Loading...
2008-2432008-243 Resolution Authorizing Purchase of Certain Parcels of Real Property from Dutchess County after In Rem Tax Foreclosure At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August 11, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (arrived at 7:07 PM) Vincent F. Bettina (departed at 9:32 PM) Joseph P. Paoloni ABSENT: Maureen McCarthy The following Resolution was introduced by Supervisor Colsey and seconded by Councilman Beale. WHEREAS, the County of Dutchess has obtained title to certain parcels of real property located within the Town of Wappinger after in rem tax foreclosure proceedings by virtue of a deed from Pamela Barack, Commissioner of Finance of the County of Dutchess dated June 27, 2008, and recorded in the Office of the Dutchess County Clerk on June 27, 2008, at Document No. 02-2008-3950 (hereinafter the "In Rem Parcels"); and WHEREAS, the County of Dutchess adopted a Land Disposition Policy by Resolution 244 of 1997 which allows municipalities within the County of Dutchess to acquire In Rem Parcels from the County of Dutchess for public purposes by paying the back taxes due; and WHEREAS, the Town Board has determined that there is a valid public purpose for the Town of Wappinger to acquire three of the In Rem Parcels obtained by the County of Dutchess after In Rem tax proceedings; and WHEREAS, the identification of the parcels and their respective public uses are: Parcel 1 Parcel Grid #: 135689-6158-02-870777-0000 Parcel Location: 1 Wildwood Dr, Town of Wappinger Owner Information: Absolute Property Management Inc. Municipal Use: Open Space Restricted by Subdivision Plat with Utility Easement Parcel 2 Parcel Grid #: 135689-6158-02-820749-0000 Parcel Location: 120 New Hackensack Rd, Town of Wappinger Owner Information Absolute Property Mgmt Inc. Municipal Use: Open Space Restricted by Subdivision Plat with Utility Easement 009 Parcel 3 Parcel Grid #: Parcel Location: Owner Information Municipal Use: 135689-6256-02-833769-0000 E. Salem Rd., Town of Wappinger Darlene Cantarella Road WHEREAS, Parcels 1 and 2 have been the subject of much litigation concerning the validity of the "open space" designation placed on the parcels by the Town of Wappinger Planning Board in 1963; and WHEREAS, the United States Court of Appeals for the Second Circuit, as well as the New York State Court of Appeals have confirmed the validity of the "open space" designation on these parcels; and WHEREAS, the "open space" designation requires that these parcels remain in an undeveloped condition; and WHEREAS, acquisition of the absolute parcels will put an end to the litigation; and WHEREAS, Parcel 3 is a small portion of a road that was inadvertently assigned a Tax Grid Number; and WHEREAS, acquisition of Parcel 3 will reinstate title in the Town of Wappinger; and WHEREAS, the Town Board has determined that the acquisition of In Rem Parcels would be in the best interests of the public health, safety and welfare of the residents of the Town of Wappinger; and WHEREAS, the County of Dutchess has advised that the outstanding taxes and fees that need to be paid to acquire the parcels as of August 29, 2008 are: Parcel 1 $16,597.21 Parcel 2 $4,279.96 Parcel 3 $390.17 TOTAL $21,267.34 WHEREAS, the County of Dutchess has scheduled an auction sale for the In Rem Parcels on October 8, 2008; and WHEREAS, the Town Board acknowledges that the prior owners of the In Rem Parcels have the right to redeem the parcels until 5:00 p.m. on October 7, 2008; and WHEREAS, the Town Board has undertaken an environmental review of this action and has caused a Short Form Environmental Assessment Form to be prepared and has determined that there are no negative environmental impacts associated with the acquisition of these parcels. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and 3. The Town Board determines that the Proposed Action is an action for which there are no other Involved Agencies and the Town Board is therefore, by default, Lead Agency for this action. *ftW 4. Based on its review of the Short Form EAF and the information contained therein, the Town Board hereby determines that there are no negative environmental impacts associated with the Proposed Action (the purchase of the above-mentioned parcels) and the Town Board hereby makes a negative determination of significance for the proposed action. 5. The Town Board hereby determines that it is in the best interest of the Town to acquire the aforementioned parcels of property for the purposes stated herein. 6. The Town Board directs that a certified copy of this resolution be delivered to the Commissioner of Finance of the County of Dutchess and the Clerk of the Legislature of the County of Dutchess on or before October 1, 2008, in accordance with the Land Acquisition Policy of the County of Dutchess. 7. The Town Board hereby authorizes an amount not to exceed $32,500.00 to be paid to Commissioner of Finance of the County of Dutchess which represents the back taxes, costs, fees and accrued interest due to the County for the In Rem Parcels as consideration for transfer of title to the Town of Wappinger; said payment to be made within 60 days of delivery of a certified copy of this resolution to the Commissioner of Finance authorized above. 8. The Town Board further authorizes the Town Supervisor, Christopher Colsey, to execute any and all documents necessary for the acquisition of the In Rem Parcels and the recording of deeds and related documents. 9. The Town Board appropriates a sum not to exceed $2,500.00 for the procurement of title insurance for the In Rem Parcels in an appropriate amount, the recording of the deeds and associated documents for said parcels and other necessary expenses. 10. The Town Board authorizes and directs the Attorney to the Town, Albert P. Roberts, to obtain title insurance and to insure the recording of the deeds. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 8/11/2008 .. The Resolution is hereby duly declared adopted. f _!�HN C. MMtERSON, TOWN CLERK 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME TOWN OF WAPPINGER, DUTCHESS COUNTY Purchase of In Rem Tax Parcels -Absolute & Cantarella 3. PROJECT LOCATION: Municipality TOWN OF WAPPINGER County DUTCHESS COUNTY 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Parcel Location: 1 Wildwood Dr, 120 New Hackensack Rd, E. Salem Rd., Parcel Grid #: 6158-02-870777, 6158-02-820749-0000, 6256-02-833769 (respectively) 5. PROPOSED ACTION IS: R1 New F] Expansion F-1 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The Town of Wappinger intends to purchase the above noted properties from the County of Dutchess after an In Rem Tax Foreclosure proceeding. 7. AMOUNT OF LAND AFFECTED: Initially 4.82 acres Ultimately 4 82 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Z Yes E]No If No, describe briefly Land is being purchased in order to comply with conditions of subdivision approval. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Z Residential 7 Industrial Commercial Agriculture 121 Park/Forest/Open Space 1:1 Other Describe: Surrounding land is residential in nature. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ❑✓ Yes No If Yes, list agency(s) name and permit/approvals: The sale is subject to the approval of Dutchess County Legislature. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 1-1 Yes ❑✓ No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E] Yes 0✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of Wappinger Date: August 11, 2008 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Reset ..1..4.A k 1 nnrl Annnrrvl r/1R 1 11 i 1= -- - ---- A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. E] Yes 12 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes Z No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? ❑ Yes No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ❑✓ No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinati Town of Wappinger, Town Board Name of Lead Agency Christopher Colsey Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency August 11, 2008 Date Supervisor Title of Responsible Officer Signature of Preparer (If different from responsible officer) Reset