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2002-09-23 RGMMonday, September 23, 2002 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to the Flag Receipt and Approval of Town Board Minutes: June 24, 2002 Regular Meeting July 1, 2002 Regular Meeting July 30, 2002 Special Meeting August 5, 2002 Regular Meeting August 21, 2002 Special Meeting Suspension of Rules for Public Comment on Agenda Items Discussions: Fieldstone Boulevard Meeting Nesheiwat Rezone Correspondence Log: 2002CL-0599 to 2002-0701 Resolutions: 2002-213 Resolution to Authorize the Construction of T -Ball Dugout at the Robinson Lane Recreation Area 2002-246 Resolution for Water Tenant's Fees 2002-266 Resolution Authorizing the Building Inspector and Fire Inspector To attend the New York State Building Officials Conference, Inc. Seminar 2002-267 Resolution Authorizing the Zoning Administrator to Attend the New York State Department of State Code Division Certification Courses 2002-268 Varco Escrow Refund 2002-269 Award Bid for Martz Field Bathhouse Renovations 2002-270 Resolution to Authorize the Paving of Roadways at Robinson Lane Recreation Park 2002-271 Resolution to Adopt Base Rate Proportions 2002-272 Kandr Associates Benefit Unit Assessment Grievance 2002-273 Authorize the Relevying of Unpaid Water and Sewer Accounts 2002-274 Resolution to Appoint acting Assessor 2002-275 Resolution to Authorize Acting Assessor to Prepare Benefit Assessment Rolls Water/Sewer/Improvement Areas 2002-276 Peratikos Escrow Refund 2002-277 Authorize Budget Transfers 2002-278 Accept Correspondence Log 2002-279 Cranberry Hills New Business/Comments Adjournment 09/23/2002.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on September 23, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:50 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town David Stolman, Town Planner Graham Foster, Highway Superintendent Absent: Gloria J. Morse, Town Clerk The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Regular Meeting of June 24, 2002, Regular Meeting of July 1, 2002, Special Meeting of July 30, 2002, Regular Meeting of August 5, 2002, and Special Meeting of August 21, 2002, having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Valdati moved to accept the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Councilman Colsey Motion Unanimously Carried SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. Councilman Colsey moved to Suspend the Rules for Public Comment on Agenda Items. Seconded by Councilman Valdati Motion Unanimously Carried CORRESPONDENCE LOG 2002 -CL - 139 TO 2002 -CL - 224 ( SEE ATTACHED SHEETS) DISCUSSIONS: • Fieldstone Boulevard Meeting. Councilman Colsey explained that Fieldstone Boulevard has a grassy medium that the residents wished to have cleaned up and possibly plant some shrubs and plants. Several residents were here tonight looking for permission to do this and a recommendation as to what type of plants could be planted in the 1 09/23/2002.RGM median. Mr. Foster explained, the original concept called for a conservation subdivision. Each area of the median was to be maintained by the homeowner. That did not happen, and over the years it went into disrepair. The town started maintaining it over the last three or four years. This year Councilman Colsey asked Highway to get more involved and put in more curbing, top soil and seed. Highway has been also mowing the medium this year. Every time Highway adds something, it makes it more difficult to get in with a riding mower. It would be great if the residents pick it up as a community garden. Unfortunately some will work very hard and some not at all. Discussion followed. Supervisor Valdati requested Mr. Roberts to check on restrictions for open space and arrange to meet with members of the community, Jay Paggi, Mr. Stolman's office as well as Mr. Foster to discuss some of the things recommended by New York State DOT. • Nesheiwat Rezone. Supervisor Ruggiero informed the board that at the planning board meeting of September 4th, a motion was made recommending the rezone and the application be referred to Ed Rose manager of DC Airport for his review and recommendation. Supervisor Ruggiero announced that we would wait to hear from Mr. Rose for his comments and recommendations before going forward. • Martz Field Bath House Renovation. Don Swartz went over the bids that were opened on September 12, 2002. There were three trades bidding on the project. On both the plumbing and electrical contract, we came in below bid. The contract for plumbing came in at $18,694 which was about $6,000 below their estimate. The contract for electrical came in at $6,600 which was almost 50% below bid. The base bid for the General Construction contract came in at $62,500 which represented 100% over their estimates. The other two contracts helped offset the General Contract number. At this point in time he could not give a recommendation only because he did not know the ramifications of rejecting the CD grants. He could not in good conscience recommend spending $150 a square foot on the inside of the building. Discussion followed. At this time 8:23 p.m., Councilman Colsey moved to go into Executive Session to discuss a litigation matter, seconded by Councilman Bettina. The meeting reconvened at 9:40 p.m. RESOLUTION NO. 2002-213 Pa 09/23/2002.RGM RESOLUTION TO AUTHORIZE THE CONSTRUCTION OF T -BALL DUGOUT AT THE ROBINSON LANE RECREATION AREA The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina WHEREAS, the Recreation Committee has recommended the installation of a fourth T -Ball dugout at the Robinson Lane Recreation Area; and WHEREAS, the Town Board wishes to authorize the installation of a fourth T -Ball dugout at the Robinson Lane Recreation Area and award said installation to Bracaden Construction with an office at 304 Cary Road, Fishkill, New York 12524. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Bracaden Construction with an office at 304 Cary Road, Fishkill, New York 12524 is hereby authorized the installation of a fourth T -Ball dugout at the Robinson Lane Recreation Area at a cost of Two Thousand and Seven Hundred Dollars ($2,700.00) from Recreation Account No. A-7110.4, in accordance with the letter dated June 14, 2002 from Ralph Holt, Recreation Chairman, to the Town Board Members. 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 COLSEY, Councilman Voting Aye Resolution is hereby duly declared adopted RESOLUTION NO. 2002-246 RESOLUTION ELIMINATING DOUBLE RATES FOR TENANTS OF WATER/SEWER DISTRICTS AND/OR IMPROVEMENT AREAS The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey WHEREAS, the Town of Wappinger has a long standing policy to charge tenants to Water/ Sewer Districts and/ or Improvement Areas double the Operation and Maintenance Charges that are otherwise charged to residents of such Water/ Sewer Districts and/ or Improvement Areas; and WHEREAS, the purpose behind charging double Operation and Maintenance Charges was to compensate the District and/ or Improvement Area for the capital improvements that the non-resident tenant did not pay; and 3 09/23/2002.RGM WHEREAS, the Town wishes to discontinue this policy of charging non- resident tenants to Water/Sewer Districts and or Improvement Areas and to replace it with a new formula for charging non-resident tenants. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby discontinues the policy of charging non-resident tenants to Water/Sewer Districts and/or Improvement Areas double the Operation and Maintenance Charges otherwise charged to residents of the Districts and/or Improvement Areas. Non-resident tenants to Town of Wappinger Water/ Sewer District and/or Improvement Areas shall be charged tenant rates as follows, pro -rated from the date of connection to such service: The Assessor shall determine the number of Benefit Units that would be assigned to the non-resident tenant property as if such property was a resident of the District and/ or Improvement Area; Once the Benefit Units are assigned to the subject property, non-resident tenant user charges shall be determined by the Water and Sewer Billing Clerk by adding both the Capital Assessment Charges and Operation and Maintenance Charges and dividing by 4 for four equal quarterly payments to be billed simultaneously with residents of the Water/ Sewer Districts and/ or Improvement Areas; When determining the non-resident tenant rate, charges for Capital Assessments shall be included only for so long as Capital Assessments are being charged to tenant users or five years, which ever period is longer. 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 COLSEY, Councilman Voting Aye Resolution is hereby duly declared adopted RESOLUTION NO. 2002-266 RESOLUTION AUTHORIZING THE BUILDING INSPECTOR AND FIRE INSPECTOR TO ATTEND THE NEW YORK STATE BUILDING OFFICIALS CONFERENCE, INC. SEMINAR The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Town Board wishes to authorize Karl Seebruch, Building Inspector to the Town of Wappinger, and Mark Liebermann, Fire Inspector to 0 09/23/2002.RGM the Town of Wappinger to attend the New York State Building Officials Conference, Inc. Seminar to be held on October 9, 2002 at the Holiday Inn, Rte 9, Fishkill, New York. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 1. Karl Seebruch, Building Inspector to the Town of Wappinger and Mark Liebermann, Fire Inspector to the Town of Wappinger are hereby authorized to attend the New York State Building Officials Conference, Inc. seminar on October 9, 2002 at the Holiday Inn, Route 9, Fishkill, New York in accordance with the letter dated September 5, 2002 from Karl Seebruch, Building Inspector, to Supervisor Joseph Ruggiero and the letter dated September 4, 2002 from Mark Liebermann, Fire Inspector to the Town Board at a cost not to exceed Seventy Dollars ($70.00) per individual. 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 COLSEY, Councilman Voting Aye Resolution is hereby duly declared adopted RESOLUTION NO. 2002-267 RESOLUTION AUTHORIZING THE ZONING ADMINISTRATOR TO ATTEND THE NEW YORK STATE DEPARTMENT OF STATE CODES DIVISION CERTIFICATION COURSES The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning Administrator to the Tow of Wappinger to attend New York State Department of State Codes Division Certification Courses to be held on October 16-18, 2002 and October 22-24 at the Westchester County Fire Training Center, Dana Road, Valhalla, New York. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger is hereby authorized to attend the New York State Department of State Codes Division Certification Courses to be held on October 16-18, 2002 and October 22-24, 2002 at Westchester County Fire Training Center, Dana Road, Valhalla, New York, in accordance with the letter dated September 12, 2002 from Tatiana 5 09/23/2002.RGM Lukianoff, Zoning Administrator to the Town of Wappinger with no cost to the Town. 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 COLSEY, Councilman Voting Aye Resolution is hereby duly declared adopted RESOLUTION NO. 2002-268 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM VARCO SUBDIVISION, APPLICATION NO. 01-5945 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey WHEREAS, there remains an escrow balance for the Varco Subdivision, Application No. 01-5945, in the amount of Six Hundred Sixty One and 15/100 dollars ($661.15); and WHEREAS, the Applicants, David and Nadia Varco, have requested the return of the escrow balance in a letter dated August 28, 2002 addressed to Tatiana Lukianoff. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. That payment is approved in the amount of Six Hundred Sixty One and 15/100 dollars ($661.15) made payable to David and Nadia Varco for the refund of the unused escrow funds deposited for the planning and engineering review for the premises located at 40 MacFarlane Road, Application No. 01-5945. 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 Resolution is hereby duly declared adopted RESOLUTION NO. 2002-269 RESOLUTION AWARDING CONTRACT FOR MARTZ FIELD BATH HOUSE RENOVATIONS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati D 09/23/2002.RGM WHEREAS, the advertisement for bids for Martz field Bath House Renovations was published in the Southern Dutchess News on August 28, 2002 and the Poughkeepsie Journal on August 23, 2002; and WHEREAS, bids were opened on September 12, 2002 and reviewed by Florence Hannon, Deputy Town Clerk of the Town of Wappinger; and WHEREAS Donald L. Swartz of Paggi, Cerniglia & Swartz, Architect to the Town of Wappinger, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Contract for Martz Field Bath House Renovations is hereby awarded as follows: Contract No. 1 General Construction — Fourmen Construction - $62,500 Contract No. 2 Plumbing Construction — S&O Construction - $18,649 Contract No. 3 Electrical Construction - Osterhoudt Electric - $6,600 in accordance with the award recommendation letter dated September 20, 2002 from Donald L. Swartz of Cerniglia and Swartz, Architects to the Town of Wappinger, to the Town Supervisor. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. 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 Resolution is hereby duly declared adopted RESOLUTION NO. 2002-270 RESOLUTION TO AUTHORIZE THE PAVING OF THE ROADWAYS AT ROBINSON LANE RECREATION PARK The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Recreation Committee has recommended the paving of the roadways at the Robinson Lane recreation Park; and WHEREAS, the Recreation Committee has requested purchase orders in the amount of Twelve Thousand Dollars ($12,000) for Thalle and Four Thousand Dollars ($4,000) for Cove Excavators. 7 09/23/2002.RGM WHEREAS, the Town Board wishes to authorize the paving of the roadways at Robinson Lane Recreation Park, with the work to be done by the Town of Wappinger Highway Department. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. The Town of Wappinger Highway Department is hereby authorized to pave the roadways at Robinson Lane Recreation Park. Purchase orders are hereby authorized in the amount of Twelve Thousand Dollars ($12,000 ) for Thalle, and Four Thousand Dollars($4,000) for Cove Excavators from Recreation Account No. A-7110.4, in accordance will a letter dated September 11, 2002 from Ralph Holt, Recreation Chairman, to Supervisor Joseph Ruggiero. The Town Board hereby authorizes the following amendments to the Town of Wappinger Budget adopted for the calendar year 2002: Sixteen Thousand Dollars ($16,000) is to be transferred from Recreation Account A-2089 to account A-7110.4. 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 Resolution is hereby duly declared adopted RESOLUTION NO. 2002-271 RESOLUTION ADOPTING CERTIFICATE OF ADJUSTED BASE PROPORTIONS FOR THE 2002 ASSESSMENT ROLL FROM THE NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES The following Resolution was introduced by Councilman Valdati and seconded by Supervisor Ruggiero WHEREAS, the Town has received a Certificate of Adjusted Base Proportions for the Assessment Roll for calendar year 2002 from the New York State Office of Real Property Services; 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 of Wappinger hereby accepts and adopts the base percentages, current percentages, and current base proportions as set forth in the Certificate of Adjusted Base Proportions for the 2002 Assessment Roll, 09/23/2002.RGM received from the New York State Office of Real Property Services, a copy of which is attached hereto. 3. Gloria Morse, Town Clerk, is hereby authorized to certify on behalf of the Town the Certificate of Adjusted Base Proportions for the 2002 Assessment Roll. 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 Resolution is hereby duly declared adopted RESOLUTION NO. 2002-272 RESOLUTION DENYING BENEFIT UNIT ASSESSMENT GRIEVANCE OF KANDR ASSOCIATES, LLC The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey WHEREAS, the Town has received a Benefit Unit Assessment Grievance Application from Kandr Associates, LLC, 11 Marshall Road, Suite 1-P, Wappingers Falls, New York 12590 for the property identified as tax map grid no. 6.157-4-567.483; and WHEREAS, the property has one two-story building consisting of 20,400 square feet of office/retail space; and WHEREAS, the property is currently assigned 21 benefit units; and WHEREAS, the basis of Kandr's grievance is that the property does not use as much water as 21 benefit units would imply at 320 gallons per benefit unit; and WHEREAS, the Town does not assess benefit units to commercial properties on a usage basis. NOW, THEREFORE, BE IT RESOLVED, as follows: 4. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 5. The Benefit Unit Assessment Grievance Application submitted by Kandr Associates, LLC for the property identified by tax grid no. 6.157-4-567.483 is hereby denied on the grounds that benefit units are not assessed to commercial properties based on water usage. 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 09/23/2002.RGM CHRISTOPHER J. COLSEY, Councilman Voting Aye Resolution is hereby duly declared adopted RESOLUTION NO. 2002-273 RESOLUTION AUTHORIZING EVERY LEVY OF WATER/SEWER CHARGES The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 18, 2002. 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. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on November 21, 2002, to be re -levied upon the 2003 County Land Tax bills. 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 Resolution is hereby duly declared adopted RESOLUTION NO.2002-274 RESOLUTION APPOINTING ACTING ASSESSOR Councilman Valdati moved to authorize Supervisor Ruggiero to contact Tom Logan in regard to interim Acting Assessor position. Seconded by Councilman Valdati Motion Unanimously Carried Supervisor Ruggiero moved to table Resolution 2002-274 at this time. seconded by Councilman Paoloni Motion Unanimously Carried RESOLUTION NO.2002-275 RESOLUTION AUTHORIZING ACTING ASSESSOR TO PREPARE BENEFIT ASSESSMENT Councilman Valdati moved to adopt, incumbent upon appointing an Acting Assessor. Seconded by Councilman Colsey 10 Motion Unanimously Carried 09/23/2002.RGM RESOLUTION NO. 2002-276 RESOLUTION AUTHORIZING FEE ADJUSTMENT FOR APPLICANT KATHLEEN PERATIKOS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town Board is in receipt of a letter dated September 17, 2002 from Barbara Roberti, Planning Board Secretary, to the Town Board requesting that Applicant Kathleen Peratikos be permitted to pay an escrow fee of Three Hundred Dollars ($300) in lieu of the usual and customary amount of Three Thousand, Seven Hundred and Fifty Dollars ($3,750) for the review of her Special Use Permit submitted for a salon in her home, due to the minor nature of the application; and WHEREAS, the Planning Board proposes to require the Applicant Kathleen Peratikos to pay Fifty Dollars ($50) for her Special Use Permit to pay review escrow fee of Three Hundred Dollars ($300) but requests that the Town Board waive the Applicant's Site Plan Fee. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Kathleen Peratikos, as Applicant for a Special Use Permit for a salon in her home, shall be required to pay an escrow fee of Three Hundred Dollars ($300) in lieu of the usual and customary amount of Three Thousand, Seven Hundred and Fifty Dollars ($3,750). Kathleen Peratikos will be required to pay Fifty Dollars ($50) for her Special Use Permit and her Site Plan Fee shall be waived. 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 Resolution is hereby duly declared adopted RESOLUTION NO. 2002-277 RESOLUTION AUTHORIZING BUDGET ADJUSTMENTS AND 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 amendments to the budget as set forth 11 09/23/2002.RGM in a letter dated September 16, 2002 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 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 amendments to the Town of Wappinger Budget adopted for the calendar year of 2002: General Fund — Part Town — Budget Amendment Increase B1420.410 Codification $ 4,325.00 Increase B8015.400 Zoning/Contractual Expenses $ 6,800.00 Increase B0599 Appropriated Fund Balance $11,125.00 To adjust Budget for updating of General Code Book - $4,325.00 — and adjust budget for Resolution 2002 -214 -Zoning information packet and welcome brochure - $6,800.00 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 Resolution is hereby duly declared adopted Aye RESOLUTION NO. 2002-278 Voting RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. 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: 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. Prior to the introduction of RESOLUTION NO. 2002-279, Peter Cherneff Attorney for the applicant presented a schedule that detailed five different elevation designs for the Cranberry Hills Subdivision to the board members. Mr. Roberts announced that these elevation designs are identified on 12 09/23/2002.RGM Schedule "1" attached to the proposed local law. These plans will be presented at the Public Hearing. Once the local law is adopted, this will be the first set of five plans that would be approved for the subdivision. All the board members conceptually agreed with the plans as the appropriate prototype of residences to be constructed. Mr. Roberts explained that Schedule "2" is a departure from what was originally proposed. Town Planner, David Stolman read the alternate Schedule "2" which lists the Minimum Requirements of Typical Landscape Plan. This is an alternate to the plan that was proposed by the applicant which has no sizes on the species. There is one flowering shown within the lot. The rest are shrubs and ground cover without any sizes. There are also some street trees shown, but they would not comply with subdivision regulations. Mr. Stolman does not know how the planning board could institute any reasonable requirements based upon the plan that has been submitted by the applicant because there really are no sizes. Mr. Cherneff answered, if the issue were just sizes of what has been shown there is another way to deal with it. They have presented the same landscaping plan, without change from the very beginning. This is something completely different. This may not be possible to do in terms of the number of trees. This is imposing something on the applicant that is not imposed anywhere else in this town. Your cluster law has no standard, and he thinks they have worked in good faith presenting this. This is unfair and is not acceptable to the applicant, because it can't be built. It does not take into account the fact that much of this site has trees on it. Mr. Cherneff had urged the board on number of occasions, to come and look at the job that the applicant is building now. He is urging the town board not to pass this. If the question is, what you have seen didn't have specificity in the size of the trees, let them provide specificity in the size of the trees. This does not apply to anybody in this town. You force the applicant to take action elsewhere by treating them differently. They have worked with the town for two years on this project, and now you are imposing standards that are not fair and are not part of the law of this town. Mr. Stolman responded, its not just with regard to the specificity or the size of the shrubs. Mr. Stolman feels that the elevations shown are good looking, in terms of the architecture and trees that are shown around the architecture, but Schedule "2" which has been submitted by the applicant will not result in the plans being shown tonight. Mr. Cherneff answered that the board has seen these plans on three separate occasions. The board saw the exact landscaping that was presented. That is what Schedule "2" is and what the board has seen from the beginning and what you are asking for is a 13 09/23/2002.RGM creation of your office, not occurring before this board. Mr. Stolman responded that what these provisions try to do is to say where there are existing trees that can be preserved, then that would supercede these standards. Mr. Cherneff explained that the board has asked for corrections and improvements, but not to this. At no time did they tell this board that the pictures of the elevation represented the landscaping. This description does not describe what is shown on the picture. Mr. Cherneff explained we worked very hard with this board and now we are headed to court, based on your interpretation of what we have shown this board. This is as far as we are willing to go, because we think this is beyond any standard that exists. Mr. Colsey asked Mr. Cherneff if his firm would be filing suit papers on this issue. Mr. Cherneff replied no, his firm will not. At this time, 10:20 p.m. Councilman Colsey moved to go into Executive Session, to confer with council, seconded by Councilman Bettina and unanimously carried. The meeting reconvened at 10:35 p.m. with all board members present. Al Roberts, reminded Mr. Cherneff, that earlier, he made a comment that the landscaping plans as prepared by Frederick C. Clark, could not be built as set forth in this attachment which is going to be schedule #2. Under what basis did he make that statement? Mr. Cherneff replied that the rear yard trees, as you can see, that plan shows no rear yard trees as a minimum. In a meeting that he attended with this board, they asked Dan Wery to describe what they had been shown. This does not describe that. This description provides there be a minimum of three trees 6-8 feet in height planted within each rear yard. Some of these yards will not permit that number of trees yard next to yard to be planted and survive. He feels they are too close and not physically possible. Mr. Roberts again questioned Mr. Cherneff, on what basis is he making this statement? Mr. Cherneff answered he is making the statement on the basis of what his consultants (architects) relayed to him. Trees planted in that number in that small an area, as they matured, would not survive. In the last public meeting that he attended with this board, they asked for one thing and Mr. Stolman is saying he was asked to do something different. Mr. Cherneff wished to know who asked and when. Mr. Stolman replied that he did not know the answer to either of those questions or he would offer the answer. Again, Mr. Cherneff reiterated, he is authorized to offer what he has shown, not any more. This is what they have been showing from the beginning as a minimum. At no times during their meetings did the board say, "one thing or another", as they did on other points, which they responded to. If this becomes part of your resolution he cannot do it. Mr. 14 09/23/2002.RGM Cherneff explained that he had this very same conversation with Al Roberts to relay to the board so this would not come as a surprise. Mr. Roberts responded that the board had been informed. Mr. Cherneff said they had prepared a minimum typical landscaping plan, because that's what this board asked them to do, and it has been presented consistently without change since the first meeting. Mr. Stolman informed the board that from his professional point of view Schedule 2, the landscaping plan that Cranberry has prepared, is totally inadequate to accomplish from a performance standpoint what they are trying to set out to accomplish. RESOLUTION NO. 2002-279 INTRODUCING LOCAL LAW NO. OF THE YEAR 2002, AUTHORIZATION TO PLANNING BOARD TO PERMIT A CONSERVATION SUBDIVISION FOR LANDS OWNED BY CRANBERRY HILLS, LLC The following resolution was introduced by Councilman Valdati and seconded by Councilman Bettina WHEREAS, Cranberry Hills, LLC (hereinafter "Cranberry") is the owner of a 322.67 acre tract of land (hereinafter the "Property") located on Widmer Road in the Town of Wappinger; and WHEREAS, Cranberry had previously obtained Subdivision Approval for a 550 lot subdivision of the Property in December 1983 which subdivision has been abandoned by Cranberry; and WHEREAS, Cranberry has made Application for a subdivision of the Property into a 232 -lot Conservation Subdivision; and WHEREAS, the Property is located in a R-20 Residential Zoning District; and WHEREAS, the proposed 232 -lot Conservation Subdivision contains lots that do not meet the minimum lot width and/ or size requirements of the R-20 Zoning District pursuant to the Zoning Code and, accordingly, in order to be approved must be treated as a Conservation (cluster) Subdivision pursuant to Zoning Code Section 240.19.B. and Section 278 of Town Law; and WHEREAS, the Planning Board had requested that Cranberry treat the subdivision as a Conservation (cluster) Subdivision; and WHEREAS, the Planning Board has coordinated the SEQRA review of this Type I Action and as Lead Agency issued a Negative Determination of Significance for this re -subdivision by Resolution dated May 20, 2002; and WHEREAS, the Planning Board is without authority to approve the 232 -lot Conservation Subdivision in its present configuration because many of the lots do not meet the bulk regulations of the Town of Wappinger Zoning Code; and 15 09/23/2002.RGM WHEREAS, Cranberry has made Application through its attorneys, Watkins & Cherneff, by letter dated April 16, 2002 to the Town Board to modify the zoning regulations applicable to this Property with respect to lot area and dimensions to authorize the Planning Board to approve a Conservation Subdivision (cluster subdivision) consistent with New York State Town Law §278 and Town of Wappinger Zoning Code §240-19; and WHEREAS, Town of Wappinger Zoning Code §240-19.B. provides that the Town Board, pursuant to §278 of the Town Law, and at the written request of an Applicant may authorize the Planning Board to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions on such conditions as the Town Board may impose; and WHEREAS, the Town Board has determined that a Conservation Subdivision is the most appropriate way to subdivide the Property and has further determined that the re -subdivision is consistent with and furthers the stated intent and purpose of the Zoning Law Section 240-19, the Town Comprehensive Plan of 1988 and Greenway Connections upon terms and conditions hereinafter set forth; and WHEREAS, the proposed Conservation Subdivision will result in a more efficient and attractive development, will ensure the appropriate preservation of open space and environmental resources, and will minimize impacts upon surrounding and adjacent properties. 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 of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2002 in the form annexed hereto. 3. The Planning Board has coordinated review of this Type I Action and as Lead Agency has issued a Negative Determination of Significance for this re -subdivision pursuant to Article 8 of the Environmental Conservation Law, 6 NYCRR 617 (SEQRA) and Chapter 117 of the Code of the Town of Wappinger and has adopted a Negative Determination of Significance by Resolution May 20, 2002, thereby concluding the SEQRA Environmental Review process for all involved agencies. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2002 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 15 day of October, 2002, at 7:30 p.m., and that the Town Clerk is directed to post and publish the Notice of the Public Hearing in the form annexed hereto. 16 09/23/2002.RGM (Attached for the record is the proposed Local Law) The question of the foregoing Resolution was put to a vote on roll call which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Nay ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Nay CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted Mr. Cherneff wished to make two further points for the record. (1) Obviously, the applicant objects to the text to the Local Law. (2) There is a continuing Freedom of Information Act request regarding this application, and he is requesting evidence of any communication that Mr. Stolman referred to tonight on the record, regarding direction that had been given to him to amend the typical landscape plan, be it a document, notes or correspondence. Supervisor Ruggiero informed Mr. Cherneff that his FOIL request should be submitted in writing to the Clerk of the Town, the officer of all records. There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Paoloni and unanimously carried. The meeting adjourned at 11:20 p.m. —1A WTD74kt4"lwx— Florence Hannon Deputy Town Clerk 17 'LocaI Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to rile a local law with the Secretary of State.) Text of law should be given as amended. Du not include matter being eliminated and do not use italics or underlining to indicate new matter. of___________WAPPINGER Town----------•----------------------------------------------------- �iH Local Law No, ____________________________________ of the year 20.9__ 1' Alocallaw_-entitled "LOCAL LAW No. OF THE YEAR 2002, AUTHORIZATION TO ---------------------------- -- ----- -------- - - - ----------------- PLANNING BOARD TO PERMIT A CONSERVATION SUBDIVISION FOR LANDS OWNED -- ----------------------------------------------------------------------------- BY CRANBERRY HILLS, LLC." ------------------------------------------------------------------------ Be It enacted by the ---------- Town --Board ______ of the - ------- ----------------------------- ^ (,4mne oJL r,ulmivr Body) --------------------- ' of-_______WAPPINGER-- ---- - Town ---------------------------------------------------- as follows: y#iapp- TEXT COMMENCES ON NEXT PAGE. (If additiunul ,-pace is needed, utWch pages the same size as this sheet, and number each.) Dc )S .239 1 Rev. ,1..;u , l l ? LOCAL LAW NO. A Local Law entitled "Local Law No. OF THE YEAR 2002 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: 1. This Local Law shall be known and cited as Town of Wappinger "Local Law No. #14 of the Year 2002, Authorization to Planning Board to Permit a Conservation Subdivision for Lands Owned by Cranberry Hills, LLC". This Local Law will authorize a 322.67 acre tract of land located on Widmer Road in the Town of Wappinger to be treated as a Conservation Subdivision (cluster subdivision) and to otherwise modify the zoning regulations with respect to lot area and dimensions pursuant to Town Law §278, as set forth below. Section II: Legislative Intent: 1. Cranberry Hills, LLC (hereinafter "Cranberry") owns a 322.67 acre tract of land located on Widmer Road in the Town of Wappinger (hereinafter "Property"). The Property had previously consisted of a 550 lot subdivision, which subdivision has been abandoned by Cranberry. Cranberry has made Application to subdivide the Property into a 232 lot Conservation Subdivision for the same parcel of the land. 2. The proposed subdivision of these lands as a Conservation (cluster) Subdivision is authorized by Town Law §278, in accordance with Town of Wappinger Zoning Code §240-19.B. Pursuant to §240-19.B. of the Town Zoning Code, the Planning Board is only authorized to approve Conservation Subdivisions whenever specifically authorized by the Town Board by Local Law pursuant §278 of Town Law. September 23, 2002 0AWAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Fina1.doc 3. The cluster authorization was forinally requested on behalf of Cranberry by its attorneys, Watkins & Cherneff, by letter dated April 16, 2002. The 232 -lot cluster subdivision will include building lots ranging in size from 0.24 through 8.35 acres in area. The Applicant and the Planning Board have both otherwise complied with the provisions of - the Town Law §278 and §240-19 of the Town of Wappinger Zoning Code. The purpose of this Local Law is to authorize the Planning Board to approve the 232 -lot subdivision as a Conservation Subdivision as that term is defined in §240-19 of the Town of Wappinger Zoning Code upon the terms and conditions hereinafter set forth. 4. The proposed subdivision will require disturbance of + 116.3 acres, including ± 3.61 acres with slopes greater than 15% associated with road construction; ± 0.57 acres of ACOE regulated wetlands; + 0.21 acres of N.Y.S. D.E.C. regulated wetlands; and + 2.7 acres of N.Y.S. D.E.C. regulated wetland buffer. The disturbance to the wetland buffer includes approximately 110 feet of N.Y.S. D.E.C. wetland crossings and an additional 200 feet crossing in one Federal wetland. The Town Board acknowledges that additional site disturbance will occur when the Myers Corners Road access road is constructed as hereinafter provided. The Town Board acknowledges that it has been demonstrated that the aforementioned disturbances to the Federal and State wetland areas and buffers will be approved by the N.Y.S. D.E.C. The Town Board acknowledges that the Planning Board has coordinated the SEQRA review of this subdivision application and all of the aforesaid environmental impacts as a Type I Action and as Lead Agency issued a Negative Determination of Significance for this subdivision by Resolution dated May 20, 2002. Based on the foregoing, and consistent with Town Law §278 and Town of Wappinger Zoning Code §240-19, the Town Board determines that the proposed Conservation (cluster) September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc L Subdivision is the most beneficial way to develop this property consistent with good planning and zoning practices and sensitivity to environmental considerations. The Town Board further determines that the proposed Conservation Subdivision will result in a more efficient and attractive development, will ensure the appropriate preservation of open space and environmental resources, and will minimize impacts upon surrounding and adjacent properties. Section III: Authorization to Approve a Conservation Subdivision: 1. Pursuant to Town of Wappinger Code Chapter 240.19.B., the Town Board hereby authorizes the Planning Board of the Town of Wappinger to modify the zoning regulations with respect to lot area and dimensions so as to permit a 232 -lot Conservation Subdivision on Property owned by Cranberry Hills, LLC, identified as Tax Grid Number 6158-04-676438 on the Town of Wappinger Tax Assessment Map and in accordance with a "Site Layout Plan" last dated June 18, 2002 prepared by Kellard Engineering and Consulting, P.C. provided that Cranberry Hills, LLC and the Planning Board comply with the following terms and conditions: (a) Cranberry Hills, LLC, its successors and/or assigns shall construct a road, built to the Town of Wappinger Highway Specifications as same exist at time of commencement of construction, from the proposed subdivision to Myers Corners Road along properties presently owned by Cranberry Hills, LLC; the construction of the road to Myers Corners Road shall be commenced and binder course completed prior to issuance of any Building Permit for units in Phase IIB as shown on the "Phasing Plan" prepared by Kellard Engineering & Consulting, P.C., last dated June 18, 2002; upon construction of the road to Myers Corners September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc Road, Cranberry will not be required to make any improvements to the intersection of New Hackensack Road and Widmer Road as previously offered by Cranberry; (b) a Sidewalk District shall be created for all areas within the subdivision wherein it is proposed that sidewalks will be constricted; (c) a Lighting District shall be created within all areas within the subdivision where street lighting will be constructed; (d) a Drainage District shall be created encompassing all phases of the subdivision; (e) the Town Board shall . review and approve conceptual architectural designs for the elevations of proposed residences to be constricted within the subdivision. ("Elevation Designs") (0 the Town Board hereby acknowledges receipt, review and approval of five such Elevation Designs, said plans being more particularly identified on Schedule "1" attached hereto. Notwithstanding the Elevation Designs incorporated in this Local Law and approved herewith, The Town Board shall approve such additional Elevation Designs as may be submitted by Cranberry from time to fir.. time, provided such Elevation Designs are consistent with and in substantial conformity of appearance and materials with any Elevation Designs previously approved by the Town Board, or incorporate such changes or deviations therefrom as the Town Board shall deem appropriate.. Such Elevation Designs shall be approved by resolution of the Town Board without the passage of an additional Local Law, which approval shall not be unreasonably withheld or delayed. September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc (g) no house of identical exterior appearance shall be permitted to be constructed immediately adjacent to a house of identical appearance along the same street without the consent of the Planning Board, which may modify this restriction by resolution only when necessary for sound planning purposes; (h) the Town Board hereby acknowledges receipt, review and approval of the conceptual scheme for the typical landscape plan for the proposed residences, said landscaping plan is more particularly described in Schedule "2" attached hereto. The Town Board shall approve such additional landscape schemes as may be submitted by Cranberry from time to time provided such landscape schemes are consistent with and in substantial conformity of appearance and products as set forth in Schedule "2". Such additional landscape schemes shall be approved by Resolution without passage of an additional Local Law, which approval shall not be unreasonably withheld or delayed. (i) any further Elevation Designs for residences to be constructed or any further landscape plans or other design plans shall be prepared by an appropriate design professional (architect, professional engineer, landscape architect, etc.); 0) the Town Board has reviewed and hereby approves the design of the light poles for all street lights to be constructed within the subdivision. Attached as Schedule 'T' is the plan for the street lights hereby approved; the Town Board may modify additional plans for street lights by resolution. (k) any resolution of Final Subdivision Approval granted by the Planning Board of the Town of Wappinger, shall include, as a condition thereof, the establishment of a walking trail system through areas of the subdivision deemed appropriate September 23, 2002 OAWAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc and designated by the Planning Board, upon the advice of the Town of Wappinger Greenway Trail Committee, in furtherance of the enjoyment of the natural environment;; (1) any resolution of final subdivision approval granted by the Town of Wappinger Planning Board, shall require review and approval by the attorney to the Town of the form of any proposed riles and regulations of any Homeowner's Association, if applicable, or of any deed restrictions, if applicable, prior to the filing thereof, as may be required by the Planning Board; (m) the Applicant shall amend the subdivision plans to be consistent with the above referenced conditions prior to final subdivision approval. Section IV: Amendment to Zoning Map: In accordance with Section 248-8 of the Town of Wappinger Code entitled "Zoning Map", the Town of Wappinger Zoning Map shall be revised to identify the subject 322 acre property as a Conservation Subdivision pursuant to Section 278 of Town Law. Section V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Fina1.doc subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. September 23, 2002 O:\WAPPINGE\Town Board\LOCAL LAW\Cranberry\LL2002-Final.doc SCHEDULE1 FIVE ARCHITECTURAL PLANS AND DESIGNS OF THE PROPOSED RESIDENCES TO BE CONSTRUCTED WITHIN THE SUBDIVISION ("ELEVATION DESIGNS") FINAL — Sentember 20, 3002 O:\WAPPIN GE`.Town BCafd\LOCAL LAW\Cranberry\LL2002.duc P .2 Architeerunl Elevation Design Description Architectural elevation designs submitted fvr initial approval consist of the following five models: Model "A" Dated: 9/23/02 Two story Craftsman style portico at front entry side or front loaded garage, depending on lot Model "B" Datod 9/23/02 Two story Colonial style Portico at front gntry Twin gables fagade - street elevation Model "C" Dated 9/23/02 Two story Colonial utyle Center Gable at roof line Full porch on front elevation Model "D" Dated 9!23/02 Two story Craftsn= style Full front porch Twin gable &grade Madel 'S" Dated 9/23/02 Two story Traditional style Multi gable street hu ade All of the above Elevation Designs to have: Asphalt roof shingles Horizorml siding (shingle or clapboard in appearance) Traditional detailing (window & door heads) Concrete foundations Shuttazs - optional Stone or brick - optional All Elevation Nsigru are m shown on drawings prepared by The OMce of Carol Kurth J.W. Kurth, AIA, Architect, p.c. 4 fir.. SCHEDULE2 TYPICAL LANDSCAPE PLAN FINAL — September 20, 2002 O:\\VAPPfNGE\Town Board\LOCAL 1-A\V\Cranbcrry\LL2002.duc The Of ice of Carol) . W. Kurth, AIA Architect, p, c. 8.5 •oz '� The Arcad BiAlding Tcl: (914) 234 X395 $.d(ord, NY 10506-0323 -aa: (914) 234.6512 Email: AIAC:PNK(kAOI..GOM t� evww,rudli�rth�; ehilscls.cgm f'e�:k �Z� Schedule 2 Local Law No. of 2002 Cranberry Hills 232 -Lot Conservation Subdivision Authorization Minimum Requirements of Typical Landscape Plan Prior to Final Plat approval, the Applicants shall prepare a minimum typical landscaping plan that will be required of each building lot that accomplishes the following objectives and meets the following minimum planting requirements to the satisfaction of the Planning Board: 1. Foundation Plantings. An adequate number of deciduous and/or evergreen shrubs shall be planted along the front and longest side of the residence to screen the foundation of the residence. Shrubs shall be a minimum of 18llin height at planting, with a mature height of approximately 3'-4'. 2. Garage Screening. An adequate vegetative buffer shall be installed within the side yard adjacent to a garage between the midpoint of the garage and the midpoint of the length of the driveway to screen the garages and parking areas and buffer the residences. Such buffer shall consist of a shrub mass (preferably evergreen) a minimum of 3' in height at time of planting, with a mature height of 4'-6' or greater. 3. Front Yard Trees. A minimum of one (1) ornamental or flowering tree shall be installed within the front yard of each lot to provide visual interest and buffer the residences. The tree shall be a minimum of 8'-10' in height at time of planting. 4. Side Yard Trees. A minimum of one (1) deciduous or evergreen tree shall be planted within each side yard of the lot to provide shade and wind protection, demark property boundaries, re-establish tree cover and to minimize impacts to wildlife habitat. Generally, such trees shall be located within proximity to the residence to provide shade and screening between residences, although the location of trees can be adjusted to account for conflicts with existing vegetation, field conditions, or other constraints. Deciduous trees shall be a minimum of 2"- 21/2" caliper at time of planting, and evergreen trees shall be a minimum of 6'-8' in height at time of planting. Such trees may be waived where healthy and well - formed specimens or stands of existing trees have been preserved within respective side yard(s). 5. Rear Yard Trees. A minimum of two (2) deciduous trees and one (1) evergreen tree shall be planted within each rear yard of the lot to provide shade, wind protection, re-establish tree cover and to minimize impacts to wildlife habitat. Generally, such trees shall be located so as to provide screening between residences, although the location of trees can be adjusted to account for conflicts with existing vegetation, field conditions, or other constraints. Deciduous trees shall be a minimum of 2"-21/2" caliper at time of planting, and evergreen trees shall be a minimum of 6'-8' in height at time of planting. Such trees may be waived oAwappinge\town board\local law\cranberry\landscapeplan-dwery.doc where healthy and well -formed specimens or stands of existing trees have been preserved within rear yard. 6. Invasive Species. The approved plant list shall exclude the use of plants that have been identified as invasive species by agencies such as the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, including, but not limited to: Norway Maple (Acer platanoides), Winged Euonymus or Burning Bush (Eumiymus alatus), Japanese Barberry (Berberis thunbergii), and Purple Loosestrife (Lythrum virgatum). 7. Street Trees. Deciduous/shade street trees shall be planted at intervals in accordance with the requirements of the Subdivision Regulations in a location between the curb and property line as determined and approved by the Planning Board in accordance with the streetscape detail plan. 8. Plant List. Attached hereto is a recommended plant list of trees and shrubs that are appropriate and suited for the project and the above requirements. Other species and varieties may be added subject to the approval of the Planning Board. 9. Stabilization of Disturbed Areas. All areas that are disturbed during the construction process shall be graded, covered with 4 inches of topsoil, and seeded and mulched. oAwappingeVown board\local law\cranberry\landscapeplan-dwery.doe SCHEDULE 3 STREET LIGHTS PLAN FINAL — September 20, 2002 O:\WAPP[NQE\Tc%n Board\LOCAL LAW\Cranhcrry\LL2002.doc -01 ct(4 Z34 • 25 1 5` r a I 1 1 -77 Paie Pole T 'Pole :Model Cll 1 Model CC13: Model CL10 Height 10'4", -Height 1214" Height 9'4" luminaire; Luminaire Luminaire. Model AG62 Model 137CE 'Model AA -01 ct(4 Z34 • 25 1 5` t%- niipiete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ____ilk__________________________ of?0_��_ of the (C3r3irfi )(Town)O of �IAPPZNG1rR TOWN BOARD -------------------------------------- was duly passed b the - -- --- .ul -- ------------------------------ on0ctober__15--- )0.02 - P y (,Name oJLeguiagve 9oJvl , in accordance with the applicable provisions of law 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. -- - - --- -- - - _____-__-__-____-_-_-_-_-_-___________ -of the (County)(City)(Town)(Villa ee) of of 20------ was duly passed by the ----------------------------------------------- on ?0 ___ , and was a roved ----------------------- -"" "-" "-" (pp )(not approved) (re passed after (Name oJLegislative Body) disapproval) by the -_____ ---------------------- and was deemed duly adopted on ---------------------- IElectiveChieJEsecuiiveOJficer•)__________________ 70_ in accordance with the applicable provisions of law. I (Final adoption by referendum.) I herebv certify that the local law annexed hereto, designated as local law No. ____________________________ of ?p------ ------------------- _____ of the (Countv)(Citv)(Town)(Villaae) of____________________________ ------------------------------------- was duly passed by the --------------------------------- ------------------ on ------------------ -'0---- ,and was(approved) iNameafLe?uiuuveBadvl (not approved)(repassed after disapproval) by the___________________ (EleciiveChief£srcuiiveOf/9eer•) on Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on accordance with the applicable provisions of law. - 2t , in -t. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) q sting I hereby certify that the local lav annexed hereto, designated as local law No. ----------------------------------- of the (County)(Citv)(Town)(Villace) of ____________________________ of—0------ n-----------------------•------------- was duly passed by the on hwai^e of Legislative BOJv/ _1O- - , and was (approved)(not approved)(repassed after disapproval) by (he -------------- ---------------- on ------------------ !Eirahe t:hieJ Eseeuin't UJfrcer•1 7!1 �--- Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________________ ?Q___ , accordance with the applicable provisions of law. in * Elective Chief Executive Officer means or includes the chict'execurive officer of a county elected on a county- wide husis or, if there he none, the. chairperson of the county iegisiative body, the mayor of a city or village, or the .supervisor of a tilwn where such officer is vested with the power to approve or veto, local laws or ordinances. (2) 5, (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of ?0_. ---- of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- ?0..... became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20____ - of the County of ---------------------------------------------------- State of New York, having been submitted to the electors at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding.local law with the original on File in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph------.-----, above. Cleric of The County legislative body, City, Town or Village Clerk or officer designated by local legislative body Gloria J. Morse, Town Clerk (Seal) Date: , 2002- (Certification 00? (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNtYOF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. zignature ALBERT P. ROBERTS, Attorney to Tourn Me Town of Wappinger Da le: (3) Town Board Correspondence Log Document # To From Date Received Re Agenda 2002CL - 0599 Brad Oswald Mary Ross 7/31/02 Technical Assistance Grant Rt. 9 Study 9/23/2002 2002CL - 0600 Supervisor G. Jeffrey Haber 8/02 8/1/02 Association of Towns Annual Fee 9/23/2002 2002CL - 0601 Carol Otter Al Roberts 7/31/02 8/1/02 Drainage Issue on Mina Drive 9/23/2002 2002CL - 0602 Hudson River Trustee Ag 8/1/02 Preliminary Investigation of Snapping Turtles 9/23/2002 2002CL - 0603 Town Board Florence Graff 7/30/02 7/31/02 CAC 9/23/2002 2002CL - 0604 Town Board Donald Stein 7/30/02 7/31/02 CAC 9/23/2002 2002CL - 0605 Gerald Terwilliger Charles DelBene 7/26/02 7/31/02 99-1 9/23/2002 2002CL - 0606 Joseph Ruggiero Emanuel Saris 7/29/02 8/1/02 Town of Wappinger 9/23/2002 2002CL - 0607 Joseph Ruggiero Emanuel Saris 7/29/02 8/1/02 Wappinger Assoc. v. TOW 9/23/2002 2002CL - 0608 Gloria Morse Sedore & Company 8/2/02 8/5/02 Minutes 9/23/2002 2002CL - 0609 Town Board Building Inspector 8/5/02 8/5/02 July Report 9/23/2002 2002CL - 0610 Town Clerk Susan Miller 7/30/02 8/5/02 Public Hearing 9/23/2002 2002CL - 0611 Joseph Ruggiero Graham Foster 8/2/02 8/5/02 Fuel Usage 9/23/2002 2002CL - 0612 Manny Saris Al Roberts 7/31/02 8/5/02 Tax Certiorari 9/23/2002 2002CL - 0613 Mark Reisman Al Roberts 8/2/02 8/5/02 Montclair 9/23/2002 2002CL - 0614 Debbie Brown Charles DelBene 8/2/02 8/5/02 Alpine Commons Sewer Connection 9/23/2002 2002CL - 0615 Kathy Pagan, Loretta Bru Linda Tasadfoy 8/2/02 8/5/02 Reports and Questions 9/23/2002 2002CL - 0616 Richard Cantor Al Roberts 8/1/02 8/5/02 TOW v. MVK 9/23/2002 2002CL - 0617 Joseph Ruggiero Charles DelBene 7/30/02 8/5/02 Phase 3B 9/23/2002 Friday, September 20, 2002 Page 1 of 3 Document # To From Date Received Re Agenda 2002CL - 0618 Joseph Ruggiero Jay Paggi 7/31/02 8/5/02 Building and Zoning Meeting Minutes 9/23/2002 2002CL - 0619 Joseph Ruggiero Charles DelBene 7/29/02 8/5/02 Spookhill Road Realignment 9/23/2002 2002CL - 0620 Oakwood Knolls Water Michael Merriman 7/30/02 Oakwood Knolls WD 9/23/2002 2002CL - 0621 Bernadette Castro Hillary Rodham Clinton 8/2/02 8/2/02 Support for Greystone Grant 9/23/2002 2002CL - 0622 Town Board Al Roberts 8/1/02 8/5/02 Kablaoui Tall Trees Land Purchase 9/23/2002 2002CL - 0623 Linda Tasadfoy Al Roberts 8/1/02 8/5/02 Assessor Procedures 9/23/2002 2002CL - 0624 Manny Saris Al Roberts 8/5/02 8/7/02 Tax Certiorari Matter 9/23/2002 2002CL - 0625 Gerald Terwilliger Peter Paggi 8/7/02 8/9/02 Spookhill Recreation 9/23/2002 2002CL - 0626 William Steinhaus 8/7/02 8/9/02 News Release 9/23/2002 2002CL - 0627 Gloria Morse Mark Taylor 8/7/02 8/9/02 Proposed Newburgh Law 9/23/2002 2002CL-0628 Jon Adams Emanuel Saris 8/6/02 8/8/02 James and Kathleen Turco 9/23/2002 2002CL - 0629 Kert Peterman Ralph Holt 8/8/02 8/9/02 Little League 9/23/2002 2002CL - 0630 Supervisor Ruggiero Peggy Roe 8/9/02 8/9/02 Accident 9/23/2002 2002CL - 0631 Gloria Morse 8/7/02 Minutes July 30th Town Board Meeting 9/23/2002 2002CL - 0632 Florence Hannon 7/6/02 Minutes July 1,2002 9/23/2002 2002CL - 0633 Gerald Terwilliger Joseph Stankavage 8/12/02 8/14/02 99-2R-4 9/23/2002 2002CL-0634 Barbara Roberti Joseph Paggi 8/12/02 8/14/02 Kablaoui Subdivision 9/23/2002 2002CL - 0635 Richard Cerino Joseph Paggi 8/12/02 8/14/02 Phase 3A 9/23/2002 2002CL - 0636 Supervisor and Town Bo Heather Kitchen 8/13/02 8/13/02 July Report 9/23/2002 2002CL - 0637 Recreation Committee July Minutes 9/23/2002 2002CL -9638 Recreation Committee June Minutes 9/23/2002 Friday, September 20, 2002 Page 2 of 5 2 Document # To From Date Received Re Agenda 2002CL - 0639 Gerald Terwilliger Charles DelBene 8/8/02 8/13/02 Drainage Scott & Carroll Drive 9/23/2002 2002CL - 0640 Supervisor & Town Clerk Mark Liebermann 8/14/02 8/14/02 Records Storage Facility 9/23/2002 2002CL - 0641 Joseph Ruggiero Emanuel Saris 8/12/02 8/14/02 Biloba Corp V. TOW 9/23/2002 2002CL -0642 Karl Seebruch Joseph Paggi 8/12/02 8/14/02 LaFonda Del Sol 9/23/2002 2002CL - 0643 Joseph Ruggiero Elaine Hoogkamp 8/20/02 8/23/02 Governor/Community Day 9/23/2002 2002CL - 0644 Homeowner Charles DelBene 8/21/02 8/23/02 99-2R 9/23/2002 2002CL - 0645 Joseph Ruggiero Joseph Paggi 8/21/02 8/23/02 Pavillion Condominiums 9/23/2002 2002CL - 0646 Carol Otter Al Roberts 8/20/02 8/22/02 Z&M Development Corp 9/23/2002 2002CL - 0647 Albert Roberto Al Roberts 8/20/02 Victor Milanor Sr. 9/23/2002 2002CL - 0648 Susan Amy Al Roberts 8/15/02 8/19/02 American Reflection Homes to Milano 9/23/2002 Al Roberts 8/15/02 Insurance Specifications for Town Construction Pr 9/23/2002 2002CL - 0649 Jay Paggi 2002CL - 0650 Paul Epstein Al Roberts 8/15/02 Easement through Lot 4 9/23/2002 2002CL - 0651 Supervisor and Town Bo Carl Wolfson 8/15/02 July Report 9/23/2002 2002CL - 0652 Zonig/Planning Board 8/1/02 8/19/02 July Report 9/23/2002 2002CL - 0653 Town of Wappinger Selective Insurance 8/15/02 8/19/02 Insurance Claim 9/23/2002 2002CL - 0654 County Executive Steinha Mayor Ross 8/16/02 8/19/02 9/23/2002 2002CL - 0655 Customers Saint Francis Hospital 8/19/02 Notice 9/23/2002 2002CL - 0656 David Compagni Charles DelBene 8/15/02 8/19/02 Phase 3A Contract 3 9/23/2002 2002CL - 0657 Manny Saris Al Roberts 8/16/02 Tax Certiorari 9/23/2002 2002CL - 0658 Robert Zaccheo Al Roberts 8/16/02 Parsons v. TOW 9/23/2002 2002CL - 0659 Carol Otter Al Roberts 8/16/02 8/19/02 Sewer Improvement Area #4 9/23/2002 Page 3 of 5 Friday, September 20, 2002 Document # To From Date Received Re Agenda 2002CL - 0660 Joseph Ruggiero Anthony Crammer 8/12/02 8/16/02 Hudson United Bank 9/23/2002 2002CL - 0661 Supervisor Carol Adriance 8/8/02 8/16/02 NYSEFC 9/23/2002 2002CL - 0662 Frederick Maute Al Roberts 8/13/02 8/16/02 99-2(R) 9/23/2002 2002CL - 0663 Heather Cristantiello 8/6/02 8/16/02 Liquor License 9/23/2002 2002CL - 0664 Joseph Ruggiero Graham Foster 8/26/02 8/26/02 Robinson Residence 9/23/2002 2002CL - 0665 Gloria Morse 8/21/02 Minutes 8/21/02 9/23/2002 2002CL - 0666 Tax Assessor Denise Mohr 8/21/02 8/26/02 Change of Address 9/23/2002 2002CL - 0667 Joseph Ruggiero Joseph Paggi 8/22/02 8/26/02 Parsons Subdivision 9/23/2002 2002CL - 0668 Don Swartz Elizabeth Doyle 8/23/02 8/26/02 Martz Field 9/23/2002 2002CL - 0669 Carol Otter Al Roberts 8/23/02 8/26/02 99-2(R) 9/23/2002 2002CL - 0670 Joseph Ruggiero Donald Stein 7/30/02 Pye Lane Car Accident 9/23/2002 2002CL - 0671 Joseph Ruggiero Janice Hilderbrand 7/25/02 7/30/02 Historic Photos 9/23/2002 2002CL - 0672 Wendy Lawrence Tatiana Lukianoff 8/13/02 8/16/02 Oak Grove Meeting Facility 9/23/2002 2002CL - 0673 Harry Serviss Charles DelBene 8/15/02 8/16/02 99-2(R) 9/23/2002 2002CL - 0674 Paul Epstein Al Roberts 8/22/02 8/23/02 Parsons Subdivision 9/23/2002 2002CL - 0675 Joseph Ruggiero Joseph Paggi 8/6/02 8/11/02 Oakwood Knolls 9/23/2002 2002CL - 0676 Howard Osterhoudt Joseph Stankavage 9/10/02 9/11/02 Oakwood Knolls 9/23/2002 2002CL - 0677 Fred Straub Gloria Morse 9/10/02 9/11/02 Permission to Become Tenant 9/23/2002 2002CL - 0678 Tri -County Abstract Al Roberts 9/10/02 9/11/02 Applesauce Pond 9/23/2002 2002CL - 0679 Ronnie Crochet 9/29/02 Crochet Equipment Company 9/23/2002 2002CL - 0680 Inde -Jit Kumar Joseph Paggi 9/5/02 9/9/02 Wappinger Sewer Transmission Treatment Improv 9/23/2002 Friday, September 20, 2002 Page 4 of 3 D Document # To From Date Received Re Agenda 2002CL - 0683 Joseph Ruggiero Joseph Paggi 8/27/02 8/29/02 99-2R 9/23/2002 2002CL - 0684 Joseph Ruggiero NYS Board of Real Prope Certificate of Final State Equalization Rate 9/23/2002 2002CL - 0685 Joseph Ruggiero Frank Gildea 8/27/02 8/29/02 Resident Letter 9/23/2002 2002CL - 0686 UCMR Official Gregory Carroll 8/23/02 8/29/02 Monitoring Data 9/23/2002 2002CL - 0687 Joseph Ruggiero Charles DelBene 8/25/02 8/29/02 Robinson Residence 9/23/2002 2002CL - 0688 Town Board Building Inspector 9/4/02 9/4/02 August Report 9/23/2002 2002CL - 0689 Joseph Ruggiero Scott LeRoy 8/29/02 CAC 9/23/2002 2002CL - 0690 Joseph Ruggiero Carmella Mantello 8/21/02 9/03/02 Support Letter 9/23/2002 2002CL - 0691 Joseph Ruggiero Jack Peluse 8/30/02 9/3/02 Insurance Notice 9/23/2002 2002CL - 0692 Contractor Joseph Stankavage 8/29/02 9/3/02 Oakwood Knolls Water Dist. 9/23/2002 2002CL - 0693 Mrs. Giordano Kathy Pagan 9/5/02 Assessment 9/23/2002 2002CL - 0694 Joseph Ruggiero Daniel O'Connor 8/29/02 9/02 Water Main Relocation 9/23/2002 2002CL - 0695 Joseph Ruggiero Ved Shravah 8/30/02 9/5/02 September 11th 9/23/2002 2002CL - 0696 Joseph Ruggiero Graham Foster 9/3/02 9/8/02 Fuel Usage 9/23/2002 2002CL - 0697 Gerald Terwilliger Charles DelBene 8/30/02 9/5/02 Phase 3A 9/23/2002 2002CL - 0698 Michael Merriman Joseph Stankavage 9/4/02 9/5/02 Oakwood Knolls WD 9/23/2002 2002CL - 0699 Harry Serviss Joseph Paggi 9/5/02 9/9/02 99-2R Contract 6 9/23/2002 2002CL - 0700 Michael Merriman Joseph Stankavage 9/5/02 9/9/02 Meadowood WD 9/23/2002 2002CL - 0701 Mid-Islan Equities Mark Liebermann 9/6/02 9/9/02 Vacant Structure 9/23/2002 Friday, September 20, 2002 rage ) of