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2008-2792008-279 Recommendation of the Town Board in Respect to the Settlement of Litigation Involving the Cranberry Hills, LLC Subdivision 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 September 22, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, the Cranberry Hills, LLC subdivision is a 322.67 acre parcel of land located within an R-20 Residential Zoning District, identified as Tax Map No. 135689-6158-04-951382- 0000 and is bounded by Myers Corners Road to the south and Widmer Road to the north, within the Town of Wappinger, Dutchess County, New York; and WHEREAS, the original application, submitted by DWS New York Holdings, Inc., was dated December 19, 1974, for authority to develop a cluster subdivision pursuant to Section 281 of the Town Law; and WHEREAS, the Town Board approved, by Resolution dated February 18, 1975, and amended April 17, 1975, an approval to design said subdivision as a cluster development proposal; and WHEREAS, the Planning Board adopted a Resolution of Final Approval on December 5, 1983, and the Final Plat reflecting a total of 550 building lots was filed with the County Clerk, Division of Land Records; and WHEREAS, the Applicant officially abandoned the 550 lots in January of 2002; and WHEREAS, after holding a public hearing, the Town Board adopted Local Law No. 14 of 2002, thereby granting approval to the Planning Board to permit a Conservation Subdivision for the Cranberry Hills, LLC subdivision, subject to certain conditions set forth therein, on October 15, 2002; and WHEREAS, the Planning Board adopted a Resolution of Conditional Preliminary Approval on October 21, 2002; and WHEREAS, the Planning Board adopted a Resolution of Final Subdivision Approval on December 12, 2006 for a 232 lot subdivision on the 322.67 acre parcel with lots ranging from 0.24 acres (10,500 square feet) to 8.35 acres in area; and WHEREAS, the Planning Board Chairman determined the conditions within the Resolution of Final Subdivision Approval to not be adequately fulfilled and refused to sign the proposed Final Subdivision Plat in accordance with New York State Town Law §276(7)(c); and WHEREAS, in response to said determination by the Planning Board Chairman, the applicant for Cranberry Hills Subdivision, LLC filed for a Judgment Pursuant to Article 78 of the Civil Practice and Rules against the Planning Board of the Town of Wappinger and the Planning Board Chairman with the Supreme Court of the State of New York, County of Westchester, Index No. 306/2008; and WHEREAS, the Attorney to the Town of Wappinger filed the Respondent's Memorandum of Law in Support of Motion to Dismiss the Petition on behalf of the Town of Wappinger, on February 27, 2008; and WHEREAS, the Supreme Court of the State of New York, County of Westchester, issued an Order denying the Petition of the Applicant in its entirety and granting the Respondent's Motion to Dismiss, on May 20, 2008; and WHEREAS, the Applicant filed a Notice of Appeal thereby extending the current litigation; and WHEREAS, in accordance with the New York State Public Officers Law, Article 7 (Open Meetings Law), Section § 105, Conduct of Executive Sessions, (d), the Town of Wappinger Town Board held an Executive Session in respect to the topic of pending litigation involving Cranberry Hills, LLC. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby provides a recommendation to the Town of Wappinger Planning Board to settle the present litigation in accordance with the proposal as outlined in the July 18, 2008 letter, as proffered by the Applicant, because the Town Board believes that entering into said settlement provides a number of benefits and is in the best interests of the Town of Wappinger. 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: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: NAY JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT Dated: Wappingers Falls, New York 9/22/2008 The Resolution is hereby duly declared adopted. (I oc�;� PIHN C. NfASTERSON, TOWN CLERK