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2023-01-23 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5772 Monday, January 23, 2023 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 Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda ........ ......... ....... ... ........ ..... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of January 9th, 2023 ......... ......... ......... ......... ......... ......... ......... ......... .... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Hearings 1. Motion To: Open Public Hearing Town of Wappinger Page I Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella New Year; New Set of Numbering Amy Bombadieri from the applicant for the development of a property in the Cedar Hill area addressed the board. She explained an informal meeting in Chelsea, she had with residents in that area with residents who supported the 100 acres of open space proposed by the developer. She agued, "By repealing the local law, you limit the amount of open space versus an'As of Right Subdivision'. She added, "By repealing a law without looking at the application in front of you at the same time through the SEQRA process, it's not a complete SEQRA review". Richard Cohen from 374 Cedar Hill road countered Ms. Bombadieri saying there was NOT many people who attended the informal meeting in Chelsea. He supported the real of the Designed Development clause in the town code. Nearby resident, Bernadette Bodie, opposed the use of the 'Designed Development Clause Loophole' to circumvent the R40 zone that is in place there. She supports repeal. Doug LaPerch felt that not enough information has been given to repeal the long standing code that was re-visited in 2010. He argued that, "This code was developed for some reason, the applicant is proposing a large amount of open space". He supports responsible development. He opposed removing the code. Attorney, Ken Stenger, council to the applicant, argued that not enough information is available to make a decision. He added that the process requires a finding of fact. He warned that, "You will want to make this important decision, and you will want to get it right. You will not want to be in a courtroom. It's not me, please, I promise you saying, if you don't give me what I want, I'm in a courtroom. But,that's what happens if you don't get it right." "Because you have an application in front of you that shows for the first time can work, you have to measure the impact of how it might work against it being appealed. You can't just make the decision in a vacuum saying thumbs up, thumbs down." He added that if you're going to repeal this statute, you will repeal the possibility of that 100 acres of forever wild proposed by the applicant. He added that you have to identify it as a fact saying why that's not a negative impact to lose that opportunity. He cited item 11 in the Environmental Assessment Review which states that the repeal will not have an adverse environmental impact with respect to a reduction of an open space resource as designated in any adopted municipal open space plan. The board agreed to enter executive session the discuss the issue. Moved by Councilman Phillips, and seconded by Councilman Casella. The board returned from executive session which was moved by Councilman Casella and Seconded by Councilman Phillips. Town of Wappinger Page 2 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: CLOSED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella V. Adopting Local Law RESOLUTION: 2022-168 Resolution Adopting Negative Declaration For Local Law No. 1 Of The Year 2023 Entitled "A Local Law To Eliminate The Authority For Designed Residential Developments In The Town Of Wappinger" WHEREAS, the Town Board is considering the adoption of a Local Law entitled "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board is the sole agency having authority to approve the Local Law and as such is the lead agency; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form Parts 1, 2 and 3; NOW, THEREFORE, BE IT RESOLVED,that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Law entitled "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Law. AND BE IT FURTHER RESOLVED,that the Town Clerk shall cause the Negative Declaration to be circulated to the involved agencies and to have it published in the Environmental Notice Bulletin as required by the SEQR regulations. The following was read into the record: After reviewing the 2010 Comprehensive Plan, the Town Board feels that the repeal of 240-50 and use of Conservation Subdivisions is the most appropriate method for achieving the affordable housing goals as set forth in the latest Comprehensive Plan. The 2010 Comprehensive Plan considered the Designed Residential Development provisions and suggested that it be changed and other provisions of the Comprehensive Plan recommended a different method to create affordable housing. Town of Wappinger Page 3 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 At page 36,the 2010 Comprehensive Plan states: [T]the establishment of specific mapped affordable/workforce and senior housing overlay districts over a very limited number of single-family districts that would permit a developer to apply for density bonuses in exchange for providing affordable/workforce housing or senior housing in conservation/open space subdivisions on sites located within the districts. In these cases, development below the R-20 District requirements would not be permitted and the projects would each need to include a substantial open space component. The 2010 Comprehensive Plan at page 35 recommends amending 240-50 with a more streamlined approval process as well as enacting Conservation Subdivision provisions. The Conservation Subdivision provisions found at 240-19(B) are more streamlined than 240-50 and are part of the procedure for providing affordable housing set forth above. Conservation subdivisions permit up to four multifamily units per structure. In addition, the threshold criteria for 240-50 regarding collector roads are not consistent with the current Comprehensive Plan and 240-50 does not encourage development in existing centers where they can be served by existing roads, utilities and community facilities. Conservation subdivisions provide an alternative to provide affordable multifamily housing in a manner consistent with the Town's current Comprehensive Plan and gives the Town Board authority to focus the development into existing centers where there is sufficient infrastructure to support the development. The comments of Dutchess County Planning are noted, but it is the opinion of the Town Board that the Conservation Subdivision suggested by the 2010 Comprehensive Plan is a better alternative for advancing sustainable affordable housing in the Town of Wappinger. The foregoing was put to a vote which resulted as follows: .a Vote Record-Resolution RES-2022-168 ❑ Adopted ,,, Yes/Aye No/Nay Abstain Absent Q Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ . .. . .. ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter El .... ❑ ............. ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2022-169 Resolution Adopting Local Law No. 1 Of 2023 "A Local Law to Eliminate the Authority For Designed Residential Developments in the Town of Wappinger." Town of Wappinger Page 4 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board is the sole agency having approval authority for the adoption of the Local Law and declares itself as the lead agency for the SEQR review of the project; and WHEREAS, a Public Hearing was held on December 12, 2022 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration on December 12, 2022; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board 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, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER", as Local Law 1 of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED,that 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 shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED,that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The following was read into the record: After reviewing the 2010 Comprehensive Plan, the Town Board feels that the repeal of 240-50 and use of Conservation Subdivisions is the most appropriate method for achieving the affordable housing goals as set forth in the latest Comprehensive Plan. The 2010 Comprehensive Plan considered the Designed Residential Development provisions and suggested that it be changed and other provisions of the Comprehensive Plan recommended a different method to create affordable housing. At page 36,the 2010 Comprehensive Plan states: [T]the establishment of specific mapped affordable/workforce and senior housing overlay districts over a very limited number of single-family districts that would permit a developer to apply for density bonuses in exchange for providing affordable/workforce housing or senior housing in conservation/open space subdivisions on sites located within the districts. In these cases, development below the R-20 District requirements would not be permitted and the projects would each need to include a substantial open space component. The 2010 Comprehensive Plan at page 35 recommends amending 240-50 with a more Town of Wappinger Page 5 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 streamlined approval process as well as enacting Conservation Subdivision provisions. The Conservation Subdivision provisions found at 240-19(B) are more streamlined than 240-50 and are part of the procedure for providing affordable housing set forth above. Conservation subdivisions permit up to four multifamily units per structure. In addition, the threshold criteria for 240-50 regarding collector roads are not consistent with the current Comprehensive Plan and 240-50 does not encourage development in existing centers where they can be served by existing roads, utilities and community facilities. Conservation subdivisions provide an alternative to provide affordable multifamily housing in a manner consistent with the Town's current Comprehensive Plan and gives the Town Board authority to focus the development into existing centers where there is sufficient infrastructure to support the development. The comments of Dutchess County Planning are noted, but it is the opinion of the Town Board that the Conservation Subdivision suggested by the 2010 Comprehensive Plan is a better alternative for advancing sustainable affordable housing in the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2022-169 ❑ Adopted ,,, Yes/Aye No/Nay Abstain Absent Q Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter ❑ ... El .... ❑ .....,...... ❑ .....,..... ... ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ AlCasella.................................Seconder........Q.................❑.................❑.................❑........ Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted as Amended. VI. Public Portion 1. Motion To: Open Public Portion William Gordon, a representative from the Wappinger Football league came to express his support for a turf football field. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion Town of Wappinger Page 6 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VII. Discussions 1. Motion To: Approve 2 signs for Veteran's Parking Sign at Town Hall for $75 each Todd Bowen addressed the board to explain the details of the sign. He passed a document to the board but nothing was given to the Town Clerk for publishing in these minutes. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Grants for all Veteran's Organizations Kevin Hathorn asked the board for ideas on grants for all Veteran's organizations for capital programs. RESOLUTION: 2023-35 Resolution Authorizing Water Tenancy Agreement For 8 Barrister's Row, 3 Mac Farlane Road And 9 Mac Farlane Road WHEREAS, 8 Barrister's Row, 3 Mac Farlane Road and 9 Mac Farlane Road are supplied with water from a well that has contaminants and is not potable; and WHEREAS, the Owners have requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District ("UWWD") to serve their properties at 8 Barrister's Row, 3 Mac Farlane Road and 9 Mac Farlane Road until such time as the United Wappinger Water District is extended to include their properties; and WHEREAS, the connection of the Property to the UWWD water main located in a Town Easement a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11); and WHEREAS, the Attorney to the Town drafted a Water Tenancy Agreement to supply water to the properties. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11). 2) The Town Board hereby approves the Water Tenancy Agreement with the Owners in the form attached hereto. 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). Town of Wappinger Page 7 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Water& Sewer Department and Building Department to establish the necessary water account. 5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-35 Q Adopted ,,, Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ .... . ❑ Defeated William H ... .. .. Beale Voter Q ❑ ❑ ❑.. ❑ Tabled Angela Bettina Seconder ..... El .... ❑ ............. ❑ ......,..... ❑ ... .... . ❑ Withdrawn Christopher PhillipsVoter Q ❑ ❑ ❑ Al Casella............................... .Mover.. ......Q..... ❑..... ❑...... ❑..... Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-32 Resolution Authorizing Execution Of Dog Control Housing Agreement With Mutts Mansion Inc. WHEREAS,the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, Mutts Mansion Inc. (hereinafter Mutts Mansion) maintains a kennel for boarding of dogs and other animals at its office located at 1031 Route 376, Wappingers Falls, New York 12590; and WHEREAS, in accordance with Agriculture and markets Law § 115(2), the Town Board wishes to contract with Mutts Mansion to provide shelter for dogs seized by the Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with Mutts Mansion to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, a Dog Control Housing Agreement has been presented to the Town, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above-described. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Dog Control Housing Agreement, in the form annexed hereto, and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a copy of the Agreement to Mutts Mansion along with a certified copy of this Resolution. Town of Wappinger Page 8 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-32 Q Adopted ,,, Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Mover Q ❑ ❑ ❑ .. . ... ... .. ..... .... ❑ Defeated William H.Beale Voter Q ❑ „❑ ❑ ❑ Tabled Angela Bettina Voter El .... ❑ ............. ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al I'llCasella............................... .Mover.. ......Q..... ........❑..... ......❑................ ....❑........ Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted. 5. Major Project Updates - Frazier Steve Frazier addressed the board and spoke about his projects. 6. Bus Stop Shelters - Frazier No updates on bus-stop shelters. 7. Motion To: Hire Edward Scee for Buildings and Grounds Department ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 8. Motion To: Authorize the Attorney to prepare bid specs for the use of the $50K portion of Carnwath Tim Moot explained that the Grant could not be used for Veterans to qualify for the funding because it would have to be for low to moderate income. Senior center could not be replaced with community center to qualify. The $50,000 can be used to lay infrastructure and could be used. The board moved on this to prepare bid specs. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 9. Proposal for RFP for Town Planner, Attorney, and Engineer - Casella Town of Wappinger Page 9 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 Eric with Bartman and Deljuidice explained his planning and engineering firm. No decision was made as to preparing the RFP. 10. Myers Run Subdivision Drainage District - Thurston RESOLUTION: 2023-34 In the Matter of the Establishment of the Myers Run Drainage District WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed Drainage District, to be known as the Myers Run Drainage District (hereinafter, the "District"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report accompanying the same and addendum thereto, have been filed in the office of the Town Clerk and are available for public inspection;and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed District, a general plan to serve said District, and a report of the proposed method of operation thereof, and were prepared by Clark Patterson Lee, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said District shall be the parcels of real property described as Tax Gid Parcel No. 135689-6258-04-976478 and Tax Grid Parcel No. 135689-6358-03-032492, consisting of approximately 22.9 acres of land,which is located on the southerly side of Myers Corner Road in the Town of Wappinger, County of Dutchess, State of New York outside of any incorporated village or existing drainage district and entirely within the Town of Wappinger (the "District Area");and WHEREAS, the improvements proposed for said District consist of the construction of a stormwater treatment pond and other associated drainage improvements, all as more fully described in the map,plan and report hereinbefore described; and WHEREAS,the maximum estimated cost of said improvements is $85,440.00 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 District to the typical property therein is $231.60 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and $231.60 to a one or two family house therein, all properties in the District being single family houses; and WHEREAS,a detailed explanation of the manner by which were computed said estimated first- year costs to the typical property 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 establishment of the District was determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed,the Planning Board has determined will not result in a significant environmental effect; and WHEREAS,it is now desired to call a public hearing upon the question of the establishment of said District,the petition therefor, and the improvements proposed therefor, all pursuant to Section 193 of the Town Law;NOW,THEREFORE,BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 27th day of February, 2023, at 7:00 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of the District in said Town as described in the Town of Wappinger Page 10 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 preambles hereof, to be known as the Myers Run Drainage District, the petition therefor, and the improvements proposed therefor, and to consider the map,plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-34 Q Adopted „ ,,,,,,,,,,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale..................... Voter Q ❑. ....,.... ..❑.. ....,.... ..❑.... ... ....... ........ ....... ........ ....... ......... ....... .. ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ I'llAl Casella.................................Voter.............Q.................❑.................❑.................❑........ Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted. 12. Schedule February 27th Board Meeting as Workshop for eCode - Thurston The plan is to update sub-division codes, fees, and fines. VIII. Resolutions RESOLUTION: 2023-9 Resolution To Authorize The Town Supervisor, Town Highway Superintendent And Town Board To Execute The Agreement For The Expenditure Of Highway Moneys WHEREAS, pursuant to Section 284 of the Highway Law, the Town Board and the Town Highway Superintendent are required to enter into a written Agreement stating the places and manner in which the Highway fund appropriation for repairs and improvements are to be expended; and NOW, THEREFORE BE IT RESOLVED, that the Town Highway Superintendent and the Town Board agree that the monies levied and collected in the Town for repair and improvement of highways, and received from New York State for State Aid for the repair and improvement of Highways shall be expended in accordance with the annexed Agreement for the Expenditure of Highway Moneys; and Town of Wappinger Page 11 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 BE IT FURTHER RESOLVED, that the Supervisor and the Town Board are hereby authorized and directed to execute the attached AGREEMENT FOR THE EXPENDITURES OF HIGHWAY MONEYS in duplicate and file said agreement with the Town Clerk; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward one executed Agreement to the Dutchess County Commissioner of Public Works in his capacity as County Superintendent of Highways. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-9 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter El ❑ ❑ ❑ ❑ Defeated William H.Beale........................Mover...,........Q.......,........❑..... ❑..... ❑..... 11 El Tabled Angela Bettina......................... .Voter.............Q..................❑..... ❑.......,.......❑.... ❑ Withdrawn Christopher Phillips Seconder........Q..... .........❑...................❑...................❑........ Next:2/13/23 7:00 PM Al Casella............................. . .Voter.... ......Q..... ❑..... ❑...... ❑..... Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-30 Resolution Honoring Black History Month In The Town of Wappinger February 2023 WHEREAS; each February, Black History Month celebrates the many achievements and contributions made by African Americans to our economic, cultural, spiritual, and political development and is deserving of recognition and honor; and WHEREAS; Black History Month grew out of the work of prominent African Americans including noted historian Carter G. Woodson, who founded what is known today as the Association for the Study of African American Life and History, and who founded an initial commemorative week that inspired schools and communities nationwide to organize local festivities, establish history clubs and, host performances and lectures that have since morphed into a month-long celebration; and WHEREAS; in 1976, President Gerald R. Ford officially recognized Black History Month and called upon the public to "seize the opportunity to honor the too-often neglected accomplishments of black Americans in every area of endeavor throughout our history;" and; WHEREAS; a key element of dialogue on Race, Equity, Diversity and Inclusion is celebrating the diversity of cultures that we are proud to have as part of our community, and promoting an inclusive community in which all residents-past, present, and future-are respected and treated equally; NOW, THEREFORE, be it resolved that I, Supervisor Richard L. Thurston and the Wappinger Town Board, do hereby acknowledge Black History Month in the Town of Wappinger, and encourage our residents to honor and commemorate the history of African Americans in our community, state and nation. Town of Wappinger Page 12 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2023-30 Q Adopted ,,, Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard ThurstonMover Q ❑ ❑ ❑ ❑ Defeated William H.Beale........................Mover... Q ❑ .... ❑ .. ❑ .. ❑ Tabled Angela Bettina Seconder ..... El .... ❑ ............. ❑ ......,..... ❑ ... ❑ Withdrawn Christopher PhillipsVoter Q 0" 0" 0" Al I'llCasella............................... .Voter.... ......Q..... ........❑..... ......❑............... ....❑........ Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-31 Resolution Authorizing Release Of Security Posted WHEREAS, by Resolution No. 2021-85, the Town Board previously accepted a Performance Agreement secured by Cash Deposit dated June 13, 2021, executed by Eric Hartmann, as Sole Member of Maric, LLC, in the sum of Sixty Thousand Dollars ($60,000),to ensure compliance with the new lighting standards and the replacement of light fixtures in accordance with the Town of Wappinger Zoning Code; and WHEREAS, Maric, LLC has complied with the terms of the Performance Agreement; now, therefore BE IT RESOLVED,that the Town Board hereby acknowledges that Maric, LLC has complied with the terms of the Performance Agreement and authorizes the Cash Deposit in the sum of Sixty Thousand Dollars ($60,000)to be released. The foregoing was put to a vote which resulted as follows: .a Vote Record-Resolution RES-2023-31 Q Adopted ,,, Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Mover Q ❑ ❑ ❑ . .. . .. ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter... . ..... El .... ❑ ............. ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted. IX. Approval of the Correspondence Log RESOLUTION: 2023-33 Correspondence Log Town of Wappinger Page 13 Printed 2/9/2023 Regular Meeting Minutes January 23, 2023 Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Log - 2 23-01- Number TO From Date Date Ree" Re: Agenda Date 01-23-001 Town Board Richard Cullen 11212023 1/512023 Public Hearin g Comments to Local Law 1123/2023 01-23-002 Town Board Lavelle&Finn,LLP 114/2023 1/612023 RE:Pa.YoBoCo,hic-30-Day Notice Form 1123/2023 01-23-003 Town Board Central Hudson 111/2023 1/912023 Tom of Wappikiger Uiidertakmq. 1123/2023 01-23-004 Town Board Wappikiger Tom Court 12123/2022 111712023 Court Re orfs and Certificates 1123/20231 01-23-005 Town Board IChelsea Fire District 1111/20231 1J1 112023,Le al Notice 1123/2023 01-23-006 Town Board Lee Anne Fruo 111212023 11212023 I December 2022 School Tax Report 1123/2023 01-23-007 Town Board Lee Anne Fruo 111212023 11212023 Jaiiuuy 2023 School Tax Report 1123/2023 01-23-008 Town Board Kenneth M.Sten qer,ESO 1118/2023 1118I2023 Mid-Hudson Developmut Corp. 1123/2023 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 R-ES-2023-33 El Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended Richard Thurston Voter El0 0 ❑ • Defeated William....H("Beafe...................... ..Voter.... ..Q.. .................❑0....... ........0.................0....... • Tabled0 ela Bettina Mover El ❑0 ❑0 0 -............................................................................................................................... • Withdrawn Christopher Phillips Seconder El ❑0 ❑0 0 ................. Al Casella Voter..... ..........'l...................❑...................❑.................. E0 .❑0........ Dated: Wappingers Falls, New York January 23, 2023 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration/New Business X1. Executive Session 1. Motion To: Enter Executive Session .................................................................................................................................................................................................................................................................................................................................... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session Town of Wappinger Page 14 Printed 21912023 Regular Meeting Minutes January 23, 2023 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella XII. Resolution Approved After Executive Session 1. Motion To: Ratification of CSEA Contract Local 814 Nothing was given to the Town Clerk for publishing in these minutes. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [4 TO 01 MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, Angela Bettina, Christopher Phillips, Al Casella ABSTAIN: William H. Beale 2. Motion To: Ratification of Teamsters Contract 445 Nothing was given to the Town Clerk for publishing in these minutes. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella XIII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:55 PM. Joseph P. Paoloni Town Clerk ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 15 Printed 2/9/2023 5.1 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Local Law Adoption Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors: RESOLUTION 2022-168 Doc ID:5882 Resolution Adopting Negative Declaration For Local Law No. 1 Of The Year 2023 Entitled "A Local Law To Eliminate The Authority For Designed Residential Developments In The Town Of Wappinger" WHEREAS, the Town Board is considering the adoption of a Local Law entitled"A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board is the sole agency having authority to approve the Local Law and as such is the lead agency; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form Parts 1, 2 and 3; NOW, THEREFORE, BE IT RESOLVED,that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Law entitled "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Law. AND BE IT FURTHER RESOLVED,that the Town Clerk shall cause the Negative Declaration to be circulated to the involved agencies and to have it published in the Environmental Notice Bulletin as required by the SEQR regulations. The following was read into the record: After reviewing the 2010 Comprehensive Plan, the Town Board feels that the repeal of 240-50 and use of Conservation Subdivisions is the most appropriate method for achieving the affordable housing goals as set forth in the latest Comprehensive Plan. The 2010 Comprehensive Plan considered the Designed Residential Development provisions and suggested that it be changed and other provisions of the Comprehensive Plan recommended a different method to create affordable housing. Updated: 1/24/2023 9:24 AM by Joseph P. Paoloni Page 1 Packet Pg. 16 5.1 Resolution 2022-168 Meeting of January 23, 2023 At page 36,the 2010 Comprehensive Plan states: [T]the establishment of specific mapped affordable/workforce and senior housing overlay districts over a very limited number of single-family districts that would permit a developer to apply for density bonuses in exchange for providing affordable/workforce housing or senior housing in conservation/open space subdivisions on sites located within the districts. In these cases, development below the R-20 District requirements would not be permitted and the projects would each need to include a substantial open space component. The 2010 Comprehensive Plan at page 35 recommends amending 240-50 with a more streamlined approval process as well as enacting Conservation Subdivision provisions. The Conservation Subdivision provisions found at 240-19(B) are more streamlined than 240-50 and are part of the procedure for providing affordable housing set forth above. Conservation subdivisions permit up to four multifamily units per structure. In addition, the threshold criteria for 240-50 regarding collector roads are not consistent with the current Comprehensive Plan and 240-50 does not encourage development in existing centers where they can be served by existing roads, utilities and community facilities. Conservation subdivisions provide an alternative to provide affordable multifamily housing in a manner consistent with the Town's current Comprehensive Plan and gives the Town Board authority to focus the development into existing centers where there is sufficient infrastructure to support the development. The comments of Dutchess County Planning are noted, but it is the opinion of the Town Board that the Conservation Subdivision suggested by the 2010 Comprehensive Plan is a better alternative for advancing sustainable affordable housing in the Town of Wappinger. HISTORY: 12/12/22 Town Board TABLED Next:01/09/23 01/09/23 Town Board TABLED Next:01/23/23 COMMENTS-Current Meeting: Councilman Chris Phillips said, "I would like to make an amendment to that resolution, the Negative Declaration." The amendment was added to the end of Resolution 2022-168. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/24/2023 9:24 AM by Joseph P. Paoloni Page 2 Packet Pg. 17 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Local Law Adoption Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors: RESOLUTION 2022-169 DOC ID:5881 Resolution Adopting Local Law No. 1 Of 2023 "A Local Law to Eliminate the Authority For Designed Residential Developments in the Town of Wappinger." WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board is the sole agency having approval authority for the adoption of the Local Law and declares itself as the lead agency for the SEQR review of the project; and WHEREAS, a Public Hearing was held on December 12, 2022 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration on December 12, 2022; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board 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, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER", as Local Law 1 of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED,that 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 shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED,that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The following was read into the record: After reviewing the 2010 Comprehensive Plan, the Town Board feels that the repeal of 240-50 and use of Conservation Subdivisions is the most appropriate method for achieving the affordable housing goals as set forth in the latest Comprehensive Plan. The 2010 Comprehensive Plan considered the Designed Residential Development provisions and suggested that it be changed and other provisions of the Comprehensive Plan recommended a different method to create affordable housing. At page 36,the 2010 Comprehensive Plan states: Updated: 1/24/2023 9:15 AM by Joseph P. Paoloni Page 1 Packet Pg. 18 Resolution 2022-169 Meeting of January 23, 2023 [T]the establishment of specific mapped affordable/workforce and senior housing overlay districts over a very limited number of single-family districts that would permit a developer to apply for density bonuses in exchange for providing affordable/workforce housing or senior housing in conservation/open space subdivisions on sites located within the districts. In these cases, development below the R-20 District requirements would not be permitted and the projects would each need to include a substantial open space component. The 2010 Comprehensive Plan at page 35 recommends amending 240-50 with a more streamlined approval process as well as enacting Conservation Subdivision provisions. The Conservation Subdivision provisions found at 240-19(B) are more streamlined than 240-50 and are part of the procedure for providing affordable housing set forth above. Conservation subdivisions permit up to four multifamily units per structure. In addition, the threshold criteria for 240-50 regarding collector roads are not consistent with the current Comprehensive Plan and 240-50 does not encourage development in existing centers where they can be served by existing roads, utilities and community facilities. Conservation subdivisions provide an alternative to provide affordable multifamily housing in a manner consistent with the Town's current Comprehensive Plan and gives the Town Board authority to focus the development into existing centers where there is sufficient infrastructure to support the development. The comments of Dutchess County Planning are noted, but it is the opinion of the Town Board that the Conservation Subdivision suggested by the 2010 Comprehensive Plan is a better alternative for advancing sustainable affordable housing in the Town of Wappinger. HISTORY: 12/12/22 Town Board TABLED Next:01/09/23 01/09/23 Town Board TABLED Next:01/23/23 COMMENTS-Current Meeting: Councilman Phillips said, "With the same amendment, I make that motion." ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/24/2023 9:15 AM by Joseph P. Paoloni Page 2 Packet Pg. 19 i 5.2.a ATTACHMENT FULL ENVIRONMENTAL ASSESSMENT FORM E Q 0 m LOCAL LAW NO. 1 OF 2023 "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER." T ADDENDUM TO PART 1 OF EAF a 0 The Proposed Action is the adoption of Local Laws by the Wappinger Town Board which would o eliminate Chapter 240-50, for designed Residential Developments in the Town of Wappinger. N Q 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 E properties. w 2. The Proposed Action will not have a significant adverse environmental impact with respect to any unique or unusual land forms. 0 J 3. The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. 0 a 4. The Proposed Action will not have a significant adverse environmental impact with respect .2 o to new or additional use of ground water, and will not have a significant adverse 0 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 N to the development of lands subject to flooding. N U) W W 6. The Proposed Action will not have a significant adverse environmental impact on any State M regulated air emission source. M N r 7. The Proposed Action will not have a significant adverse environmental impact with respect U to the loss of flora or fauna. Q 8. The Proposed Action will not have a significant adverse environmental impact on W agricultural resources. � E U a Packet Pg.20 i 5.2.a 9. The Proposed Action will not have a significant adverse environmental impact on any scenic or aesthetic resources. E Q 0 m 10. The Proposed Action will not have a significant adverse environmental impact on any a historic or archaeological resources. T 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 o resource as designated in any adopted municipal open space plan. CD N L 12. The Proposed Action will not have a significant adverse environmental impact on a Critical Q Environmental Area (CEA). 13. The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. E M 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. 7E U 15. The Proposed Action will not have a significant adverse environmental impact as a result of J an increase in noise, odors or outdoor lighting. Q 0 16. The Proposed Action will not have a significant adverse environmental impact on human a health from exposure to new or existing sources of contaminants. 0 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 N CD being inconsistent with the existing community character. CO W W 19. The Proposed Action will not have a significant adverse environmental impact on the supply M of housing in the Town. M N V fC Q W N J J E V Q 2 Packet;Pg.21 5,2,b LOCAL LAW No. 1 OF THE YEAR 2023 E Q BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title a T This Local Law shall be known and cited as Local Law No. 1 of 2023 "A Local Law to Eliminate the W Authority for Designed Residential Developments in the Town of Wappinger." a 0 0 Section 2. Legislative Intent N L The procedure for a Designed Residential Development was first adopted in the Town of Wappinger in the 1980 Zoning Ordinance. The provisions of 240-50 Designed Residential Development set out a 5 step process with overlapping jurisdiction between the Town Board and the Planning board. Since 1980, no designed residential development applications have been submitted to the Town of Wappinger. In 2010, the Town of Wappinger adopted a comprehensive plan and amended its zoning E code. The provisions of 240-50 are inconsistent with the zoning changes made by and after the 2010 w Comprehensive plan; and, there are ample alternatives in the Town of Wappinger code to provide for varied housing types. J 7E U O Section 3. Deletions to Chapter 240, Zoning -J, Q 1. Section 240-50 shall be Deleted 0 a Section 240-50 of the Town of Wappinger Zoning code is hereby repealed. 0 W m m cfl N N O N U) W W N N 1.C) J J a1 O O N W E V M a� a� Q Packet;Pg,22 PLAWNG BOARD SECRETARY TOWN OF WAPPI14GER Bea G gormatr Exi. '122 TOWN SUPERVISOR Dr, Richard C.Thurston NIlN a HCl MINI ST11ATOR TOWIN BOARD Baibara Robeoi Ext 128 r elHaTl H.Beale a1 Z NMG BOARD of AlNDEAL S � �• m � Angela Bettina Peter(,aloffi,Chairman Al Casella � David l3arr Clulstapher Phillips TOM Dr tllatl,rar'te w ,*'.z RLn John Lvenzini °':Mt'YaYdesfr Shah KAMM RC)ARD et PLANNING BOARD Bruco Flower,Climiramn 04 Robert Cerij ZONING BOARD OWE. APPEALSPaW llf710 Q WAPPING RS FALLS, NY'1 2590 V'sfir hrcat rs Y ta ysw,lli PH: 845-297,6256 hAardsca,PerafikosFav 845-297-0579 Lvnne Versad , a1 E W It- Received J December 12, 2022 C 2022 J 1 To " n o In r Q TCS Irk ° Town Clerk, Josepholoni ° l=ROM— Bea gunti Secretary, Town of W ppingor Planning Board SUBJECT- Proposed Local Lava to Eliminate Authority for Designed Residential � Developments N N O N co At the Manning Board meeting hold on December 5, 2022„ the Board rioted and W_ authorized that I send you this memorandum. After their review, it was decided that the Planning hoard has no objection to the adoption of this Local Lear, E E ° U Thank you. � .y d E U Q Packet Pg.23 To the Town of Wappingers Planning Board: 0 1Vly name is Linda Rappaport and Z atrk opposed to the Cedar Hill Ridge Development for the fallowing T .y reasons., a 0 Safes Issues: "' 0 i et N Local roads will be impacted by the extra traffic because multifamily structures produce more cars than 0 single family structures. Many people in the neighborhood wally"The Loop" alone or with buddies, 0 walk their clogs, or push their children in strollers.The winding and.hilly roads already create limited v sight lines.People in a,hurry to get to work..or home often come suddenly upon walkers with no visual = yarning. Increased traffic on local roads will be hazardous to people and animals, t E1 esthado quaky f lafe condderations: W This development is adjacent to many private properties in our neighborhood. Apartment buildings will � not be in keeping with the nature of the neighborhood and will detract from its scenic beauty.Noise and light pollution will increase. U J T'm.Pact on pmpeq values. a' Q Multi-fan7il7 development has a negative impact on property values.The property proposed for re- Q zoning has been.zoned R-AGO for decades. The totivn's comprehensive plan has never allowed For multifamily development on this property.Other parts of town are better suited for multi-•fan-uly o dwelling development. 0 0 U) m Schoal.�rn�act: � m There will be a need to redistrict and shift students to other schools due to overdevelopment of our neighborhood. New York State has mandated frill day kindergarten,which impacts school space usage. o Our neighbor hood was redisaicted once itz 2001 due to development to our south, splitting families c� and friends,having a negative impact on families and their children.'T'his past year,WCSD has w struggled with adequate busing for the stridents it already has enrolled. � F 41i anxental concerns; E * Water:This property contains wetlands that help protect the aquifer that we draw our ds.�inking water v frorn. Building access roads through steeply-billed terrain will necessitate use of road chemicals that will = Ieach into ground water. "Animals:This property is home to owls,wild turkeys, deer,bats, salamanders,frogs,fox, coyotes, turtles, and many species of birds and insect life.We coexist with these animals in a delicate balance, and. they are part of our quality of life in this part of Wappinger. Conservation is a priority, *.Land Disruption:Developiug this property will require blasting,possibly impacting the aquifer and the = fo-andations of surrounding homes. _ Please do not reaonae this property. o- Respectfully submitted, E U Linda,Rappaport Q Packet Pg.24 T.3 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Agreements,Contracts,Leases Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors: RESOLUTION 2023-35 Doc ID:5926 Resolution Authorizing Water Tenancy Agreement For 8 Barrister's Row, 3 Mac Farlane Road And 9 Mac Farlane Road WHEREAS, 8 Barrister's Row, 3 Mac Farlane Road and 9 Mac Farlane Road are supplied with water from a well that has contaminants and is not potable; and WHEREAS, the Owners have requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District ("UWWD") to serve their properties at 8 Barrister's Row, 3 Mac Farlane Road and 9 Mac Farlane Road until such time as the United Wappinger Water District is extended to include their properties; and WHEREAS, the connection of the Property to the UWWD water main located in a Town Easement a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11); and WHEREAS, the Attorney to the Town drafted a Water Tenancy Agreement to supply water to the properties. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11). 2) The Town Board hereby approves the Water Tenancy Agreement with the Owners in the form attached hereto. 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Water& Sewer Department and Building Department to establish the necessary water account. 5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 2/8/2023 1:41 PM by Joseph P. Paoloni Page 1 Packet Pg.26 T.4 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Agreements,Contracts,Leases Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors:Supervisor Richard Thurston RESOLUTION 2023-32 Doc ID:5924 Resolution Authorizing Execution Of Dog Control Housing Agreement With Mutts Mansion Inc. WHEREAS,the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, Mutts Mansion Inc. (hereinafter Mutts Mansion) maintains a kennel for boarding of dogs and other animals at its office located at 1031 Route 376, Wappingers Falls, New York 12590; and WHEREAS, in accordance with Agriculture and markets Law § 115(2), the Town Board wishes to contract with Mutts Mansion to provide shelter for dogs seized by the Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with Mutts Mansion to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, a Dog Control Housing Agreement has been presented to the Town, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above-described. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Dog Control Housing Agreement, in the form annexed hereto, and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a copy of the Agreement to Mutts Mansion along with a certified copy of this Resolution. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Al Casella SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/19/2023 12:41 PM by Joseph P. Paoloni Page 1 Packet Pg.26 DOG CONTROL HOUSING AGREEMENT THIS AGREEMENT, made this day of.� 2023, by and E E m m L Mutts Mansion Inc Q a non-profit 5010, _ having an address of 1031 Route 376, Wappinger Falls, NY, 12590 Hereinafter referred to as Mutts Mansion Inc. o and _ TOWN OF WAPPINGER having an address of 20 Middlebush road, Wappinger, NY, 12690 A municipal corporation a, Hereinafter referred to as the"TOWN" a O WHEREAS, the TOWN OF WAPP INGER Animal Control Officer, hereinafter referred to as the o "ACO"is empowered to seize dogs pursuant to the provisions of Agriculture and Markets Law Article 7, Section 117; and U m X WHEREAS,this Agreement applies only to dog(s)seized by the ACO; and W a� N WHEREAS, pursuant to Agriculture and Markets Law Article 7, Section 117, dogs seized by the ACO o are required to be properly fed and provided water during the applicable redemption period,and Q WHEREAS, Mutts Mansion Inc a maintains a kennel far boarding dogs and other animals at its rescue located at 10312 :a Route 376, Wappinger Falls, NY 12590; and 0 m WHEREAS, the TOWN wishes to contract with Mutts Mansion Inc to provide shelter for dogs seized bythe ACO upon terms and conditions hereinafter set forth. M N NO'4111', THEREFORE, it is hereby agreed by and between Mutts Mansion tic and the TOWN as follows: v W W 1, RECITATION INCORPORATED; These recitations above set forth are incorporated in this Agreement as if fully set forth and recited herein. m E m 2. TERM OF AGREEMENT.This Agreement shall become effective January 1, 2023 and shall continue until December a, 31, 2023,This agreement may be terminated by either party upon thirty(30) days written notice to the owner.This agreement Q may be extended from year to year by agreement of the parties. 0 3. BOARDING: Mutts Mansion Inc hereby agrees to provide boarding,which includes shelter, food and water, _ as required by the Law far the following dggs; 0 a. -Any and all dogs running at large (unidentified) seized by the ACO as outlined by the Agriculture and Markets Law Article 7, Section 117(1) &(2); and m b.-Any and all dogs who have been seized by a court order pending a"dangerous,dog"hearing, outlined by the Agriculture and Markets Law-Article 7, Section 123(2) Q Packet Pg.27 All unidentified dogs seized by the ACO shall be delivered to Mutts Mansion Inc at 1031 Route 376 Wappinger Falls NY 12590. For dogs that can be identified in the field via microchip or community outreach: Mutts Mansion � Inc asks that the TOWN ACO make every reasonable attempt to return the dog to the owner, using guidelines set for Agriculture and Markets Law, before bringing the dog to Mutts Mansion Inc. This request reflects the m national animal shelter policy which strives to keep dogs in their homes.. L a� 4.DOGS SEIZED FOR REASONS OTHER THAN Section 117(1)&(2)and Section 123(2); a, Any and all dogs seized for reasons other than those listed under Article 7, Section 117(1) & (2)and Section 123(2), y which sections were in full force and effect at the time of this agreement,are not to be boarded and held other than for o safekeeping purposes. Mutts Mansion Inc must rot refuse to board and hold dogs seized for safekeeping purposes or = pursuant to this paragraph.These include dogs seized for reasons such as owner death,car acclden4, cruelty, owner arrest, etc. Said dogs must be released to the Town of Wappinger Animal Control upon his/her request, Therefore,the Town of 0 Wappinger Animal Control Officer may make corrections or amendments to an impoundment form If a determination is made p, that the reasons for dog seizure are for reasons other than pursuant to Sectlon 117(1)(2)& Section 123(2). a The holding periods for unidentified and Identified dogs pursuant to Section 117(4) &(6) respectively, will be applicable. p 0 5. HOLDING PERIOD: In order to provide the owners a reasonable time period in which to reclaim their seized dog, Mutts Mansion Inc and the TOWN[ agree to the following; x W a. -For dogs running at large (unidentified): N 1, bogs that are not appropriately identified, as outlined by the Agriculture and Markets Law Article 7, Section 117(4), will be o held for five (5) business days from the date they enter the shelter, Q 2. Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article 7, Section 117(6), will be held o for a maximum of nine (9) business days from the date they enter the shelter. The TOWN is responsible for notifying the owner of the seizure, as per the Agriculture and Markets Law Article 7, Section 117(6). m o: 3. Upon expiration of the above stated holding periods, any and all dogs that have NOT been redeemed by their owner,will M become the property of Mutts Mansion Inc, as outlined by the Agriculture and Markets Law Article 7, Section 117(7-a). N O b. For dogs seized under a court order pending a "dangerous dog hearing", as outlined by the rn Agriculture and Markets Law Article 7, Section 123(2), said dogs will be held untll final disposition by the court OR a maximum of fourteen (14) days,whichever comes first. if the final hearing has not been held by the and of the fourteenth day, the TOWN will be responsible to make alternate arrangements for the housing of such dogs.Mutts Mansion Inc may consider continued housing on a case by case basis to be negotiated with the TOWN. If it is agreed by both parties that the dog shall 4) be euthanized, either pursuant to a.Court order or otherwise, said costs of euthanasia procedure shall be the responsibility of a, the TOWN. Q a� c. -For dugs that are being held for a 10-day Rabies observation period: o 1. Mutts Mansion Inc may take ownership of said dog upon expiration of the 10-day Rabies holding period If there is no = owner to reclaim said dog; or 0 2. If an owner becomes known to Mutts Mansion Inc or the TOWN, the owner may reclaim said dog during the 10-day rabies observation holding period if the Dutchess County Department of Community and Behavioral Health provides written approval of the dog's release to its owner. _ U Q Packet Pg.28 7.4,a 6. UNCLAIMED DCG DISPOSITION: Unclaimed dogs will be evaluated by Mutts Mansion Inc staff to determine if a � dog's disposition and temperament wilt enable it to be adopted. If the dog is determined to be adoptable, it will be placed for adaption by Mutts Mansion Inc. if the dog is determined to not be adoptable, Mutts Mansion Inc will determine the best option for the dog, if it is determined that the dog shall be euthanized, either pursuant to a Court order or otherwise, said costs of euthanasia procedure shall NOT be the responsibility of the TOWN. The TOWN shall not be liable for determinations made m by Mutts Mansion Inc pursuant to this paragraph m m L 7. VACCINATIONS: As outlined by the Agriculture and Markets Law Article 7, Section 109(1)(a), for all dogs that are to be Q a� redeemed, the owner must provide proof of Town license, Including proof of Rabies vaccination.As such, Mutts Mansion will = not release any dog to its owner without proof of the current Town license and the Rabies vaccination, In the event that the o dog Is not up to date on its Babies vaccine and/or the owner is unable to provide proof of such vaccine to the TOWN, then _ Mutts Mansion Inc will administer a Rabies vaccine to the dog prior to redemption and will charge the owner for the cost of ° this service. 0 U 0) As a requirement for dog(s)to be boarded at Mutts Mansion Inc, the dog(s)will receive the following three (3)vaccines upon 0 their arrival. There will be no exceptions to this vaccination rule, unless an immediate record of the dog being up to date on 4- all vaccines is provided. _ 0 Rabies Vaccination- Fifteen Dollars ($15.00) m Distemper Vaccination -Twenty Five Dollars ($25.00) w Eordetella Vaccination -Thirty Do[iars ($30.00) a, N The owner will be charged for the three(3)vaccine's. if there is no owner or said dog is not redeemed by the owner, said o vaccine costs shall be borne by Mutts Mansion Inc. Q 8, EMERGENCY VETERINARY CARE: in the event that an impounded dog is determined, by the best judgment of the0 :a Mutts Mansion medical staff,to need emergency veterinary care, Mutts Mansion will arrange medical care for the dog. All 0 0 expenses related to such care will be the responsibility of the owner. If there is no owner or said dog is not redeemed by the owner, the TOWN will be responsible for medical expenses up to$500.Above and beyond the $500 that the TOWN must reirnburse Mutts Mansion the remaining said medical costs shall be borne by Mutts Mansion. M M N 9. FEES N a. Boarding: w 1. The Mutts Mansion boarding fee shall be THIRTY DOLLARS ($30.00) per day, The first day is charged upon admission to o� the shelter and each subsequent day is calculated upon the dog being on the Mutts Mansion property at 12:00 pm each day, 2. For dogs who are reclaimed by their owner, the owner will be required to pay the boarding fee directly to Mutts E Mansion.. If the owner is unable to pay the boarding fee, Mutts Mansion Inc will determine whether or not to release the dog on a case by case basis. Q a� 3. For dogs not redeemed by the owner, Mutts Mansion Inc will invoice the TOWN for the boarding fed for the period running from the date of seizure until the expiration of the applicable redemption period. 0 X b. -Rabies Vaccination: o a 1. The fee for the Rabies Vaccination shall be FIFTEEN ($15.00) DOLLARS. } 2. For dogs that are reclaimed by their owner, the owner shall be required to pay the vaccine fee � directly to Mutts Mansion E 3. For dogs that are not redeemed by the owner, the TOWN will not be billed for the Rabies vaccine Q Packet Pg.29 c. -Veterinary Care: 1. For services provided by the Mutts Mansion Inc medical team, the Mutts Mansion usual and customary fees will be applied. 2. For care that requires services from a community-based veterinarian,the actual fee from the veterinarian will be applied. 3. For dogs that are reclaimed by their owner, the owner will be required to pay the medical care fees to Mutts Mansion. 4. For dogs that are not redeemed by the owner, the TOWN will NOT be responsible for any Mutts Mansion administered °'- a� medical Q care fees incurred during the redemption holding period. (Note: In the case of Emergency Veterinary Care, the TOWN will be responsible for medical expenses up to $500 if there is no owner or said dog is not redeemed by the owner.) 0 10. RECLAIM/REDEMPTION OF DOGS o a. All owners will be informed by the TOWN and Mutts Mansion [no of the necessary documentation and redemption, license = 0 and/or other fees to be paid in order to reclaim thelr dog as well as the process to accomplish this task The TOWN shall v provide such o Information to the owner as part of its notice given pursuant to paragraph 5 (a)(li)of the agreement. Mutts Mansion will also 4- make every effort to contact the owner if they can be identified. _ 0 b. Upon payment of all Town fees,the TOWN will issue a license tag and certificate for said dog, and a receipt of payment. m The owner will be Instructed to present this documentation to Mutts Mansion Inc In order to reclaim their dog. Mutts Mansion x will release the dog after proper documentation has been presented and the owner of the dog has signed 1he dog's a� Agriculture and Markets Department Form DL-18(or a comparable form).The owner will also be required to pay Mutts N Mansion dlreotly for the boarding fee and vaccination fees at the time of reclaiming the dog. o 0 1. Mutts,Mansion Inc shall be available to process reclaims of dogs Monday M Friday, 9 am to 5 pm. Reclaims will not be Q processed on federally observed holidays or in cases of inclement weather that results In Mutts Mansion closing early. Mutts o Mansion will also be available on weekend days from the hours of 10 am to 2 pm to process reclaims of dogs. 0 0 11. FENNEL $PACE. At all times, Mutts Mansion Inc will provide kennel space for all dogs that are seized; the ACO will have 24-hour access to N M Mutts Mansion kennels for the delivery of dogs.The AGO will also be given the cell phone contact information of the owner of N Mutts Mansion for after hours contact and/or emergencies.The ACO will be required to complete the Mutts.Mansion o N paperwork, attached to the kennel, and ensure the dog has food, water and bedding in its kennel. w 12. INDEMNIFICATION: �. 0 Mutts Mansion shall defend, indemnify and hold the TOWN, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses, and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful actions or omissions of Mutts Mansion.The 70WN shall defend, indemnify and hold Mutts Q Manston, its officials, officers, and employees harmless from and against all actions, proceedings, claims, damages, a, liabilities, loses, and expenses including,without(imitation, reasonable attorney's fees arising out of the wrongful action or y omissions of the TOWN, o a� 0 a 13. APPLICABLE LAW: This Agreement shall be governed by, construed and conformed in accordance with the laws of New York State with regard E to conflicts of laws and principles of laws. Q Packet Pg.30 14. WAIVER: No waiver of any breach or any condition of this Agreement shall be binding unless in writing and signed by both parties. No such waiver shall In any way affect any other term or condition of this Agreement or constitute a cause for reception of such or any other breach unless the waiver shall specifically include the same. m 15. MODIFICATION: L a� This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be a, valid unless in writing and signed by both parties. y 0 16. NOTICES: _ All notices, demands, requests, consents, approvals or other communications required or permitted to be given hereunder to any party to this Agreement shall be In writing and shall be registered or cartifled mail with return service requested,and/or 0 email. v a) 0 a 17. ENTIRE AGREEMENT: p This written Agreement, when signed by both parties forms the entire Agreement between the parties and replaces o and supersedes all prior Agreements or undertakings between the parties, if any. U m X 18. PAYMENT: w a, All bills properly submitted to the TOWN in accordance with this Agreement will be paid within sixty(60)days, N •L 0 IN WITNESS WHEREOF, the parties have executed this Agreement in two (2)counterparts, each of which shall oonstitute an original, the day and year first above written. Q 0 Mutts Mansion Inc. 0 By: N Karen LeCain, President c° N O N [late: ' W D' 0 0 TOWN OF WAPPINGER E m L Q By: 0 Richard Thurston, Supervisor, Town of Wappinger 0 d Date; _ 1 a Packet Pg.31 Ack:n owledge eats STATE OF NEW YORK COUNTY OF pkJ'T�HE � ss 0 On the day, af,. ,4— in the year 20,23, before me,tine undersigned, a:Notavr public � In and forthe.said Stat.e,parsonalliyr appeared Karen,LeCal-n, personally known to me or,paaved to Me ars, Q this bee-is Of satisfactaryr e�al once to be the,Individual whizae ria is subscribed)to the within lnatrmmmnt � and acknowledged to ,tea that etre executed!the same In der }�acf r, and that by haT sIgtnatute on tete. � instr€rn,nent,'the IndlvWual, or the person upon behalf of•witch the irndlytO aaP anted, ex=ecrated the = Instrnater�t. o L C O U 0) O d I4a4ary PUNIC 0 O O U O X STATE OF NEW YORK a� COUNTY OF DUTICHESS ss. � p N x-- 0 On the�r 1 `dlay of I (��� In.tP�a year�.� 3, before i�.a;U:fie ndersl��ed, a li��ta�P���li� Q in and,far the said.State, parse ally appeared€t:Pcl7:ard Theirston,pemona,liy Known;to,gni-a or proved to,tree o on this baai�-&satisfacter� : idence t€ h ti e irpc6'it�l:d�asi u�rl a ;a� a Ns su��bser•.il ed tai tine�r iCl l Mstmrnen;t.and a,cknawla#ged to me theft he exe:amfed the sane.In,{Tis Capacity, and that fly hi.-Al sfgna't re . an the,Instrument,the in dIVIOU01,Or the pen O=ft Lrpart behalf,of w ted;t1-re individual,-.acte i, a aeLned the m I`nstrurnan;t. N M e M N O N N$c1s '�817)Y W O Lee A,.I✓reno m Notary Public,State of New fork E No.01 FR6327313 O L Qualified in Cutchess Cod. a) Commission Expires 7/6/ a� O M O O O a C m E U Q Packet Pg.32 7.11 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Public Hearing Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors: RESOLUTION 2023-34 Doc ID:5925 In the Matter of the Establishment of the Myers Run Drainage District WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed Drainage District, to be known as the Myers Run Drainage District (hereinafter, the "District"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report accompanying the same and addendum thereto, have been filed in the office of the Town Clerk and are available for public inspection;and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed District, a general plan to serve said District, and a report of the proposed method of operation thereof, and were prepared by Clark Patterson Lee, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said District shall be the parcels of real property described as Tax Gid Parcel No. 135689-6258-04-976478 and Tax Grid Parcel No. 135689-6358-03-032492, consisting of approximately 22.9 acres of land,which is located on the southerly side of Myers Corner Road in the Town of Wappinger, County of Dutchess, State of New York outside of any incorporated village or existing drainage district and entirely within the Town of Wappinger (the "District Area");and WHEREAS, the improvements proposed for said District consist of the construction of a stormwater treatment pond and other associated drainage improvements, all as more fully described in the map,plan and report hereinbefore described; and WHEREAS,the maximum estimated cost of said improvements is $85,440.00 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 District to the typical property therein is $231.60 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and $231.60 to a one or two family house therein, all properties in the District being single family houses; and WHEREAS,a detailed explanation of the manner by which were computed said estimated first- year costs to the typical property 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 establishment of the District was determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed,the Planning Board has determined will not result in a significant environmental effect; and WHEREAS,it is now desired to call a public hearing upon the question of the establishment of said District,the petition therefor, and the improvements proposed therefor, all pursuant to Section 193 of the Town Law;NOW,THEREFORE,BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Updated: 2/8/2023 2:24 PM by Joseph P. Paoloni Page 1 Packet Pg.33 7.11 Resolution 2023-34 Meeting of January 23, 2023 Town, on the 27th day of February, 2023, at 7:00 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of the District in said Town as described in the preambles hereof, to be known as the Myers Run Drainage District, the petition therefor, and the improvements proposed therefor, and to consider the map,plan and report filed in relation thereto,and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This Order shall take effect immediately. COMMENTS-Current Meeting: Barbara Roberti said that a$5,000 escrow is to be paid tomorrow, January 24, 2023. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 2/8/2023 2:24 PM by Joseph P. Paoloni Page 2 Packet Pg.34 8.1 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Agreements,Contracts,Leases Prepared By:Joseph P.Paoloni TABLED Initiator:MinuteTraq Admin Sponsors: RESOLUTION 2023-9 Doc ID:5915 Resolution To Authorize The Town Supervisor, Town Highway Superintendent And Town Board To Execute The Agreement For The Expenditure Of Highway Moneys WHEREAS, pursuant to Section 284 of the Highway Law, the Town Board and the Town Highway Superintendent are required to enter into a written Agreement stating the places and manner in which the Highway fund appropriation for repairs and improvements are to be expended; and NOW, THEREFORE BE IT RESOLVED, that the Town Highway Superintendent and the Town Board agree that the monies levied and collected in the Town for repair and improvement of highways, and received from New York State for State Aid for the repair and improvement of Highways shall be expended in accordance with the annexed Agreement for the Expenditure of Highway Moneys; and BE IT FURTHER RESOLVED, that the Supervisor and the Town Board are hereby authorized and directed to execute the attached AGREEMENT FOR THE EXPENDITURES OF HIGHWAY MONEYS in duplicate and file said agreement with the Town Clerk; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward one executed Agreement to the Dutchess County Commissioner of Public Works in his capacity as County Superintendent of Highways. HISTORY: 01/09/23 Town Board TABLED Next:01/23/23 ................. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., RESULT: TABLED [UNANIMOUS] Next: 2/13/2023 7:00 PM MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 12/15/2022 1:42 PM by Joseph P. Paoloni Page 1 Packet Pg.36 8.1,a m TOWN OF WAPPINGER a� HIGHWAY SUPERINTENDENT SUPERVISOR Q x Michael Sheehan Richard Thurston W 845-297-4158 Main 10 HIGHWAY DRIVE WAPPINGERS FALLS,NY 12590 TOWN BOARD 1 William H.Beale •w- (845)297-9451 Office `"`�� •" Angela Bettina Q Christopher Phillips 4> (845)298-0524 Fax +- Office of The Alfrey Casella U SECRETARY l�Superintendent of Highways TOWN CLERK W Karol Kelly Joseph Paoloni �0 L 0 m November 2, 2022 06 a� To: Town Board = Richard Thurston Cc: Fredrick Awino a� Jim Horan Q Joseph Paoloni From: Michael Sheehan T L Re: 2023 Paving it a� I propose to pave the following roads for 2023. a� Year last paved L 0 Beth Place ward 3 1990 a Carmel Heights ward 4 Dennis Road ward 3 1995 N Dwyer Lane ward 3 2002 N E. Salem Road ward 2 1990 U) W Elizabeth Terrace ward 4 1998 Hackensack Hts. Road ward 4 James Place ward 3 2002 Larissa Lane ward 4 1998 a MacFarlane Road (partial) ward 2 2014 (partial) c� New Road ward 2 1991 Z Rosewood Drive ward 2 2003 a Scott Drive ward 3 1997 M Top O' Hill ward 4 1994 N Total miles: 5.82 U Q Packet Pg.36 i 57.2 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Misc Town Board Decisions Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors:Supervisor Richard Thurston RESOLUTION 2023-30 Doc ID:5914 Resolution Honoring Black History Month In The Town of Wappinger February 2023 WHEREAS; each February, Black History Month celebrates the many achievements and contributions made by African Americans to our economic, cultural, spiritual, and political development and is deserving of recognition and honor; and WHEREAS; Black History Month grew out of the work of prominent African Americans including noted historian Carter G. Woodson, who founded what is known today as the Association for the Study of African American Life and History, and who founded an initial commemorative week that inspired schools and communities nationwide to organize local festivities, establish history clubs and, host performances and lectures that have since morphed into a month-long celebration; and WHEREAS; in 1976, President Gerald R. Ford officially recognized Black History Month and called upon the public to "seize the opportunity to honor the too-often neglected accomplishments of black Americans in every area of endeavor throughout our history;" and; WHEREAS; a key element of dialogue on Race, Equity, Diversity and Inclusion is celebrating the diversity of cultures that we are proud to have as part of our community, and promoting an inclusive community in which all residents-past, present, and future-are respected and treated equally; NOW, THEREFORE, be it resolved that I, Supervisor Richard L. Thurston and the Wappinger Town Board, do hereby acknowledge Black History Month in the Town of Wappinger, and encourage our residents to honor and commemorate the history of African Americans in our community, state and nation. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, William H. Beale SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/19/2023 9:26 AM by Joseph P. Paoloni Page 1 Packet Pg.37 8.3 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Correspondence Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors:Supervisor Richard Thurston RESOLUTION 2023-31 Doc ID:5871 Resolution Authorizing Release Of Security Posted WHEREAS, by Resolution No. 2021-85, the Town Board previously accepted a Performance Agreement secured by Cash Deposit dated June 13, 2021, executed by Eric Hartmann, as Sole Member of Maric, LLC, in the sum of Sixty Thousand Dollars ($60,000),to ensure compliance with the new lighting standards and the replacement of light fixtures in accordance with the Town of Wappinger Zoning Code; and WHEREAS, Maric, LLC has complied with the terms of the Performance Agreement; now, therefore BE IT RESOLVED,that the Town Board hereby acknowledges that Maric, LLC has complied with the terms of the Performance Agreement and authorizes the Cash Deposit in the sum of Sixty Thousand Dollars ($60,000)to be released. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Christopher Phillips SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/19/2023 12:24 PM by Joseph P. Paoloni Page 1 Packet Pg.38 8.3.a TOWN OF WAPPINGER, NY 20 Middleblts11 Road Purchase Order No..__.. Wappingers Falls, N.Y, 12590 Do Not write 1n This Box N O PURCHASE ORDER&VOUCHER (L Date Voucher Received AMOUNT Poughkeepsie Nissan FUND-APPROPRIATION U a� 1445 Route 9 rn Wappinger Falls, NY 12590 0 a� a� a� TOTAL 60,000 oa AL#ST7ZACT NO, � O Date Quantity Description of Materials or Services UNIT AMOUNT � PRICE Q O 116f23 Return of$60,000.00 cash band. Performance agreement accepted by the Town Bond o on ,lune 14, 2021 for the replacement of light fixtures 60,000 00 4) to meet gown of Wappinger Zoning Code. M December 30, 2022, Robert Costa of Costa Electric N has certified that fixtures were replaced in accordance N with our code. W w in m a m m O m TOTAL 60,000 00 U I liarbaraRoberti certify that the above account in the arnowtt of _60 000.UQ y is true and correct;that the items,services,and disbursements charged were rendered to or for the municipality on the dates stated. N that no part has been paid or satisfied;that taxes,from which the municipaldiy-m exempt,are.not included;and that the amount Z i c chime is actually due. a O Date Signature Title a1 (Space Below for Municipal Use O O (L DEPARTMENT APPROVAL APPROVAL FOR PAYMENT The above services or materials were rendered or This claim is approved paid from the appropriations furnished to the municipality on the dates stated and the indicated above charges are correct U DATE AUT� MZED OFFICIAL DATE COMPTROLLER Packet Pg.39 8.3,a MAIN 1136 Route 9 STENGER, Wappingers Falls 7rAfVIDN❑ .� 590 a.GiAss,�� New York 12590 December 30, 2022 Poughkeepsie Journal Building : 85 Civic Center Plaza, Suite 10D N „9 (845)298-2808 Mg, Barbara Roberti Poughkeepsie, NY 12601 O �y a)3pointn�ent oily 0. �;t (845)298-2842 Director of Strategic Planning and Municipal Codes 2 g p Kingston Office infoOsdglaw.com Town Hall Town of Wa in er ' 303 Clinton Avei7ue v e$. sdglew.com 20 Middlebush Road Kingstmi, NY 12401 U) Wappingers Falls, NY 12590 Bya ppoRatn)e,�t()3j;y o Nl��se�iiract arff hii�c.ririras � ler Pl�e MafrClffic� fn Re; Poughkeepsie Nissan LED Lighting Installation a Kelineth-NI-Stel�ger - O - Stephen G,Diamor d Dear Barbara, Jessica S.Glass N (Caren E.Hagstrom As you know I am the attorney for Poughkeepsie Nissan, hie. and its principals fan C.Lindars Eric Hartmann and Thomas Hartmann. As part of amendments to the Poughkeepsie � Albert P,RobertsQ Nissan site plan, the Town.Planning Board required a cash bond of $60,000.00 to insure r- PaRTiERMEIziTus compliance withthe new lighting standards being proposed by the Town of Wappin er. Mary Kate Epl,rai:m I have previously forwarded to you copies of the invoice from R. Costa Electric, Jad Haddad Inc. to Poughkeepsie Nissan, Inc. for the installation of the LED bulbs in accordance A.J.(uele It- with the lighting plan. The lighting plan was approved by the Town of Wappinger M Planning Board. o Or COUNSEL 04 Joan F,Garrett" Attached please find the certification I forwarded to R. Costa Electric,Inc. for W Mr. Costa to sign. I expect the certification to be signed and returned via email to me PARALEGALS shortly. Accordingly, and on behalf of Poughkeepsie Nissan„ Inc. and Mr. Eric � EHxabeth Arnicucci Hartmann who posted the cash bond, a request is hereby made for the return of said Jennifer Arno cash bond. n= Aiiana Brown O Tammy Johnson Very Truly Yours, � J:illian Medina _w....., Alison 5ecor - ,T o ALBERT P. RaBERTS, ESQ. cLoslnlG ciofiDINAYoRs Stenger, Diamond & Glass, LLP L) Maria L,Jones Partner Enieritus � Sandra A.Turner arobertsoSd 1B.w.Corn N APR/ajs 4) "ALSO ADMITTCb IN FL&MA U1 Q -ALSO ADMITTED IN C7 Cc: Eric Hartnnann; R.. Costa Y a1 O 0. E U Q Packet Pg.40 8.3.0 1=1.Costa Electeic.lac. 645 Route 82 I�IIIJ�JJ`if l` % Hopewell Junction NY 12583 (.845) 592-4127 m f° .COST B I.F-CjlFl l: O {{�� o. 1IVL V DILL TO INVOICE# 8407 rn r— Poughkeepsie Nissan Inc_ -D TE 12/16/2622 O m 1445 Route 9 Wappingers Falls, NY 12590 TEJWS Due on receipt a� N L O Q ITEM DESCRIPTION CTY RATE AMOUNT � O Electrical Provide all labor and materials to install new customer provided 1 3,780.00 3,780.00 Install LED light fixtures for parking lot lighting. Installed fixtures as per Engineered blueprint dated 10/21/21 page C2 from Lawrence J. Paggi, PE, PC Consulting Engineering. M .Eq t 35' Boom lift 2 462.50 925.00 N -rental o N co W A referral is your greatest complimentll BALANCE [SUE $4,705-00: N m a m m O m 0 M U 0 Z O y Q O O Y t31 O 0. O O E U Q Balance due reflects a 3.5%discount for cash or check payments only. Invoice valances over 30 days subject to 1.5%monthly service charge Packet Pg.41 I,Robert Costa, President of R, Costa Electric, Inc. hereby certify that the LED light bulbs identified on the packing list prepared by Simply LED were installed in accordance with the ENGINEERED blueprint dated 10121/2021, page C2 received from Lawrence J. Paggi, PE, PC in accordance with R. Costa Electric, Inc. invoice number 8407, dated 1211612022, copy 0 attached. L V 4� 0 .R. Costa Electric, Inc. By: ' o Robert Costa, President Q Dated: December 30,2022 M 0 m M M N O N CO W W N O - O a m m 0 m U Z O .y Q O O Y a1 O 0. O O E U Q Packet Pg.42 MO E JUN 14 202; Drector-Of p WIC cipal Codes TOWN OF V'APPINGER.- -� PERFORMANCE AGREEMENT � IL •L This Performance Agreement is hereby given by MARX, LLC, a. New York limited U Liability Company, with its principal place of business located at 1445 route 9, Wappingcr Falls, vi New York 12590 ("Obligor") to the Town of Wappinger, a Municipal Corporation, whose Towns O Hall is located at 20 Middlebush Road, Wappingers Falls, New York 12590 ("Obligee"), dated June 2021. ar WHEREAS,the Obligor made application to the Town of Wappinger Planning Board to]- N approval of a minor subdivision known as Minor Subdivision of"Pough-keepsie Nissan" and for o Amended Site Plan approval for the existing Nissan Dealership located ori the Parcel identified as "Lot 2, Parcel 2 on the aforementioned Minor Subdivision Map-, and = 0 WHEREAS, the aforementioned Minor Subdivision for Poughkeepsie Nissan/Plimpton o Hills reconfigured the Parcel upon which the Nissan Dealership is located; and WHEREAS, in consequence of the aforementioned Minor Subdivision an Amended Site M Plan is required for the reconfigured Lot 2, Parcel 2 upon which the Nissan Dealership is located; o N U) WHEREAS, the Obligor was granted final subdivision approval by the Planning :Board for the aforementioned Minor Subdivision, but has not received. approval for an. Amended Site N Plan for the reconfigured lot upon which the Nissan Dealership is located, a m WHEREAS, the Obligor has committed by contract to sell Lot 2 Parcel 2, as identified in = the afore rnentioned Minor Subdivision to Nesbit Avenue LLC, and WHEREAS, the Town of Wappinger Plamming Board has agreed to permit the Miner o Subdivision for Poughkeepsie Nissan, last revised March 29, 2021 to be filed in the Dutchess 00 County Clerk's Office prior to the finalization of the Amended Site flan for the Nissan Dealership � located on Lot 2 Parcel 2 within the:aforementioned Subdivision Map, on condition that MARK, _ LLC, the Obligor herein, agrees to submit to the Town of Wappinger Planning Board a revised N Site Plan Application and Site Plan Map (including,Lighting Plan) on or before August 10, 2021 •z and to take all steps necessary to receive Amended Site Plan approval on or before February 15, 2022, and that such obligation be secured by a. Cash Deposit in the amount of$60,000.00 to be paid by bank check payable to the Town of Wappinger; and Yc ar 0 WHEREAS,the Engineering Firm of Lawrence,1. Paggi, PE, PC has been retained by the IL obligor to undertake the film, of the Amended Site Plan Application and Amended Site Plan Map and said Enoinecring Firm has conducted all the work on this project from its inception; and E U Q Packet Pg.43 WHEREAS, the Obligor and Obligee understand that upon filing of the "Minor Subdivision of Poughkeepsie NissaiVPlimpton Hills" Subdivision Map,that Lot 1 Parcel 1 may be o sold to Ncsbit Avenue, LLC, as indicated above. 0 •L NOW,THEREFORE it is hereby agreed as lbllows: 0 4- 0 1.. The aforementioned "Whereas" clauses are incorporated into this Performance N Agreement as if fully set forth at length herein, 2. Maric, LLC, as Obligor, shall cause to be prepared an application for Amended Site = Pian approval (including Lighting Plan) together with a Amended Site Plate Map in accordance L with the Zoning Code of the Towi1 of Wappinger and other rules and regulations of the Town of �° Wappinger Planning Board no later than August 10, 2021 and to take all steps necessary to have Q the aforementioned Site Plan application finalized by the Plaiining Board no later than February o 1.5, 2022. 0 m 3. To secure its obligation to submit the Site Plan Application and the Amended Site Plan Map to the Town of Wappinger Planning Board and.to do all work necessary to obtain final Site Plan Approval no later than February 15, 2022, the Obligor shall provide a Cash Deposit in the N suns of$60,000.00 by Bank Check payable to the Town of Wappinger. N W 4. Upon the Obligor's failure to obtain :final Site Plan Approval by February 15, 2022 � (unless the Planning Board grants an extension of time to complete same) the Town of Wappinger- is authorized to pay Lawrence J. Paggi, PE, PC to undertake such work as remains to obtain a- m amended Site Plan Approval on ten(10)days notice to Obligor,and pay saine out of the$60,000,00 � Cash Deposit. W 5. As a condition precedent to allow the aforementioned Minor Subdivision of Poughkeepsie Nissan/Plimpton. Hills Map being filed in the Dutchess County Clerk's Office, the m Obligor hereby agrees to both release and covenant not to sue the Town of Wappinger with respect N to any and all claims on behalf of itself, its successors or assigns,with respect to the enforceability v of this Perfon-nance Agreement for any non-conformity with the procedural and substantive provisions of Town Law Section 274-a and the Zoning Code of the Town of Wappinger, u •z a� .y Q Dated: lune , 2021 Y a� MA RIC,LLC a BY: Eric Hartmann, Sole Member v Q Packet Pg.44 m STATE OF NEW YORK ) o IL ss.: COUNTY OF DUTCHESS ) O On the —day of June,2021, before me, the undersigned, a notary public in and for said co state,personally appeared Eric Hartmann,personally known to me or proved to me on the basis of 0 satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/th.cy executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuals) acted, executed the instrument. °1 N NOTARY PUBLIC Q 0 LINOAA.MASCQLINO NOTARY PLJRLIC,State 0i New York Registration N6.4�86888 O GommisaianEKpires rj / 20 N O tY M M ' N O N W lY N O O a m tY 73 m tY 73 r= O m M M U M Z O M Q O O Y a1 O tl O O E U M Q Packet Pg.45 8.3,a RESOLUTION ACCEPTING UNDERTAKING SECURED BY CASH DEPOSIT N CONNECTION WITH POUGHKEEPSIE NISSAN N 0 o. WHEREAS, Maric LLC ("Applicant" and"Owner") is the owner of two parcels of real L property located at 1429 and 1455 Route 9 in the Town of Wappinger designated as Tax Parcels - m co 6157-02-607815 and 6157-02-607850 (the "Property"),which are being reviewed for Lot Line 4- Alignment and Site Plan Approvals by the Town of Wappinger Planning Board; and m WHEREAS, the Applicant/Owner seeks to file the lot line adjustment but the filing of said lot line adjustment creates certain issues related to the site plan on the Poughkeepsie Nissan N U- 0 property; and = Q WHEREAS, the Applicant/Owner has agreed to deliver to the Town a Cash Deposit in the form of a Bank Check(s) in the amount of$60,000.00 as security to guarantee that the Owner will v°� m pursue a site plan application to cure the necessary issues; and M M WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw o N against the aforementioned Cash Deposit in the event the Applicant/Owner does not receive Final W Approval and the project site is not restored in accordance with the terms of the Undertaking. m NOW,THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that a m the Cash Deposit in the form of a Bank Check(s) in the amount of$60,00.00 is acceptable and r- sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and o m BE IT FURTHER RESOLVED,that the Town Board hereby accepts the Cash Deposit in v the total sw-n of$60,00.00, as security for the faithful performance for the completion of the N obligations set forth in the Undertaking;and z m .y Q BE IT FURTHER RESOLVED,that the Town Supervisor is directed to deposit the Y aforementioned Cash Deposit in a bank account maintained by the'Town, to be held in escrow, 0 pending compliance with the terms of the Undertaking. o- 0 m Dated: Wappingers Falls,New York June 14, 2021 Q Packet Pg.46 6iadCy Cin N ruFToi7ioJ�IGHrT�kVl�w k� I>U wwT�RMARHOiI�I�c51;uMEn}ivat[rt IEt Gn�t� ial au Yvh 8 3 �I&TBank Buffalo NY 1'4240 F'�1fl4al��'rw_IEGIc rdIw51SAhd DATE , l u,'� to '1 4Y:_0 THE ORDER OF TOW[I OF 19AF'PI NGER. v � 60 ,000.00 o 'TidllEJ `�tftfr� .nF1,liir7i �t Ctl _� r v TWO AUTHDRIZEQ SIGNATURES REQLfEHEO F RMQ[1 S�$t0 OOQ 00&OVER V ur O AUTH O R IZ TYRE x y a1 O 10 2 586 6 I511' 1.0 2 20000461: 1700 10 199 1593411' N Q 0 0 m M M N O N co W N O O a m m 0 m U Z O .y Q O O Y a1 O 11 O O E v Packet Pg.47 9.1 Town of Wappinger Meeting:0 1/23/23 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Correspondence Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors: RESOLUTION 2023-33 Doc ID:5923 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Lo - 2 23-01-2 Number TO From Date Date Rec` Re: Agenda Date 81-23-881 Town Board Richard Cullen 11212823 /15512823 Public Hearing Comments to Local Law 112312:823 81-23-882 Town Board Lavelle&Finn,LLP 1102823 1!8!2823 RE:PaYoBoCo,Inc-30-Day Notice Form 1/2312:823 81-23-883 Town Board Centrad Hudson 11112823 11812823 Town of Wappinger Undertakin 112312:823 81-23-884 Town Board WappingerTown Court 1212312822 111112823 Court Re orfs and Certificates 112312823 81-23-886 Town Board IChelsea Fire district 1111/20231 V1 1120231 Le al Notice 112312823 81-23-886 Town Board Lee Anne Freno 1112120231 111212823 I December 2822 School Tax Re ort 112312823 81.23-881 Town Board Lee Anne Freno 1112120231 V12023JJanuaFy 2823 School Tax Re orf 112312823 81.23-888 Town Board Kenneth M.Sten er,ESQ 1/18/20231 11181282.3 Mid-Hudson Development Corp. 112.312823 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. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 1/19/2023 10:44 AM by Joseph P. Paoloni Page 1 Packet Pg.48 *60000000c)N N N N N N N N ❑ N N N N N N N N LL N N N N N N N N T T T r r T T T Q a (D In U Od c C O O J Z Y y ry a O o x U O O _ X c E OC C D � tll M co O O — �4"♦r E U ` U U 0 0 i U N > a1 1 a7�j 'Q U N (0 C o co J C O (� O a) N N C CU ® O O 0) N O V 1 = o Z CL c N z = N o = a} U C �_ O O co C'M co M M co M co N 00ooNNN000 0 N N N N N N N N () 1 LO A N N m r T T T r M ❑ ® M M M N M M M M O J N N N N N N N N N O CO CO 0 0 0 0 CO N N N N N N w NN N c W N M � Q ❑ r r T r r T T r N O M N O N 0 � O U L a) u LL —i N O 0 0 Q C CO p ❑ C C +. �_ L.L U) U LL L) Q N Q Q C U S C f0 v CU N C [Lcri (D.iY 0 -0 -o -0 -0 -0 00 0 0 0 0 0 0 mm00m0� mmm 0 0 0 f— � � F— 0 r N M -t Lo Cb i-- m M CO CO 0 0 0 0 0 0 E O O O O O 999 5 m Z CV N N N N CV Cit N o c5 0 0. o 0 0 Packet Pg.49 eCOddId VID JAN Q 5-,2023 January 2, 2023 Town Of Wappinger Town Clerk To: Town Board, Town of Wappingers My name is Richard Cullen and I reside at 374 Cedar Hill Road and am a Town of o Wappdnger taxpayer. With this letter, I am Informing you that I opposethe proggsed J development of lands o r Hill Road and Pine Rid a Drive. I am concerned with the traffic on these local roads. While the Sheriffs office and the New York State Police do a great job, there is little to no traffic enforcement on our roads. Traffic calming $ equipment has been used and you watch cars speed through to see how fast they are L going. In front of my house, I see speeding vehicles and vehicles driving completely in 0 the opposite lane between my house and the Gun Club. When Old Hopewell Road was being widened, the increase of traffic was quite evident. Cedar Hill Road is a cut M through to Rt. 52 in Fishkiil. o N At the last Town Board meeting, Ms. Bettina was not present. It was stated that she co had a "Informal" meeting with the developers. Could minutes from that meeting be composed and presented at the next town board meeting so that residents can here N what was said by both the developer and Ms. Bettina? o M N O N Sincerely, m E U Richard Cullen 374 Cedar Hill Rd. Fishkill, NY 12524 (845) 896-8456 Packet Pg.50 Lavelle JAMES D.WIGHAUS � S'iLmOECI�sStJ�(,1, ri1 ,A.f_f. RNFY Finn JAMLS@I,AVEEEEAND7�HNN.CrOM SIX Town of V'Vappftty 4, 2023 Town Clerk Via Overnight Mail with Tracking Number Joseph P. Paoloni, "Town Clerk AOL Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: PaYoBoCo, Inc. - Standardized 30-Day Notice Form for NY SLA Removal Application a� Dear Mr. Paoloni: 0 U Enclosed on behalf of PaYoBoCo, Inc., is an amended Standardized 30-Day Notice Form, signed by Paula E. Young-Barra, President of PaYoBoCo, Inc., for providing 30-Day Advanced Notice o to a Local Municipality or Community Board for the filing of a Petition for Removal with the New York. State Liquor Authority. L 0 U "The same notice was mailed to your office on August 12, 2022. and later submitted with the Petition M for Removal to the New York State Liquor Authority on.November 2, 2022. Upon the New York. N State Liquor Authority's review of the Petition for Removal, it was determined that the 30-Day N Standardized Advance Notice Form required a revision to include Patron Dancing. Therefore,the CO enclosed form satisfies that revision. M Please do not hesitate to contact us if you have any questions or if you require any additional information. Thank you. M N O N Very truly yours, a� I AVELLE & FINN, LLP Q By: aures ED. Wigha s 1:��1�ru� ;� lN�ti:^ f.l'rr,'Ido "a�il ,lrti,�laisat.r7t�i � w�kn�a.�itil.Ile�s¢axVf�tiu7.�rnE� N; Packet Pg.51 181��..1 71 :h opU-rev0329?018 OFFICE USE ONLY O Original 0 Amended Date �.' M „ trr,gy 49 Standardized NOTICE FORM for Providing 30-Day Advance Notice to a Local Municipality or Community Board 1.Date Notice was sent; 101/04/2023 1a,Delivered by, Overnight Mail with Tracking Number 2,Select the type of Applicatlon that will be filed with the Authority for an On-Premises Alcoholic Beverage License; 0 New Application 0 Renewal 0 Alteration 0 Corporate Change 19 Removal 0 Class Change 0 Method of Operation Change For New applicants,answer each question below using all information known to date For Renewal applicants,answer all questions For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s) For Corporate Change applicants,attach a list of the current and proposed corporate principals For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation For Class Change applicants,attach a statement detailing your current license type and your proposed license type For Method of operation Change applicants,although not required,if you choose to submit,attach an explanation detailing those changes o J This 30-Day Advance!Notice is Being Provided to the Cleric of the Following Local Municipality or Community Board: U O m 3, Name of Municipality or Community Board; Town Of Wappinger = O Q Applicant/Licensee Information: L 4.Licensee Serial Number(if applicable); 2212753 Expiration Date(if applicable): U 5,Applicant or Licensee Name: PaYDBoCo, Inc. M M M 6,Trade Name(if any); I Paula's Runway Cafe 04 0 N 7.Street Address of Establishment: 263 New Hackensack Roadrn' W s.City,Town or Vlllage; Wappinger I NY zip Code; 112590 M 9, Business Telephone Number of Applicant/Licensee: (845)240-1940 N 0 10. Business E-mail ofApplicant/Licensee; paulaspub@gmall.com N 0 11.Type(s)of alcohol sold or to be sold: 0 Beer&Cider 0 Wine,Beer&Cider Q) Liquor,Wine,Beer&Cider N O 12, Extent of Food Service: O B Full food menu;full kitchen run by a chef or cook 0 Menu meets legal minimum food availability requirements;food prep area at minimum v 13.Type of Establishment; lRestaurant (full kitchen and full menu required) Q 14.Method of Operation; ❑ Seasonal Establishment _❑Juke Box E]Disc Jockey EJ Recorded Music ❑Karaoke (check all that apply) ❑ Live Music(give details i.e.,rock bands,acoustic,jazz,etc.): 0 Patron Dancing ❑ Employee Dancing ❑Exotic Dancing ❑Topless Entertainment ❑ Video/Arcade Games ❑Third Party Promoters []Security Personnel ❑Other(specify); 15. Licensed Outdoor Area; ❑ None Q Patio or Deck ❑Rooftop []Garden/Grounds ❑Freestanding Covered Structure (check all that apply) ❑ Sidewalk Cafe ❑Other(specify); Page 2 of 24 Packet Pg.62 opla rev43292415 LOO OFFiCCUSEQNLY ISInal 0 Amended Date _. 49 15.list the floor(s)of the building that the estabilshment is lotat,edi First`Fl©QC 17,List the room number(s)the establishment is located in within the buliding,if appropriate: First Floor.Cafe in Airport Terminal 18.Is the premises located within 544 feet of three or more on-premises liquor estabkshments? ®Yes 0 No 19,Will the license holder or a manager be physically present within the establishment during all hours of operation? eyes O No 24.if this is a transfer application(an existing licensed business Is being purchased)proMe the name and serial number of the licensee; Name serial Number 21,Roes the applicant or licensee own the building in which the establishment is located? 0Yes(if YES,SKIP 23-26) Q No Owner of the Building in Wh1ch the Licensed Establishment Is Located 0 J 22,Building Owner's Full Name; CpUnt pf Dutchess, Attention: Jeff Durand v 23,Building Owner's Street Address: 22 Market Street 24.City,Town or Village; �pu hkee lie state; New York zip code: 2 01 N a� L 25 Business Telephone Number of Building Owner; 1(845)463-6000 0 M M Representative or Attorney Representing the Applicant in Connection with the N Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice N U) 26Representative/Attorney's Full Name: StBVen C'y, Thomas w 27.Representative/Attorney's Street Address: 29 Bill American Boulevard N 28.city,Town or Village; Latham State: NBW York rip code. 12110 M N O 29,Business Telephone Number of Representative/Attorney; (51 869-6227 N 34.Business Email Address of Representative/Attorney: 5tE'V@IaVelleandflnn.com E U I am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Q Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license.I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of(Perjury-that the representations made in this form are true. 31, Printed Principal Name; Paula E, Youn -BOrra Title; President Principal Signature: Page 3 of 24 Packet Pg. 63 PETITION FOR REMOVAL STATEMENT Statement with Reason for Relocation On Tune 7, 2022, a Standardized Notice Form for a new application to be filed with the New York State Liquor Authority was sent to the Town of Wappinger via certified mail for Bunghee Boy Inc. The address of the establishment is 263 New Hackensack Road, Wappinger, New York 12590 (the "Airport"), which is located on the first floor of the Hudson Valley Regional Airport, At this time,the new application related to that Standardized Notice Form has not been filed with the New York State Liquor Authority, a� 0 The President of Bunghee Boy Inc., Paula E, Young-Borra, is also the President of PaYoBoCo, m Inc. d/b/a Paula's Public House. Paula's Public House is located at 2186 New Hackensack Road, _ Poughkeepsie, New York 12603 (the "Public House Location") and has a current on-premises license with the New York State Liquor Authority. That on-premises license has an expiration 00 date of August 31, 2022, however, Paula E.Young-Sorra will be renewing the license prior to its expiration. Unfortunately, on or about September 26, 2022, Paula's Public House will no longer o occupy the Public House Location due to a variety of issues with the building. v M Paula E.Young-Borra now desires to forego the new application with the New York State Liquor N Authority to obtain a license for Bunghee Boy Inc. at the Airport and file a Petition for Removal N with the New York State Liquor Authority on behalf of PaYoBoCo, Inc. The Petition for Co Removal will request that the current license held by PaYoBoCo, Inc. for the Public House Location be removed and relocated to the Airport. N Therefore, the licensed premises on the current license held by PaYoBoCo, Inc. would become M the Airport. N CDN C .. ._ E Q Packet Pg.64 '5 1 9.1.a ' " e09i ea.>\ &n,tral Hudson plece A Clifton A. "dynes I Sr.Risk Administrator Phone (845)486-5972 ot Fax (845)486-5376 N c e E-mail:ctyizes@cenhttd.conz a1 O January 1, 202:3 O U O O Town of Wappinger $ P.O. Box 324 a L 20 Middlebu'sh Road v Wappingers Falls, NY 12590 0) Attention: Mr. Joseph P. Paoloni, Town Clerk M M N O N co Re: Town of Wappinger Undertakin w M N ItO Dear Mr. Paoloni, N 0 N The enclosed document replaces the undertaking issued on January 7, 2022. a� E If you have any questions, please feel free to contact me at the above address. U Q Sincerely, C-- 'The CH Energy Group Coompanies Central Hudson Gas&Electric Corporation [ Central Hudson Enterprises Corporation Central Hudson Electric Transmission LLP I Central Hudson Gas Transmission LLP 284 Soutar Avenue Poughkeepsie, NY 12601 (845)452-2000 www.CH EnergyGroup.com Packet Pg.66 w Receive g.1,a UNDERTAKING A N � ' ' CENTRAL HUDSON GAS&ELECTRIC CORPORATION 09 WHEREAS, CENTRAL HUDSON GAS & ELEC'TRIC CORPORATION ("CeTow al" l dsoV , PPi Corporation organized under the laws of the State of New York, having its principal office in the I Y.`a . , Poughkeepsie, New York, will be licensed or permitted from time to tirne, during a one-year period commencing. January 1,2023 and ending December 31, 2023,. by the TOWN OF WAPPINGER, DUTCHESS COUNTY to make openings or excavations in any street, avenue or public place in the TOWN OF WAPPINGER, for the purpose of installing,maintaining or replacing its mains,pipes,wires or appurtenances. NOW, Central Hudson undertakes, on behalf of itself, its agents, and its contractors, to properly perform the above-described operations and to properly backfill any excavations or openings created thereby to the o J reasonable satisfaction of the TOWN OF WAPPINGER, or its duly authorized representatives, and that if it fails to m perform any of the above conditions„ it will be bound to and make payments to the TOWN OF WAPPINGER in an o Q amount not exceeding the sum of SIX THOUSAND DOLLARS ($6,000). This undertaking is limited to the costs m L 0 incurred by the TOWN OF WAPPINGER to correct any defects in the workmanship of Central Hudson, its agents, U M and its contractors in the above-described operations, and it does not extend to any costs that may be incurred by the M N O TOWN OF WAPPINGER by reason of claims by third parties arising from said operations. W SEALED,with the Seal of this Corporation, and dated this ) day of,J01,2023. N It- CENT AL HUD ON GAS & ELE RI CORPORATION q M r� N By: / ✓ N Lora Gescheidle _ Chief Financial Officer and Treasurer E STATE OF NEW YORK ) ;g SS. Q COUNTY OF DUTCHESS Nis On this day of { r t,,4 _V13 before me personally came Lora Gescheidle,to me known, who,being duly sworn, did depose and say that he resides in the Town of Poughkeepsie, Dutchess County,New York,that he is the Treasurer of the CENTRAL HUDSON GAS & ELECTRIC CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal;that it was so affixed by authority of the board of directors of said corporation;and. that he signed his name thereto by like authority.. OTARY PUBLIC- STA FE OF NEW YORK DONNA M.GIAMETTA. NotarY Publio, St to of Ne,w York No.01015067398 Oualified in Ulster(3 aunty COMMission EXP08 fMet, 1 x­� ° Packet Pg.66 STATE OF NEW YORK. �$ of Now J UNIFIED COURT SYSTEM EMPIRE STATE PLA7A 4 ESP,SUITE 200t a ° ALBANY,NEW YORK 12223-1450 A` (518)453-865000 00q Courts� 0\ HON.TAMIKO AMAKER HON,NORMAN 5T.GEORGE Acting Chief AdminlstrativeJudge Deputy Chief AdministraLive Judge Courts Outside New York City December 23, 2022 Hon. Carl S. WolfsonIv ed Wappinger Town Court JAN 17, 2023 20 Middlebush Road °�° 0 Town Hall Iowa of Wappinger 0) Wappingers Falls,NY 12590 Town r k Dear Judge Wolfson-0 Q Pursuant to §17.2 of the Rules of the Chief Judge, every Town and Village j adge is L required to complete a certain amount of Continuing Judicial Education (CJE) credits annually in 0 order to be Certified to act as justice within their respective municipality. Enclosed please find your Continuing Judicial Education Certificate of Completion for 2022. The enclosed.Certificate M certifies that you have completed your necessary education and training requirements for the 2022 0 calendar year. Proceed.as follows for each judicial office held. (Nate: if you are both a town v justice and a village justice,you must have two certificates - one for each position,) M N Igor the office of Town Justice, a copy of the certificate is to be filed with the TOWN 0 CLERK. M N O N For the office of Village Justice or Acting Village Justice, a copy of the certificate is to be filed with the VILLAGE CLERK. E U ra Please feel free to contact this office at 1-800-232"0630 if you have any questions. Q VeryTruly Yours, 4*;Ltr Jennifer R. DiLallo Director Office of Justice Court Support Enclosure Packet Pg.67 riq o �r 04O CA s Ste/ �N N cO �cl TB1 Q L/� o W p N N O ro v IZ wC Packet Pg.68 STATE OF NEW YORK �$ of N W Y UNIFIED COURT SYSTI-M EMPIRE STATE PLAZA 4 ESP,SUITE 2001 ALBANY,NEW YOPK 12223-1450 (519)453-8650 @q COUft� HON.'TAMIKO AMAKER HON.NORMAN ST.GEORGE Acting Chief Administrative Judge Deputy chief Administrative Judge Courts Outside New York City December 29,2022 Hon. Heather L.Kitchen ecelve Wappinger Town Court 20 Middlebush Road SAN 17 2Z a, Town Hall � Wappingers Falls,NY 12590To fi � ? i'. U Y � Dear Judge Kitchen: Torn 0"e �� O O Q Pursuant to §17.2 of the Rules of the Chief Judge, every Town and Village judge is L required to complete a certain amount of Continuing Judicial Education (CJE) credits annually in v order to be Certified to act as justice within their respective municipality. Enclosed please find M your Continuing Judicial Education Certificate of Completion for 2022. The enclosed Certificate M certifies that you have completed your necessary education and training requirements for the 2022 N calendar year. Proceed as follows for each judicial office field. (Note: If you are both a town w justice and a village justice,you must have two certificates -one for each position.) M N For the office of Town Justice, a copy of the certificate is to be filed with the 'TOWN o CLERK. N 0 N For the office of Village Justice or Acting Village Justice, a copy of the certificate is to be fled with the VILLAGE CLERK. E U Please feel free to contact this office at 1-800-232-0630 if you have any questions. Q Very Truly Yours, 4441ktr Jennifer R. DiLallo Director Office of Justice Court Support Enclosure Packet Pg.59 O � �« J f7 tt"' Oil u • r9 7 ) r O N 00- o c c' wr N n CD C12 C� t C% uq row + Co wh M ro G g04 �tN E o n t-j tiwd � a Packet Pg.60 TOWN OF WAPPINGER TOWN JUSTICE + � � TOWN JUSTICE HEATHER L. KITCHEN CARL S. WOLFSON JUSTICE COURT 20 MiDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590-0324 (845)297-6070 (845)297-7739 FAX:(845)297.0145 COURT HOURS; Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5,30 P.M. 1st and 3rd Thursdays 5,30 P.M _ J0 January 5"', 2023 deceived a� U Supervisor Thurston and Members of the Town Board ��� � Town of Wappinger Town Hall 0 20 Middlebush Road I vwrl or Wappinger Wappingers,NY 12590 I'awn Clerk o U Re: Carl S. Wolfson, Town Justice Monthly Report, December 2022 M M N Dear Supervisor Thurston and Members of the Town Board; N rn W The following is a report of the cases disposed of during the month of December 2022; M N 10 Penal Law matters resulting in $120.00 collected in fines and fees. o 207 Vehicle and Traffic Law matters resulting in $14,305.00 collected in fines and fees. N 3 Civil matters resulting in$25.00 collected in fees. N 17 Termination of Suspension matters resulting in $1,540.00 collected in fees. 2 Town Ordinance matters resulting in$0.00 collected in fines. E U I have forwarded a check in the amount of$15,990.00 to the Town of Wappinger Q Comptroller. In addition, I am holding $18,584.00 in pending bail. Resp e is itted, G Carl S. olfs , To'wnJustic Qc: Joseph aolo ', Town Clerk Packet Pg.61 TOWN OF WAPPIIa GER TOWN JUSTICE '/��' TOWN JUSTICE HEATHER L. KITCHEN CARL S. WOLFSON o i ,JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 (845)297-7739 FAX: (845)297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. o J 0 January 5"', 2023 � 0 Q Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall o 20 Middlebush Road v Wappingers, NY 12590 M M N Re: Carl S. Wolfson, Town Justice Yearly Report, 2022 N rn W Dear Supervisor Thurston and Members of the Town Board; M N The following is a report of the cases disposed of during the year of 2022; o M N 137 Penal Law matters resulting in $2,880.00 collected in fines and fees. N 3,465 Vehicle and Traffic Law matters resulting in $283,633.00 collected in fines and fees. E 100 Civil matters resulting in $1,100.00 collected in fees. U 197 Termination of Suspension matters resulting in$17,500.00 collected in fees. Q 30 Town Ordinance matters resulting in $1,335.00 collected in fines. 6 Executive Law matters resulting in $300.00 collected in fees. 13 Transportation Law matters resulting in$450.00 collected in fines. 1 General Business Law matter resulting in $0.00 collected in fines. 2 Environmental Conservation Law matters resulting in $0.00 collected in fines. 1 Bail Poundage matter resulting in$15.00 collected in fees. 4 Tax Law matters resulting in $275.00 collected in fines. 4 Alcohol Beverage Control Law matters resulting in $0.00 collected in fines. 1 NYCRR Law matter resulting in $200.00 collected in fines. I have forwarded all monies in the amount of$307,688.00 to the Town of Wappinger Comptroller. Packet Pg.62 TOWN OF WAPPINGFR, TOWN JUSTICETOWN JUSTICE HEATHER L. KITCHFN ` CARL S.WOLFSON s JUSTICE COURT 20 MIDDLEBtUSH ROAD WAPPWGERS FALLS, NY 12590-0324 (645)297.6070 Received (845)297-7739 FAX: (645)297-0145 COURT HOURS: Tuesday 5:30 P.M. �AN .Zaz January 3`d' 2023 2nd and 4th Wednesdays 5:30 P.M. ist and 3rd Thursdays 5:30 P.M Town Of Wappinger O Supervisor Thurston and Members of the Town Board Town Clerk J a) Town of Wappinger Town Hall = 20 Middlebush Road Wappingers,NY 12590 0 a� Re: Heather L. Kitchen, Town Justice Yearly Report For 2022 0 U Dear Supervisor Thurston and Members of the Town Board; M M N The following is a report of the cases disposed of during the year 2022; N rn W 144 Penal Law matters resulting in$2,660.00 collected in fines and fees. 2613 Vehicle and Traffic Law matters resulting in $257,267.00.00 collected in fines N and fees. o 90 Civil matters resulting in $909.00 collected in fees. 04 M 154 Termination of Suspension matters resulting in$13895.00 collected in fees. N 17 Town Ordinance matters resulting in$1,125.00 collected in fines. 2 Exec/DNA matters resulting in $100.00 collected in fees. E 12 Transportation Law matters resulting in $150.00 collected in fines. U 2 ECL matters resulting in$150.00 collected in fines. Q 3 Tax Law matters resulting in $175.00 collected in fines. 1 NYCRR matter resulting in $0.00 collected in fees. The amount of$276,431.00 has been sent to the Town of Wappinger Comptroller for the year 2022. Respect sub tted, Heather 4, Kitchen Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg.63 TOWN OF WAPPINGER TOWN JUSTICE TOWN JUSTICE HEATHER L. KITCHEN ��' CARL S. WOLFSON JUSTICE COURT 20 VDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 (845)297-7739 FAX: (845)297-0145 " COURT HOURS: Received Tuesday 5:30 P.fvl. 2nd and 4th Wednesdays 5:30 P.M. January 3 2023 rd 1st and 3rd Thursdays 5:30 P.M. JAN 17 2023 , a� Wappinger of 0 Supervisor Thurston and Members of the Town Board ®��Towfj Clerk m Town of Wappinger Town Hall 20 Middlebush Road Q Wappingers,NY 12590 L L 0 Re: Heather L. Kitchen, Town Justice Monthly Report, December 2022 v M M Dear Supervisor Thurston and Members of the Town Board; N 0 N The following is a report of the cases disposed of during the month of December 2022; W 8 Penal Law matters resulting in 0.00 collected in fines and fees. N 151 Vehicle and Traffic Law matters resulting in$12894.00 collected in fines and fees, o 8 Civil matters resulting in$52.00 collected in fees, N 12 Ten-nination of Suspension matters resulting in $980.00 collected in fees. N 2 Town Ordinance matters resulting in $50.00 collected in fines. a� >_ I have forwarded a check in the amount of$13976.00 to the Town of Wappinger U Comptroller. In addition, I am holding$2,711.00 in pending bail Q Respectfull sub itted, Heath Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg.64 TOWN OF WAPPINGEP TOWN JUSTICETOWN JUSTICE HEATHER L. KITCHEN CARL S, WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297.6070 (845)297.7739 FAX: (845)297.0145 COURT HOURS: Tuesday 5:30 P.M. Received 2nd and 4th Wednesdays 5:30 P.M. r 1st and 3rd Thursdays 5:30 P.M. February, ;2Q22 .IAEI 17 202 0 u Supervisor Thurston.and Members of the Town Board '° I (� ' Town of Wappinger Town HallTown Clerk o 20 Middlebush Road N Wappingers,NY 12590 L 0 U Re: Heather L. Kitchen, Town Justice Monthly Report, January 2022 M M N Dear Supervisor Thurston and Members of the Town Board; N rn W The following is a report of the cases disposed of during the month of January 2022; 16 Penal Law matters resulting in$205,00 collected in fines and fees. N 140 Vehicle and Traffic Law matters resulting in$44,49-3-OG-collected in fines and o fees. 9 4 01 r o 4 Civil matter resulting in $35.00 collected in fees. "' 1 Termination of Suspension fees resulting in$70.00 collected. 1 Executive Law resulting $50.00 collected. _ U Q I have forwarded a check in the amount of$14,372.00 to the Town of Wappinger Comptroller. In addition, I am holding $7,711.00 in pending bail. Respectfull ub - ed, Heather L. Kitchen Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg.66 Chelsea Fire District 15 Liberty Street T.0. Box 128 —Town of Wappinger Chersea, New2'or 1 12 Received +r 6 JAN 11 202 a'0 0 Town n of Wappinger Town Clerk e LEGAL NOTICE PLEASE TAKE NOTICE that the Chelsea Fire District of the Town of Wappinger, County of Dutchess, New York, will hold its regular meeting for the year 2023 on the second Monday of each month. a, 0 All meetings will commence at 7:30 p.m. on that day at the Chelsea Firehouse located at 15 Liberty Street, 4) in the Town of Wappinger, and are open to the public. 0 This notification is being given in accordance with the provisions of Section 94 of the Public Officers Law °Q of the State of New York. By order of the Board of Fire Conunissioners of the Chelsea Fire District. a L 0 U Claire Gibson M Fire District Secretary M Chelsea Fire District N 0 N co W d' M N O M N O N E V fC Q Packet Pg.66 9.1,a TOWN OF WAPPINGER SUPERVISOR RECEIVER OF TAXES „� Dr.Richard Thurston Lee Anne N"rend TOWN BOARD William H.Beale 20 NUD DLEt USH ROAD Angela Bettina WAPPINGERS FALLS,NY 125911 Christopher Phillips rWWW.•roWNc1F'ki'� { I PPINGER.US Al Casella 845 297-4158-Main �v TOWN CLERK (845)297-4342-Direct Joseph P.Paoluui (845)297-1.478--Fax " �� HIGHWAY'SUPERINTENDENT (V&mv 1i'�#Okee 'lverof Taxes Michael Sheehan AOL DECEMBER 2022 SCHOOL TAX REPORT Received JAN 12 2023 BEGIN. BANK RAL. $ 2,389,641.60 'Town n o IST ern 0 Receipts/DepositsTown Clerk Interest $ 152.32 _ m Bank Error = 0 Other Total $ 2,390,593.92 L 0 L) Less Disbursements/Adjustments M Checks Paid $ (2,381,158.49) N Returned Checks N co Bank Error W w Misc. ENDING BANK BAL. $ 9,435.43 N 0 Less Pending Checks $ (209.25) `14 ENDING BOOK BALANCE $ 9,226.18 N 0 m E 5ubm'tted by: U Q Le` I ne Freno, Receiver of Taxes Packet Pg.67 DECEMBER 2022 ` ` SCHOOL TAX RECEIPTS A B C D E F G H I J I DATE AMOUNT ;? BATCH TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURNS 2 RECEIVED ' NO. FEE FEE PAYMENT CHECK FEE 3 4 12/30/2022 $ 952.34 $ 952.34 5 6 TOTAL $ 952.34 $ 952.34 } r� a1 O J O ,3 V O Q N L L O U M M M ;+ O N co W M N r O M N O N O O E V fC Q Packet Pg.68 DECEMBER 2023 ` ` SCHOOL TAX DISBURSEMENTS A B. C D E F G H 1 2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CHECK NO. 3 DISBURSED PAYMENT 4 5 $ - a� 0 J O V O O O O Q N O L L O U M M M N O N co W M N O M N O N O O E V m Q Packet Pg.69 9.1,a TOWN OF WAPPINGER SUPERVISOR RECEIVER OF TAXES Dr, RichardThurston Lee Anne I'reno � � � TOWN BOARD 20 MH)I7LEBUSH ROAD William 11. Beale WAPPINGERS FALLS,NY 12590 Angela Bettina Christopher Phillips MN1M'.TOWNiOFNVAPPINGE;1tXS Al Casella (845)297-4158.MainTOWN CLERK (845)297-4-142-Direct P.Paoloni (1345)297-14713-Bias 1110HWAAY'SUP1a;R[N'1"ENDENT ffice of the e -axeS Michael Sheehan AL 9.0 JANUARY 2023 SCHOOL TAX REPORT Received BEGIN. BANK RAL. $ 9,434.43 JAN 1. 2 Z023 Receipts/Deposits $ - a� Interest Town of Wappinger m Bank Error Town Clerk Other $ 9,434.43 0 Total sz m L L Less Disbursements/Adjustments v Checks Paid $ (9,226.18) M Returned Checks M N Bank Error o N Misc. to W ENDING BANK BAL. $ 208.25 N 0 Less Pending Checks $ (208.25) N 0 N ENDING BOOK BALANCE $ E V fC Q Submitted by. Lee Anne Freno, Receiver of Taxes Packet Pg.70 JANUARY 2023 ` ` SCHOOLTAX RECEIPTS A B C D E F G H I J 1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURNS 2 RECEIVED NO. FEE FEE PAYMENT CHECK FEE 3 $ O J O V O O O Q N O L L O U M M M N O N co W M N ItO M N O N O O E V m Q Packet Pg.71 JANUARY 2023 ` SCHOOL TAX DISBURSEMENTS A B C D E F G H 1 2 DATE AMOUNT DCCT: SUPERVISOR OVR/DUP CHECK 3 DISBURSED PAYMENT NO. 4 5 1/12/2023 $ 9,226.18 $ 9,226.18 INTERESTI 1057 6 7 ITOTAL $ 9,226.1.8 $ 9,226.18 a� O J O V O O O O Q N .m O L L O U M M M N O N W M N r O M N O N O O E V Q Packet Pg.72 000 00b STFNass, '�S 0�,` 173G Rokfte 9 Wappingers Falls DIAMOND &GLASS, e ;"� 1 eceived New.York 12590 Poughkeepsie Journal Building 8:5✓lvic.Center Plaza,.Suite 100 U� 2 (845)298-2000 ,��+ �' Zflfl � Poucghkeep5ie, NY 12:601 +.znusS�t7?4 2'l oW)2 rt (845}248amc ® W aPO"g" Kingston 0frice in#aC�s:rJgl:aw.ei�m '� January 1$, 2023 'f®� 303 Cllntert Avenue „6. sdgl;aw.V:nm ' Kingston, NY 12401 I','y„F1P',,r`;,trrA4tV L>na1 !,Vejc,me.4#ixe�sa n11 i;t Cl u�rf:?S VIA EMAIL ONLY Krnneth N1.Stenger Dr. Richard L. Thurston,Supervisor en E.Diamond- (��lr.ddr�t(Jtl.��f?Ivrr,u lf'E'rE J?Irk er"tJ1'• '>��') iinsstca J.Glass Tawr�of Wappinger Karen E-Hagstr�rni 20 Middlebush Road a, Ian C.t.irzdatrs Wappingers Falls,NY 12590 O u A,J'lupi William H.Beale, Councilman(141)uyle64Wrr1r oftvcr pz;=tgern ,g1) Albert P.Roberts Town.of Wappinger Town Board PARTNER EMERITUS o= 20 Middlebush Road N Wappingers falls,ISN.12590 J`ul�-�r•y i�a�c Ephraim . L. O Jad Haddad U Angela Bettina, Councilwoman iverpt,n.n epnj' Yov) COUNSEL Town of Wappinger Town Board T M Joan,R Garrett- 20 Middlebush Road o Wappingers Falls,NY 12590 v W PARALF_GAE..S � Christopher Phillips, Councilman( llc s i'rt1€atzrr r �rr� iia<> rr rr t Elizabeth ifrArno Town of Wappinger Town Board. Jennifer Area � 20 Middlebush.Road q Allam Brownco Wappingers Falls,NY 1259:0 TammyJohnson Q i1114'i Modina Al Casella, Councilman (/;1am,11a fi;fo rtrLLivrrpfrrr err vjj ,rry Alison:secor Towne of Wappinger Town board E 20 Middlebush Road u CLOSING CCSOR )INATO S Wappingers Falls,NY 12590 Q Mwia1., banes Sandra A.TLImer Joseph Paol.on.i, Town Clerk (.Ij.7lT()f(11#1(t� Town of Wappinger Town Board 'ALSO ArrNIM'ED IN FL&MA 20:Middle bush Road "ALSO ADMITTED Ery CT Wappingers Falls,..NY 12.590 Re. Mid-Hudson Development Corp. with Town pf Wappinger Ceelen Hill Hekhts SD G.File.No. 3 1.30.6106 Dear Members of the Town Board: Packet Pg.73 b First, I want to thank you for acceding to y request for an adjournment in these matters. The surgery is com. pl.ete, I am now well into the recovery period. I :loop forward to seeing each of you on the evening of January 23, 2023, at which time this application will be further considered by you. In.the interim, I have.given thought to the recommendation of the County Planning Department that the Town's interest might be best served by amending §240-50 rather than eliminating it. That advice was givers in the abstract, Uowever, i.n retrospect, that advice is prescient.when considered in the context of the conversation before the Board on December 1.2, 2022. During the course of that evening, the applicant was given the opportunity to. show the public how this statute might provide benefits to the public that the public clearly did not otherwise understand were available. The reaction to that J presentation was an engagement in interest by all parties, 0) The possibility of the dramatic preservation of open space and the provisiO.n of mLu-�cipal water to existing residences caught the imagination and attention of °Q those in,attendance. On the other hand,the deeply held concern'tha:t the gram of L the application would inevitably result in the depreciation of.residential values it o the neighborhood; caught the attention of the applicant, v M M As a Qw-isequenee.of that circurnstance, the applicant has undertaken a thorough. N review of§240-50 with an eye,toward modifying the salve so that only projects N which clearly demonstrate a publio benefit will fit within.its.purview under those w amendments, the design of any eligible project would be such as to ameliorate � public:concern that its i nplementation would have a negative impact on existing N residential uses, while at the same time providing a public benefrt to them. o M As a consequence of the same, the applicant has prepared a wor.tcin.g and redlined N revision of§240-50 which is covered by this correspondence and invites your reaction. I would offer you the following: E .A. The applicant's proposal is serviced by.a single roadway with entry acid exit points at two points on a Town road. This design dramatically limits the Q length of roadway which would be constructed if the applicant's parcel were developed in accordance with existing zoning. The applicant proposes a permanent condition of eligibility by amending to limit eligibility to only applications which feature the two points of access such as is proposed by this one or otherwise demonstrates a significant reduction in road infrastructure from that required by an "as of right"application.. Incidentally, in doing so, the proposed amendment would eliminate the reference to a collector road.in the existing which would thereby remove the need to resolve the.inherent conflict between the Town's M.aster.Plan and its Packet Pg.74 9r1.a' Highway Inventory insofar as one designates Cedar Road as a collector road. and the other does not; and B. The applicant's proposal provides preservation of open space which constitutes 66% covered by it. The applicant proposes that this circumstance be established as a standard:Eor eligibility under§240-50 by modifying §240- 50(D)(2) to require that any application tinder this chapter be limited to applications which demonstrate a similar ratio of open space preservation; and C. This application has the ability to bring much needed public water to the residents of the neighborhood in which the application is proposed..None of us failed to hear numerous statements by speakers in which a passionate demand was made that water be brought to the residents before it was made available to the applicant: J a) Father than treat that understandable andreasonable de►nand as a.zero-sum choice,the applicant proposes to modify§24050 by adding a new eligibility = regtdrement for any application made under the statute at §240-50(B)(4). The 0 Q proposed as a condition of eligibility,that any application made under this L statute provide infrastructure benefits to no fewer than 50% ofdevelaped o residential parcels within 100 feet of the boundary of the parcel which is the v subject of that application, assures the delivery of that benefit in every M ppli cation. N 0 N Here,.the applicant proposes that the statute be modified so that the public will CO be assured an application made under this.secti:on will be an engine for bringing infrastructure improvement to its neighbors, including water, rather N than the applicant making use of that infrastructure to the exclusion of its existing neighbors, and M N O 04 D. What also was plainly expressed at.the hearing was a concern that the introduction of multi-family housing within single4aariily dwelling commii.ties do not result in the diminishment of value of that existing � community, That is a fear genuinely.hold by the public evert if it is the case that the fear is fancied by somefor political ambition. Q The applicant's proposal addresses that tear directly in its composition and design as a infix of single-family dwellings and multi-farnily dwellings. It is evident that the value of multi-fi tidy dwellings and the single-family dwellings must suppail each other in order for the project to succeed, That dynamic is the best way to address concern that the introduction of multi- family dwellings into a single-family dwelling coinrnunity will damage the value of that community. The applicant has proposed an amendment to §240-50 which will go further than that. It proposes, at §240-50(D)(3)(d),that"parcels containing multi Packet Pg.76 family dwellings shall be created wholly within the existing;parcel and shall riot abut adjacent residential parcels," In this way;the existing residential community will be assured that any future application under §240-50 will. provide a buffer between its multi-family conaponent and any existing residential corrimunity. It will ensure that the multi-family component of the application be integrated mato the single-family dwelling,of the application in a manner that will.require that each of those elements to cross support their value. There are proposed changes at §240-50(E)which would reduce-the complexity of the approval process under the existing statute and §240-50(E)(1)(a)[5] which would create an.additional analysis of the:impact of the project as part of is review by the Planning Board, a, 0 In ,short, my client:has proposed a realistic response to the genuine concerns of 0 those who spoke when this matter was last considered by the Board, Rather than simply repeal §240-54 over the objection of the County Planning Department, _ why not:first explore whether or not,by arn:endinentthis statute may be 0 employed by the Town as a useful and constructive tool to bring much.needed � housing to the Town while at the same time bringing much needed infrastructure o benefit to its neighbors, and each without threat to existing.residential values? v M M It is always easier to simply say no. The easiest politics are the politics ofd fear. N Unfortunately,that path of least resistance may cost a genuine opportunity to do N something politically creative, CO W I ask you to tale a hard look at what is proposed by this correspondence and.the M amended statute which is covered by it. I world respectfully suggest to you that it presents just such ail Opportunity to this Town Board,which ought:to be carefully M examined rather than be summarily rejected, I ask that this Board,do nothing less, N I would very much appreciate the opportunity to discuss this with the Board .dii,ectly. _ a� E Thank you for your consideration. Q Very truly yours, STENNGER,DIAMOND4ESQ, & GLASS,LLP KENNETH 111. S I khle.rIaq /cId"I KMSllelg$ En. c. cc: ,Tames P.Horan, Esq. Mid-Hudson Development Corp. Packet Pg.76 40-50 Designed residential deyel[opMent. A. Purposes and intent. A special permit may be granted after public heariing by the Town Board for a designed residential development where the General Land Use and Development Plan for such development is found to comply with the standards of this section and all other applicable sections of this chapter and where such development shall be designed to achieve the following objectives: M The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of other sections of this chapter. The preservation of water bodies, wetlands, steep slopes, hilltops, ridge lines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic and ecological value and the prevention of soil erosion and minimization of flood hazard. a� An efficient use of the land so as to facilitate the adequate and economical provision and maintenance of 0 streets and drainage facilities and the establishment of central sewage treatment and water supply systems as 0 an integral part of large-scale future residential developments on the major remaining undeveloped lands in the Town, so as to promote the public health, safety and welfare and minimize potential pollution hazards. o N Innovation, flexibility and variety in the type, design and layout of residential housing so as to permit greater o variety in the choice of housing type, living environment, occupancy tenure and housing cost. c.) M The maximum provision of community, social, recreational, cultural and other service facilities as integral N parts of newly constructed residential communities. N B. Ch W Eligibility requirements. 1�q'� M ��r N Minimum site size. The minimum size area for a designed residential development shall be a parcel of land It- 9 adequate in size to accommodate 1001 building lots of at least the minimum lot area normally required for M detached one-family dwellings in the district in which it is located, except that where such developments are N to be served by public water and sewer systems, the minimum site area need only be adequate to accommodate at least 50 building lots. E M U Access. A designed residential development shall have frontage on and access to a PFIFflary eF @ r=GlleGtGPTowt Q and or redCount Road. The Desi ned Resider7tial Develo went shall have 2 points of egress onto said Town and/or County road.-as o M Ownership. The land proposed for a designed residential development may be owned by one or more persons or corporations, but shall be combined into a single contiguous parcel of land at or prior to the time of application to the Town Board.The applications shall be jointly submitted by all owners and, if approved, shall be jointly binding on all of them. Provide infrastructure benefit Eas deemed by the To n Board)to no less than % of developed residential parcels within 100' of parcel boundar�. C. Permitted principal uses. Packet Pg.77 The permitted principal uses within a designed residential development shall be limited to those specified below. Permitted accessory uses and special permit uses which are accessory to one-family an,d multifamily dwelling units shall be the same as those allowed in one-family and multifamily residential districts, respectively, as set forth in the Schedule of Use�Regulations-- Residential Districtsu of this chapter. Editar's Note;Said schedule is Included at the end of this chapter. y A separate special use permit is not.required for any permitted use within a designed residential development if such use was shown on the approved General Land Use and Development plan for the entire development; provided, however,that site plan approval shall still be required; L One-family dwellings not to exceed one dwelling on each lot. Multifamily dwellings in structures containing not more than six units each. Cl Schools and .other public facilities. 0 (d) 0 Places of worship,in:eluding parish houses and rel:iglraus schools. a Lel C Private golf and country clubs. N L Swliinming pools,tennis facilities;general recreational and athletic facilities intended forthe.use of the v residents of the designed residential 'development. M M M Structures and facilities intended for the use of residents of the designed residential development for-arts and o crafts and other comMunity use purposes. Co C' w Buildings for retail business, personal service and office type uses, pursuant to the bulk requirements of the M NB Neighborhood Business District, on lands not to exceed 1 of the gross lot area ofth.e designed res:idenfia.l development. M 04 CD Water tanks and/ towers, sewage treatment plants,, utility substations and. pump stations which;aNre part of +., the water supply, sewerage and other utility systems servicing the designed residential develop.mert. 0) >_ Storage and maintenance structures and areas for materials and equipment for the proper upkeep of the designed residential 0eve.Eop:niQW, Q D. Development standards and controls. All improvements within designed residential developme.:nts shall be required to comply with the following specified standards and controls in lieu of those.comparable requirements for other residential developments which are specified elsewhere in this chapter and in th.e Land Subdivision Regulations [Amended 9-9-2002 by L.L, No. 1320021 Dwelling Unit type and density. Density formula. The maximum.permitted number of dwelling units in a designed residential development shall be determined by dividing the total land area by the normally required minimum lot size for the zoning district in which it is located and subtracting 20%. Packet Pg.78 Number of bedrooms.The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site plans in accordance with Article IX,of this chapter. Dwelling unit mix, For the purpose of assuring that designed residential developments will broaden the range of available housing types within the Town,Rot-Rw-eno less than 25%of the permitted dwelling units within any such development small be composed of detached. one-family dwellings, (2) open space and recreation areas, At least 2L3 of the gross acreage of any designed residential development shall be composed of land which is owned or controlled jointly by all property owners within the development or by a park district and which is used for recreational purposes and/or preserved as natural open space or by the munici alit to serve as an infrastructure improvement area:and/or as stormwater management areas. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics,with access, shape., dimensions, location,topography and nature and extent of improvements suitable, in the opinion of the Town Board, for the 'intended purposes. Permanent preservation and maintenance of such areas shall be assured by means of the fining of covenants and restrictions and/or scenic easements on the land and by the formation and incorporation of a property owners' association or a park 0 district which shall be required to maintain such open space and recreation areas. Such association or district U shall be empowered by levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments. In the.event that o 0. the property owners' association.falls to perform the necessary maintenance operations,the Town of Wappinger shall be authorized to enter upon such premises for the purpose of performing such operations o and to assess the cost of so doing equally among all affected property owners, v ( M Building height and setbacks. N CD Lai C� No structure within a designed residential development shall exceed three stories or 35 feet in height, CO W whichever is more restrictive, except as provided in § 240-22 of this chapter.. M N Setbacks of all structures from the outside perimeter of the designed residential development shall be twice o those otherwise required in the district in which it is located. N CDN Where determined necessary by the Planning Board when reviewing site plans, buffer landscaping of adequate size type and acin ma be required to effective) screen buildings within the designed residential E q � Yp p g Y Y g � development from neighboring residential properties. U .(d). Q Parcels containing multi-favi€ly dwellings shall be created wholly within the existing parcel and shall not abut a_d�acent res€dentia) parcels, Utilities. Lai In order to achieve greater safety and improved appearance, all water, sewer and gas lines and all electric, telephone and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by the regulations of the state, local and/or utility company having jurisdiction. K Sanitary sewers, water mains and fire hydrants to be installed in a designed residential development shall be connected to municipally owned water and sewer systems in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction. Such connections shall be conditions of the approval of all designed residential developments. Packet Pg.79 E. Application procedure. The application procedure for approval of a designed residential development shall involve a three-stage process: preliminary application of a General Land Use and Development Pian and program to the Town Board; Planning Hoard review ei ?r- e-tia-e-. . . - -.10pik)pFiate Or Plannin"g.Board ublic hearing and decision on the subdivision of±land..if.an. ! and Plannin :Board adm-inistrative review and decision on the site, Lail and related documents a[hd a reeMents for each section of the designed residential development in accordance With th,e General. Land Use and Development Plan; public hearing by the Town. Board and decision.on the special use permit and the General Land Use and Development Plan as required in § 240-OE(1)(a) of this chapter44afig '�,,qa:rl eaFs a9d a-Ad pl�R-Rmg r ..r.rn hn t:n+rFr:r`n .�1.rnr*inT "r-ca-f-t'l " .-I..��rr s�rti rl wn,, - _ _ a Application reauire,ments. Application,for issuance of a special permit establishing a designed residential development shall be submitted in accordance with the procedures s_et forth in § 240-41 of this chapter and o shall include . J a� Lai- U A proposed General Land Use and Development Plan at a scale of o. of less than one inch equals 2a0feet = indicating the following: N terrain conditions on the property,to include topographic data with a.:maximum contour interval of five feet, v an indication of generalized soil types and the location of existing watercourses,wetlands, wooded areas, M major rock outcroppings and other significant existing features. M �2 0 A written staterilent d,escr.'ibingthe nature of the proposed designed residential development and how It will CO serve to implement the intent and purposes of such deveiopments,'as set forth in this chapter,. W The proposed spatial arrangement of Land uses, including the location, nature and general extent of areas to. N It- be developed into residential dwelling units, by type; public, community and.lor recreational facilities;utility . M service and maintenance facilities; and areas to be preserved as natural open space. o L��41 N L ;-7 The general conf1gUratiQn,of file read system planned to.serve the designed residential development. A numerical analysis of the development proposal including the total gross acreage and the approximate U acreage to be occupied l?y each type.of permitted use,the total n.umb:er of dwelling Lin is proposed for Q inclusion within the development and the proposed breakdown of these units according to;size and type:The analysis shall include the total floor area devoted to each type of nonresidential use and the extent of paved area and building coverage. The analysis shall also include a coni arison of environmental Impacts to the as. of-right development plan per the zoning district in which it lies. A summary of the infrastructure benefit to the surroundin residential `arcels shall also be ravi.ded.. [Amended 9-9-2002 by 1-1 No. 13-2002] A statement of the proposed method of ownership and maintenance of the land and facilities within the designed residential development. u A generalized time schedule for the staging and completion of the designed residential development; including utilities and facilities. Packet Pg.80 1 Such other additional information as deemed necessary by the Town Board or the. Planning Board to properly study and evaluate the application. Application and review fees for the proposed designed residential development shall be required in accordance with the current fee schedule as set forth in Chapter 12 , Article IV, § 122-16 of the Code. [Amended 3-8-2004 by L.L. No, 4-2004] Town Board action. Lai Review by other agencies. L Upon receipt of a completed application for approval of a designed residential development,the Town Board shall forward for review and report pursuant to§24050E seven copies of.such application to the Planning Board and one copy each of the application ,shall be forwarded to the Zoning Administrator,the Town Environmental Council, the Town Engineer,Town Attorney,the Town Planner and the Town Superintendent of 6 Highways, 0 u m Copies shall also be referred to the Dutchess County Soil and Water Conservation District,the Dutchess County Department of Health, the Dutchess County Planning Board when such proposed development is o within 500 feet of a state or county highway or park,the Clerk of any abutting municipality where such M development is located within 500 feet of such municipality and any other agencies, such as the New York o State Department.of Environmental Conservation, which may have jurisdiction,together with a request.for v review and report by said agencies. M M N Conditions. o �q� N E SL COW The Town .Board shall not act to approve any application for a designed residential development unless it � determines: N Lai It- 9 That such development will serve to implement the intent and purposes as set forth in this section of the N Zoning Law; N That the location and the physical character of the site proposed for the designed residential development is E suitable and appropriate for such a development; and U LCIQ That such development is otherwise in the public interest. LL such conditions, limitations and safeguards shall be attached to the special use permit as the Town Board deems necessary and appropriate to assure continual conformance to all applicable standards and requirements. LCI Within 62 days of the close of the public hearing held in accordance with § 240-1070,the Town Board shall, by resolution, act either to approve, approve with modifications or disapprove the General Land Use and Development Plan for a proposed designed residential development.Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with a detailed design of the proposed development and to submit applications for the approval of subdivision plats and site plans which are in accordance with the approved General Land Use and Development Plan, Packet Pg.81 Amendments. The Town Board, after public hearing with the same notice and referrals as required for the original public hearing and approval, may consider and act upon an application to amend the design concept shown on the General Land Use and Development Plan for a previously approved designed residential development or upon an application to change pr enlarge the limits of such development to include contiguous acreage subsequently acquired by We applicant. However, no public hearing shall be required where a proposed change or enlargement does not result in any significant modification to the design concept shown on the approved General Land Use and Development Plan or where less than a five-percent increase in the number of initially approved dwelling units is involved, provided that all density and other requirements of this chapter are complied with and such modification does not affect the findings of the Town Board with respect to the Town and State Environmental Quality Review Laws. [Amended 9-9-2002 by L.L. No, 13-2002] a Expiration of approval.Town Board approval or approval with rn.odificatlons of an application for a designed residential development shall expire if application for subdivision plat and/dr site plant approval has not been made within two years of the date ofspecial permit use approval or if such required lsla.nning.Board approvals are not obtained within five years of the date of special permit use approval or upon expiration of any o required approval from the Planning Board. j C A a� Planning Board action. _ Application for the approval of any subdivision plats shall be submitted to the Planning Board and processed L by said Board in accordance with the procedures and requirements specified in the Town`s Land Subdivision v Regulations.0 M 2 M .!�J. M Editor's Note:See Ch. 217 Subdivision of Land. o CO No earthwork, land clearing or construction of any kind shall take place within the limits of a designed residential development until a site plan for such development or the appropriate section thereof, has been M reviewed and approved in accordance with the procedures set forth in Article IX of this chapter. F. o M Financial responsibility, No building permits shall be issued for construction within a designed residential N district until all improvements are installed or a performance bond or other form of surety acceptable to the Town is posted in:accordance with the same procedures as provided for in § 277 of the. Town Law relating to subdivisions. Q Packet Pg.82