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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 Town of Wappinger Page 1 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 2 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 3 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 4 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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: Town of Wappinger Page 5 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 6 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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. Town of Wappinger Page 7 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 8 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 9 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 10 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 11 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 12 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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: Town of Wappinger Page 13 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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. Town of Wappinger Page 14 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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. Town of Wappinger Page 15 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 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 Town of Wappinger Page 16 Printed 8/27/2020 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. Town of Wappinger Page 17 Printed 8/27/2020 Regular MeetingMinutesJuly 13, 2020 Town of Wappinger Page 18 Printed 8/27/2020 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 Town of Wappinger Page 19 Printed 8/27/2020 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. Town of Wappinger Page 20 Printed 8/27/2020 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 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 22 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 23 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 24 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 25 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 26 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 27 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 28 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 29 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 30 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 31 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 32 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 33 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 34 9.8.a Attachment: 2020 Contract with Wapp Little League (RES-2020-134 : Authorizing the Execution of the Agreement between the Wappinger Little Packet Pg. 35 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.) 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 Packet Pg. 36 10.1.a 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: 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 2 Packet Pg. 37 10.1.a 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 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 3 Packet Pg. 38 10.1.a 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 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 4 Packet Pg. 39 10.1.a 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 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 5 Packet Pg. 40 10.1.a 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 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 6 Packet Pg. 41 10.1.a 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. 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 7 Packet Pg. 42 10.1.a 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 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 8 Packet Pg. 43 10.1.a 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 9 Packet Pg. 44 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 Packet Pg. 46 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 Packet Pg. 47 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 Packet Pg. 52 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 Packet Pg. 53 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. 4 Packet Pg. 54 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 Packet Pg. 57 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 Packet Pg. 60 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 Packet Pg. 70 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. 71 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. 72 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. 73 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. 74 Attachment: SEQR Narrative 2020-07-08 VWF CW DW w attach (RES-2020-130 : Authorizing Application For Grants For Intermunicipal 10.5.a Packet Pg. 75 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. 76 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. 77 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. 78 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. 79 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. 80 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. 81 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. 82 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. 83 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. 84 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. 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 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. 87 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. 88 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. 89 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. 90 10.5.b Gvmm!Fowjsponfoubm!Bttfttnfou!Gpsn Qbsu!2!.!Qspkfdu!boe!Tfuujoh! 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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! Packet Pg. 103 10.5.b Uivstebz-!Kvmz!3-!3131!21;35!BN FBG!Nbqqfs!Tvnnbsz!Sfqpsu Uif!FBG!Nbqqfs!jt!b!tdsffojoh!uppm!joufoefe!up!bttjtu! qspkfdu!tqpotpst!boe!sfwjfxjoh!bhfodjft!jo!qsfqbsjoh!bo!fowjsponfoubm! bttfttnfou!gpsn!)FBG*/!Opu!bmm!rvftujpot!btlfe!jo!uif!FBG!bsf! botxfsfe!cz!uif!FBG!Nbqqfs/!Beejujpobm!jogpsnbujpo!po!boz!FBG! rvftujpo!dbo!cf!pcubjofe!cz!dpotvmujoh!uif!FBG!Xpslcpplt/!!Bmuipvhi! uif!FBG!Nbqqfs!qspwjeft!uif!nptu!vq.up.ebuf!ejhjubm!ebub!bwbjmbcmf!up! EFD-!zpv!nbz!bmtp!offe!up!dpoubdu!mpdbm!ps!puifs!ebub!tpvsdft!jo!psefs! up!pcubjo!ebub!opu!qspwjefe!cz!uif!Nbqqfs/!Ejhjubm!ebub!jt!opu!b! tvctujuvuf!gps!bhfodz!efufsnjobujpot/ C/j/j!\\Dpbtubm!ps!Xbufsgspou!Bsfb^Op C/j/jj!\\Mpdbm!Xbufsgspou!Sfwjubmj{bujpo!Bsfb^Op D/3/c/!\\Tqfdjbm!Qmboojoh!Ejtusjdu^Ejhjubm!nbqqjoh!ebub!bsf!opu!bwbjmbcmf!ps!bsf!jodpnqmfuf/!Sfgfs!up!FBG! Xpslcppl/ F/2/i!\\EFD!Tqjmmt!ps!Sfnfejbujpo!Tjuf!.!Ejhjubm!nbqqjoh!ebub!bsf!opu!bwbjmbcmf!ps!bsf!jodpnqmfuf/!Sfgfs!up!FBG! Qpufoujbm!Dpoubnjobujpo!Ijtupsz^Xpslcppl/ F/2/i/j!\\EFD!Tqjmmt!ps!Sfnfejbujpo!Tjuf!.!Ejhjubm!nbqqjoh!ebub!bsf!opu!bwbjmbcmf!ps!bsf!jodpnqmfuf/!Sfgfs!up!FBG! Mjtufe^Xpslcppl/ F/2/i/j!\\EFD!Tqjmmt!ps!Sfnfejbujpo!Tjuf!.!Ejhjubm!nbqqjoh!ebub!bsf!opu!bwbjmbcmf!ps!bsf!jodpnqmfuf/!Sfgfs!up!FBG! Fowjsponfoubm!Tjuf!Sfnfejbujpo!Ebubcbtf^Xpslcppl/ F/2/i/jjj!\\Xjuijo!3-111(!pg!!EFD!Sfnfejbujpo!Op Tjuf^ F/3/h!\\Vojrvf!Hfpmphjd!Gfbuvsft^Op F/3/i/j!\\Tvsgbdf!Xbufs!Gfbuvsft^Op F/3/i/jj!!\\Tvsgbdf!Xbufs!Gfbuvsft^Zft F/3/i/jjj!\\Tvsgbdf!Xbufs!Gfbuvsft^Zft!.!Ejhjubm!nbqqjoh!jogpsnbujpo!po!mpdbm!boe!gfefsbm!xfumboet!boe! xbufscpejft!jt!lopxo!up!cf!jodpnqmfuf/!Sfgfs!up!FBG!Xpslcppl/ F/3/i/w!\\Jnqbjsfe!Xbufs!Cpejft^Op F/3/j/!\\Gmppexbz^Op F/3/k/!\\211!Zfbs!Gmppeqmbjo^Zft F/3/l/!\\611!Zfbs!Gmppeqmbjo^Op F/3/m/!\\Brvjgfst^Zft F/3/m/!\\Brvjgfs!Obnft^Qsjodjqbm!Brvjgfs F/3/o/!\\Obuvsbm!Dpnnvojujft^Op F/3/p/!\\Foebohfsfe!ps!Uisfbufofe!Tqfdjft^Zft Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For Packet Pg. 104 Gvmm!Fowjsponfoubm!Bttfttnfou!Gpsn!.!FBG!Nbqqfs!Tvnnbsz!Sfqpsu 2 F/3/p/!\\Foebohfsfe!ps!Uisfbufofe!Tqfdjft!.!Joejbob!Cbu Obnf^ 10.5.b F/3/q/!\\Sbsf!Qmbout!ps!Bojnbmt^Op F/4/b/!\\Bhsjdvmuvsbm!Ejtusjdu^Op F/4/d/!\\Obujpobm!Obuvsbm!Mboenbsl^Op F/4/e!\\Dsjujdbm!Fowjsponfoubm!Bsfb^Op F/4/f/!\\Obujpobm!ps!Tubuf!Sfhjtufs!pg!Ijtupsjd!Ejhjubm!nbqqjoh!ebub!bsf!opu!bwbjmbcmf!ps!bsf!jodpnqmfuf/!Sfgfs!up!FBG! Qmbdft!ps!Tubuf!Fmjhjcmf!Tjuft^Xpslcppl/ F/4/g/!\\Bsdifpmphjdbm!Tjuft^Op F/4/j/!\\Eftjhobufe!Sjwfs!Dpssjeps^Op Attachment: Long EAF Part 1 - 2020-07-08 VWF CW DW Overall Project PDF (RES-2020-130 : Authorizing Application For Grants For Packet Pg. 105 Gvmm!Fowjsponfoubm!Bttfttnfou!Gpsn!.!FBG!Nbqqfs!Tvnnbsz!Sfqpsu 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 Packet Pg. 106 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 107 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 108 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 109 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 110 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 111 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 112 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 113 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 114 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 115 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 116 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 117 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 118 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 119 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 120 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 121 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 122 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 123 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 124 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 125 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 126 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 127 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 128 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 129 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 130 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 131 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 132 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 133 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 134 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 135 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 136 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 137 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 138 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 139 10.6.a Attachment: 2020-07-13 (RES-2020-131 : Correspondence Log) Packet Pg. 140 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. BE BERGER ENGINEERING AND SURVEYING PLLC Page 1of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Packet Pg. 141 13.1.a 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. BE BERGER ENGINEERING AND SURVEYING PLLC Page 2of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Packet Pg. 142 13.1.a 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. BE BERGER ENGINEERING AND SURVEYING PLLC Page 3of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Packet Pg. 143 13.1.a 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. BE BERGER ENGINEERING AND SURVEYING PLLC Page 4of 4 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Packet Pg. 144 Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water 13.1.a Packet Pg. 145 CCESSDRIVELONGACCESS GATETOAPIPETOGOADRIVE HYDRANTFORCONNECTION MHERSTLANE A 13.1.a Attachment: Montclair-Temp-Water-20200706 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Subject To Future Tenancy) 13.1.b Attachment: temp water connect 7.20 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Subject To Future Tenancy) Packet Pg. 147 13.1.b Attachment: temp water connect 7.20 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Subject To Future Tenancy) Packet Pg. 148 13.1.b Attachment: temp water connect 7.20 (RES-2020-132 : Authorizing Temporary Emergency Water Connection-Montclair Condominiums Subject To Future Tenancy) Packet Pg. 149