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2003-09-08 RGMTOWN OF WAPPINGER 1.1119:IATJMe JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Monday, September S, 2003 7:30pm Wappinger Town Hall AGENDA Public Hearing • Public Hearing on the Amended Map, Plan and Report 99-2R Suspension of Rules for Public Comment on Agenda Items Discussions • Affordable Housing — Larry Regan TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Resolutions: 2003-217 Resolution Authorizing Pop Warner Contract 2003-219 Resolution Authorizing Tomes Application Fee Refund 2003-220 Resolution Authorizing County Highway Snow and Ice Control Work 2003-221 Resolution•Authorizing Nurzia Lot #1 Escrow Refund 2003-222 Resolution Authorizing Nurzia Lot #2 Escrow Refund 2003-223 Resolution to Introduce and Set Public Hearing for Extension of Wappinger Park Water District 2003-224 Resolution to Introduce and Set Public Hearing for the Proposed Increase and Improvements of Facilities for the Wappinger Park Water District 2003-225 Resolution to Schedule a Public Hearing on Revised Special Use Permit for Central Hudson Substation 2003-227 Resolution Authorizing Henry Escrow Refund 2003-228 Resolution Authorizing Budget Transfers New Business/Comments Executive Session • McFarlane Road Alignment (Lazenka Property) • Greystone Programs — Catherine Doyle Adjournment 09/08/2003.WS • Lazenka Property MacFarlane Road — Jay Paggi, Engineer to the Town went over an aerial view of MacFarlane Road showing several sharp curves that posed a number of problems for individual residents that live on MacFarlane Road when backing out of their driveways. It also poses a problem for the travelers driving at 30-35 mph. What has brought this problem to light recently is the construction of a single family dwelling owned by Mr. Lazenka. The parcel was creating many years ago. During the building process the most suitable point of access for the driveway was determined and that is how the house was built. Since that time the owner has contacted his office, the Highway Superintendents office and Supervisors office and requested to relocate his driveway from the easterly side of his parcel to the westerly side of his parcel. We have looked for other ways to improve the site distance for exiting and entering this driveway. The most efficient way to do this was to take a grading easement along the front of Lazenka's and the parcel just to the east of that and cut back the shoulder 10-12 feet to provide additional site distance looking to the east of the Lazenka driveway. This would also greatly improve the existing site distance for the Couch property. By acquiring the grading easement and cutting back the bank 10-12 feet. This would dramatically improve the site distance for these two driveways. Mr. Lazenka explained the he refuses to back out of his driveway because it is extremely dangerous. He erected a turn around so he could always have access of pulling out, but the problem is the crested hill on the left side that drops about four feet and he has very limited visibility. There have been some close calls, and there will be a serious injury or fatality as a result of this. Mr. Foster agreed, that this is a serious situation. Discussion followed. RESOLUTION NO. 2003-217 RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE WAPPINGER POP WARNER FOOTBALL ASSOCIATION. The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Pop Warner Football Association provide football and cheerleading activities for the boys and girls of the community in accordance with the proposed Agreement dated September 9, 2003 between the Town of Wappinger and the Wappinger District Pop Warner Football Association. 09/08/2003.WS BE IT FURTHER RESOLVED, that Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town said Agreement dated September 9, 2003 between the Town of Wappinger and the Wappinger District Pop Warner Football Association. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO ROBERT VALDATI VINCENT BETTINA CHRISTOPHER COLSEY JOSEPH PAOLONI Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-219 RESOLUTION AUTHORIZING BUILDING PERMIT APPLICATION FEE REFUND The following resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, on or about June 17, 2003, Lawrence Tomes paid a building permit application fee of Thirty-five Dollars to the Town of Wappinger for an existing structure located on the property at 12 Dara Lane, Wappingers Falls, New York; and WHEREAS, the existing structure has been removed from the property, and Lawrence Tomes has requested the return of his application fee. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. Payment is approved in the amount of Thirty-five Dollars ($35) made payable to Lawrence Tomes. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO Voting Aye ROBERT VALDATI Voting Aye VINCENT BETTINA Voting Aye CHRISTOPHER COLSEY Voting Aye JOSEPH PAOLONI Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-220 RESOLUTION AUTHORIZING TOWN HIGHWAY SUPERINTENDENT TO PARTICIPATE IN THE COUNTY HIGHWAY SNOW AND ICE CONTROL PROGRAM FOR THE 2003-2004 SEASON The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina 3 09/08/2003.WS WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within locale thereby benefiting the overall safety and welfare of town residents and local community interests, and WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by Article 6, Section 135 of the New York State Highway Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter season 2003-2004. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-221 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 289 CEDAR HILL ROAD, LOT #1 The following resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, on or about April 24, 2003, Peter Nurzia deposited Six Thousand, Five Hundred Dollars ($6,500) with the Town of Wappinger in escrow for the purpose of seeding and constructing a driveway at the property at 289 Cedar Hill road Lot #1 pursuant to Permit No. c/o 02-257; and WHEREAS, the seeding and driveway have now been satisfactorily completed and return of the unused escrow amount of Six Thousand, Five Hundred Dollars, ($6,500) has been recommended by Karl Seebruch, Building Inspector to the town of Wappinger, in his letter dated July 25, 2003 to the Town Board Members. 1. The recitations above set forth are incorporated in the Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Six Thousand, Five Hundred Dollars ($6,500) made payable to Peter Nurzia, Permit Number c/o 02- 4 09/08/2003.WS 257, for the refund of the unused escrow funds deposited for seeding and driveway construction at 289 Cedar Hill Road Lot #1. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO ROBERT VALDATI VINCENT BETTINA CHRISTOPHER COLSEY JOSEPH PAOLONI Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-222 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 285 CEDAR HILL ROAD, LOT #2 The following resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, on or about October 28, 2003, Peter Nurzia deposited Three Thousand Dollars ($3,000) with the Town of Wappinger in escrow for the purpose of seeding at the property at 285 Cedar Hill road Lot #2 pursuant to Permit No. c/o 02-202; and WHEREAS, the seeding has now been satisfactorily completed and the return of the unused escrow amount of Three Thousand Dollars, ($3,000) has been recommended by Karl Seebruch, Building Inspector to the town of Wappinger, in his letter dated July 25, 2003 to the Town Board Members. 1. The recitations above set forth are incorporated in the Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Three Thousand Dollars ($3,000) made payable to Peter Nurzia, Permit Number c/o 02-202, for the refund of the unused escrow funds deposited for seeding at 285 Cedar Hill Road Lot #2. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO Voting Aye ROBERT VALDATI Voting Aye VINCENT BETTINA Voting Aye CHRISTOPHER COLSEY Voting Aye JOSEPH PAOLONI Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-223 RESOLUTION TO INTRODUCE AND SET PUBLIC HEARING FOR EXTENSION OF WAPPINGER PARK WATER DISTRICT TO BE KNOWN AS EXTENSION NO. 1 The following resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. 5 09/08/2003.WS WHEREAS, a map, plan and report, including an estimate of cost have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed extension to the Wappinger Park Water District of the Town of Wappinger, Dutchess County, New York, to be known as Extension No. 1 to the Wappinger Park Water District (hereafter "Extension No. 1"; and WHEREAS, said map, plan and report dated October 8, 2001, as amended March 24, 2003 and July 30, 2003, were prepared by Paggi, Martin & DelBene, LLP, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, Extension No. 1 shall include commercial properties located along the proposed new water main (described two paragraphs below) and shall be bounded and described as set forth in Appendix A attached hereto and made a part hereof; and WHEREAS, the improvements proposed specifically for Extension No. 1 consist of service connections for each commercial property in Extension No. 1 from the proposed new water main (described in the paragraph below), including corporation valves piping and individual curb valves and boxes; and WHEREAS, the improvements proposed specifically for Extension No. 1 will be constructed in conjunction with an overall plan to increase and improve the facilities of the Wappinger Park Water District, as extended, including Extension No. 1, such improvements being the provision of new water service for the Wappinger Park Water District, as extended, including Extension No. 1, through the connection of the Wappinger Park Water District's water system to the water system of Wappinger Water Improvement Area 1999-2(R), by the construction of a new water main and the abandonment of portions of the existing Wappinger Park Water District's water system; and WHEREAS, the maximum amount proposed to be expended for the aforesaid improvements specifically for Extension No. 1 is $55,850; and WHEREAS, the maximum amount proposed to be expended for the aforesaid overall improvements to increase and improve the facilities of the Wappinger Park Water District, as extended, is $724,150 (622,000 after aid). Taxable properties within Extension No. 1 shall be charged a proportionate amount of such cost on a benefit basis; and WHEREAS, the proposed method of financing such cost of said improvement to be allocated and charged to Extension No. 1 is by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years, D 09/08/2003.WS which will be payable in the first instance from the annual apportionment and assessment on the taxable real property in Extension No. 1 which the Town Board shall determine to be especially benefited by the improvements, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes therefore; and WHEREAS, both the improvements specifically for Extension No. 1 and the improvements for the Wappinger Park Water District, as extended, have been determined to be Type II Action pursuant to the regulations promulgated pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined that no environmental review is required; WHEREAS, there will be no hook-up fees to properties in Extension No. 1; and WHEREAS, the estimated annual capital cost for the improvements proposed specifically for Extension No. 1, based upon the proposed twenty year debt amortization, is $63 per benefit unit for each property to be included in Extension No. 1. The number of benefit units for each property in Extension No. 1 is shown on Table C to the aforesaid map, plan and report. The estimated annual capital cost for the improvements proposed for Wappinger Park Water District, as extended, for the aforesaid overall improvements to increase and improve the facilities of Wappinger Park Water District, as extended, based upon the proposed twenty year debt amortization, is $318 per benefit unit. The estimated annual cost of operation and maintenance of all of such proposed improvements is $132 per benefit unit for a typical user in the existing Wappinger Park District. "Commercial users in the extended district (service area) will pay annual O&M costs, to be determined by the Town Board, based on actual metered flow. Each annual cost is calculated for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid. There are no residential or "typical properties" in Extension No. 1; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs has been included in such map, plan and report which 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 matter thereof; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of Extension No. 1 to the Wappinger Park Water District of the Town of Wappinger in the manner aforesaid pursuant to Section 209-d of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 7 09/08/2003.WS 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, in Wappinger Falls, New York, in said Town, on October 14, 2003, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a proposed extension to the Wappinger Park Water District of said Town as described in the preambles hereof, to be known as Extension No. 1 to the Wappinger Park Water District of the Town of Wappinger, 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 Poughkeepsie Journal and the Southern Dutchess News, the official newspapers 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 and to send, by first class mail, a copy thereof to each owner of taxable real property within Extension No. 1, as shown upon the latest assessment role of the Town, each 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: JOSEPH RUGGIERO Voting Aye ROBERT VALDATI Voting Aye VINCENT BETTINA Voting Aye CHRISTOPHER COLSEY Voting Aye JOSEPH. PAOLONI Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-224 RESOLUTION TO INTRODUCE AND SET PUBLIC HEARING FOR THE PROPOSED INCREASE AND IMPROVEMENTS OF FACILITIES FOR THE WAPPINGER PARK WATER DISTRICT The following resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New J1 York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Wappinger Park Water District of the Town of Wappinger, Dutchess County, New York, as extended by the creation of Extension No. 1 thereto, consisting of the provision of a new water supply service, to include 09/08/2003.WS the purchase and installation of approximately 2,700 linear feet of eight inch diameter ductile iron pipe, constructed through a private easement from Route 9 to Old Route 9 and thence in a southerly direction along Old Route 9 to Old Hopewell Road and then over Old Hopewell Road and connecting to the existing Wappinger District Water Park system, construction of various "tie-ins", installation of pressure valves at appropriate locations, purchase and installation of water service connections, purchase of water meters and the abandonment of a portion of the existing Wappinger Park Water District system, together with incidental improvements and expenses in connection therewith, at a maximum estimated cost of $724,150, of which amount it is anticipated a $102,150 Community Development Block Grant will be received to pay costs, resulting in an anticipated local cost of $622,000; and WHEREAS, the capital project hereinafter described has been determined to be A Type II 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 Town Board has determined that no environmental review is required; and WHEREAS, it is now desired to call a public hearing on the question of authorizing such increase and improvement of facilities at such maximum estimated cost; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 14th day of October 2003, at 7:30 o'clock P.M., Prevailing Time, on the question of increasing and improving the facilities of the Wappinger Park Water District in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper of said Town designated for this purpose, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet at the Town Hall, 20 Middlebush Road, in said Ton on the 14th of October, 2003 at 7:30 o'clock P.M., Prevailing Time , for the E 09/08/2003.WS purpose of conducting a public hearing on the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Wappinger Park Water District within said Town, as extended by the creation of Extension No. 1 thereto, consisting of the provision of a new water supply service, to include the purchase and installation of approximately 2,700 linear feet of eight inch diameter ductile iron pipe, constructed through a private easement from Route 9 to Old Route 9 an thence in a southerly direction along Old Route 9 to Old Hopewell Road and then over Old Hopewell Road and connecting to the existing Wappinger Park Water District system, construction various "Tie-ins", installation of pressure valves at appropriate locations, purchase and installation of water service connections, purchase of water meters and the abandonment of a portion of the existing Wappinger Park Water District system, together with incidental improvements and expenses in connection therewith. The maximum cost of the aforesaid increase and improvement of the facilities of the Wappinger Park Water District is $725,150 of which amount it is anticipated a $102,150 Community Development Block Grant will be received to pay costs, resulting in an anticipated local cost of $622,000; and The aforesaid project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the Sate Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined that no environmental review is required. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO Voting Aye ROBERT VALDATI Voting Aye VINCENT BETTINA Voting Aye CHRISTOPHER COLSEY Voting Aye JOSEPH PAOLONI Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-225 RESOLUTION AUTHORIZING A PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT FOR NORTH CHELSEA SUBSTATION EXPANSION BY CENTRAL HUDSON GAS & ELECTRIC CORPORATION BASED ON A REVISED PROJECT NARRATIVE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, Central Hudson Gas & Electric Corporation is the owner of a certain parcel of property known as the North Chelsea Substation identified as Tax Grid Number 13-5689-6056-02-760980-00, with a common street address of 2070 Route 91), Wappingers Falls, New York; and 10 Proposed Wappinger Park Water District Connection to 1999-2(R) Improvement Area Beginning at a point, said point being the southeasterly corner of lands now or formerly Kandr Associates, LLC., Liber 2005, Page 373, said point also being on the westerly road line of New York State Route 9; thence leaving said southeasterly corner of Kandr Associates, LLC. and said westerly line of New York State Route 9 and running along the southerly line of said Kandr Associates, LLC., southwesterly 300.-03± feet to a point, said point being the southwesterly corner of said lands of Kandr Associates, LLC.; thence leaving said southwesterly corner of said lands of Kandr Associates, LLC. and running northeasterly along the westerly line of said lands of Kandr Associates 296.00 t feet to a point, said point being the northwesterly corner of said lands of Kandr Associates, LLC., said point also being the southwest corner of other lands of Kandr Associates, LLC., Liber 2005, Page 373; thence leaving said northwesterly corner of said lands of Kandr Associates, LLC. and said southwesterly corner of said other lands of Kandr Associates, LLC. and running along the westerly line of said other lands of Kandr Associates, LLC., Northwesterly 339.10 t feet to a point, said point being the northwesterly corner of said other lands of Kandr Associates, LLC., said point also being the southwesterly corner of lands now or formerly Dutchess Medical Arts Building, LLC., Liber 1963, Page 060; thence leaving said northwesterly corner of said other lands of Kandr Associates and said southwesterly corner of Dutchess Medical Arts Building, LLC. and running along the westerly line of said Dutchess Medical Arts Building, LLC., Northwesterly 280.00:L- feet to a point, said point being the northwesterly corner of said other lands of Kandr Associates, LLC., said point also being on the southerly road line of Old Hopewell Road; thence leaving said northwesterly line of said Dutchess Medical Arts Building, LLC. and said southwesterly line of Old Hopewell Road a-nd running northwesterly 50't to a point, said point being on the northerly line of said Old Hopewell Road and a point on the southerly line of lands of Agustin and Jane Rodriguez, Liber 1610, Page 567; thence running along the northerly line of said Old Hopewell Road and the southerly line of said lands of Rodriguez, Southwesterly 320.00 t feet to a point, said point being in the northerly line of said Old Hopewell Road and the southwesterly corner of said lands of Rodriguez; thence leaving said northerly line of Old Hopewell Road and the southwesterly corner of said lands Rodriguez and running northeasterly along the westerly line of said lands of Rodriguez 550.70 t feet to a point, said point being the northwesterly corner of said lands of Rodriguez; thence leaving said northwesterly corner of Rodriguez and running along the northerly line of said lands of Rodriguez, Southeasterly 165.00 t feet to a point, said point being on the northerly line of said lands of Rodriguez, said point also being the southwesterly corner of lands now or formerly Herbert H. Redl, Liber 1730, Page 076; thence leaving said northerly line of said lands of Rodriguez and the southwesterly corner of said lands of Redl and running northeasterly 165.78 t feet to a point, said point being the northwesterly corner of said lands of Redl, said point also being on the southerly line of Curry Road; thence leaving said northwesterly corner of said lands of Redl and running along the southerly line of said Curry Road, Southeasterly 315.00 t feet to a point, said point being in the northerly line of said lands of Redl and a point in the southerly line of said Curry Road; EXHIBIT "A" thence leaving the northerly line of said lands of Redl and the southerly line of said Curry Road and running northeasterly 50.00± feet to a point, said point being on the northerly line of said Curry Road, said point also being the southwesterly corner of lands now or formerly Greer Nine Realty Corp., Liber 1883, Page 847; thence leaving said northerly line of Curry Road and the southwesterly corner of said lands of Greer Nine Realty Corp. and running along the westerly line of said Greer Nine Realty Corp the following three courses and distances: Northeasterly 200.00± feet, Northwesterly 220.00± feet and Northeasterly 320.00± feet to a point, said point being the northwesterly corner of said lands of Greer Nine Realty Corp.; thence leaving the northwesterly corner of said lands of Greer Nine Realty Corp. and running along the northerly line of said Greer Nine Realty Corp, the following three courses and distances: Southeasterly 95.00± feet, Southeasterly 200.00t feet, and Southeasterly 190.00± feet to a point, said point being the northeasterly corner of said lands of Greer Nine Realty Corp., said point also being in the westerly line of Old Route 9; thence leaving said northeasterly corner of Greer Nine Realty Corp. and the westerly line of said Old Route 9 and running southeasterly 50.00± feet to a point, said point being on the easterly line of said Old Route 9, said point also being on the westerly line of lands now or formerly Michael and Karen Leonard, Liber 1630, Page 206; thence leaving said point 4nd running along the westerly line of said lands of Leonard and the easterly line of said Old Route 9 Northeasterly 470.00± feet to a point, said point being the northwesterly corner of said lands of Leonard, said point also being on the easterly line of said Old Route 9 and said point also being the southwesterly corner of lands now or formerly Aura Realty Corp., Document Number 02-2002-8177; thence leaving the northwesterly corner of said lands of Leonard, the southwesterly corner of said lands of Aura Realty Corp. and running along the easterly line of said Old Route 9 and the westeriy line of said Aura Realty Corp. the following three courses and distances: Northeasterly 62± feet, Northeasterly 63± feet, and Northeasterly 198 ± feet to a point, said point being the northwesterly corner of said lands of Aura Realty Corp. and a point in the easterly line of said Old Route 9; thence leaving the northwesterly corner of said lands of Aura Realty Corp. and the easterly line of said old Route 9 and running along the northerly line of said lands of Aura Realty Corp. the following two courses and distances: Southeasterly 100.00± feet and Southeasterly 88.65± feet to a point, said point being the northeasterly corner of said lands of Aura Realty Corp., said point also being on the westerly line of New York State Route 9; thence leaving said northeasterly corner of said lands of Aura Realty Corp. and running along the easterly line of said Aura Realty Corp and the westerly line of said New York State Route 9, Southwesterly 236.00:t feet to a point, said point being the southeasterly corner of said lands of Aura Realty Corp.. said point also being the northeasterly corner of said lands of Leonard, said point also being on the westerly line of said New York State route 9; thence leaving the southeasterly corner of said lands of Aura Realty Corp and the northeasterly corner of said lands of Leonard and running along the easterly line of said lands of Leonard and the westerly line of said New York State Route 9 the following three courses and distances: Southwesterly 181.79 ± feet, Southwesterly 179.28 ± feet and Southwesterly 1 25.32 ± feet to a point, said point being the southeasterly corner of said lands of Leonard, said point also being the northeasterly corner of lands now or formerly Russell J. Watson, Liber 1946, Page 612 and a point on the westerly line of New York State Route 9; thence leaving said southeasterly corner of said lands of Leonard and the northeasterly corner of said lands of Russell, and running along the easterly line of said lands of Russell and the westerly line of said New York State Route 9, Southeasterly 51.03 t feet to a point, said point being the southeasterly corner of said Lands of Russell and the northeasterly corner of lands now or formerly Schunzel, Inc., Liber 1989, Page 539; thence leaving the southeasterly corner of said lands of Russell and the northeasterly corner of said lands of Schunzel, Inc. and running along the easterly line of said lands of Schunzel and the westerly line of New York State Route 9, Southwesterly 254.28 t feet to a point, said point being the southeasterly corner of said lands of Schunzel, Inc. and the northeasterly corner of lands now or formerly Greer Nine Realty Corp., Liber 1883, Page 847; thence leaving said southeasterly corner of lands of Schunzel and the northeasterly corner of said lands of Greer Nine Realty Corp. and running along the easterly line of said lands of Greer Nine Realty Corp. and the westerly line of said New York Sate Route 9, Southwesterly 636.03 t feet to a point, said point being the southeasterly corner of said Lands of Greer Nine Realty Corp. and a point in the northerly line of Old Hopewell Road; said point also being in the westerly line of said New York Sate Route 9; thence leaving said southeasterly corner of said lands of Greer Nine Realty Corp, and running along the westerly line of said New York State Route 9, Southeasterly 170.00 t feet to a point, said point being the northeasterly corner of said lands of Dutchess Medical Arts Building, LLC., said point also being in the northerly line of said Old Hopewell Road and the westerly line of said New York Sate Route 9; thence ieaving the northeasterly corner of said Dutchess Medical Arts Building, LLC. and running along the easterly line of said Dutchess Medical Arts Building, LLC. and the westerly line of said New York State Route 9, Southeasterly 176.00 ::� feet to a point, said point being the southeasterly corner of said lands of Dutchess Medical Arts Building, LLC., said point also being the northeasterly corner of said other lands of Kandr Associates, LLC. and the westerly line of said New York State Route 9; thence leaving the southeasterly corner of said Dutchess Medical Arts Building, LLC. and the northeasterly corner of said lands of Kandr Associates, LLC. and running along the easterly line of said lands of Kandr Associates, LLC. and the westerly line of said New York State Route 9, Southeasterly 342.61 feet toa point, said point being the southeasterly corner of said other lands of Kandr Associates, LLC., said point also being the northeasterly corner of said lands of Kandr Associates, LLC.; thence leaving said southeasterly corner of said other lands of Kandr Associates, LLC. and the northeasterly corner of said lands of Kandr Associates, LLC. and running along the easterly line of said land of Kandr Associates, LLC. and the westerly line of said New York State Route 9, Southeasterly 276.00, to the point or place of beginning. Paggi, Martin & Del Bene, LLP August 20, 2003 09/08/2003.WS 11 WHEREAS, by written Application received June 19, 2003 Central Hudson Gas & Electric Corporation has applied to the Town Board for a Special Use Permit pursuant to §240-16(F) of the Zoning Code of the Town of Wappinger to authorize an upgrade project that will include the expansion of the existing 39,650± square feet of the Route 9D North Chelsea Substation site by 11,564± square feet (total area of 51,214± square feet); and WHEREAS, the aforesaid upgrade project will include the installation of two (2) new transformers, three (3) new circuit breakers as well as steel transmission line dead end structures and a new power control center (1,188 square feet) in accordance with the July 2003 Project Narrative revised on August 28, 2003; and WHEREAS, previous statements made at a prior Public Hearing by representatives of Central Hudson that the instant application will also result in the abandonment of two (2) public utility substations located on the north and south sides of Chelsea Road in the Town were made in error; and WHEREAS, the Town Board has determined that a second Public Hearing is in order to clarify the exact nature of the Application for the Special Use Permit; and WHEREAS, the Applicant has indicated that the existing uses on the north and south sides of Chelsea Road will remain substantially the same. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby schedules a new Public Hearing on the Amended Application of Central Hudson Gas & Electric Corporation for a Special Use Permit pursuant to §240-16(F) to authorize an expansion of the North Chelsea Substation located on Route 9D to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 22nd day of September, 2003, at 7:30 p.m. 3. Gloria J. Morse, Town Clerk to the Town of Wappinger, is hereby directed to post and publish a Notice of the Public Hearing in the form annexed hereto. Said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. 4. Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to send copy of the Notice of Public Hearing to adjoining property owners within Two Hundred and Fifty (250) feet of the property. 5. Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to forward a copy of the Application materials to the Dutchess County Department of Planning & Development for its review and comment. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO Voting Aye ROBERT VALDATI Voting Aye VINCENT BETTINA Voting Aye 11 09/08/2003.WS CHRISTOPHER COLSEY Voting Aye JOSEPH PAOLONI Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-227 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 2419 ROUTE 9D The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey WHEREAS, on or about September 20, 2002, Richard Henry deposited Three Thousand, Seven Hundred and Fifty Dollars ($3,750) with the Town of Wappinger in escrow for the purpose of constructing a two family home at the property at 2419 Route 9D pursuant to Application # 4013; and WHEREAS, Richard Henry has requested an escrow refund in the amount of Two Thousand, Four Hundred and One Dollars and 60/100, and has been recommended by Tatiana Lukianoff , Zoning Administrator to the Town of Wappinger, in her letter dated May 19, 2003 to the Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Two Thousand, Four Hundred One Dollar and 60/100 ($2401.60) made payable to Richard Henry., Account Number 4013, for the refund of the unused escrow funds deposited the property located at 289 Cedar Hill Road Lot 1. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO Voting Aye ROBERT VALDATI Voting Aye VINCENT BETTINA Voting Aye CHRISTOPHER COLSEY Voting Aye JOSEPH PAOLONI Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-228 RESOLUTION AUTHORIZING BUDGET TRANSFERS The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated September 4, 2003 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 12 09/08/2003.W5 The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby authorizes the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year of 2003: A) General Fund Budget Amendments Increase A1420.410 - Tax Attorney -$8,935.00 LW Increase A0599 — Appro. Fund Balance - $8,935.00 To cover Invoices submitted in 2003 for services performed on Tax matters for 2002 Highway Fund Budget Amendments Increase DB3501.000 — Consolidated Highway Aid - $104,536.38 Increase DB5112.400 — Improvement CHIPS Program - $104,536.38 For CHIPS Capital Program allocation notification received from NYS Department of Transportation The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO Voting Aye ROBERT VALDATI Voting Aye VINCENT BETTINA Voting Aye CHRISTOPHER COLSEY Voting Aye JOSEPH PAOLONI Voting Aye The Resolution is hereby duly declared adopted At this time, 8:30 p.m. Councilman Valdati moved to go into Executive Session to discuss McFarlane Road Alignment (Lazenka Property) and Greystone Properties, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 8:52 p.m. with all board members present. There was no action taken at Executive Session. Councilman Bettina moved to close the meeting seconded by Supervisor Ruggiero and unanimously carried.. The meeting adjourned at 8:53 p.m. Gloria JJ. rse Town Clerk 13 09/08/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 8, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Amended Map, Plan and Report for Wappinger Water Improvement Area 1999-2(R) . Supervisor Ruggiero opened the meeting at 7:33 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Bettina moved to close the Public Hearing seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 7:34 p.m. Gloria J. Mor Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING IN THE MATTER OF A CHANGE IN PLAN FOR THE CONSTRUCTION OF IMPROVEMENTS 6w FOR WAPPINGER WATER IMPROVEMENT AREA 1999-2(R) IN SAID TOWN STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 20, 2003 your deponent posted a copy of the attached notice of Public Hearing on the matter of a Change in Plan for the Construction of Improvements for Wappinger Water Improvement Area 1999-2(R) in said Town on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. IV GLORIA OR�E Town Cl Town ofWappinger Sworn to before me the day of 2003 ROBIN D. SEC% Not�y Public, State of eW York Resking in Duchess County Registration # 01 SEBC40302 My Commission Exp' es April 17.20 0 PUBLIC NOTICE NOTICE OF PUBLIC HEAR- ING Please take Notice thafthe to Order has been adopted by the Town Board of the Town of Wappinger, Dutchess County, New York: _x In the Matter Of a Change in Plan for the Construction of Improve- ments for Wappinger Water Improvement Area 1999-2(R) in Said -------- -----•— ---x ORDER CALLING PUBLIC 0290 HEARING WHEREAS, by proceed tags heretofore had and Re cp's e taken pursuant to the provi- sions of Article 12-C of the Town Law, and particularly a Public Interest Resolution dated October 23, 2000, and dated January with 3, 2 Order1oa�ughkeep sle, dated January 23, 2001 of the New York State Control- ler approving the establish- 3ournal N.Y. meat of Wappinger Water IT OF PUBLICATION Improvement Area 1999- 2(R), awater improvement area, known as Wappinger Water Improvement Area 1999-s(R), has been estab- lished in the Town of Wap- pinger, Dutchess County, New York; and v WHEREAS, the Improve- State of New York Q� �,1� ments proposed for Wap- ` - pinger Nater Improvement County of Dutchess ��� G�'�e•� Area 1999-2(R) consist of the Implementation of a . City of Poughkeepsie cost-effective method of ad- dressing source, supply and storage problems, and were proposed to include the construction of new wells with interconnecting faclll- - ties as part of such method A of addressing existingVY source, supply and storage a problems; and WHEREAS, such wells proposed to be constructed are commonly known as the 3h Meadowood Wells, And at 3h the time at which Wappinger Water Improvement Area 1999-2(R) was* established the Meadowood Wells con- sisted of a partially devel- oped well field; and WHEREAS, in partial con- sideration for providing the improvements for Wappin- ger Water Improvement Ar- ea 1999.2(R), and providing potable water to certain property owned and pro- posed for residential devel- opmen, by, the owner of Meadowood Welts;; such owner of the Meadowood Wells had proposed to transfer to the Wappinger Water Improvement Area 1999-2(R) such partially de- veloped Meadowood Wells without cost for develop- ment by Wappinger Water DIE Improvement Area 1999- ISV' 2(R); and WHEREAS, the cost allo- cated to the development of the Meadowood Wells in the proceedings, '. establishing /W Wappinger Water imrove- id i ment Area 1999-2(14� was $453,700; and WHEREAS, subsequent to Rita Lombardi 41(31v , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper one ins rtion for weeks successively, in each week, commencing on the day of 2003 and thereafter, namely on: And ending on on the following dates day of the establishment of wap- 03 both day inclusive. pinger Water Improvement Area 1999-2(R) it was he covered thatat,, the due to th Influence of Sprout Creek, water from the Meadowood Well is not potable absent filtration* and WHEREAS, subsequent to such discovery the Town's engineer was directed to explore possible solutions to such filtration issue and reported to the Town that the cost of the developpment and filtration of the Meado- wood Wells was significantly in excess of the $453,750 allocated for the develop- ment of, the Meadowood AI Walls; and WHEREAS, the filtration of ttre Meadowood Wells woWd require an amend- ment to the original map, plan a,0 report and new oroceedllgs it. be had and upon wanu— lranster the MeadowoW My commission expires �d ��� F 1.d T 1114 jr F. [73- T N 1" 11 1 1 1.". 1-1 cl i I 'v k! r I Cj P IAI I.,I ij o 1"') 1."I P T J C'i F F I I f Pdt 1,,,J Y C) R f Ialri t I R 0 1', f I r r:, fit I- t i_I =1 V :'7 f {-511 111I ALBERT M. 0 NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN '01ITCHESS COUNTY # 14-8240760 COMMISSION EXPIIIES JUN 15 2007 L 2001 PONTIAC GRAND AM GT 75th Anniversary Package! Leather, 113,91 Loaded I ttk,. #4934A, .34;000 miles, Mae 19 99 Ord, 2001 FORD EXPLORER SPORT $ Boa Loaded, plus leather, and m/roof. Stk. DUIC #A1830. 3(),000 pampered miles. ORE PU' 2001 FORD EXPEDITION XLT Int , Sport package., All power options plus 123,99 of m/roof. Stk. #F1639. 25,000 miles, a0h 2002 SATURN SC2 $ IMPI Sunroof, CD player $, much more. Stk.Imill #5191 A. 14,000 miles. 12139 TOW WHE 2002 FORD ESCAPE 4X4 hadi Leather, 6 disc player, A/C, Power features, $ ofArl Loaded, Stk. #5446A. 22,000 miles. 19,21 ticull 2002 DODGE DAKOTA 4 DR QUAD CAB date All power features, air, CID player more, clan 2091 Stk. #5050A. 25,000 miles. $19199 app Wap as in th Y�O�, WH foryJappingerwatarlmArea 1999-2(R) consist of the Implementq- "Buying A Car Mas -i tion of a cost-effective method of ad-' of L dressing source, supply and storage supply and stoi WHEREAS, at constructed are REC' ;F -I\/ E[) SEP 0 4 2003 -TOWN CLERK muWay: Just off & ibe the :tax & tags extra. All O;