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Carnwath 2003, 2004(2) - PAGGI MARTIN L. jENE PAGE 03 06/10/2003 09:54 845471 E a, .,.�. ill 1:Lo,d 'bet 149?,>'8$e 798=thence leaving said westerly line ofaWheeler VitaleHSauth 7I°nd Vitale,La a the northerly line of s said northeasterly corner and running long 46 50"West 200.00 feet to a point being at the northwesterly ecor em nsti�a edrgiverda e point also being at the northeasterly corner of Lot No.21 o alongthe northerly line of Subdivision;thence leaving said common corner and runningng courses and said Lot No.21 and.the northerly line of Lots No.20 and S� o,f°Westt698 64 feet South distances; South 711 46' 50" West 26.16 feet, South 71 11 South 71° 31' 30"West 47.23 thence auing said n 72° 09' 50" West 199.73 feet, northerly West 521.1.9 feet and South 72° 08 00 West 15 1.19 feet; leavingv line of Lot No.19 and running through lands of the 41 £e oN North ger,the 17' 48"following courses and distances;North 25 05 08 Fast 269, et, 230.99 feet,North 390 40' 05"East 181.99 feet,North 710 41' 30" East 147.10 feet,North 170 17' 40" East 338.92 feet,North 200 35' 12"West 305.80 feet,North 16° 16' 54"East 571.39 feet,North 74° 15' 40"West 219.25 feet:, South 220 43' 44" West 548.76 feet, North 670 16' 16"West 224.53 feet, South 26° 40' 39" West 575.56 feet and South 26° 37' 11" West 748.75 feet to the point of beginning containing 76.714±acres of land. Paggi, Martin, &Del Bene, LL P. June 9, 2003 2000-03(36) PAGGII MARTIN CONSULTINGAND LAND SURVEYORS 66 MAIN STREET POUGHKEEPSIE,NEWYORK . 1 i471-7898/Fax(845)471-0905 RECEIVED sup`.JUN 17 2003 emo T��PERVISOR'S OFFICE TOWN OF WAPPINGER Ta Hon.Joseph Ruggiero,Town Supervisor VIA FAX&MAIL: cc: Hon.Graham Foster Albert P. Roberts, Esq. Jay Paggi, P.E. Front Peter Paggi Date: June 10,2003 Rea Underground Oil Storage Tank(UST)/ Greystone Property On this date, I received a telephone call from Mr. Robert Smith of the New York State Department of Environmental Conservation regarding the above referenced matter. As you may recall, the 10,000 gallon oil tank at the Greystone site failed the pressure test conducted by Ira Conklin, Inc. As indicated in our previous correspondences, we have been exploring the best method of rectifying the problem. To that end, we have contacted Mr. Eric Fellenzer of Fellenzer Engineering to insure that we size the new tank and remove the old tank properly. I am currently trying to arrange an onsite meeting with Mr. Fellenzer and Mr. Richard Swanson of Greystone Properties to discuss the matter. Mr. Smith advised me that his Department will be issuing a Notice of Violation to the Town, which outlines a time frame for addressing the matter. will continue to keep you informed of our progress on this matter. Please feel free to contact this office if you have any questions or comment. /�01'& //�-ai) Peter J. Pag !�/ PJP:Iaw 0 Page 1 RESOLUTION NO. 2003-147 RESOLUTION AUTHORIZING RENTAL OF STUMP GRINDING EQUIPMENT At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York,held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on the 27th day of May, 2003, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmen - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey ABSENT: The following Resolution was introduced by and seconded by WHEREAS,the Town Highway Department has accumulated a large quantity of tree stumps and wood debris from construction projects; and WHEREAS,the Town Highway Superintendent, Graham Foster,has investigated various disposal options of said debris and has concluded that the most cost effective means to dispose of the tree stumps and wood debris is to grind them into wood chips for future use as compost; and WHEREAS,the Town Highway Superintendent, Graham Foster,has recommended that stump grinding equipment be rented from Stump-N-Wood Recycling in accordance Stump-N- Wood Purchase Order No. 64 dated May 12, 2003 at a cost of Three Thousand Dollars ($3,000.00) a day for three days at a total cost not to exceed Nine Thousand Dollars ($9,000.00). O:IWAPPINGE\Town BoardIRESOLUTIONIHwy Dept-StumpGhnder2003.doc NOW, THEREFORE,BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby concludes that the most cost effective means to dispose of the tree stumps and wood debris accumulated at the Highway Department is to grind them into wood chips for future use as compost. 3. The Town Board hereby approves the rental rate for stump grinding equipment from Stump-N-Wood Recycling in accordance Stump-N-Wood Purchase Order No. 64 dated May 12, 2003, at a cost of Three Thousand Dollars ($3,000.00)per day for three days at a total cost not to exceed Nine Thousand Dollars ($9,000.00). A copy of said Purchase Order is attached hereto and made part hereof. 4. The Town Highway Superintendent, Graham Foster,is hereby authorized to sign and approve the Purchase Order No. 64 dated May 12, 2003 from Stump-N-Wood in the form attached hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting CHRISTOPHER J. COLSEY, Councilman Voting Dated: Wappingers Falls,New York The Resolution is hereby duly declared adopted. May 27, 2002 GLORIA J. MORSE, TOWN CLERK O:IWAPPINGEITown Board\RES0LUTI0N1Nwy Dept-StumpGrinder2003.doc G r Purchase `�`. TOWN OF WAPPINGER, NY order No. P.O. Box 324, Middlebush Road . DO NOTWRITEM THIS BOX Wappingers Falls, N.Y. 12590 Date Voucher Received PURCHASE ORDER & VOUCHER FUND-APPROPRIATION c AMOUNT F Stump-N-Wood Recycling CLAIMANT'S 19 Roosevelt Ave . - NAMEAND Poughkeepsie , NY 12601 ADDRESS TOTAL L. J ABSTRACT NO. VENDOR'S REF.NO. TERMS UNIT PRICE AMOUNT DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES N 0 ra r o r< 000 car^ � � T©w rz) TOTAL - - certify that the above account in the amount of$ I. is true and correct:that the items,services,and disbursements charged were rendered to or for the municipality on the dates staled;that no part has been paid or satisfied:that taxes,from which the municipality is exempted,are not included:and that the amount claimed is actually due TITLE DATE SIGNATURE (SPACE BELOW FOR MUNICIPAL USE) DAPPROVAL FOR PAYMENT DEPARTMENT APPROVAL This claim is approved paid from the appropriations indicated above The above services or materials were rendered or furnished to the municipality on the dates stated and charges are correct ---------------- COMPTROLLER DATE AUTHORIZED OFFICIAL DATE �l RESOLUTION NO. 2003-144 RESOLUTION TO AUTHORIZE THE RENAMING OF"GREYSTONE ESTATE" TO ,CARN WATH FARMS"AND "CARNWATH MANSION" At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on the 27th day of May, 2003, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called,the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmen - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey ABSENT: The following Resolution was introduced by and seconded by WHEREAS,the Town of Wappinger owns a 99-acre estate located on Wheeler Hill Road in the Town commonly known as the "Greystone Estate"which includes a residential structure, a former chapel and remnants of a 19t century mansion formerlyknown as the "Carnwath Mansion"which is listed on the State and Federal Register of Historical Places; and WHEREAS, the Town Board takes note of the historical significance of this property, of the family that developed it and built the mansion and wishes to have the name of the property and the mansion returned to its historical roots and name—"Carnwath Farms" and"Carnwath Mansion". 0_IWAPPINGE1Town Board\RESOLUTlONIGreystone-Renaming.doc NOW, THEREFORE,BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that henceforth the 99-acre estate owned by the Town located on Wheeler Hill Road and previously known as the"Greystone Estate"be renamed and henceforth shall be known as "Carnwath Farms" and"Carnwath Mansion" effective with a dedication ceremony scheduled for June 26, 2003 or at any adjourned date thereafter. 3. Town Clerk Gloria J. Morse is hereby directed to notify the Dutchess County Enhanced 911 program of said name change. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLOTIT, Councilman Voting CHRISTOPHER J. COLSEY, Councilman Voting Dated: Wappingers Falls,New York May 27, 2003 The Resolution is hereby duly declared adopted. GLORIA J. MORSE, TOWN CLERK O:IWAPPINGEITown Board1RESOLUTIOWGreystone-Renaming.doc Please svl-mit this summary sheet with *,-nk test results to: NY.'-, ,department of Environmental ,onservation Attention: Barbara Yukoweic 21 South Putt Corners Rd., New Paltz, NY 12561-1696 Pnone (845)256-3176 Fax: (845) 255-2987 RECEIVED Petroleum Bulk Storage JUN 1 12003 Tank Test Summary SUPERVISORS OFFICE TOWN OF WAPPINGER PRS#: 3 - C) REQUIRED Spill 9: Facility Information Facility: Address, LO Cz �2 ContactlOwner'. Phone: (S'-t.'7� -7 Tester Information Company; CC, tom ' Contact: e.i'�) rYA Phonei Test Results Test Method-, C-4 Lc�c>,t Date Tested: C-1-2-L Tank # Product Passed Failed Ll u.0 Fuel D&I Gasoline Diesel Waste Oij0 V�- Fero Fuel Oil Gasoline Diesel Waste &I 11 Kern Fuel Oil Gasoline Dlesel Waste 0A faro Fuel 0;1 Gasoline Desel Wase 011 Keo Fue! Oil Gasoline Ciesel VvEste 01; Kero TNs must be the same as the wk n,,;mberor, the PeS Regisvat=Certificate las,.issued to uie facij.ty Fajqurt- ;d.-ntily mo tanks)by tpis number may rea',,It in tho tank test cemficae(s) Deirg returned 4o ine C,adjer A!I tark test fai[ures must be reported to thO Department at(300)457-7362 or(518)457.7362 within 2��3,jrs oil' =� w �r�y.w.+-rt,w��•h•. �'�.fL7�nY`'Nw• ,r^p"CnvWr• �1r .wh .�6{,h,�,• ,r �=t'� }^ �:,EZY 43 TO 3RPLUS'�f�<� • <�`,������Er.� t� •*µ+*++�� r'.s�,►�_.,•.a�*:,�� �,.�:,....: � INAUREPORY; , 8Y:ES?ABROOKS INC, I�T1�687215 .I . !. DATE '�j C� PBS # (NEW YORK) TOTAL TANK VOL. I(D GCs 0 TANK c PRODUCT VOL. LOCATION OCA. UL LAGS VOL.--Lf,L� `lh. PRODUCT TYPEr- a.LL, TSL ACOUSTIC CHARACTERISTIC Q A LE,AR REVEALS; (CHEECK U."LY ONE) TIGHT TANK rES U WJE �GROLTO STORAGE TANK PASSES THE CRI i c.:2?A SST FORT i SY THE U.S. EPA. ULLAGE (DRY) PORTIO'INT LEAK T :iS LSD:RGRWND S70UGE TANK FAILS THE CP!:CRA SET FORTE SY T` r _.S .„ BELOV,` PRODUCT LEVEL (VTT) PORTION LEA-K TPS WD=RGRO WD MUM TAW FAILS T07 CO T EP'A SFT FORTH B T.._ V& EPA TER SENSOR INTDIC:ATES: (CHECK ONLY ONE) T E rn- -S'oN 1WAT L\�TRUS10- DoT :pn LE f% &C � ILL- C -a 1i 1 � A gnn5 911A ieSti�19 Firm: I car 7 ' L, rJ Aad;e,s �T w f_`r w r.] Te ep,none r �,ssa ..EW YORK STATE RE'MEMYNIT; A OLiGR Ti OF,TI-L Tk�T<SYSTEt�1 MUSTBE. SUBMI CI•EDTO TN STATt WITr1 THIS-;REPORT. i F . 1 S LOCATOR PLUS. PRESSURE CALCULATION &WATER SENSOR C UBRATION UFACTURED BY:EVAVOOK�S INC. -a»-Jae-7215 DATA SHEET = P6S 0 (NEW YORK) i . ;Ota'.TANK VOI. 1 d o� TANK# MGL' t i P;OQUCT v0'�. OG LOCATION c*,v i t PRODUCT TYPE �©1 1 PRESSURE SENSOR CALCULATION X 1 Ca'3 = l L{ PS i 7 INCHES OF PRODU+--T WEIGHT OF PRODUCT � 1 ' X .036 _ Psi (21 INCH S OF WATER IN i'ANK Line T Line 2 = Total Positive Head Pressure In Tank — PS. {� X 036 — C) INCH'S OF WATER OUTSIDE TANK -7 j To,ai ead Press,) Wafer Pressure r,wey s cdd .5 PSi !COTE: I' Line 61s Le° s Than .5 PSI i_ine 7 Shall be .5 PSI 51 TI-ST PRIESSURE j TIME PRESSURE Cwvr S'a'ted: `4 . J Goundwoter Determine Test Pressure Reache J: E:ower Turned O f: c, i i I tD-. C'C -1 where: : Te:t 6cgan: Tes Ended: J- WATER SENSOR CAl_lBRA' ION k d: F.cde Cal---„t -- Cal #2 Ca� nverCye= 3oi�om rater inrrusilon Test P,:riod: Begon, To ru y� J Ende Produc, GVH _ � P•3ri0d: Ca cu�laron for Test Zia. 3780 -- - ,05 Time of Test Wotarin Aye. CC!. "f," Factor T�ir c 4 r T R �:o4ri4a! : i --t v T04C� QUI s,`(o0SgB1s3 LCL8T68686 RYi TE�sT zccz/CC/`C I I I 1'_ II � ! � II ! illlll ! Illllllllllf1111 IN 1 ! 111 : 1 : 11 ! ! III IIIII . II111 ! III { li ; - I i I 7_1 �k ! ! IIIIIIIII IIII ! IIIllllillliili ll ! ! llllilllliil IIIIIII ! liillilill ', 1F 7-11 1 ' ' il ! ! Illili ! IIIIII 11 Ilil ! ! illilll 111 ! 1i1111111i { 1111illllllililillll � I ! 111111111111i1ii ! ! Ilillllllil ! iil1 � I il � lll � ! I � 11 ! ! ! '' ! k ! lilllllllif ' ! i1111 ! I11E ! ; � I 11 ! 111 1 1 ! 1 ! 1 ! # ! l F, ! 1 ! 1 1 ! 1 1 1 1 ! I I ! I � I I I l I I N ! l ll V I I I 1 1 I I I ! \I I I I I I I i l l I I I l i i I V I l TT ! I I I i ! f 111 lilLai III k Ii ! IhIiI11 ! 1 I i l l i 1 1 1 I l l l l l l l 1'1 1 1 ,I I I I I I I l l i 1 I I I I 1I l - I I I I I i i I ! ! fil 111 . 1l K 111 ! 111111 t II IIII RECEIVED 112003 SUPERVISORS OFFICE TOWN OF WAPPINGER, R0. Box 3689 Poughkeepsie,NY 12603 June 4, 2003 845*454o8427 fax 845-454,5920 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Ms. Gina Basile Dear Ms. Basile: As a follow up to our conversation today and our proposal letter of May 14, 2003, please allow our firm to elaborate. It would be our intention to wash, using a wood cleaning product (such as Murphy's soap) all walls, floors and other surfaces which would then be polished with standard furniture polish and treated dust cloths. If possible, after floors are swept and damp mopped, we will attempt to lightly buff(using white or red buffing pads)to restore any shine left. Trusting this meets all approvals. Very truly yours mes Hardisty Vice President VF,RGILIS, STENGER, RoBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL: IRA A.PERGAMENT KENNETH M.STENGER (845)298-2000 LEGAL ASSISTANTS: LOUISALBERT R VIGLOTTI ROBERTS FAX(845)298-2842 AMY E.DECARLO J. LISA MARTELL JOAN F.GARRETT" e-mail:VSRP@BestWeb,net THOMAS R.DAVIS POUGHKEEPSIE OFFICE 276 MAIN MALL KAREN P.MACNISH POUGHKEEPSIE,NY 12601 KEVIN T.McDERMOTT (845)452-1046 STEVEN K,PATTERSON RECEIVED JAY B.RENFRO PINE PLAINS OFFICE 990 CHURCH ST. *ADMITTED TO PRACTICE J2 UN 1 12003 P.O.BOX 21 IN NY&FLA. PINE PLAINS,NY 12567 ­ADMrrrED TO PRACTICE SUPERVISOR'S OFFICE (518)398-9857 IN NY&CONN. TOWN OF WAPPINGER ADDRESS REPLY TO: POUGHKEEPSIE )WAPPINGERS PINE PLAINS VIA FACSIMILE (297-4558) AND REGULAR MAIL June 10, 2003 Hon. Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12.590 Re: Greystone property Request fear Damage Estimate ,File No. 12951.0659 Dear Joe: Several weeks ago I attempted to obtain an. estimate of damages to the Greystone stone wall. Scan Force, who had previously constructed stone walls for the Town, had I promised to provide me with an estimate. Not having received an estimate from him, i called him this morning and he said he was too busy and was unable to provide one. I am attempting to find another landscaper to provide an estimate. In the meantime, if either you or Graham knows of anyone who could rebuild a stone wall, please advise. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP ALB OTA!P�. ROBERTS APR/bg cc: Hon. Graham Foster, Superintendent of Highways Ms. Judy Blundell of Blundell Adjustment Co. WWAPPINGE\Town Board\Greystonc-Car Accident\061003-JR.doe 1. i kms' k�L ,•�,} J �c- ,s "-0 � Ay�t� �>�ys 1, "�`-c-::. +�. '•r r y� a V n '•{£ .. About Camwath 2000 Page I of 1 About Carnwath About Carnwath Carnwath is a conservation village in the Upper Ward of About Carnwath 2000 Lanarkshire,roughly equidistant between Glasgow and Edinburgh, and situated on the edge of the Lang Whang Moor. Carnwath has a Regeneration Plan considerable history and was first populated almost 2000 years ago Carnwath Through - as a result there is much history and heritage associated with the the Ages village. Events Contact Us The name is believed to originate from the 12th century when one Links of the Somervilles -a Norman family-built a Cairn which resembled a Norman Castle in the woods, and was a defensive structure. HenceCarnwath-Cairn in the woods. The current population of Carnwath is 1,414 (1999 Voluntary Population Survey). http:/Iwww.camwath2OOO.org.uk/about.ht.tnl 5/15/03 The Earls Of Carnwath Page 2 of 3 The Noble Line 1st EARL OF CARNWATH The title Earl of Carnwath was created on 21st April 1639 when Sir Robert Dalzell of Dalzell& Elliok was advanced to the dignity of EARL OF CARNWATH, BARON DALZELL AND LIBERTON.Died later the same year. 2nd EARL OF CARNWATH Robert Dalzell,first son of the . 1st Earl succeeded to the title.on his fathers death.On 25th February 1645 he was found guilty of treason and sentenced to be hanged,but his estates and honours were passed on to his son. 3rd EARL OF CARNWATH Gavin Dalzell,first son of the 2nd Earl.Died November or December 1673. 4th EARL OF CARNWATH James Dalzell,1st son of the 3rd Earl.Died 1.688 with no surviving male issue. Sth EARL OF CARNWATH John Dalzell,second son of the 3rd Earl.Died 7th June 1702 unmarried. 6th EARL OF CARNWATH Sir Robert Dalzell,great- grandson of Sir John,second son of the 1st Earl.Took part in the 1715 rebellion and was impeached in the House of Lords on 19th January 1716.He was sentenced to be executed and his honours and estates forfeited,but he was ultimately pardoned.Died 19 July 1737. 7th EARL OF CARNWATH After the death of the 6th Earl, the title was claimed by his son Alexander(b Feb 1721-22),who was styled "Earl of Carnwath".He died on 3rd April 1787.and was succeeded by his son. 8th EARL OF CARNWAT 4 Robert Dalzell of Glenae, second son of 7th Earl.Born 1756, died 13th Feb 1808 at Glenae House in Dumfriesshire. 9th EARL OF CARNWATH John Dalzell of Glenae,son& heir of Alexander(7th earl).Born 18th August 1765,he was a major in the Marines and was killed in action off New Orleans on 10th October 1814. 10th EARL OF CARNWATH Robert Alexander Dalzell, grandson of 6th Earl.Born 13th February 1768. Restored to the Earldom on 26th May 1826.Died 31st July 1788. 11th EARL OF CARNWATH Thomas Henry Dalzell, second son of the 10th Earl.Born 2nd September 1797.Died 14th December 1867 in France. http://dalzielgenealogy.co.uk/Earls%20o�/o2Ocamwath.htm 5/15/03 The Earls Of Camwath Page 3 of 3 12th EARL OF CARNWATH Henry Arthur Hew Dalzell, only son of the 11th Earl.Born 12th April 1858.Died of diptheria 13th March 1873 at Harrow School. 13th EARL OF CARNWATH Arthur Alexander Dalzell, second son of the 10th Earl.Born 15th September 1799.He died unmarried 28th April 1876. 14th EARL OF CARNWATH Harry Burrard Dalzell,fifth son of the 10th Earl.Born 11th November 1804.He died 1st November 1887. 15th EARL OF CARNWATH Sir Robert Harris Carnwath Dalzell,grandson of the 10th Earl.Born 1st July 1847.Died 1931. 16th EARL OF CARNWATH Ronald Arthur Dalzell, second son,but first surviving, of the 15th Earl.Born 3 June 1883.Died 1941,from when the title has lain dormant. The Full Story To view the full family tree for this line,gaing back to the Twelfth Centura,and containing aver 470 Vegple,click here OR Dalziel 2001;All material within this site may be copied and freely circulated as long as it is not used for financial gain, and the origin of the material is credited. http://dalzielgenealogy.co.uk/F-arls%2OoP/o2Ocamwath.htm 5/15/03 MA's-30-2003 FRI 09:35 AM 7RASER 518 d12 8741 P. 02 `— 617,20 SEAR PROJECT ID NUMCiER APPENDIX C STATE ENVIRONMENTAL QUALITY RCVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 9 APPLICANT!SPONSOR 2,PROJECT NAME. Town cf ,Wa ager Ca.rrwath Mansion Preservation Project 1PROJECT LOCATION: Municipality ToOf � ginger I County DutChess 4,PRECISE LOCATION, Street Addess and Road Intersections. Prominent landmarks etc •or ortavide map Car Wath Fates, Wheeler Kill Road S.IS PROPOSED ACTION; r--? New � �Expansion �Modification I alteration FS,DESCRIBE PROJECT BRIEFLY: Awarded funs will be used -tea stabilize historic Carnwath Mansion- 7. rasion-x.AMOUNT OF LAND AFFECTED: Initially 2+ acres Ultimately 2+ acres B.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes No If no,describe briefly: 9,WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) Residential 0 Industrial El Commercial ['Agriculture �Park I Forest I Open Space ®Calker (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State or Loral) mYee r Q No If yes, list agency name and perm t I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Neta r7v No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT APPROVAL REQUIRE,0Yes M No I CERTIFY THAT THE CNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appticant I Sp]nr,NLM 6/20/03 Signature---- __. _�__�..__. -- a IV If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment MAY-30--2003 FR I 09:35 AM __FRASER 518 432 6741 P. 03 PART Il- IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617,47 It yes,coordinate the review process and use the FULL EAF. ❑Yes E] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS INS NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency, ® Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten.If legible} C1. Fxtsting air quality,surface or groundwater quality or quantity,noise levels,axis0g traffic pattern,solid wa1110 production or disposal. potential for erosion,drainage or flooding problems? txplaln briefly: None C2, Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or oommunity or neighborhood character?Explain briefly: None C3. Vegetatlon or fauna,fish,shellfish or Zvi dtife species,significant habitats,or threatened or endangered spedes?Explain briefly: None Cq. A community's existing plans or goals as officially adopted,or a change In use or intensify of use of land or other natural resources?Explain briefly: None CS. Growth,subsequent development,or related activities IlKaly to be Induced by the proposed action?Explain briefly: Name C6. Long term,short term,cumulative,or other effects not identified in C1-CS? Explain briefly: Tom CT. Other Im acts Lndudln chances in use of either quantity ort a of enargy? Explain bleby; None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL. ENVIRONMENTAL AREA(CEA)? If es,explain brlafl : You ®No E. IS THERE,OR IS THERE LIKELY TO BE..CONTROVERSY RELATED TO POTENTIAL_ADVERSE ENVIRONMENTAL IMPACTS? If yes aXIain: 0 Yes 121 No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: Foreach adverse effect Identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)selling(I.e.urban or rurall);(b)probability of occurring;(c)duration; (d)Irreversibility;(6) geographic scope;and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufflclent detail to show that all relevant adverse Impacts have been identified and adequately addressed. if question d of part Li was checked yes,the determination of significance must evaluate the potential i mpact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FUL EAF and/or prepare a positive dectaratton. Check this box if you have determined,based on the Information and analysis above and any supporting documentation,that the proposed actio WILL NOT result In any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Tcm .of wa inner 6/20/03 ^�' Name of Lead Agency Date Hon. Joseph Ruggiero Supervisor Print or Type N me o ponsible icer�n eaAgency Tiue of Responsible Officer 14 SID n re of Respcilrisibiffoyer in Load Agency Signature of P reparer erent from respons a officer STATE OF NEW YORK RECEIVED EXECUTIVE CHAMBER ALBANY,NY 12224 m4 2 7 2003 GEORGE E PATAKI &vCE GOVERNOR S&*RA%W '09N t1olom LING June 25, 2003 Mr. Joseph Ruggiero Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Dear Mr. Ruggiero: I am pleased to inform you that Governor Pataki has agreed to serve on the Host Committee for your Dedication Ceremony on June 26, 2003. 1 am enclosing a copy of the Governor's biography and photograph which may be helpful. If I can be of further assistance, please do not hesitate to contact me at (518) 474-4727. The Governor extends his best wishes and thanks you again for your invitation. Sincerely or Kara Lanspery arson Director of Scheduling G) PRINTED ON RECYCLED PAPER GEORGE E. PATAKI was born in Peekskill, New York. He received a bachelor's degree from Yale University in 1967 and a law degree from Columbia University Law School in 1970. Prior to entering elected office, he worked for a New York law firm and in the state legislature. Governor Pataki served two terms as Mayor of Peekskill, from 1981 to 1984, and was a member of the New York State Assembly from 1985 to 1992. He was elected to the New York State Senate in 1992. In 1994, he defeated incumbent Governor Mario Cuomo and was re-elected Governor in 1998 by a margin of more than one million votes (20%), the largest landslide for a Republican Governor in New York history. In 2002, he was re-elected to a third term. Since Governor Pataki took office, New York has enacted more than $100 billion in tax cuts- -far more than any other state in the nation. Governor Pataki sought to put New York's fiscal house back in order, turning massive deficits into surpluses, and replacing the reckless spending and budgeting practices of the past with restraint, debt reform and fiscal responsibility--actions that have earned New York its highest credit rating in 23 years. New York=s economy responded to these sound policies, and hundreds of thousands of new private sector jobs have been created. In 2002, the Governor succeeded in winning a worldwide competition for International SEMATECH North a next generation 300 millimeter computer chip research center which will be located in Albany. Governor Pataki's welfare-to-workfare policies have reduced welfare rolls by more than one million--a 38 year low. He has restored the death penalty, imposed longer sentences on violent felons, and eliminated parole for all violent offenders. New York leads major states in reducing violent crime. Governor Pataki won approval of one of the nation's strongest charter school laws, and he has dramatically expanded access to affordable, quality health care through the enactment of the Health Care Reform Acts of 2000 and 2002_ Governor Pataki was honored in 1997 with the national Golden Heart Award from the Association for Children for Enforcement of Support for his work in reforming child support to ensure deadbeat parents meet their obligations. Through his advocacy of the historic 1996 Clean Water/Clean Air Bond Act and the Environmental Protection Fund, the Governor has protected nearly 400,000 acres of critical open space in New York. For his unwavering support for the bi-state effort to clean up Long Island Sound, the National Audubon Society of New York and the Construction Industry Council of Westchester County awarded Governor Pataki its first-ever Sound Guardian Award in 1998. Governor Pataki has also been honored for his outstanding environmental achievements by the Adirondack Council, the League of Conservation Voters, Scenic Hudson, Inc., and the Citizen's Campaign ibr the.Environment. Birthdate: June 24, 1945 Family: Married; four children Party: Republican Elected: November 1994, 1998, 2002 Term Expires: January 2007 k Sq 'w_ S VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTi,LLP ATTORNEyS AND COUNSELORS AT LAW 1136 ROUTE 9 WAppINGERS FALLS,NEW YORK 12590 OF COUNSEL: GERALD A.VERGILIS* IRA A.PERGAMENT KENNETH M.STENGER (845)298-2000 LEGAL ASSISTANTS: ALBERT P.ROBERTS AMY E.DECARLO LOUIS J.VIGLOTTI FAX(845)298-2842 LISA MARTELL e-ma&VSRP@BestWeb JOAN F.GARRETr** .net THOMAS R.DAVIS POUGHKEEPSIE OFFICE 276 MAIN MALL KAREN P.MACNISH POUGHKEEPSIE,NY 12601 KEVIN T.MCDERMOTT (845)452-1046 STEVEN K.PATrERSON JAY B.RENFRO pEsfE PLAINS OFFICE 2990 CHURCH ST, .AI)MrrMD TO PRACTICE P.O.BOX 21 IN NY&FLA, PINE PLAINS,NY 12567 "ADMITTED TO PRACTICE (51,8)398-9857 IN NY&CONN, ADDRESS REPLY TOS POUGHYEEPSIE )WAPPINGERS PM PLAINS VIA FACSIMILE (297-4558) AND REGULAR MAIL June 16, 2003 Hon. Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Conservation Easement File No. 12951.0574 Dear Joe: Crafting the wording for the Conservation Easement has proved more difficult than originally anticipated. I have prepared a generic Resolution authorizing the drafting of the Conservation Easement as well as authorizing you to sign same in substantially the form attached subject to any changes required by the Dutchess County Attorney's Office for the Dutchess Land Conservancy, Inc. and as approved by the Attorney to the County. Attached please see letters to Tony DeRosa and Roger Akeley together with the draft of the document I prepared. V7r Very t ly yours, ERtIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP J! (T P-ROBERTS APR/b g-" Enclosure 0:\WA P PING F\Town Boar&Greystone1061603.doc RESOLUTION NO. 2003- RESOLUTION TO AUTHORIZE THE ESTABLISHMENT OF THE CONSERVATON EASEMENT DEED At a regular meeting of the Town Board of the Town of Wappinger, Dutchess, County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the day of June, 2003,, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmen - Robert L, Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey ABSENT: The following Resolution was introduced by and seconded by WHEREAS, in 1998, the Town acquired property then known as the Greystone Estate and now known as the Carnwatb Estate located on Wheeler Hill Road in the Town and fronting along the Hudson River; and WHEREAS, the property consists of approximately 99.5 acres of land portions of which are improved by a 19th mansion, a dormitory building, a large chapel, a carriage house and other related buildings and detached structures; and 0:\WAPPINGE\Town Board\RESOLUTION\Greystone-Cons Easernent.doc WHEREAS, the Town has made application to the County of Dutchess for a Grant to defray the cost of the purchase of this property through the Dutchess County Open Space and Farmland Protection Matching Grant Fund for$ ; and WHEREAS, as a pre-condition to receiving such funds, the Town must impose certain Conservation Easement on the use of this property; and WHEREAS, the Town wishes to exclude from the Conservation Easement approximately 20 acres surrounding the aforementioned buildings, as more particularly set forth on a survey map prepared by Paggi, Markin&Del Bene, LLP, dated , a copy of which is on file in the Office of the Town Clerk of the Town of Wappinger; and WHEREAS, the Town wishes to impose the Conservation Easement on a portion of the Carnwath Estate more particularly described in Exhibit"A" attached hereto and made part hereof; and WHEREAS, the Town Board wishes to impose Conservation Easements in the form required by the County of Dutchess and the Dutchess Land Conservancy, Inc. NOW, THEREFORE,BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the citizens of the Town of Wappinger and for the preservation of the natural beauty, scenic views and vistas of the Carnwath Estate to declare a Conservation Easement over portions of the Estate in the form and manner required by the County of Dutchess and Dutchess Land Conservancy,Inc. to enable the Town of Wappinger to obtain a grant from the Dutchess County Open Space and Farmland Protection Matching Grant Fund. 0AWAPPINGEJown Board\RESOLUTIONIGreystone-Cons Easement.doc 3. The Attorney to the Town is hereby directed to draft a Conservation Easement in the format required by the County of Dutchess and the Dutchess Land Conservancy, Inc. generally in the form attached hereto and marked as Exhibit`B" and to negotiate any changes thereto so as to permit the Town of Wappinger to qualify for grants from the Dutchess County Open Space and Farmland Protection Matching Grant Fund. 4. The Engineer to the Town is authorized to prepare any necessary maps, surveys, and legal descriptions depicting the area of Carnwath Estate which will be subject to the Conservation Easement and to undertake such other work as is necessary to implement the directives of this Resolution. 5. The Supervisor to the Town is hereby authorized to execute the Conservation Easement generally in the format attached hereto as Exhibit`B", subject to any changes required by the County of Dutchess and the Dutchess Land Conservancy, Inc. provided such changes meet the consent and approval of the Attorney to the Town. 6. The Supervisor to the Town, the Attorney to the Town and the Engineer to the Town are further authorized to undertake such acts as are necessary to implement the provisions of this Resolution and to record the Conservation Easement and any related maps in the Office of the Dutchess County Clerk as soon as possible. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting CHRISTOPHER J. COLSEY, Councilman Voting 0:IWAPPINGE1Town Board\RESOLUTION\Greystone-Cons Easement.doc Dated: Wappingers Falls, New York June , 2003 The Resolution is hereby duly declared adopted. GLORIA J. MORSE, TOWN CLERK OAWAPPINGE1Town Board\RESOLUTIONIGreystone-Cons Easement.doc VERGILIS, STENGER, ROBERTs, PERGAMENT & VIGLOTTI,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER IRA A.PERGAMENT ALBERT P.ROBERTS (845)298-2000 LEGAL ASSISTANTS: LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOAN F.GARRETT" a-mail:VSRP%BestWcb.net LISA MARTELL THOMAS R.DAVIS - --^ POUGHI01EPSIE OFFICE KAREN P.MACNISH 276 MAIN MALL KEVIN T.MCDERM07T POUGHK;EPSIE,NY 12601 STEVEN K.PATTERSON (845)452-1046 JAX$.RENFRO PINE PLAINS OFFICE *ADhflTrf=D To PRACTICE 2990 CHURCH ST, IN NY&ELA. P.O.BOX 21 **ADhff=TO PRACTICE PINE PLAINS,NY 12567 1N NY&CON. (518)398-9857 ADDRESS REPLY TO:c )PouGHKEEPsm ( )WAPPINGERS June 16, 2003 ( )P»PLAINS Dutchess County Attorney 22 Market Street Poughkeepsie, New York 12601 Attention: Anthony J.DeRosa, Senior Assistant Dutchess County Attorney Dutchess County Planning and Development 27 High Street Poughkeepsie,New York 12601 Attention: Roger Akeley, Commissioner Re: Conservation Easement File No. 12951.0574 Dear Tony and Roger: Your office supplied me with a copy of a proposed Conservation Easement Deed which I have used as the template for the Conservation Easement to be imposed on the Carnwath Estate (previously known as the Greystone Estate). The form forwarded to my office references numerous agricultural and farmland uses that are inapplicable to this site. As you may know, the property hasn't been used as farm land for many years,was previously owned by a religious organization and more recently, by Greystone programs, Lwhich provides living quarters for autistic persons. The area to be the subject of the Conservation Easement is largely vacant and is intended to be used for passive and active recreation. The property has majestic vistas of the Hudson River and will provide a natural site for picnics, outdoor concerts and similar activities. I have attempted to redraft the Conservation Easement as applicable to this site and kindly ask your input. O:IWAPPINGE1Town BoardlGreystone1061603-b.doc I question the necessity of Items 10-15 on the third page as well as the references to the agricultural characteristics of the property. Similarly, the references to the farmstead are inapplicable and I would suggest deleting paragraph 4 as well as paragraph 7.1 a-7.1 G, 7.2A, 7.2C-F. Perhaps a meeting to review some of the language issues would be helpful. I will away several days this week, however, I will be back in my office the week of June 23ra Please advise direction. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP ALBERT R ROBERTS APR/bg Enclosure cc w/o enclosure: Hon. Joseph Ruggiero, Supervisor Han. Gloria Morse, Town Clerk Town Board File Joseph E. Paggi, Jr., P.E. Daniel K. Wery, AICP 4 0:IWAPPINGE1Town Board%Greystone1061603-b.doc CONSERVATION EASEMENT DEED This CONSERVATION EASEMENT DEED is entered into this day of Fume, 2003, between TOWN OF WAPPINOER, a municipal corporation, with offices located at Town Hall,20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as "GRANTOR" or the "LANDOWNER" and COUNTY OF DUTCHESS, a municipal corporation, with offices at 22 Market Street, Poughkeepsie, New York 12601 hereinafter referred to as "GRANTEE"or the "COUNTY" and DUTCHESS LAND CONSERVANCY, INC., a New York not-for-profit corporation, with an office at 2908 Route 44, Millbrook,New York 12545, hereinafter referred to as "GRANTEE" or the "CONSERVANCY" RECITALS WHEREAS, the LANDOWNER is the owner in fee of real PROPERTY known as the "Carnwath Estate' (hereinafter referred to as the "PROPERTY"); and WHEREAS, the PROPERTY consists of approximately 99,5 acres located along Wheeler Hill Road in the Town of Wapp ager with vistas and scenic views of the Hudson River; and WHEREAS, the PROPERTY is ;iinproved with several building, a 19"' Centum mansion, a large dormitory building, a large chapel building, carriage house and other related buildings; and WHEREAS, the LANDOWNER wishes to impose a Conservation Easement on a portion of the PROPERTY excluding the area surrounding the buildings above-described; and WHEREAS, the LANDOWNER wishes to impose this Conservation Easement on a portion of the PROPERTY consisting of approximately 76.714+ acres of land, more particularly described in Exhibit '`'A" attached hereto and incorporated by reference iii this GRANT; and 0AW.A1'1'1NGEV1'omi BoardlGreystone\E-C,'onservation.doc =.I� .:8::e.W�m 9 ! - Fg9 %8%8$dl8:e `' s `°Pu< K3> @ %p L',€arta€n 'as s;: II ;€g ag: ;I€gllx.;==x FF'I �.t i 3,g"'€' % <�4� �39d t-9 aP .9 @ @°� � x a.. d,.I IP )e ra'$F _..�.F �'{s 3 %E[;�C `.•as nhV%�I �?xOrBr P. fl ¢a. 6 a,zsx ds.%.S f«s.s[3.£S tt•=§a. 9n$.9 e {.,.E$.E.3 W e9e"Iay.... 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WHEREAS, the COUNTY is qualified to hold conservation easements pursuant to Article 49, Title 3, of the Environmental Conservation Law of the State of New York ("The Conservation Law") and has agreed to accept the role of the municipal sponsor for the New York State Department of Agriculture and Markets Farmland Protection Grant, which has provided approximately 75% of the funds necessary for the purchase of this Easement; the remaining funds being appropriated through the Dutchess County Open Space and Farmland Protection Matching Grant Fund; and WHEREAS, the CONSERVANCY is a not-for-profit conservation organization within the meaning of Article 49, Title 3, of the Environmental Conservation Law of the State of New York and is qualified to acquire conservation easements, and be the GRANTEE of tax-deductible conservation easements pursuant to Section 170(h) of the United States Internal Revenue Code of 1986, as amended; and WHEREAS,the parties recognize the following: 1. The COUNTY has determined that acquiring a conservation easement on the PROPERTY will help further the COUNTY'S conservation and economic purposes as further hereinafter set forth and the CONSERVANCY has determined that acquiring a conservation easement on the PROPERTY which protects the argicultural values of the PROPERTY and which promotes the use of sound agricultural practices will further its charitable purposes of preserving the natural, ecological, cultural and scenic value of the Hudson River Valley. _ 2. �" •_ �9�€ - " € ! € qq�F p E � iI$ �',%:% ;,- tl ,%a aj I .9G� F -_ Ell;:r"°9.j8 ertY';§Y3389e0IQeE'E"<f-S.�"s":'�i;98:P8..[Fa.E�ax� $�•�•tl"B qit'3� III. '.f• �%a Pd3°e� %8989eP8 IA.0°".B B g<� #a xa3 � .�9 9g €:3'@E.X38@ 9 9°Y...B & a §. p >yy,Se Ive,e F P;.•e o e : a9ie€ a dee S SEF°'%°:•:.d%s I ap gv�., sx§"x"33 .aYa3°@o e r "`sia` :-?s`%'sq's=s::`s•:aa?3x ax'! ».j:t '°xt a "'40 a§e iE �t�2 tl' I ! 'igg';:a a I€I d x § ll:t $ €__• I$IS§E°F.° ' I:y. ,%. > €" §€� �¢E�dL•i. §e?'� " Fax <•}' 9' %.5{p! sFs{3' 's § £ r § ¢ .:F.z. ... ra . KS ag.> Y ...:' �° �e f33,]3.s.sz•.xx. Pc c°n.• i6°.: d 2 d' HE ipx �. — 3. The CONSERVANCY, in its role as a conservation organization, has obtained extensive experience monitoring and administering conservation easements, and is willing to make its services and experience available to the COUNTY to monitor and administer this Conservation Easement as hereinafter set forth. 4. It is important to the conservation of the open, scenic and natural character and beauty of the area to maintain the PROPERTY'S agricultural use, open fields and forestlands while restricting development so that it is compatible with the natural surroundings. 5. The PROPERTY is in close proximity to other private lands, which are already permanently protected by conservation easements. 6. The Master Plan of the Town of Wappinger states, "that there be a strong encouragement provided to the agricultural community for the maintenance of agricultural activities and the associated 2 preservation of the irreplaceable agricultural resources. The TOWN can assist in maintaining the traditional viability of agriculture for this generation, and future generations, by encouraging the conservation of areas with prime agricultural soils, segregating agricultural and incompatible non-agriculture uses in the interest of the agricultural pursuits, reducing pressures to convert agricultural land to other uses, and implementing programs which encourage and support farm operations". M3 �,F�. N� MR gaa>Baen.n n evErns.n�»x..b?rh3 �IIh6 7. The expanse of farmland found in is important to the natural ecological, P p cultural, scenic and historical values of the Hudson River Valley. 8. The Dutchess County Legislature adopted the Dutchess County Agricultural and Farmland Protection Plan on May 11, 1998, which states that, "Farms and farmland contribute to the COUNTY'S economy as a whole, through the jobs and dollars generated and to the COUNTY'S open landscapes, character, and sense of identity, and environmental quality". The Plan recommends the purchase of development rights as an important tool in encouraging LANDOWNER to keep their farms in production, and states that Dutchess County should develop partnerships with knowledgeable professionals in the private sector, particularly the County's land conservancies, to facilitate the development and improvement of a Dutchess County Development Rights Acquisition Program. In furtherance of this recommendation, ey ged''r':�s<':.i s s � r�Dd dd dgd8�pe 98inad da+-�a i a the COUNTY is contributing f°, towards the purchase of this Conservation Easement through the Dutchess County Open Space and Farmland Protection Matching Grant Fund and in addition has accepted the role of municipal sponsor for a New York State Agriculture and Markets Grant, which is providing $ Both amounts are exclusive of miscellaneous related acquisition expenses. 9. The Dutchess County Legislature, in the County Master Plan, Directions, adopted by the Dutchess County Legislature in 1988, has identified the area in which the PROPERTY is located as an area in which agricultural lands should be preserved. Directions emphasizes the preservation of prime agricultural soils, floodplains and wetlands and encourages open space land uses and the protection of scenic resources. Policy 5.16 supports measures to preserve the COUNTY'S prime and important agricultural soils. Policy 5.20 advocates the preservation of the COUNTY'S scenic resources and significant natural areas. Policy 5.24 encourages the preservation of woodland "greenbelt" corridors through communities, especially along streams, floodplains, wetlands, and other sensitive areas to provide recreational space, wildlife habitat natural buffers and aquifer protection. Directions recommends low density development to prevent degradation of the area's rural, natural and scenic characteristics through subdivision and development; Policy 11.21 supports the use of conservation easements to preserve agricultural lands in rural areas. 16. Subdivision and development pressure threaten the continued agricultural, rural, scenic, ecological, forested, and open space character of the PROPERTY and the scenic view along 1 rz;z �? nava.a..,am-a•saa. a^ x s;il'3j3s°:i= i=: a 04 3aM 1,e d• ease"8 6�e.'*S,°x»rF a°gca°ra8¢,•,P o Ei 'u ,a p•• ea.{s y �:, a•a y g� # b i s! 3 °r §ease...,.. 4a ;.ar,,,.a,x.,,nes:-fir8 ^°.daxa.a.aaa-u sir: d LL pr a @ p tr,t „;:,r,: x;.. ;v4. 3 WHEREAS, the CONSERVANCY has determined that acquisition of a Conservation Easement on the PROPERTY will further its charitable purposes of protecting areas of rural, scenic and relatively natural character in Dutchess County; and WHEREAS, the LANDOWNER share the land conservation goals of the CONSERVANCY and desire to ensure that the rural, scenic and ecological characteristics of the PROPERTY will be preserved for the benefit of future generations; and WHEREAS, the parties desire to ensure that the agricultural characteristics of the PROPERTY will be protected for the benefit of future generations, and desire to preserve the character of the PROPERTY in perpetuity by entering into this Conservation Easement Deed pursuant to the provisions of Article 49, Title 3, of the Conservation Law; and a- ;E��V�..;� 1 ....� u,.Ek,°,>„aa-�a-a° s llmum NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree as follows: 1. RECITATIONS INCORPORATED. The recitations above set forth are incorporated in this Conservation Easement as if fully set forth and adopted herein. 2. GRANT OF EASEMENT. The LANDOWNER grant to the GRANTEES, a perpetual Conservation Easement over the PROPERTY on the terms contained in this Deed (the "Conservation Easement"). The Conservation Easement shall encumber the PROPERTY. 3. PURPOSE. The primary purpose of this Conservation Easement is to conserve productive agricultural lands. The secondary purpose of this Conservation Easement is to protect the scenic and natural resources associated with the PROPERTY for the benefit of the public and for future generations as long as they do not conflict with the primary purpose of this Conservation Easement. The LANDOWNER and the GRANTEES share the common desire to conserve these resources by the conveyance of this Conservation Easement, in order to prevent the use or development of the PROPERTY for any purpose or in any manner which would conflict with the maintenance of these resource values. r •o3°.°sa.°€re::=s-.:'sx?:sy_.s�y-vsea reala: s.3sa."xa3a-y W . .:a: g.s .ee:g.rer :. X°.°an.8ANe_��::�ea;>._ 3?:eBl 4 4. RESERVED RIGHTS. The LANDOWNER reserves for ;.:::.:.:_ " ;?;£3 = successors in interest all rights with respect to the PROPERTY or any part thereof, including without limitation the right of exclusive possession and enjoyment of the PROPERTY or any part thereof and the right to sell, transfer, lease, mortgage or otherwise encumber the PROPERTY or any part thereof, as owner, subject to the restrictions and covenants set forth in this Conservation Easement Deed. This Conservation Easement does not grant the general public any right to enter upon any part of the PROPERTY. This Conservation Easement does not restrict an owner of the PROPERTY or part thereof from imposing further restrictions upon conveyance or otherwise. 5. RESTRICTIONS APPLICABLE TO THE PROPERTY. By this Conservation Easement, the LANDOWNER agrees to restrictions that apply to the "Farmstead Complex" and additional restrictions that apply only to the "Farm Area(s)", as set forth in Section 6. The LANDOWNER may take certain actions relating to the PROPERTY only after giving the Conservancy prior notice or obtaining the CONSERVANCY'S prior consent. 6. DEFINITIONS. As used in this Conservation Easement, the term LANDOWNER includes the owner of fee simple title and of any beneficial equity interest in the PROPERTY or any portion thereof, and includes the original GRANTOR, its heirs, successors and assigns, all future owners of all or any portion of the PROPERTY, and any parry entitled to possession or use thereof, and the term "GRANTEE" includes the original GRANTEE and its successors and assigns. The term agricultural purposes means planting, raising, harvesting and producing agricultural, aquacultural, horticultural and forestry crops and products of every nature and description, breeding, raising, training, pasturing, grazing, boarding and sale of horses and livestock of every nature and description; equestrian activities (including horseback riding instruction, husbandry and other [non- commercial] equestrian activities); breeding and raising bees, fish, poultry and other fowl; and the primary processing, storage and sale, including direct retail sale to the public of crops and products, which are primarily harvested and produced on the PROPERTY and in addition, those agricultural purposes provided for in Section 301 of the New York State Agriculture and Markets Law. The term faun labor housing means structures used to house seasonal and/or full-time employees where such residences are provided by the farm LANDOWNER and/or operator, the worker is an essential employee of the farm LANDOWNER and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile home used as the primary residence of a farm owner is not farm labor housing. The term sound agricultural practices means practices necessary for the on-farm production, preparation and marketing of agricultural commodities. A practice is considered to be sound if it is legal, necessary, does not cause bodily harm or PROPERTY damage off the farm, and achieves the intended results in a reasonable and supportable way. �; $. {Fs 'de:e HU 3.::.:^' e :-:�EPE'€E::g: �nnn -jSip'°a A d g eed0d d p n:(.'[:x:Fyaca AY.^.e^ 4 y a»oj»ea::.a'ti:a,a,.e�.avye€ ¢¢£ a 4 3 E 8 E 3 4 �' 8°3 sesil�-7•F• � y '�` !@ < E E I& ,,. ° I a, € 1 a �. p pSr€,,o, €_§ �:nu, Pa ° pre ,a�@f.y@8�eaeeEd� T6� {F�I°°E10,150EH 3 p E.•eEx' i o p. i 1 �:W.K. �:, E '88 ea :,,. A B •• ` �avx�x4 �r. adeno&6.°.e. f <� ••• -. . ar�xa.e a a ee€t� ( a s:c:. rsLa:a.a.a..�-.:e^.E.�d� u:a ..['a. s,«°.,.8.a ,n@a�- -:_<<.a..a ..dz«us.:ls�.,v.9` ...- 7. PERNHTTED USES. 5 Permitted uses of the PROPERTY vary depending on where on the PROPERTY the use occurs. The PROPERTY is divided into two principal areas, which are depicted on the Easement Map attached hereto as Exhibit `B". 1) the Farmstead Complex, described in Exhibit "A" attached hereto, centered around existing or proposed farm structures and residential dwellings; 2) the Farm Area, described in Exhibit"A" attached hereto,which comprises the majority of the PROPERTY. 7.1 Within the "Farmstead-Complex": 7.1.A. Farming Practices. The LANDOWNER have the right to produce crops, livestock and livestock products and conduct farm operations as defined under Section 301 of the New York State Agriculture and Markets Law ("the Agriculture and Markets Law"), or such successor law as is later promulgated, which includes but is not limited to the right to establish, reestablish, maintain, and use cultivated fields, orchards, and pastures. Said farming practices shall be carried out in accordance with sound agricultural practices, together with the right to construct, maintain and repair farm access roads for these purposes. 7.1.B. A ricultural Structures & Im rovements. The LANDOWNER have the right to maintain, repair and enlarge all existing buildings and improvements and to construct, maintain and repair new agricultural buildings within the Farmstead Complex. Said structures shall be used solely for agricultural purposes or other purposes directly related thereto, including but not limited to the -processing or sale of farm products. Notwithstanding the provisions of this Section, said structures may be adaptively used for farm labor housing as defined in Section 5 herein, and/or for non-agricultural home occupations or cottage industries as defined in Section 6.1.G herein. The land on which these structures stand shall not be subdivided from the Farmstead Complex. 7.1.C. Fences. Existing fences may be repaired and replaced, and new fences may be constructed or installed anywhere in the Farmstead Complex for purposes of reasonable and customary management of livestock and wildlife, and to prevent trespassing on the PROPERTY. 7.1.D. Single Family Principal Residential Dwellings. The LANDOWNER have the right to construct new single-family principal residential dwellings (subject to applicable laws)within the Farmstead Complex and to repair or enlarge them,provided, however, in no event shall there be more than two (2) single family principal residences within the Farmstead Complex. The LANDOWNER have the right to establish and carry out home occupations or cottage industries within said permitted principal residential dwellings provided said activities are compatible with the rural character of the PROPERTY and subordinate to the residential use. Two of the single family residences referenced to herein may be subdivided from the Farmstead Complex. 7.1.E. Farm Labor Housing. The LANDOWNER have the right to repair, enlarge or replace any or all existing dwellings or structures used for farm labor housing within the Farmstead Complex (subject to applicable laws). New single or multi-family dwellings or structures to be used as farm labor housing may be constructed within the Farmstead Complex. Existing non-habitable structures may be adaptively reused to create farm labor 6 housing, subject to applicable laws. The land on which these structures stand shall not be subdivided from the Farmstead Complex. 7.1.F. Aericulture-related Commercial Activities. The LANDOWNER have the right to establish and carry out agriculture-related commercial activities and build or install structures necessary for the same within the Farmstead Complex. Such activities include, but are not limited to, the storage and sale of farm produce and related products, processing and packaging of farm produce, farm machinery repair, and saw mills. The land on which these structures stand shall not be subdivided from the Farmstead Complex. 7.1.G. Customary Home Occupations or Cottage Industries. The LANDOWNER have the right to establish and carry out home occupations or cottage industries within the Farmstead Complex, provided said activities are compatible with the rural character of the PROPERTY and the agricultural or forestry uses of the PROPERTY. Examples of customary home occupations or cottage industries are, without limitation, professional offices within the home, bed and breakfasts, and crafts production. The land on which these structures stand shall not be subdivided from the Farmstead Complex. 7.1.H. Recreational and Educational Uses, The LANDOWNER have the right to construct, maintain and repair structures for customary rural recreational and educational uses within the Farmstead Complex. These uses may include, but are not limited to, cross- country skiing, horseback riding, camping, home schooling, day care, farm tours, agricultural classes, hunting, game preserves, fishing, trapping, nature interpretation, and other educational programs. The land on which these structures stand shall not be subdivided from the Farmstead Complex. 7.1.I Water Resources. The LANDOWNER have the right to utilize, maintain, establish, construct, or otherwise improve water sources, courses, and bodies, including the construction of ponds or reservoirs, within the Farmstead Complex for uses expressly permitted herein and in accordance with applicable laws. Water may be sold for commercial purposes provided that the extraction and sale do not conflict with the agricultural use of the PROPERTY and that it is done in accordance with applicable laws. 7.1.J. Utilities Driveways, Roadways. The LANDOWNER have the right to construct and repair utilities, driveways and/or roadways necessary to serve any permitted uses in the Farmstead Complex, as listed herein. Such utilities include water lines, sewer lines, electric lines, wells and septic systems. 7.1.K Notice of Changes to the Farmstead Complex. At least ten (10) days before commencing any new commercial or education use (including home occupation, cottage industries, and recreational uses associated with a commercial or educational enterprise) or constructing any residence, accessory, structure exceeding 1, 000 square feet in gross floor area or parking area that includes more than eight new parking spaces, the LANDOWNER shall give written notice to the CONSERVANCY of their intent to do so, along with a map showing the location and approximate size of the proposed commercial or educational use, residence, structure, or parking area. 7.2. Within the "Farm Area": 7 7.2.A. Farming Practices. The LANDOWNER have the right to produce crops, livestock and livestock products and.conduct farm operations as defined herein pursuant to the term agricultural purposes as set forth in Section 5 of this Easement together with the right to construct, maintain and repair farm access roads for these purposes. Said farming practices shall be carried out in accordance with sound agricultural practices. 7.2.B. Forestry Management. The LANDOWNER have the right to harvest timber and other wood products and construct, maintain and repair farm access roads necessary for such activities, in accordance with generally-accepted forest management practices that shall not result in significant soil degradation, or degradation of the forest ecosystem. Said timber cutting shall be carried out in accordance with a forest management plan prepared by a reputable and qualified forester who is a member in good standing of the Society of American Foresters and/or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation, except that the LANDOWNER may clear forested areas within the Farm Area for immediate conversion to farmland, may harvest firewood, or timber for use in building or container repair and/or construction, and may remove trees that are diseased or dangerous, all without being subject to such a plan. 7.2.C. Ap-ricultural Structures & Improvements. The LANDOWNER have the right to construct, maintain, and repair buildings and other improvements solely for agricultural purposes, within the Farm Area, and in accordance with sound agricultural practices with the advance written permission of the Conservancy. The Conservancy shall decide upon a request for permission with respect to the above within 30 days from receipt of written request, provided that the LANDOWNER have supplied sufficient information to make such a determination, unless the Conservancy determines that the proposed building or structure is not consistent with the purpose of this easement, would be unnecessarily located on farmland soils of statewide importance, or would otherwise significantly diminish the agricultural production capacity of the PROPERTY. Permission shall be deemed granted if no decision is communicated to the LANDOWNER within 30 days once sufficient information is received on which to base a determination.. The land on which these structures stand shall not be subdivided from ownership of the farm area, except as outlined in Section 8.1.A herein. 7.2.D. Fences. Existing fences may be repaired and replaced, and new fences may be constructed or installed anywhere in the Farm Area for purposes of reasonable and customary management of livestock and wildlife, and to prevent trespassing on the PROPERTY. 7.2.E. Farm Labor Housing. The LANDOWNER have the right to construct, maintain and repair new single and multi-family dwellings or structures to be used solely for farm labor housing within the Farm Area. The construction or enlargement of any such structure shall require the advance written permission of the Conservancy. The Conservancy shall decide upon a request with respect to above within 30 days from receipt of written request,provided that the LANDOWNER have supplied sufficient information to make such a determination, unless the Conservancy determines that the proposed building or structure would be unnecessarily located on farmland soils of statewide importance, or would otherwise significantly diminish the agricultural production capacity of the PROPERTY. Permission shall be deemed granted if no decision is communicated to the LANDOWNER within 30 days after a determination has been made that sufficient information was received 8 to make a determination. The land on which these structures stand shall not be subdivided from ownership of the farm area, except as outlined in Section 81A herein. 7.2.F. Single-faUlk Residential Dwellings. No single-family residential dwellings maybe constructed within the Farm Area, except as specified in Section 6.2.E. 7.2.G. Recreational and Educational Uses. The LANDOWNER have the right to conduct customary rural recreational and educational uses within the Farm Area with the advance written permission of the CONSERVANCY provided that such uses do not interfere with agricultural operations and do not require the construction of any new structures. These uses may include, but are not limited to, cross-country skiing, horseback riding, camping, farm tours, agricultural classes, hunting, game preserves, fishing, trapping, nature interpretation, and other educational programs. However, golf courses and golf driving or putting ranges are strictly prohibited from the PROPERTY. The CONSERVANCY shall give written permission with respect to the above within 30 days from receipt of written request, provided that the LANDOWNER have supplied sufficient information to make such a determination, unless the CONSERVANCY determines that the proposed use would be unnecessarily located on farmland soils of statewide importance, or would otherwise significantly diminish the agricultural production capacity of the PROPERTY. Permission shall be deemed granted if no decision is communicated to the LANDOWNER within 30 days after a determination has been made that sufficient information was received to make a determination. The land on which these uses occur shall not be subdivided from ownership of the farm area, except as outlined in Section S.I.A herein. The land on which these uses occur shall not be subdivided into separate or individual lots. 7.2.H. Water Resources. The LANDOWNER have the right to utilize, maintain, establish, construct, or otherwise improve water sources, courses, bodies and irrigation within the Farm Area for uses expressly permitted herein, provided such activities are carried out in accordance with sound agricultural practices. i 7.2.I Showing of Necessity of LocatinLy Use Within Farm Area. In addition to any other conditions required hereunder, in order to receive permission to conduct non- agricultural uses in the Farm Area, the LANDOWNER must demonstrate to the CONSERVANCY that such uses or structures cannot be adequately accommodated within the Farmstead Complex and will not interfere with the fulfillment of the purposes of this Conservation Easement. 7.3 Notice To County: 7.3.A. Notice To The County Pursuant To Easement. In those instances where a notice is required to the CONSERVANCY, pursuant to any provision of this Easement, whether to advise the CONSERVANCY of a given circumstance or to seek its permission to take a certain action, the CONSERVANCY, shall promptly upon such notification, so notify the County in writing. 9 LANDOWNERLANDOW NERLANDOWNERLANDOWNERLANDOWNERLANDOW NERLANDOWNERLANDOWNERLAND OWNERLANDOW NERLANDOWNERLAND OWNERLANDOW NERLANDOWNER 8. QUALIFIED CONSERVATION CONTRIBUTION COVENANTS. 8.1. Continuity. The GRANTEES agree that they will assign their rights under this Conservation Easement only to an assignee that: (a) is a qualified organization as defined in Section 170(h) of the Internal Revenue Code and which (b) agrees to continue to carry out the conservation purposes of this Conservation Easement as defined under Section 170(h) and the regulations thereunder and (c) which, in the event of an assignment by the CONSERVANCY, has been approved by the COUNTY as a successor to the CONSERVANCY. Any assignee other than a governmental unit must also be an entity able to enforce this Conservation Easement, having purposes similar to those of the CONSERVANCY which encompass those of this Conservation Easement. If the CONSERVANCY ever ceases to exist or no longer qualifies under Section 170(h) or applicable state law, its rights under this Easement shall vest in the COUNTY as set forth in paragraph 8.6 hereof. 8.2. Notice. The LANDOWNER shall give the CONSERVANCY written notice before exercising any reserved right, the exercise of which may have an adverse impact on the conservation interests of this Conservation Easement. The LANDOWNER shall notify the CONSERVANCY of any conveyance, lease or transfer of all or any part of the PROPERTY, such notice to be given in writing at least thirty (30) days in advance of such conveyance, lease or transfer. Any notice required or desired to be given under this Conservation Easement shall be in writing and shall be deemed given when received or three days after mailing, by public or private delivery service which provides receipt of delivery, properly addressed as follows: (a) if to the CONSERVANCY, at the address set forth above; (b) if to the LANDOWNER, at the. address set forth above; or (c ) if to any subsequent owner, at the address of the PROPERTY. Any parry can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this paragraph. 8.3. Inspection. The CONSERVANCY, the COUNTY and the Department of Agriculture and Markets, and their duly authorized representatives shall have the right to enter onto the PROPERTY at reasonable times, in a reasonable manner, and, where practicable, after giving a minimum of 48 hours prior notice, to inspect for compliance with the terms of this Conservation Easement. In the instance of a violation or suspected violation of the terms of this Conservation Easement, which has caused or threatens to cause irreparable harm to any of the resource values this Conservation Easement is designed to protect, no such advance notice is required. 8.4. Extinguishment. If a subsequent unexpected change in the conditions surrounding the PROPERTY make impossible the fulfillment of the conservation purposes of this Conservation Easement, and if the restrictions are extinguished by judicial proceeding, then, upon any subsequent sale, exchange or involuntary conversion by the LANDOWNER, the County shall be entitled to that portion of the proceeds equal to the proportionate value of the conservation restrictions as provided immediately below. For such purposes only, the LANDOWNER agree that the conveyance of this Conservation Easement to the County 10 gives rise to a PROPERTY right, immediately vested in the County, with a fair market value that is equal to the proportionate value that the conservation restrictions hereby created at the date hereof bears to the value of the PROPERTY as a whole at the date hereof(subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the PROPERTY). The County agrees to use its share of such proceeds in a manner consistent with the conservation purposes of this Conservation Easement. The cessation of farming on the PROPERTY shall not be construed to be grounds for extinguishment of this Conservation Easement. 8.5. Interpretation. This instrument is intended to create a "qualified real PROPERTY interest" for "conservation purposes" as defined in Section 170(h) of the Internal Revenue Code, and shall be interpreted consistently with such intention. In the event any provision has been omitted from this instrument necessary to qualify the interest hereby granted as such a "qualified real PROPERTY interest" for "conservation purposes," such provision shall be deemed incorporated herein to the extent necessary to cause the interest hereby granted to be so qualified. 8.6. Transfer of Development Rights. No development rights in and to the PROPERTY, or any part thereof which have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the PROPERTY, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights. IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first above written. x,x �,. ��, A:t� §� @4L i@6f . 3.$ @ A6 „.;>da'?9.£`l.e?i..''exI..S.eu`€sL,.'<¢.<=x3ps:=s..._:,:..v;_tsF:,.,€�i.i:,es.,§e:.;Fr.§e�'e't,<s.f�FrFF<<e;€.F',Fs•==•x>j.i;=..§e•ts•pI•�a.,B:.ee,e..as,e,:E,,rc�c..h.in.1$":==,,ti u€�;S7�3 ti�tetrgg9c.I. <n�:t.t.g::.1s.gs.='€'s�,=.;sF:, a@ t��na,S.t...et Het,`�e,r.6 t§31:�t;:.3c.z..:�£_:.$F%.t£:?.y°F%a:?j�°>?2n.n., are:9radat 8e9tB:.aate..°a.iS. :e.e.gBB�F N�€§•IM D 41«.FF N 4d919:4.ri l%f F 8s, .a'cta°@8°:tte �¢ 1110 98 C`0 115"11§iA kV I 4i . eE. H. 8qP`en�,e^ £ sxtx �Ax �.�..n.. • dse £tgtB �a " '��'e ' Ey_ {{»:»'3.t 3.scs S es "BBB `•P=.ie.BY�t:t.6.t::�xEL2:e:u�'<• 3s sn r °a =�t I: I €�x•x,..33.m� �8`�� �� s : } a 0 y a r,$�xt "t; p§,"'« � .�asF?�=..:F�;;a .��s�e:aSaaaea!@s�;��:'•.=::t§€���e'.=.'.��ss=s���.� : ,ms. ,�€�d E e.Ea sa ,, �e�a: r.A:A@ A.p46@LBL�"nn.. 8k — '6P':?:3« 3 «§.gw §£e°" :ti.€?3tsFd"t �3 .3: WN f- -€•cc £•.°•111111111 .^. ar°e§e6§axg �%°i a:a.:R'1111 111 :ti ¢a'g�°�`� < ss'�is§;"ii13 �E' 'k 1�=�_£€ f'�'� .i.§,ra a�� g ,F'exp: §°g. f £Iu :.�'�a s'°=o ve� vae�E,��f? x 3=1==�8r ' € c£1x iE' S in 8�°FNI€ I xIII ., 8 £R'1111$`1£i111iII£;E.:»'„' 1`'11I'?iala;ee ememi911-1 eegma•:m.::F€<€?e�;:i�£i�..'.�� �€.££.. .£. ». a a.e.a6a,a.e x��E.�a...t.....::.t.»;6.ss,asud�. 11 ACKNOWLEDGEMENTS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On June_, 2003,before me, the undersigned,personally appeared JOSEPH RUGGIERO known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On June_, 2003,before me, the undersigned,personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On June , 2003, before me, the undersigned,personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 12 13 I"AGGI, MARTIN & DEL BENE, LLP. CONSULTING , SURVEYORS 56 MAIN STREET POUGHKEEPSIE,NEWYORK , r PHONE :4 090 Memo RECEIVED MAR 10 200. SUPERVISOR'S OFFICE T« Hon.Joseph Ruggiero, Supervisor-Town of Wappinger VIA FAXTRftfiE WAPPINGER From Peter J.Paggi CC: Town Board: File Hon.Gloria Morse,Town Clerk Gerald Terwilliger,Town Comptroller Greystone Programs, Inc.--attention: Mr. Rod Tortarella Data: 03107/03 Roe Underground Storage Tank U3 Tightness Testin Greystone Property:Wheeler Hill Road,Town of Wappinger Comments: . Please be advised that tank tightness testing was performed on the Greystone 10,000 gallon underground fuel storage tank(US't) on Monday, March 3,2003 by the Ira D. Conklin Co. As per our telephone conversation of that date,our office was informed by Conklin that the tank failed the test. As required by law, the Contractor reported this test failure to the NYS Department of Environmental Conservation,who enter the information in their"spill"registry. The Contractor noted that the leak was above the liquid level in the tank, and could be the result of leaking plumbing connections rather than a leak in the tank itself. He suggested that the best way to deal with the situation is to dig up the tank, disconnect all plumbing connections (e: fill lines, vents, manways) and perform another tightness testing. The cost to perform this additional testing would be $2,050.00 (see enclosed Proposal). While they have not provided our office with a written estimate to replace the tank completely,the representative from Ira D. Conklin stated that it could easily be In the range of$50,000 to$70,000. Please keep in mind that this tank was reputedly installed in 1959. 1 have been in contact with Ms. Barbara Yukoweic of the NYSDEC, and have advised her of all actions taken to date. I have also informed her that we would be presenting all this information to the Town Board to determine how you would like us to proceed in the matter. Please feel free to contact this office if you have any questions or comments regarding this matter. Thank you, 0 Page 1 __.......... .:. .. MAR-�s"�da3 1�=4tf 1hfH U; [JJI4KLlN 2S, -�DUNb tiYl,,�_. 1124 Jb7 �lrJJl r.b1�L'fl Ira D. Conklin & Sons, Inc.y 66$1 Qmmm SOJWSM 94 8Hudwa t m te4, SAANY 13211 PO Bax 7457 Uma ---�_.- (3f6)437.0288 Nftw*i NY 12WO 708 Flat$hat Fax(31f)43740 (5W)677-7746 U&M,NY 136o 1 (316)73WO Q 431 Fax(648)561-179 Fw(3-15�MaWp uatt ID F H AMprepared Oa QuOte'I�tk x'mh OS, 2003 F Mazttn Dei Bene t�)p H111 To Paw Dal ;sblp To couwting ATTN:Few pso Paggi Martin Det Be.. Lip Siaoeta lead Survey ATTM,Peter 36 Main SmW ars Conealdag Engirum IaDd ftao Ctrnt� Peter paggi 36 Main Street Sots CaO,PD P1M01ee $454717893 Fu 845 4710905 Sub Tack-Uawgylsoietc and rt-test eaola+ti� . g maderground Ip,opp 8a11on heRtiag vit tank. Q.xatlty m'twu�factnr,er Iter, bvom P*!a Extended lab"1�t fi uncover ex#gti:tg l 0'000 9404bMMS OU tank est Sg$n6 e+e-test tank >�-Test of tante mer Uxtcov��Isolated 45 - 50.00 TaW: 3Z,03U.Ofi Apprvved B Die A nDved Credit Coro: Yiia meter Card D' scorer Card Nwbber: PMO Nwber(Regalra Cast ar klAPpriarat�: E_ -Date: Upon appmw Flew sign t cr-and -- dua upon r vox nu above a it ro c COntB ed BOLI chatgea.All >aot unciude any applicable setas or wde tax, ar Credit Card nuaibrr. Ali t�'oiris are mate Was �rn1i1B and or fes shalt be paid for �' �'�Wd f'reiOt, water,rock or �hecwise noted. �tLc c�torner at cast plus 0%sect are o Quotahtoxa arc valtd,fair 30 no Wudad its the ddysfroth the data�f p,cF�r'atiQrr. fade Y of i TOTI RL P.01