Conservation Advisory Council. Further
information on this discussion can be found on the video on the Town Website.
6. Motion To: Spend up to $34,000 on Quiet Acres Playground Equipment From the Parkland
Trust
Councilman Chris Phillips and Director Fulton presented on Quiet Acres Playground Equipment.
Director Fulton passed out information of the proposal with quotes to the Town Board, but gave
nothing to the Town Clerk. The board approved the spending of up to the $34,000 From the
Parkland Trust account. For further information can be found on the video on the Town Website.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
7. Items Arising out of Saturday, July 11th Workshop
The Town Board Discussed resolutions arising from the July 11th Workshop. In it the They
discussed the resolutions For Little League and Soccer Contracts. They also discussed further
steps for Spookhill Park and Challenger Field to get plans over to the County. Further
information about this discussion can be found on the video on the Town of Wappinger website.
RESOLUTION: 2020-134
Resolution Authorizing the Execution of the Agreement between the Town of Wappinger
and the Town of Wappinger Little League Association, Inc.
WHEREAS, the Town Board finds that it is in the best interests of the Town to have the
Town of Wappinger Little League Association, Inc. provide a program of softball and baseball
activities for the boys and girls of the community; and
WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation
Committee, Director of Recreation, and the Supervisor of Buildings and Grounds, has negotiated
the terms of a proposed Service Agreement with the Town of Wappinger Little League Association,
Inc., a copy of which is attached hereto; and
WHEREAS, the Town Board
determined that the nature of services to be provided by the Town of Wappinger Little League
Association, Inc. are of a specialized nature and are not subject to competitive bidding; and
WHEREAS, the Town Board acknowledges the very successful program the Town of
Wappinger Little League Association, Inc. has administered for over 40 years and wishes to continue
having the Town of Wappinger Little League Association, Inc. provide softball and baseball
activities for the boys and girls of the Town of Wappinger;
NOW, THEREFORE, BE IT RESOLVED, as follows:
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1.The Town Board Members acknowledge they have reviewed the terms and
terms contained therein reasonable and appropriate to provide baseball and soft ball
services for the Youth of the Town of Wappinger.
2. The Town Board hereby authorizes the Town Supervisor to execute said Service
Agreement with the Town of Wappinger Little League Association, Inc. in
accordance with the terms and conditions contained therein.
3. The Town Board authorizes the payment of Six Thousand Dollars ($6,000.00) to the
Town of Wappinger Little League Association, Inc. to provide softball and baseball
activities for the boys and girls of the community for 2020 in accordance with the
terms of the contract and the amount appropriated in the 2020 budget.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-134
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-133
Resolution Authorizing the Execution of the Agreement between the Town of Wappinger
and Wappinger United Soccer Club, Inc.
WHEREAS, the Town Board finds that it is in the best interests of the Town to have
the community; and
WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation
Committee, Director of Recreation, and the Supervisor of Buildings and Grounds, has negotiated
the terms of a proposed Service Agreement with WUSC, a copy of which is attached hereto; and
WHEREAS, the Town Board, in
determined that the nature of services to be provided by WUSC are of a specialized nature and are
not subject to competitive bidding;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board Members acknowledge they have reviewed the terms and
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terms contained therein reasonable and appropriate to provide a soccer program for
the Youth of the Town of Wappinger.
2. The Town Board hereby authorizes the Town Supervisor to execute said Service
Agreement with WUSC in accordance with the terms and conditions contained
therein.
3. The Town Board authorizes the payment of Six Thousand Dollars ($3,000.00) to
WUSC to provide soccer activities for the boys and girls of the community for 2020
in accordance with the terms of the contract and the amount appropriated in the
2020 budget.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-133
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
10. Park Signs and Regulation
Supervisor Thurston and Historian Cavaccini made a 'mock-up' Park Regulation Template. It
was a conceptual design. They presented what the design would look like where it would be
located at the parks. Nothing was given to the Town Clerk. Director Fulton and Steve Frazier
will send the final verbiage to the Town Board.
11. Motion To: Go to bid for estimated amount of $351,000 UWWD Hilltop and Meadowwood
Improvements - Cost Summary
Engineer Tim Moot said that they are ready to go to bid, which is estimated at $351,000.
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RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
X.Resolutions
RESOLUTION: 2020-126
Resolution Adopting Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning,
Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees And
Fines, Of The Town Code With Respect To A Variety Of Matters
WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2020 which
would amend Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and
; 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 July 13, 2020 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
(SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision
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of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines, of the Town Code with respect
to a variety of matters; and
WHEREAS, the Town Board has determined that the Proposed Action is an action for which
there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead
Agency for this action; and
WHEREAS, on July 13, 2020 and pursuant to the State Environmental Quality Review Act
regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed
Action will not result in any significant adverse environmental impacts, that a Draft Environmental
Impact Statement will not be required, and that the SEQRA process is complete; and
WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board
for its advisory opinion; 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, 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. 3 of 2020, 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 State of New York.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-126
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Richard Thurston Voter
Defeated
William H. Beale Seconder
Tabled
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Withdrawn
Angela Bettina Mover
Next: 8/24/20 7:00 PM
Christopher PhillipsVoter
Al Casella Voter
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Tabled.
RESOLUTION: 2020-127
Resolution Adopting Local Law No. 2 Of 2020 Which Would Amend Chapter 240, Zoning,
Of The Town Code With Respect Outdoor Seating For Existing Food Service
Establishment
WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2020 which
would amend Chapter 240, Zoning, of the Town Code with respect to outdoor seating for existing
; 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 July 13, 2020 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
(SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, of the Town Code with
respect to existing food service establishments; and
WHEREAS, the Town Board has determined that the Proposed Action is an action for which
there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead
Agency for this action; and
WHEREAS, on June 8th, 2020 and pursuant to the State Environmental Quality Review Act
regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed
Action will not result in any significant adverse environmental impacts, that a Draft Environmental
Impact Statement will not be required, and that the SEQRA process is complete; and
WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board
for its advisory opinion; 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, the Town Board has given due consideration to the comments of the Town
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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. 2 of 2020, 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 State of New York.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-127
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-128
Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding
Executive Square Associates
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2018 and 2019 by Executive Square Associates, regarding real
property located at 66 Middlebush Road in the Town of Wappinger, Tax Grid # 6157-02-
608885, seeking a reduction in the 2018 and 2019 tax assessment for those respective tax rolls;
and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
these tax review proceedings; now, therefore be it
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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 years 2018
and 2019, as it pertains to:
66 Middlebush Road, Tax Grid # 6157-02-608885
ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF
ROLL REDUCTION
2018 $2,288,000 $2,288,000 $0
2019 $3,000,000 $2,600,000 $400,000
; and be it further
RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, 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:
Vote Record - Resolution RES-2020-128
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Voter
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-129
An Order Making Certain Determinations in Relation to and Approving the Establishment
of Extension No. 7 (Hindu Samaj, 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. 7 (Hindu Samaj, Inc.) to United Wappinger
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 (Hindu Samaj, Inc.) to United Wappinger Sewer District shall be
bounded and described as hereinafter set forth; and
WHEREAS, the improvements proposed for said Extension No. 7 (Hindu Samaj, Inc.) to United
HDPE low pressure force main and connections to the existing sewer main to serve the instant
property, as more fully described in the aforesaid map, plan and report; and
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WHEREAS, the maximum amount proposed to be expended for said improvement is $17,000; and
WHEREAS, the Town of Wappinger Planning Board issued a Negative Declaration in a
coordinated Unlisted SEQRA review which included the extension of the United Wappinger Sewer
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 estimated cost of said Extension to the typical property therein is $5,600.00 in the
first year in which operation, maintenance, debt service and other charges and expenses are to be
paid and the estimated cost for a residential property in the proposed Extension is $5,600.00 in the
first year in which operation, maintenance, debt service and other charges and expenses are to be
paid; and
WHEREAS, the cost of the buy-in fee to the UWSD for the property is $4,800 in accordance with
§236-6 of the Town of Wappinger Code; and
WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $17,000,
and the typical property in the Extension is a single-family residence; 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 June 8, 2020, reciting a description
of the boundaries of said proposed Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger
Sewer District, the improvements proposed, the maximum amount proposed to be expended for
said improve
th
for public inspection and specifying the 13
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 (Hindu Samaj, 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:
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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 (Hindu
Samaj, 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. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District;
and
d. The establishment of said proposed Extension No. 7 (Hindu Samaj, Inc.) to United
Wappinger Sewer District is in the public interest.
2. The establishment of Extension No. 7 (Hindu Samaj, 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 purchase
and installation of a sewer lateral connected to an existing manhole to serve the instant
property, with all costs borne by the owner of the property.
3. Said Extension No. 7 (Hindu Samaj, Inc.) to United Wappinger Sewer District with
boundary as described herein shall be bounded and described as set forth in Exhibit A
attached hereto and hereby made a part hereof.
4. The Town Clerk shall, within ten (10) 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 (l0) days after the effective date of this resolution, file
certified copies of this resolution in the Office of the Dutchess County Clerk.
6. The Town Clerk shall, within (5) days, transmit to the Dutchess County Department of
Behavioral & Community Health a copy of this resolution.
7. This Resolution shall take effect immediately.
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EXHIBIT A
Boundaries of the Extension of the United Wappinger Sewer District, known as Extension No. 7
for HINDU SAMAJ, INC.; in the Town of Wappinger, Dutchess County, New York
LEGAL DESCRIPTION
A certain piece or parcel of land in the Town of Wappinger, County of Dutchess, and State of
New York, described as follows:
BEGINNING at a point on the northerly line of All Angels Hill Road, said point being distant
easterly 745.79 feet from the intersection of the easterly line of lands of now or formerly Hellar
with the northerly line of All Angels Hill Road and running thence through lands of Vorndran the
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-129
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-130
Resolution Authorizing Application For Grants For Intermunicipal Improvements To
United Wappinger Water District Water System
WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have entered into
negotiations for an Intermunicipal Agreement which will allow for the following water system
projects:
i) An emergency interconnection between the water systems of the Village of Wappingers
Falls and United Wappinger Water District; and
ii) Establishment of a Water District to serve Woodhill Green Condominium and
potentially other nearby properties.
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WHEREAS,the Town of Wappinger, is in support of the infrastructure improvements and
the efforts to secure the grants and any additional funding; and
WHEREAS, the estimated project costs and funding are set forth in detail within the grant
applications;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board of the Town of Wappinger hereby consents to the Board of
Trustees of the Village of Wappingers Falls to serve as lead agency with respect to the proposed
interconnection project.
2. The Town Board of the Town of Wappinger acting as Trustees of the United
Wappinger Water District hereby declares its intent to join with the Village of Wappingers Falls and
re grants
from the Consolidated Funding Process, the EFC and any additional funding to facilitate the above
infrastructure improvements.
3. The Town Board hereby approves and endorses the grant applications under the
Intermunicipal Grant Program for the funding of the project known as United Wappinger Water
District, Village of Wappingers Falls, Woodhill Green Emergency Interconnection which is located
within the Town of Wappinger.
4. The Town Board hereby authorizes and directs the Town Supervisor to sign the
grant applications on behalf of the Town of Wappinger.
5. The Town Supervisor is hereby authorized to execute any and all additional documents
in connection with said grant applications and to supply such additional information as may be
required for such grant applications.
6. The Town Supervisor is hereby authorized to accept any grants awarded subject to
all agency regulations, including but not limited to the EFC, and subject to further action by the
Town Board to utilize the funds in accordance with the terms of the grant award.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-130
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-131
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
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Regular MeetingMinutesJuly 13, 2020
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-2020-131
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
XI. Items for Special Consideration/New Business
1. Motion To: Move $5,690 from A2860, Insurance Recocery, to Steve Fraizier- Carnwath
Update A.7110-406 Carnwath Farms
Steve Fraizer Presented an update on Carnwath Farms. He proposed moving $5,690 from A2860
Insurance Recoveries to A.7110-406 Carnwath Farms.
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Regular MeetingMinutesJuly 13, 2020
RESULT:ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
XII. XII. Executive Session
1. Motion To: Enter Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Return From Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
XIII. Items Approved After Executive Session
RESOLUTION: 2020-132
Resolution Authorizing Temporary Emergency Water Connection For Montclair
Condominiums Subject To Future Tenancy Agreement
WHEREAS, the existing wells at Montclair Condominiums are not producing sufficient water to
supply potable water for its residents and potable water is being trucked in; and
WHEREAS, the public water supply for Montclair Condominiums supplies potable water to
approximately 1100 residents through 296 service connections; and
WHEREAS, the Montclair Condominiums abut certain parcels of Town owned property in the
United Wappinger Water District located on Amherst Lane; and
WHEREAS, Montclair Condominiums desires to make a temporary water connection to the United
Wappinger Water District across the Town parcel to a hydrant located on Amherst Lane; and
WHEREAS, Montclair Condominiums submitted a Petition dated July 6, 2020 together with plans
and letter from its Engineers; and
WHEREAS, the lack of potable water for 1100 residents creates an imminent need that must be
addressed on an emergency basis; and
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Regular MeetingMinutesJuly 13, 2020
WHEREAS, the Dutchess County Department of Behavioral & Community Health has directed
Montclair Condominiums to devise an action plan to cure the water supply deficiency;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that the temporary water connection to Montclair
Condominiums is an emergency action that is immediately necessary on a limited and
temporary basis for the protection or preservation of life, health and property and will be
performed to cause the least change or disturbance to the environment, practicable under
the circumstances, and is therefore a Type II action under SEQR pursuant to 6 NYCRR
617.5(c)(42).
2. The Town Board hereby authorizes a temporary license to Montclair Condominium to
install a temporary water connection across its property to the hydrant on Amherst Drive.
3. The Town Board hereby authorizes the Town Supervisor, the Comptroller, the Town
Engineer, the Water System Operator, the Attorney to the Town and any other Town
Officials to negotiate a temporary water tenancy agreement, which shall provide for the costs
of the connection and review costs to be incurred by Montclair Condominiums.
4. The operation of the temporary water connection shall be subject to the execution of a final
Temporary Water Tenancy Agreement, approval from the Dutchess County Department of
Behavioral & Community Health, the Town Engineer and the Town of Wappinger Water
System Operator.
5. Any permanent water connection to Montclair Condominiums must be subject to SEQR
review and district extension proceedings under Town Law.
6. The Town Board hereby authorizes the Town Supervisor, the Comptroller, the Town
Engineer, the Water System Operator, the Attorney to the Town and any other Town
Officials to supply any necessary information to assist Montclair Condominiums with its
obligations to cure the water supply violation identified by the Dutchess County Department
of Behavioral & Community Health.
7. The Town Clerk is hereby directed to send a copy of this resolution to the Dutchess County
Department of Behavioral & Community Health, Montclair Condominiums and its
Engineer.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-132
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
July 13, 2020
The Resolution is hereby duly declared Adopted.
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Regular MeetingMinutesJuly 13, 2020
2. Motion To: Produce a Tenancy Agreement for Emergency Water Connection for George
Silvestri
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
3. Motion To: Authorize Temporary Building Inspector For Code Enforcement Department For
Up To $1,000 Dollars
No name was given to fill the position. This motion also included the Supervisor and Director of
Strategic Planning and Development to procure individuals for the purposes of assisting in the
building and Code Enforcement at a rate to be determined by the Supervisor.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
XIV.Adjournment
Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 11:26 PM.
____________________
Joseph P. Paoloni
Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Town of Wappinger Page 21 Printed 8/27/2020
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10.1.a
NEW YORK STATE DEPARTMENT OF STATE Draft: 5-29-20
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. 2 of the year 2020
A local law mending Chapter 240, Zoning, Chapter 217,
Subdivision of Land, and Chapter 145, Go-Carts, and Chapter 122, Fees and Fines of
Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
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LOCAL LAW No. 2 OF THE YEAR 2020
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title
This Local Law shall be known and c2 of 2020, for the Purpose of Amending
Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and Chapter 122,
Fees and Fines, of the Town Code with Respect to a Variety of Matters
Section 2. Legislative Intent
The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240,
Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines,
of the Town Code with respect to a variety of matters. 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.
Section 3. Amendments to Chapter 240, Zoning
1. A new Section 240-20.C shall be added and shall read as follows:
C. One driveway. The lot on which a one-family or two-family dwelling is located shall
have a maximum of one driveway curb cut.
2. Section 240-96.G shall be amended to read as follows:
G. Commercial vehicles. Not more than one light-duty commercially registered vehicle
and one trailer may be parked or stored outdoors on any residentially used or
residentially zoned lot at any time, except that on such residential lots which are 2
acres of more in size, not more than one light-duty commercially registered vehicle
and one trailer per acre may be parked or stored outdoors at any time, to a maximum
of 3 light-duty commercially registered vehicles and 3 trailers regardless of lot size.
For the purposes of this section, a "light-duty commercially registered vehicle" shall
exclude vehicles which exceed 9,500 pounds in registered gross vehicle weight. The
following expressly prohibited examples include but are not limited to tractors, tractor-
trailers, semitrailers, rollers, tractor and truck cranes, power shovels, road-building
machines, snowplows, road sweepers, sand spreaders, trailers, excavators, tank
trailers, tow trucks and buses, and any other similar vehicle.
3. Section 240-30.A shall be amended to read as follows:
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A. If any accessory building is attached to a main building, including attachment by
means of an enclosed and heated breezeway, it shall comply, in all respects, to the
requirements of this chapter applicable to the main building. All other accessory
buildings shall comply to the requirements for such buildings in the Schedule of
Regulations.
4. The following definition in Section 240-5 shall be amended to read as follows:
BUILDING, ACCESSORY
A building which is subordinate to the principal building on the lot and used for purposes
customarily incidental to that of the principal building. Accessory buildings shall include but
not be limited to barns, garages, sheds, huts, garage- or shed-like tents, fabric shelters, etc.
Where an accessory building is attached to the principal building in a substantial manner, as
by a common wall or roof, such accessory building shall be considered part of the principal
building. An accessory building connected to the principal building by an enclosed and
heated breezeway shall also be considered part of the principal building.
5. Sections 240-51.A(1) and (2) shall be amended to read as follows:
(1) Minimum park area. A mobile home park shall have a minimum area of at least five
acres.
(2) Mobile home density. The maximum number of mobile home lots in a mobile home
park shall not exceed the number of one-family dwelling units which, in the opinion of
the Town Board, could be permitted under the requirements of the residential zoning
district in which the site is located, as determined in accordance with § 240-19B.
Notwithstanding the above, there shall be no increase in the number of mobile homes
in any mobile home park existing as of July __, 2020.
6. n the Schedule of Use Regulations Nonresidential
Districts referenced in Section 240-37, the following new use shall be added at the end
of the existing list and shall read as follows:
Commercial kitchens, without any end-consumer presence on the premises
This new use shall be a Permitted Principal Use (PP) in the GB, COP and AI zoning districts.
7. A new Section 240-16.H shall be added and shall read as follows:
H. Notwithstanding the above, the conversion of any dwelling prior to January 29,
1963 to a two-
considered a valid conversion. This section does not affect the conforming or
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nonconforming status of the use in accordance with this chapter, and does not affect the
applicability of the Uniform Fire Protection and Building Code to such use.
8. In the parking schedule in Section 240-97.B, the following requirement shall be
amended to read as follows:
Use Minimum Number of Off-Street Parking Spaces
Multifamily dwelling 2 for each dwelling unit, plus 0.5 for each bedroom; in addition, the
Planning Board may adjust the parking requirement to account for
such matters as a clubhouse or recreation area in a multifamily
development, garage parking (which could be turned into storage
space)
, driveways, and assigned parking spaces which can not used in
common, etc.
9. A new Section 240-36.1.D shall be added and shall read as follows:
D. The use of go-carts shall also be subject to the provisions of Chapter 145 of this code.
Where the provisions of this chapter and those of Chapter 145 may be in conflict,
such as with regard to hours of operation, the more restrictive provisions shall govern.
10. Section 240-81.I(g) shall be amended to read as follows:
(g) That the proposal shall comply with the most current FCC regulations regarding
emissions of electromagnetic radiation as currently found in FCC Regulations, Title
47, Part 1, Section 1.1307, and all other relevant sections. The special permit granting
authority shall not regulate the placement, construction or modification of
telecommunications towers, antennas and personal wireless service facilities on the
basis of the environmental effects of radio frequency emissions to the extent that
such facilities comply with the FCC regulations for such emissions; such regulation
by the SPGA would be in violation of FCC provisions.
Section 4: Changing of Zoning District Designation of Parcels
1. The zoning of the parcels listed below is hereby changed from the Existing Zoning
District to the New Zoning District as shown below:
Existing New
Tax Parcel Zoning Zoning
Number Property Address District District
Michael and Anell Smith
6157-01-008835 47 Marlorville;Road 47 Marlorville Road R-40/80 R-15
Wappingers Falls, NY 12590
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John Malendes and Eleanor Philipson-
Mclean
6057-02-996842 49 Marlorville Road R-40/80 R-15
49 Marlorville Road
Wappingers Falls, NY 12590
Alexander Reese
6057-02-987852 Marlorville Road P.O. Box 230 R-40/80 R-15
Hughsonville, NY 12537
Obercreek, P L
6057-02-959870 Marlorville Road P.O. Box 220 R-40/80 R-15
Hughsonville, NY 12537
Obercreek, P L
6057-02-948875 63 Marlorville Road P.O. Box 220 R-40/80 R-15
Hughsonville, NY 12537
Ernst Martin, Jr. and Paula Martin
6057-02-960903 68 Marlorville Road P.O. Box 553 R-40/80 R-15
Hughsonville, NY 12537
Consuelo Adler
6057-02-965893 66 Marlorville Road 66 Marlorville Road R-40/80 R-15
Wappingers Falls, NY 12590
Cheryl Hait
6057-02-973912 15 Hamilton Road 15 Hamilton Road R-40/80 R-15
Wappingers Falls, NY 12590
Debra Gallo and Leslie Leutwiler
6057-02-976892 64 Marlorville Road 64 Marlorville Road R-40/80 R-15
Wappingers Falls, NY 12590
Donald Brooke, Sr.
6057-02-977884 62 Marlorville Road 62 Marlorville Road R-40/80 R-15
Wappingers Falls, NY 12590
Kaichuan Liu and Yinling Zhang
6057-02-989893 9 Hamilton Road 9 Hamilton Road R-40/80 R-15
Wappingers Falls, NY 12590
Bonnie Bogardus
6057-02-991875 58 Marlorville Road 58 Marlorville Road R-40/80 R-15
Wappingers Falls, NY 12590
Obercreek, P L
6157-01-010860 Hamilton Road P.O. Box 220 R-40/80 R-15
Hughsonville, NY 12537
Edward and James Collins
6157-01-032872 2 Hamilton Road 2 Edgewater Drive R-40/80 R-15
Poughkeepsie, NY 12603
Steven and Jean Van Tassel
6157-01-027880 4 Hamilton Road 4 Hamilton Road R-40/80 R-15
Wappingers Falls, NY 12590
John and Kristy Detweiler
6157-01-017891 6 Hamilton Road 6 Hamilton Road R-40/80 R-15
Wappingers Falls, NY 12590
Traci Tullius and Jason Head
6157-01-002908 10 Hamilton Road 10 Hamilton Road R-40/80 R-15
Wappingers Falls, NY 12590
William Staib
6057-02-995914 12 Hamilton Road 12 Hamilton Road R-40/80 R-15
Wappingers Falls, NY 12590
Peter and Heather McGowan
6057-02-989923 14 Hamilton Road 14 Hamilton Road R-40/80 R-15
Wappingers Falls, NY 12590
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Charles and Joan Goldman
6057-02-997933 15 Connor Road 15 Connor Road R-40/80 R-15
Wappingers Falls, NY 12590
Brian Barnes
6157-01-003924 13 Connor Road 13 Connor Road R-40/80 R-15
Wappingers Falls, NY 12590
Kevin Birch
6157-01-013914 9 Connor Road 9 Connor Road R-40/80 R-15
Wappingers Falls, NY 12590
Carol Dickson
6157-01-025901 7 Connor Road 7 Connor Road R-40/80 R-15
Wappingers Falls, NY 12590
Carol Dickson
6157-01-035890 7 Connor Road 7 Connor Road R-40/80 R-15
Wappingers Falls, NY 12590
Edward and James Collins
6157-01-042884 Connor Road 2 Edgewater Drive R-40/80 R-15
Poughkeepsie, NY 12603
Malcolm, Ann, Cheryl and Paul Hait; Gail
Scotto; Susan Hamilton
6157-01-048902 2 Connor Road R-40/80 R-15
2 Connor Road
Wappingers Falls, NY 12590
James Mathiasen
6157-01-038921 8 Connor Road 8 Connor Road R-40/80 R-15
Wappingers Falls, NY 12590
Kim Merendino
6157-01-017936 10 Connor Road 10 Connor Road R-40/80 R-15
Wappingers Falls, NY 12590
2. The zoning of the parcels listed below is hereby changed from the Existing Zoning
District to the New Zoning District as shown below:
Existing New
Tax Parcel Zoning Zoning
Number Property Address and Address District District
William T. Minard
6157-04-632059 19 Osborne Hill Road 19 Osborne Hill Road HD HB
Wappingers Falls, NY 12590
Osborne Plaza LLC
6157-04-649068 1147 Route 9 1020 Wolcott Avenue HD HB
Beacon, NY 12508
TEG Federal Credit Union
6157-04-658054 1145 Route 9 2 Commerce Street HD HB
Poughkeepsie, NY 12603
Osborne Plaza LLC
NA Osborne Square Common Area 1020 Wolcott Avenue HD HB
Beacon, NY 12508
Lou Paggiotta, Trustee
6157-04-644025 27 Osborne Hill Road 11 Juniper Hill Road HD HB
Garrison, NY 10524
D J T Realty LLC
6157-04-664039 1127-1131 Route 9 1127 Route 9 HD HB
Wappingers Falls, NY 12590
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Myles P. Dempsey, Sr. Family LLC
6157-04-671026 1123 Route 9 465 Knollwood Road HD HB
White Plains, NY 10603
L P V LLC
6157-04-704073 1136 Route 9 HD HB
Hopewell Junction, NY 12533
Jai K. Jalaj, Roy N. Girija
6157-04-708045 88 Smithtown Road 9 Peter Drive HD HB
Wappingers Falls, NY 12590
Section 5. 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 4 above, as shown on Exhibit A en,
Marlorville Road Area, Town of Wappinger, NY,March 10, 2020 and on Exhibit B entitled,
Rezoning, HD to HB, Route 9 both
attached hereto.
Section 6. Amendments to Chapter 217, Subdivision of Land
1. Section 217-24.A shall be amended to read as follows:
A. Lot and driveway arrangement. The lot arrangement shall be such that there will be
no foreseeable difficulty, for reason of topography or other conditions, in securing
building permits to build on all lots in compliance with the Zoning chapter and the
County Health Department regulations and in providing driveway access to buildings
on such lots from an approved street in compliance with the driveway requirements
of the Zoning chapter and the Town Highway Specifications. Each such lot shall
constitute a good dwelling site taking full advantage of topography, sunlight and solar
access. The lot on which a one-family or two-family dwelling is located shall have a
maximum of one driveway curb cut.
Section 7. Amendments to Chapter 145, Go-Carts
Section 145-3 shall be amended to read as follows:
§ 145-3 Applicability of provisions.
This chapter shall apply to the operation of go-carts on all lands, public or private, within the
town except upon a public highway. The use of go-carts shall also be subject to the provisions
of Chapter 240 of this code. Where the provisions of this chapter and those of Chapter 240
may be in conflict, such as with regard to hours of operation, the more restrictive provisions
shall govern.
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Section 8. Amendments to Chapter 122, Fees and Fines
1. Section 122-15 shall be amended to read as follows:
§ 122-15 Applicability.
The fees set forth in this article shall apply to the provisions of all local laws, ordinances,
regulations and resolutions adopted by the Town of Wappinger and shall supersede any
specific fee contained or referred to in such laws, ordinances, regulations or resolutions which
have been adopted prior to the date of this article. References to section numbers (denoted
by the "§" symbol) within § 122-16 of this article refer to sections of the Code of the Town of
Wappinger from which the particular fee in question is derived. If no section number is
indicated for a particular fee, that fee was enacted at the time of adoption of this article by
local law. Fees relating specifically to an application or a portion(s) of an application for the
approval and/or installation of handicap facilities shall be waived upon receipt by the Town
of adequate documentation from a doctor regarding the disability involved. Except for the
escrow funds in § 122-16.N(7) herein, all fees are nonrefundable. Unused monies, if any, in
the escrow funds are refundable.
Section 9. Ratification, Readoption and Confirmation
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
and effect and is otherwise ratified, readopted and confirmed.
Section 10. 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 by the Codifier to accomplish such intention; that
for codification; and that any
such rearranging of the numbering and editing shall not affect the validity of this Local Law or the
provisions of the Code affected thereby.
Section 11. 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
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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 12. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule Law.
Attachment: Exhibits A and B (Proposed Zoning Maps)
g:\\data\\documents\\docs2\\500\\wappinger\\code amendments 2020\\misc code ll 5-29-20.dhs.docx
Attachment: misc code LL 5-29-20.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap
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10.1.b
State Environmental Quality Review Act
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Date: _____________, 2020
Name of Action: The Adoption of a Local Law Amending Chapter 240, Zoning, Chapter 217,
Subdivision of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines, of the Town Code
with Respect to a Variety of Matters.
Implementing Regulations: This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law.
Determination: The Wappinger Town Board, as Lead Agency, has determined that the Proposed
Action described below will not have a significant adverse effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
SEQRA Status: Type I Action
Conditioned Negative Declaration: No
Description of Action: The Proposed Action is the adoption of a Local Law amending Chapter 240,
Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines,
of the Town Code with respect to a variety of matters.
Location: Town of Wappinger, Dutchess County
Reasons Supporting This Determination: The proposed amendments to the Wappinger Town
Code do not involve any direct physical changes to the environment. The proposed amendments will
not result in the various chapters being less environmentally restrictive than the current regulations.
All of the proposed amendments to the Town Code involve a modification of standards intended to
benefit and protect the environment rather than to adversely impact the environment.
The Proposed Action is not expected to result in any significant adverse impacts on the
environment. More specifically:
1. The Proposed Action does not directly involve construction on, or physical alteration of, any
properties.
Attachment: misc code LL neg dec.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap
Packet Pg. 45
10.1.b
2. The Proposed Action will not have a significant adverse environmental impact with respect
to any unique or unusual land forms.
3. The Proposed Action will not have a significant adverse environmental impact on any
wetlands or other surface water bodies.
4. The Proposed Action will not have a significant adverse environmental impact with respect
to new or additional use of ground water, and will not have a significant adverse
environmental impact with respect to the introduction of contaminants to ground water or an
aquifer.
5. The Proposed Action will not have a significant adverse environmental impact with respect
to the development of lands subject to flooding.
6. The Proposed Action will not have a significant adverse environmental impact on any State
regulated air emission source.
7. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of flora or fauna.
8. The Proposed Action will not have a significant adverse environmental impact on
agricultural resources.
9. The Proposed Action will not have a significant adverse environmental impact on any
scenic or aesthetic resources.
10. The Proposed Action will not have a significant adverse environmental impact on any
historic or archaeological resources.
11. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of recreational opportunities or with respect to a reduction of an open space
resource as designated in any adopted municipal open space plan.
12. The Proposed Action will not have a significant adverse environmental impact on a Critical
Environmental Area (CEA).
13. The Proposed Action will not have a significant adverse environmental impact on existing
transportation systems.
14. The Proposed Action will not have a significant adverse environmental impact as a result of
an increase in the use of any form of energy.
Attachment: misc code LL neg dec.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap
2
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10.1.b
15. The Proposed Action will not have a significant adverse environmental impact as a result of
an increase in noise, odors or outdoor lighting.
16. The Proposed Action will not have a significant adverse environmental impact on human
health from exposure to new or existing sources of contaminants.
17. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with adopted land use plans.
18. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with the existing community character.
20. The Proposed Action will not have a significant adverse environmental impact on the
supply of housing in the Town.
Conclusion: Based upon this information and the information in the Full Environmental
Assessment Form, the Town Board finds that the adoption of the Local Law will not have any
significant adverse impacts upon the environment. This Negative Declaration indicates that no
environmental impact statement need be prepared and that the SEQRA process is complete.
Lead Agency: Town of Wappinger Town Board
Wappinger Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
Contact Person: Dr. Richard L. Thurston, Town Supervisor
Wappinger Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
(845) 297-2744
Filing and Publication:
This Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the
Town of Wappinger Town Clerk. Further, this Negative Declaration shall be emailed to
enb@dec.ny.gov for publication in the Environmental Notice Bulletin.
j:\\docs2\\500\\wappinger\\code amendments 2020\\misc code LL neg dec.dhs.docx
Attachment: misc code LL neg dec.dhs (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap
3
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10.1.c
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Packet Pg. 48
10.1.c
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Packet Pg. 49
10.1.c
ToDate #pgs
Dutchess County Department of
Co./Dept.From
Only
Planning and Development
Fax Info
Fax #Phone #
239 Planning/Zoning Referral - Exemption Communities
Municipality:Town of Wappinger
Referring Agency: Municipal Board
Tax Parcel Numbers(s): 0088350000, 9968420000, 9878520000, 9598700000, 9488750000, 9609030000, 9658930000,
9739120000, 9768920000, 9778840000, 9898930000, 9918750000, 0108600000, 0328720000, 0278800000, 0178910000...
Project Name: Local law 2 of 2020 - several code changes and rezonings
Applicant:Town of Wappinger
Address of Property:
Exempt Actions:*Actions Requiring 239 Review
Parcels within 500 feet of:
239 Review is NOT Required
Comprehensive/Master Plans
State Road:
Administrative Amendments (fees,
Zoning Amendments (standards, uses,
procedures, penalties, etc.)
County Road:
definitions, district regulations, etc.)
Special Permits for residential uses
Rezonings involving all map changes
State Property (with recreation area
(accessory apts, home occupations,
or public building)
etc.)
Site Plans (all)
County Property (with recreation
Use Variances for residential uses
area or public building)
Special Permits for all non-residential uses
Please Fill in this section
Area Variances for residential uses
Municipal Boundary
Use Variances for all non-residential uses
Renewals/Extension of Site Plans or
Farm operation in an Agricultural
Special Permits that have no changes
District
Area Variances for all non-residential uses
from previous approvals
No Authority to review these Actions
Other Local Laws associated with zoning
Subdivisions / Lot Line Adjustments
(wetlands, historic preservation, affordable
housing, architectural review, etc.)
Interpretations
Other (Describe):
Exempt Action submitted for informal
review
Date Response Requested: 7/8/2020
Entered By: Tuttle, Dylan
*These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.*
For County Office Use Only
Response From Dutchess County Department of Planning and Development
No Comments:Comments Attached:
Matter of Local ConcernLocal Concern with Comments
No JurisdictionConditional
No AuthorityDenial
WithdrawnIncomplete with Comments- municipality must resubmit to County
Informal Comments Only (Action Exempt from 239 Review)
Incomplete - municipality must resubmit to County
Exempt from 239 Review
None
Date Submitted:6/15/2020
Notes:
Major Project
Date Received:6/18/2020
Referral #: ZR20-142
Date Requested:7/8/2020
Date Required:7/15/2020
Also mailed
Reviewer:
hard copy
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Date Transmitted:7/9/2020
Date Printed: 7/9/2020
Packet Pg. 50
10.2.a
NEW YORK STATE DEPARTMENT OF STATE Draft: 5-25-20
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. 3 of the year 2020
A local law mending Chapter 240, Zoning, of the
Town Code with Respect to Outdoor Seating for Existing Food Service
Establishments
Be it enacted by the TOWN BOARD of the
Town of WAPPINGER as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
Packet Pg. 51
10.2.a
LOCAL LAW No. 3 OF THE YEAR 2020
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This 3 of 2020, for the purpose of amending
Chapter 240, Zoning, of the Town Code with Respect to Outdoor Seating for Existing Food Service
Establishments
Section 2: Legislative Intent
The Town Board believes that it is reasonable and appropriate, especially during the COVID-19
pandemic, to update and improve Chapter 240, Zoning, of the Town Code with respect to outdoor
seating for existing food service establishments. 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.
Section 3: Amendments to Chapter 240, Zoning
1. Existing Section 240-36.2 of Chapter 240, Zoning, of the Town of Wappinger Code
and shall be amended to read as follows:
§ Outdoor seating for existing food service establishments.
A. Purpose. It is the purpose of this section to establish the circumstances and
conditions pursuant to which existing restaurants or other food service
establishments shall be authorized to provide outdoor tables and seating
(hereinafter "outdoor seating") for patron use on the same parcel on which the
establishment is located. Outdoor seating or "al fresco dining" has become very
popular in this community, and indeed in this country. Consequently, in recent
years, the Town's Zoning and Building Departments have received numerous
requests from existing restaurants and other food service establishments to permit
outdoor seating. In some instances, many of these establishments have simply
placed tables and outdoor seating adjacent to their establishments without obtaining
requisite zoning approvals as required by the Town Zoning Code. It is the intention
of this section to specifically identify the criteria, standards and conditions pursuant
to which an existing restaurant or other food service establishment may obtain
permission for placement of outdoor tables and seating for patron use. Subject to
the following provisions, authorization for outdoor seating for 16 or fewer patrons
may be approved by the Zoning Administrator upon concurrence and review of the
Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
proposed seating by the Town's Fire Inspector or similar such official. Except as
provided in this section, all other requests for outdoor seating shall require site
development plan approval pursuant to Article IX of the Town's Zoning Code.
2
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10.2.a
B. Requirements. The Zoning Administrator, upon review and approval of the Town's
Fire Inspector or similar such official, is hereby authorized to approve outdoor
seating for 16 or fewer patrons on the same lot as the restaurant or other food
service establishment on the following conditions:
(1) The request for authorization for such outdoor seating shall be made in
writing and signed by the owner of the restaurant or other food service
establishment and shall contain a scaled drawing of the location and
placement of the proposed outdoor seating, service area(s), pedestrian
routing, outdoor lighting, ingress and egress, landscaping, barriers for
protection as per subsection (11) below, and any weather protection such
as a tent which may be proposed.
(2) The proposed outdoor seating shall be for 16 or fewer patrons;
(3) The outdoor seating shall be placed/located on the same lot as the
restaurant or other food service establishment, and such outdoor seating
shall be located adjacent to the restaurant or other food service
establishment, but shall not be located within parking areas;
(4) The scaled drawing shall be reviewed by the Town's Fire Inspector or
similar such official for determination of compliance with the New York State
Uniform Code or the New York State Fire Code for compliance with safety
provisions;
(5) The outdoor seating shall only be permitted on sidewalks, pavement,
landscaped areas, or other areas consisting of natural materials providing a
level, stable base for such outdoor seating;
(6) Such outdoor seating shall be prohibited on platforms;
(7) Such outdoor seating, and any related appurtenances such as tables,
chairs, umbrellas, planters, dividers, and related outdoor ornaments, shall
be placed and/or located so as to create at least three feet of unimpeded
pedestrian sidewalk clearance, shall not be placed/located in parking areas
and shall be placed/located so as not to obstruct doorways or means of
ingress and egress or otherwise impede or obstruct designated fire lanes;
(8) All food and beverages served by the restaurant or other food service
establishments shall be sold and dispensed from the interior of the
Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
establishment and a certificate from the Dutchess County Department of
Health which authorizes outdoor dining shall be submitted to the Town's
Zoning Administrator prior to issuance of any certificate of occupancy or
3
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10.2.a
certificate of compliance as hereinafter provided. In the event the
establishment is licensed to serve alcoholic beverages, the establishment
shall be required to obtain all applicable approvals from the New York State
Liquor Authority and/or the New York State Alcoholic Beverage Control
Board (SLA and ABC), and proof of such approvals shall also be submitted
to the Town's Zoning Administrator prior to issuance of any certificate of
occupancy or certificate of compliance;
(9) The Zoning Administrator is expressly prohibited from authorizing any
outdoor music or sound amplification in connection with any approval for
outdoor seating under this section;
(10) Upon review and approval by the Zoning Administrator and the Town Fire
Inspector as stated above, the Town's Code Enforcement Officials shall be
then authorized to issue a building permit for such outdoor seating, and
upon verification of construction compliance with the conditions of approval,
a certificate of occupancy and/or certificate of compliance shall be issued to
authorize such outdoor seating.
(11) If such outdoor seating is proposed within 10 feet of any existing or
proposed roadway, driveway or parking area, substantial concrete or
equivalent safety barriers shall be provided between the vehicular
element(s) and such outdoor seating.
(12) The applicant shall provide evidence of insurance for the establishment
which includes the outdoor dining.
C. Violations. The failure to cure a violation of any permit condition or requirement of
this section within 5 days of the issuance of a notice to cure shall subject the
permittee to a fine of $300, provided however that if the violation is one which may
imminently endanger the public health, safety or welfare, 5 days notice to cure shall
not be required.
D. Consultation. In determining the criteria and conditions required for the issuance of each
permit the Zoning Administrator may consult with Town departments and staff, including but
not limited to the Highway Department, Fire Inspector, Building Inspector, Town Engineer
and Town Planner, as well as County, State and Federal agencies.
E. Other requirements. The holders of permits for outside seating are subject to and
responsible for compliance with all local, County, State and Federal codes, laws,
rules, regulations, and Executive Orders and Guidance, including but not limited to
Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
those of the Governor, the New York State Liquor Authority, Dutchess County and
the New York State Department of State.
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10.2.a
F. Any proposed outdoor seating which does not comply with the requirements of this
section shall be subject to the review and approval of the Planning Board, as
applicable.
2. A new Section 240-36.5 shall be added to Chapter 240, Zoning, of the Town of
Wappinger Code and shall read as follows:
§ 240-36.5 Temporary outdoor seating for existing food service establishments
during the COVID-19 pandemic.
A. Purpose. Section 240-36.2 of this chapter regulates outdoor seating for existing
food service establishments. In response to the COVID-19 crisis, the following
temporary regulations are adopted in an effort to reduce the health and economic
impacts of the crisis on Town residents, visitors, food service employees and
existing food service establishments by encouraging social distancing and the
support of local businesses. The temporary outdoor dining areas, as permitted
pursuant to these regulations, are intended to provide additional seating space for
restaurants whose internal seating capacity has been eliminated or reduced by
social distancing requirements associated with the COVID-19 pandemic. These
regulations are a temporary expansion §240-36.2 during the COVID-19 pandemic.
Temporary outdoor dining applications under these regulations are exempt from
site development plan and special use permit approval as required elsewhere in
this chapter. Instead, such permits shall be reviewed by the Town Zoning
Administrator pursuant to the requirements below.
B. Issuance of temporary permit and conditions.
(1) Temporary use permits for outdoor seating for existing food service
establishments may be issued hereunder by the Town Zoning
Administrator upon concurrence with the Town Fire Inspector or such
similar official, and temporary certificates of occupancy or compliance may
be issued by the Building Department after an inspection of the facilities.
(2) Said permits and certificates will be effective through October 30, 2020, or
such other date as the Town Board may hereafter designate. Further, all
seating so approved shall cease and desist upon said date, and the
applicant shall have 30 days from said date to remove all evidence of the
temporary outdoor seating area and restore said area to its prior condition.
The applicant shall submit a performance guarantee in the amount of
$5,000 to ensure such restoration.
Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
(3) Temporary outdoor seating for existing food service establishments during
COVID-19 pandemic shall comply with and are subject to the provisions of
§240-36.2 of this chapter. Notwithstanding the above, the Zoning
5
Packet Pg. 55
10.2.a
Administrator may allow seating for up to ___ patrons; further, under limited
circumstances where the maintenance of public health, safety and welfare
can be clearly demonstrated, the Zoning Administrator may allow seating
and walkways to be within a parking area, subject to the protection of such
by means of the appropriate placement of substantial concrete or
equivalent safety barriers between such seating, walkways and vehicles. In
addition, the Zoning Administrator may require compliance with such other
criteria and conditions as said official determines to be reasonably
necessary to further the stated goals of advancing public health, safety and
welfare.
(4) The permitted hours of operation of the outdoor dining facility shall be 7:00 a.m. to
11:00 p.m. provided, however, that the Zoning Administrator may require reduced
hours of operation in order to avoid neighborhood disturbance.
D. Submissions. The applicant shall submit:
(1) The scaled drawing submitted by the applicant shall show compliance with all
applicable COVID-19 requirements for social distancing and otherwise, for all
interior and exterior seating areas in the restaurant and any bar area, including
proposed pedestrian routing.
(2) An application fee for temporary outdoor seating for an existing food service
establishment during the COVID-19 pandemic shall be submitted in the same
amount as the application fee for outdoor seating absent the pandemic.
E. Any proposed outdoor seating for an existing food service establishment during
the COVID-19 pandemic which does not comply with the requirements of this
section shall be subject to the review and approval of the Planning Board, as
applicable.
Section 4: Ratification, Readoption and Confirmation
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
and effect and is otherwise ratified, readopted and confirmed.
Section 5: 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-
Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
sections of 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
6
Packet Pg. 56
10.2.a
codification; and that any such rearranging of the numbering and editing shall not affect the validity
of this Local Law or the provisions of the Code affected thereby.
Section 6: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or
impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this
Local Law or their 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 7: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule Law.
Macintosh HD:Users:davidstolman:Desktop:temp outdoor dining LL.dhs.docx
Attachment: temp outdoor dining LL.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
7
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10.2.b
State Environmental Quality Review Act
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Date: _____________, 2020
Name of Action: The Adoption of a Local Law Amending Chapter 240, Zoning, of the Town Code
with Respect to a Outdoor Seating.
Implementing Regulations: This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law.
Determination: The Wappinger Town Board, as Lead Agency, has determined that the Proposed
Action described below will not have a significant adverse effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
SEQRA Status: Type I Action
Conditioned Negative Declaration: No
Description of Action: The Proposed Action is the adoption of a Local Law amending Chapter 240,
Zoning, of the Town Code with respect to outdoor seating for existing food service establishments.
Location: Town of Wappinger, Dutchess County
Reasons Supporting This Determination: The subject zoning amendments are being proposed in
response to the COVID-19 pandemic in an effort to ensure that the Town remains healthy and vital.
The zoning amendments do not involve any direct physical changes to the environment. The
proposed amendments will not result in any zoning being less environmentally restrictive than the
current regulations.
The Proposed Action is not expected to result in any significant adverse impacts on the
environment. More specifically:
1. The Proposed Action does not directly involve construction on, or physical alteration of, any
properties.
Attachment: outdoor dining LL neg dec.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
2. The Proposed Action will not have a significant adverse environmental impact with respect
to any unique or unusual land forms.
Packet Pg. 58
10.2.b
3. The Proposed Action will not have a significant adverse environmental impact on any
wetlands or other surface water bodies.
4. The Proposed Action will not have a significant adverse environmental impact with respect
to new or additional use of ground water, and will not have a significant adverse
environmental impact with respect to the introduction of contaminants to ground water or an
aquifer.
5. The Proposed Action will not have a significant adverse environmental impact with respect
to the development of lands subject to flooding.
6. The Proposed Action will not have a significant adverse environmental impact on any State
regulated air emission source.
7. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of flora or fauna.
8. The Proposed Action will not have a significant adverse environmental impact on
agricultural resources.
9. The Proposed Action will not have a significant adverse environmental impact on any
scenic or aesthetic resources.
10. The Proposed Action will not have a significant adverse environmental impact on any
historic or archaeological resources.
11. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of recreational opportunities or with respect to a reduction of an open space
resource as designated in any adopted municipal open space plan.
12. The Proposed Action will not have a significant adverse environmental impact on a Critical
Environmental Area (CEA).
13. The Proposed Action will not have a significant adverse environmental impact on existing
transportation systems.
14. The Proposed Action will not have a significant adverse environmental impact as a result of
an increase in the use of any form of energy.
15. The Proposed Action will not have a significant adverse environmental impact as a result of
Attachment: outdoor dining LL neg dec.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
an increase in noise, odors or outdoor lighting.
2
Packet Pg. 59
10.2.b
16. The Proposed Action will not have a significant adverse environmental impact on human
health from exposure to new or existing sources of contaminants.
17. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with adopted land use plans.
18. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with the existing community character.
20. The Proposed Action will not have a significant adverse environmental impact on the
supply of housing in the Town.
Conclusion: Based upon this information and the information in the Full Environmental
Assessment Form, the Town Board finds that the adoption of the Local Law will not have any
significant adverse impacts upon the environment. This Negative Declaration indicates that no
environmental impact statement need be prepared and that the SEQRA process is complete.
Lead Agency: Town of Wappinger Town Board
Wappinger Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
Contact Person: Dr. Richard L. Thurston, Town Supervisor
Wappinger Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
(845) 297-2744
Filing and Publication:
This Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the
Town of Wappinger Town Clerk. Further, this Negative Declaration shall be emailed to
enb@dec.ny.gov for publication in the Environmental Notice Bulletin.
j:\\docs2\\500\\wappinger\\code amendments 2020\\outdoor dining LL neg dec.dhs.docx
Attachment: outdoor dining LL neg dec.dhs (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
3
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10.2.c
Attachment: ZR20-163 (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
Packet Pg. 61
10.2.c
ToDate #pgs
Dutchess County Department of
Co./Dept.From
Only
Planning and Development
Fax Info
Fax #Phone #
239 Planning/Zoning Referral - Exemption Communities
Municipality:Town of Wappinger
Referring Agency: Municipal Board
Tax Parcel Numbers(s): #Error
Project Name: Local Law #3 of 2020 - Outdoor Seating
Applicant:Town of Wappinger
Address of Property:
Exempt Actions:*Actions Requiring 239 Review
Parcels within 500 feet of:
239 Review is NOT Required
Comprehensive/Master Plans
State Road:
Administrative Amendments (fees,
Zoning Amendments (standards, uses,
procedures, penalties, etc.)
County Road:
definitions, district regulations, etc.)
Special Permits for residential uses
Rezonings involving all map changes
State Property (with recreation area
(accessory apts, home occupations,
or public building)
etc.)
Site Plans (all)
County Property (with recreation
Use Variances for residential uses
area or public building)
Special Permits for all non-residential uses
Area Variances for residential uses
Please Fill in this section
Municipal Boundary
Use Variances for all non-residential uses
Renewals/Extension of Site Plans or
Farm operation in an Agricultural
Special Permits that have no changes
District
Area Variances for all non-residential uses
from previous approvals
No Authority to review these Actions
Other Local Laws associated with zoning
Subdivisions / Lot Line Adjustments
(wetlands, historic preservation, affordable
housing, architectural review, etc.)
Interpretations
Other (Describe):
Exempt Action submitted for informal
review
Date Response Requested: 7/8/2020
Entered By: Tuttle, Dylan
*These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.*
For County Office Use Only
Response From Dutchess County Department of Planning and Development
No Comments:Comments Attached:
Matter of Local ConcernLocal Concern with Comments
No JurisdictionConditional
No AuthorityDenial
WithdrawnIncomplete with Comments- municipality must resubmit to County
Informal Comments Only (Action Exempt from 239 Review)
Incomplete - municipality must resubmit to County
Exempt from 239 Review
None
Attachment: ZR20-163 (RES-2020-127 : Adopting Local Law No. 2 Amend Chap. 240 Outdoor Seating)
Date Submitted:6/29/2020
Notes:
Major Project
Date Received:6/29/2020
Referral #: ZR20-163
Date Requested:7/8/2020
Date Required:7/29/2020
Also mailed
Reviewer:
hard copy
Date Transmitted:7/9/2020
Date Printed: 7/9/2020
Packet Pg. 62
10.3.a
Attachment: Stipulation & Order - Churgin (RES-2020-128 : Authorizing The Settlement Of Tax Certiorari Proceedings Executive Square
Packet Pg. 63
10.3.a
Attachment: Stipulation & Order - Churgin (RES-2020-128 : Authorizing The Settlement Of Tax Certiorari Proceedings Executive Square
Packet Pg. 64
10.3.a
Attachment: Stipulation & Order - Churgin (RES-2020-128 : Authorizing The Settlement Of Tax Certiorari Proceedings Executive Square
Packet Pg. 65
10.3.a
Attachment: Stipulation & Order - Churgin (RES-2020-128 : Authorizing The Settlement Of Tax Certiorari Proceedings Executive Square
Packet Pg. 66
10.3.a
Attachment: Stipulation & Order - Churgin (RES-2020-128 : Authorizing The Settlement Of Tax Certiorari Proceedings Executive Square
Packet Pg. 67
10.3.a
Attachment: Stipulation & Order - Churgin (RES-2020-128 : Authorizing The Settlement Of Tax Certiorari Proceedings Executive Square
Packet Pg. 68
10.5.a
Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
Packet Pg. 69
10.5.a
Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
10.5.a
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10.5.a
Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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10.5.a
Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
Packet Pg. 85
10.5.a
Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
Packet Pg. 86
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
Packet Pg. 88
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
Packet Pg. 89
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Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal
Packet Pg. 90
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!5!pg!24!
Packet Pg. 94
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!8!pg!24!
Packet Pg. 97
10.5.b
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!9!pg!24!
Packet Pg. 98
10.5.b
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!:!pg!24!
Packet Pg. 99
10.5.b
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!21!pg!24!
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!22!pg!24!
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!23!pg!24!
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
Qbhf!24!pg!24!
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
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Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For
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3
10.5.c
VILLAGE OF WAPPINGERS FALLS
Village Board of Trustees
Hon. Matt Alexander, Mayor
2582 South Avenue, Wappingers Falls, NY 12590
Phone: (845)297-8773 fax: (845)298-2645
e-mail: mayor@wappingersfallsny.gov
www.wappingersfallsny.gov
Date: July 9, 2020
To: Town Supervisor Richard Thurston **via email**
Town of Wappinger Town Board
20 Middlebush Road
Wappingers Falls, New York 12590
Rthurston@townofwappingerny.gov
Re.: SEQR Lead Agency Coordination Request
Village of Wappingers Falls CWSRF and DWSRF Project 2020 Update
In Preparation for Contract 5
The Village of Wappingers Falls Village Board of Trustees is serving as Applicant for the above referenced
project. The Village Board of Trustees has made a preliminary determination that it is the most appropriate agency to
conduct the State Environmental Quality Review (SEQR) of this project since the anticipated impacts are of
primarily local significance. Your agency has been identified as an Involved Agency with approval authority.
Enclosed please find a copy of the Environmental Assessment Form and SEQR Narrative for project information.
Upon receipt, please check all boxes below that apply, sign, and return this letter to
the Village Engineer by email.
The Village Board of Trustees understands that 30-days are allotted for response, however, expedited response is
needed to comply with required timeline in preparation for finance closing. The Village
requests receipt of a response from your office as soon as possible, by or before July
21, 2020.
To expedite, please email response to the Village Engineer, KC Engineer and Land
Surveying, P.C. Attention Nancy Clark, nclark@kcepc.com.
We consent to the Village of Wappingers Falls Village Board of Trustees serving as Lead Agency on this
application.
We do not consent to the Village of Wappingers Falls Village Board of Trustees serving as Lead Agency on this
application and wish to contest lead agency designation under the procedures found in 6 NYCRR 617.6(b).
Our agency's jurisdiction on this application is as follows:
Potential issues of concern are as follows:
Please provide any additional comments on the reverse side of this letter.
If you have any questions, please contact the Village Engineer, KC Engineering and Land Surveying, P.C.,
Attachment: 2020-07-09 T Wappinger Board-Lead Agency Circulation Prep for Contract 5 (RES-2020-130 : Authorizing Application For Grants
Attention Nancy Clark. Thank you for your prompt attention to this matter.
Contact Persons: Nancy A. Clark, P.E., Vice President, KC Engineering & Land Surveying, P.C. (845) 228-3882
Corey Usavich, Grant Writer, Village of Wappingers Falls, (845) 297-8773
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13.1.a
MONTCLAIR TOWN HOUSES
Alpine Drive
Town of Wappinger, Dutchess County, New York
TEMPORARY WATER SUPPLY
PWS # 1303225
July 2, 2020
Rev July 6, 2020
This report is in response to a request by Daniel Keeler, P.E. from DC EHS at a site meeting on
June 30, 2020. The meeting was to discuss the water supply situation.
I.Situation
There are issues with the water supply system. Currently the well system cannot supply
enough water for the demand. Water is being truck in to provide adequate potable water.
Water use restriction notices have sent to all of the residents.
There are various issues with the wellsystem equipmentthat cannot be immediately
resolved.
II.Immediate Steps
Proposed is an emergency water solution through a temporary connection to the Town of
Wappinger United Water District system. This connection would provide enough water to
reduce or eliminate the need to truck in water while a repairs or a permanent connection can
be completed.
The temporary connection would be a connection to an existing hydrant onAmherst Lane
which serves the subdivision to the west of the Montclair development. Extend a temporary
water pipe overland through town property to Well #5 on the Montclair property. From Well
#5 the town water will use the existingWell #5 raw pipe to carry water to the existing
treatment plant and storage tanks.The pressure in the Montclair system is probably higher
than the town system. Therefore, the temporary water pipe cannot be connected directly into
the Montclair water distribution system.
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The town water contractor, CAMO will set up the connection at the hydrant by installing a
RPZ and water meter for a 2” water line. Montclair will hire a contractorto run a 2” PE
water pipe overland across town property and cross onto Montclair property behind Building
19(500 lf +/-)
Option 1: down the western property linebehind Building 20,turn northeastbehind
Buildings 26 and 27, behind the pool and the pool drive to Building 7. Behind Building 7 to
Alpine Drive, along AlpineDrive to Well 5.(2200 lf +/-)
Option 2:along the northernproperty line behind Buildings11 through 19,then along Alpine
Drive. Crossing Alpine Drive at about the access drive to the pool, at the old pavement.
Behind Building 7 to Alpine Drive, along Alpine Drive to Well 5.(1900 lf +/-involves road
crossing)
The temporary pipe is to be protected by covering it with clay or clay loam.
At Well 5, the temporary pipe will connect to the raw line from Well 5. Well 5 does not have
a pump.
If the existing raw water pipe can be accessed, the temporary pipe will be connected directly
to the raw line. A solenoid valve will be installed on the temporary pipe to shut off when the
storage tanks are full.The sensor will be added to the storage system at the treatment
building.
If the raw water pipe cannot be accessed, the temporary pipe will be discharged into the well
and a well pump will be installed in the well. A solenoid valve will be installed on the
temporary pipe to shut off when the storage tanksare full. The control will open the valve
and turn on the pump when water is needed.The sensor will be added to the storage system
at the treatment building
Approval from the Wappinger Town Board is required before Montclair can be temporarily
connected to the United Water Districtand run the temporary pipe across town property. The
next Town Board meeting is July 13.
Attached are sketches and information on the proposed emergency connection.
III.General Description and History (Existing PWS / Water Withdrawal)
The Montclair Townhouse Condominiums is an existing multi-building, multi-family
complex primarily located on the west side of NYS Rte 9 D at Alpine Drive in the Town of
Wappinger, in Dutchess County, New York. The site is approximately 15 miles north of
Interstate 84. The townhouse development was constructed in 1968.
The complex is served by a private waste water treatment plant and a private potable water
treatment system supplied by several wells. The water treatment system is a Community
Public Water Supply ID # 1303225.
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The water system serves 1100 people through 296 service connections.
Currently six production wells (Well 1, Well 2, Well 3, Well 4, Well 5 and Well 6) are
located on the west side of NYS Rte 9D and three productionwells (Well 7, Well 8 and SP1)
located on the east side.The wells have been drilled at various unknown times. The most
recent, Well 8, was drilled in 2002
Wells 2, 3, 6 and 7provide the potable water supply. Well 4 is inactive as it has a high iron
content. Wells 1, 5 and 8 are inactive. Wells 1 and 5 produce very little water. Wells 5 and
8 do not have pumps in them. SP-1 is a separate non-potable well that serves the Wastewater
Treatment Plant is located next to the WWTP on the east side of Rte9D.
IV.Current Issues with Water Supply
On June 17, 2020, the water system operator, JCO, Inc,discovered Wells 6 and 7 were not
producing water and Well 2 pump may not have beenoperating properly.One of the booster
pumps was not operational.The control system for the air compressor was no longer
functional.
On June 18 and 19, Mid-Husdon Pump Co, Inc inspected the pump, pipe and wire. They
discovered thepump motor had a full short, the wires had bare areas where the insulation had
worn. The pipe was clogged with a sulfur bacteria build up.
V.Moving Forward
Make immediate repairs to Well 6, the booster pump and the air compression system
Evaluate Well 7 to determine why it is not producing.
Run the temporary pipe from the Water District’s hydrant.
Evaluate the entire well water supply and treatment system for necessary repairs and
improvements
o Possibility of bringing Well 8 on-line
o Other possible improvements
o Estimate the cost associated with the repairs and improvements.
Evaluate the possibility with connecting permanently to the municipal water supply.
o Route for a larger supply line
o Approval from the Town Board for permanent inclusion in the water district
o Estimate the cost associated with the work and town fees
o Compare to the savings of not requiring a water operation and maintenance of
the well supply and treatment system.
Compare the options of remaining on well water or permanently connecting to
municipal water.
o If connecting to the municipal water system is chosen.
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It will take many months fortown approval to connect to the water
district and for the design and approval of a permanent pipe
connection.
The temporary overland pipe is not suitable for freezing conditions.
A workable temporary well or imported water system may be required
duringthe winter months until a new water line would be operational.
The time tableto lay the temporary pipe and make the connections will take two
weeks after approval is given by the town to start work. The estimated completion
date is July 28, 2020.
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CCESSDRIVELONGACCESS
GATETOAPIPETOGOADRIVE
HYDRANTFORCONNECTION
MHERSTLANE
A
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