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2002-09-09 RGMSUPERVISOR JOSEPH RUGGIERO Call to Order '**OWN OF WAPPINGElf SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-2744 FAX: (845) 297-4558 Monday, September 9, 2002 7:30pm Wappinger Town Hall AMMENDED AGENDA Roll Call, Salute to the Flag TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Public Hearing: Public Hearing to Authorize the Submission of the Fiscal Year 2003 Dutchess County Community Development Block Grant Program/ Wappinger Park Public Hearing to Authorize the Submission of the Fiscal Year 2003 Dutchess County Community Development Block Grant Program/Tall Trees Suspension of Rules for Public Comment on Agenda Items Discussions/Presentations: Cablevision -Roger Connor Empire Zone -Ann Conroy Traffic Calming -Mike Gallente Beautification Applesauce Pond -Jay Paggi Historic Photos -Janice Hilderbrand Conservation Advisory Council Road Salt Redistricting Resolutions: 2002-222 Adopt Local Law Amending Zoning Law of the Town of Wappinger Regarding Density Units and Net Lot Area for Multi Family Districts 2002-247 Silvestri Contract 2002-249 Resolution Awarding Greystone Project to Fraser Associates 2002-251 Authorize Engineering Contract for Joint Landfill 2002-252 Authorize Agreement between TOW Highway and Dutchess County for Winter Weather Services 2002-255 Resolution Appointing Fire Prevention Bureau 2002-256 Authorize Mid Hudson Islamic Association Escrow Return 2002-257 Authorize Supervisor to Sign Wappinger Little League Contract 2002-258 Award Bid for Oakwood Knolls Water District to Connect to Central and Northern Wappinger Water District 2002-259 Authorize Deputy Building Inspector to Attend Conference 2002-260 Authorize the Submission of the Fiscal Year 2003 Dutchess County Community Development Block Grant Program/ Wappinger Park 2002-261 Authorize the Submission of the Fiscal Year 2003 Dutchess County Community Development Block Grant Program/Tall Trees 2002-263 Resolution to Appoint Town of Wappinger Ethics Board 2002-264 Authorize 8 Carmel Heights Sewer Tenancy New Business/Comments Adjournment 09/09/2002.WS The Workshop Meeting of the Town Board of the Town of Wappinger was held on September 9, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman (arrived at 7:45 p.m.) Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Gloria J. Morse, Town Clerk The Supervisor asked all to join in the Pledge of Allegiance to the Flag. PUBLIC HEARINGS: Public Hearing to Authorize Submission of Fiscal Year 2003 Dutchess County Community Development Block Grant Program/Wappinger Park. Public Hearing to Authorize Submission of Fiscal Year 2003 Dutchess County Community Development Block Grant Program/Tall Trees PRESENTATIONS/DISCUSSIONS • Cablevision -Roger O'Connor, Director of Government Affairs explained that he is the liaison between the community that Cablevision serves and the company. Cablevision has made a lot of progress in the town of Wappinger in the past several years by completing an upgrade in their cable system, introduced their Optimum on Line high speed internet access service and, by the end of this year expect to introduce digital television. He also is in charge of leading discussions and negotiations in renewing their franchise agreement. FCC has certain rules in regard to franchise renewal negotiations. Prior to the agreement being presented through resolution and signed by the Supervisor, the state requires a public hearing so the public may comment on the performance of the company or the franchise agreement itself. Then the agreement goes to the state public service commission to be reviewed and then certified. Once certified the agreement will go into effect. Councilman Valdati announced that he would like to see town proceedings televised on cable. Mr. O'Connor explained that Cablevision would be very open to working to develop this. There is public education and government access provision in the state rules and regulations, and they would be happy to 1 09/09/2002.WS work with the town to develop a government community channel. NO ACTION TAKEN. • Empire Zone- Ann Conroy Director gave a brief description of the Empire Zone and its efforts to encourage business and create jobs. Empire is currently considering a change in boundaries which would enable the town to become part of the zone. They offer financial incentives, including tax breaks to businesses that locate or expand in the zone. At present there are two vacant properties, in the Town of Wappinger. One on 169 Myers Corners Road, and the other on Airport Drive that have the potential of being refurbished and made into businesses that could employ local residents. This would ensure the town utilizing properties that already exist. If the town joins, they would be asked to contribute $5,000 per project until such time as the property is developed and a business is certified on the property and jobs are created. As more communities participate the fee will decrease each year. What they want from the Town Board at this point is not a formal resolution, but support if and when the proposal gets into the approval process. Each community will be asked to pass a resolution supporting this provision. The county will also help pay the cost of administering the program. Supervisor Ruggiero and the board members were in full support of becoming a part of the zone. • Traffic Calming -Michael Galante of Frederick P. Clark Associates gave a presentation and steps that would have to be taken to address concerns of both the Town and residents with regard to traffic flow and speed of vehicles on various roadways. Based on discussion and field visits, Mr. Galante went over the Scope of Services that would be provided and before doing anything, identify problems, with data and documentation. Based on results they will develop appropriate traffic control measures, where feasible, to address reducing vehicular speed on particular roadways. Traffic calming measures and locations will be identified for each roadway and presented to the town in a written report. Discussion followed COUNCILMAN VALDATI moved to authorize up to $20,000 to Frederick P. Clark to conduct a traffic evaluation of town roadways. Seconded by Councilman Bettina Motion Unanimously Carried • Applesauce Lane Pond.- William Avon of 7 Applesauce lane explained that carp were stocked into the pond several years ago to help the eco system and due to the large algae build up in the pond recently, over 200 dead fish weighing in at 40 pounds apiece were removed. He explained that the P� 09/09/2002.WS algae depletes the oxygen from the water, thus killing the fish. He is requesting the town to provide 2 aerators for the pond in order to prevent the algae build up and saving the fish. Mr. Paggi, Engineer to the Town explained that he supports the use of the aerators to provide the proper aquatic environment. They would probably cost $13,500.00. Discussion followed. COUNCILMAN COLSEY moved to authorize Mr. Paggi to work with the Town Attorney to research this request and get back to the board with their findings. Seconded by Mr. Bettina Motion Unanimously Carried • Historic Photos -Janice Hildebrand of `By the Falls"- Ms. Hildebrand will return on September 23, 2002 at 7:00 p.m. in order for Board Members to select 16 historic photos for town hall. • Beautification -Michael Galante announced that the NYSDOT granted the town and the village permission to do the landscaping in the medium on route 9. The next step would be to submit plans to the state for their approval, and the town would need a permit from the state to do the work. The town would then be obligated to maintain it. Supervisor Ruggiero announced that we received a grant of $2,500 from Joel Millers office as well as $5,000 in the budget. COUNCILMAN PAOLONI moved to purchase design #1 3x5 signs from J&S Signs & Designs of Hyde Park New York. Seconded by Councilman Bettina Motion Unanimously Carried • Conservation Advisory Council was moved to Executive Session. • Road Salt. -Councilman Valdati was contacted by a resident of Marlorville Road, claiming her well water was contaminated due to road salt. She said her water was checked by the Board of Health and was informed that the levels were three times the normal. Mr. Foster explained that he had received the original phone call, and the resident claimed that a female at the BOH had given her this information. Mr. Foster called the BOH, and asked who was giving out this information, and they had no knowledge of this call. Shortly after, he received a call from Dan O'Connor asking what was going on. According to Mr. Foster, the woman has lived in the home since 1957 and has had a water softner many years, and septic tank. Mr. O'Connor agreed that much of the chloride pollution in wells today is coming from the water softners. The road salt has a tendency to run off to the side into the drainage basins, and ultimately to the Hudson 3 09/09/2002.WS River, whereas the water softner goes into your septic tank and it stays on the property. Mr. O'Connor explained even if we were to establish that it was road salt, road salt is a fact of life as is acid rain. It's something we must live with. He said there were no studies conducted by his department, but the BOH would conduct studies if we want. Jay Paggi and Mike Tremper will conduct a study and report back to the town board with their findings. • Redistricting- Nick Johnson, head of the Republican Committee was reminded that the town board has until February 15th to make any changes they want for the next election. The Town Wards were set up in 1983 and in 1990 there was no reapportionment. He is proposing that the town board appoint a bipartisan committee to investigate and make adjustments in election districts. We have about 4 or 5 election districts that have over 1,000 voters in them, and they probably should be divided in half. Discussion followed. RESOLUTION NO. 2002-222 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW #13 OF 2002 AMENDING THE ZONING LAW OF THE TOWN OF WAPPINGER REGARDING DENSITY UNITS AND NET LOT AREA FOR MULTI -FAMILY DISTRICTS" The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law #13 of 2002, Amending the Zoning Law of the Town of Wappinger Regarding Density Units and Net Lot Area for Multi -Family Districts" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and WHEREAS, a Public Hearing was held on August 5, 2002, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law is subject to environmental review; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 6 NYCRR 617 (commonly known as SEQRA) and pursuant to a Chapter 117 of the Town of Wappinger Code (the Town's Environmental Quality Review Law); and 4 LOCAL LAW # 13 OF THE YEAR 2002 A Local Law, entitled "Local Law #I ,of 2002, Amending the Zoning Law of the Town of Wappinger regarding Density Units and Net Lot Area for Multi -family Districts." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # 13 of 2002, Amending the Zoning Law of the Town of Wappinger regarding Density Units and Net Lot Area for Multi -family districts". Section 2: Legislative Intent The intent of the proposed Local Law is to delete the definition of the term "Density Unit" and replace its use with "Dwelling Unit" and to define the term "Net Lot Area" and require calculation of the number of permitted dwelling units, floor area and lot coverage based upon the "Net Lot Area," that portion of the subject property that is without severe environmental constraints of wetlands, floodplain and steep slopes in excess of 25%. Section 3: § 240-5. Definitions, of the Zoning Law shall be revised to delete the definition of Density Unit and to add the definition of Net Lot Area as follows: NET LOT AREA The gross area of a property minus one -hundred percent of the area of wetlands, lands within the 100 -year floodplain, and areas of steep slopes in excess of 25% when measured over a distance of fifty feet. Section 4. § 240-18.F Building Lots, of the Zoning Law shall be amended as follows: F. Existing undersized lots. A lot, the area or dimensions of which are less than that required for the district in which it lies, may be deemed to qualify for the issuance of a building permit, provided that all the following requirements are met (see also § 240-38B): Section 5. § 240-19.C(1) of the Zoning Law shall be amended as follows: (e) The open space development provisions of this chapter do not result in there being a .y more dwelling units than would have been allowed under a conventional subdivision. 2 of 7 Section 6. § 240-38. Multifamily Residential District, of the Zoning Law shall be amended as follows: In an RMF District, all multifamily uses shall be subject to site plan approval in accordance with Article IX of this chapter and the following special requirements: A. Net lot area. In the RMF districts, the calculation of the maximum permitted number of dwelling units, floor area ratio (FAR), and lot coverage shall be based upon net lot area. B. Existing undersized lots. Section 240-18F, Existing undersized lots, does not apply to Multifamily Residence Districts. C. Water and sewerage facilities. (1) Where, in -the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction. (2) Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies. (3) Where future service by off-site water and/or sewage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site system at such time as they are constructed. D. Open space and recreation area. At least 50% of the gross area of the site shall be preserved as permanent open space, free of buildings and parking areas and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board. Within such common open space areas, a total of not less than 300 square feet per dwelling unit shall be improved with common recreational facilities, such as swimming pools, tennis, basketball, volleyball and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit. 3 of 7 E. Required parking. Parking spaces shall be provided in number and design according to the provisions of Article X of this chapter. Section 7. § 240-39 of the Zoning Law, Planned Unit Development District, shall be amended as follows: D. Density or intensity of land use. The appropriate density or intensity of land use to be permitted in each Planned Unit Development District and in any section thereof shall be determined in each individual case by the Town Board and specified on the approved General Land Use and Development Plan for the PUD as set forth in § 240-39H. Such determination of land use intensity and of density shall be based upon the recommendation of the Town Planning Board as provided in § 240-39H(3) and upon a thorough documentation of the nature and potential site and community impact of the proposed development as required to be submitted by the applicant in accordance with the provisions of § 240-39H(1). It is further intended that the permitted maximum intensity of nonresidential uses not exceed that which could be permitted in the corresponding conventional zoning use districts and that the maximum gross residential density for the residential or residentially related portion of any planned unit development not exceed that which could be permitted in an R-20 District. H. (1) (a) [7] A numerical analysis of the development proposal including the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of these units according to size and type, the total amount of floor area to be devoted to each type of nonresidential use, the approximate extent of building and paved area coverage in each section, and an analysis of the development proposal in relation to the maximum permitted number of dwelling units as set forth in § 240-39D, Density or intensity of land use. Section 8. § 240-50.D of the Zoning Lara, Designed Residential Development, shall be amended as follows: D. Development standards and controls. All improvements within designed residential developments shall be required to comply with the following specified standards and controls in lieu of those comparable requirements for other residential developments which are specified elsewhere in this chapter and in the Land -Subdivision Regulations: 4of7 (1) Dwelling Unit Type and Density. (a) Density formula. The maximum permitted number of dwelling units in a designed residential development shall be determined by dividing the total land area by the normally required minimum lot size for the zoning district in which it is located and subtracting 20%. (b) Number of bedrooms. The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site plans in accordance with Article IX of this chapter. (c) Dwelling unit mix. For the purpose of assuring that designed residential developments will broaden the range of available housing types within the town, not more than 25% of the permitted dwelling units within any such development shall be composed of detached one -family dwellings. Section 9. § 240-50.E(1)(a)[51 of the Zoning Law, Designed Residential Development, shall be amended as follows: E. (1) (a) [5] A numerical analysis of the development proposal including the total gross acreage and the approximate acreage to be occupied by each type of permitted use, the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of these units according to size and type. The analysis shall include the total floor area devoted to each type of nonresidential use and the extent of paved area and building coverage. Section 10. § 240-50 E.(3) of the Zoning Law, Designed Residential Development, sliall be amended as follows: E. (3) Amendments. The Town Board, after public hearing with the same notice and referrals as required for the original public hearing and approval, may consider and act upon an application to amend the design concept shown on the General Land Use and Development Plan for a previously approved designed residential development or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no public hearing shall be required where a proposed changC or enlargement does not result in any significant modification to the design concept shown on the approved General I_ -and Use and Development Plan or where less than a five -percent increase in the number of initially approved dwelling units is 5 of 7 Section 11. Regulations schedule: Section 12. involved, provided that all density and other requirements of this chapter are complied with and such modification does not affect the findings of the Town Board with respect to the Town and State Environmental Quality Review Laws. The Town of Wappinger Zoning Law, Schedule of Dimensional — Residential Districts, shall be amended as shown in the attached (See attached schedule) Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. S of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 13: 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 petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local I.aw or part hereof is held inapplicable had been specifically exempt there from. Section 14: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary o: State as provided by the Municipal Home Rule Law. j:\docs'\j0C`.wappineer\zone a iendments\density_net lot. locallaw.dkw.doc 6 of 7 FM Schedule of Dimensional Regulations — Residential Districts Town of Wappinger NOTE: "l -he purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. The following lot widths and yard requirements are required: Minimum Lot Arca Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard square feet) feet feet feet feet feet _ 80.000 200 200 50 40 50 _ 60,000 150 150 50 District 12-80 R40/80' 1140 R-20/40' R-20 R-15 R-10 R -2F RMF -3 RNIF-5 MMininwm lot area (square feet, unless 80,000 -- 40,000 -- 20,000 15,000 10,000 15,000 noted) With public water and sewer -- 40,000 -- 20,000 -- -- -- -- 5 acres 5 acres With public water or sewer 60,000 30,000 -- 15 acres 10 acres Without public water and sewer -- 80,000 -- 40,000 -- -- -- -- 15 acres 10 acres Minimum lot width (feet) 200 See Note 1 125 See Note I 100 85 60 85 100 100 Minimum lot depth (feet) 200 See Note 1 125 See Note 1 125 100 80 100 150 150 Minimum lot frontage (feet) 50 50 50 50 50 1 50 50 50 150 50 I Maximum dwelling units per acre of net -- -- -- -- -- -- -- -- 3 5 lot area Minimum front yard (feet) from: County/state highway 75 75 75 75 75 75 75 75 75 75 Center line of other street 75 75 75 75 60 60 50 60 75 75 Front lot line of other street 50 50 50 50 35 35 25 35 50 50 Minimum side yard (feet) 40 40 25 25 20 15 12 15 50 25 Accessory building <15 feet high 10 10 10 10 10 5 5 5 10 10 and <200 square feet Minimum rear yard (feet) 50 50 50 50 40 30 25 30 50 50 Accessory building <15 feet high 10 10 10 10 10 5 5 5 10 10 i nod <200 square feet Maximum "Building I (eight" 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 3/35 3/35 (stories/f ect) Maximum lot coverage (percent) 101/1, 10% 129%o 12% 15"10 20% 25% 20% 30`%,2 45%2 M11f axinwm floor area ratio 0.1 0.1 0.12 0.12 0.15 0.2 0.25 0.3 0.3'' 0.45' NOTE: "l -he purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. The following lot widths and yard requirements are required: Minimum Lot Arca Minimum Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard square feet) feet feet feet feet feet _ 80.000 200 200 50 40 50 _ 60,000 150 150 50 30 50 40,000 125 125 50 25 50 30 000 115 125 40 20 45 20 000 100 125 35 20 40 211ased on Net Lot Area. N O 2 C) 09/09/2002.WS WHEREAS, the Town Board has reviewed the intended action with respect to the criteria set forth in Part 6 NYCRR 617 and Chapter 117 of the Town of Wappinger Code and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby adopts a Negative Declaration of Significance for this action, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. 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 of the Town of Wappinger hereby adopts the Local Law entitled "Local Law #13 of 2002, Amending the Zoning Law of the Town of Wappinger Regarding Density Units and Net Lot Area for Multi -Family Districts", a copy of which is attached hereto and made a part of this Resolution; and The Town Clerk is hereby directed to file the Notice of Determination of Non - Significance with the Department of Environmental Conservation as provided by law. The Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 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 CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-247 RESOLUTION AUTHORIZING THE EXECUTION OF THE CONTRACT BETWEEN THE TOWN OF WAPPINGER AND D. SILVESTRI SONS, INC. The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Town Board wishes to renew the yearly A/C and Heating Maintenance Contract for the Town Hall Building with D. Silvestri Sons, Inc., which would include six (6) inspections per year, four (4) complete filter 5 09/09/2002.WS changes and one (1) annual belt change on all of the air handlers, for the term of July 1, 2002 to July 1, 2003. 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. D. Silvestri Sons, Inc. with an office at 173 Old Route 9, Fishkill, New York 12524 is hereby authorized to maintain the Town Hall Building's A/C and heating system which would include six (6) inspections per year, four (4) complete filter changes and one (1) annual belt change on all of the air handlers, for the term of July 1, 2002 to July 1, 2003, in accordance with a written proposal dated July 26, 2002. Supervisor Joseph Ruggiero is hereby authorized to sign the A/C and Heating Maintenance Work Order on behalf of the Town and authorize commencement of the work thereby. 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. 2002-249 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PREPARE THE MASTER PLAN FOR THE GREYSTONE ESTATE The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey WHEREAS, the Town of Wappinger owns a 99 -acre estate property located on Wheeler Hill Road in the Town of Wappinger, commonly known as "Greystone Estate"; and WHEREAS, the Town of Wappinger desires to investigate development opportunity for the "Greystone Estate" and develop a Master Plan for its use; and WHEREAS, J. Kenneth Fraser and Associates, PE, LS, LA, P.C., 22 High Street, Rensselaer, New York 12144, has submitted a contract proposal dated May 10, 2002 to prepare a Comprehensive Master Plan for the development of the Greystone Estate; and WHEREAS, Resolution No. 2002 - 172 was previously adopted on May 28, 2002 retaining J. Kenneth Fraser and Associates to prepare applications for grant funding pursuant to the Scope of Services 1.1 of the May 10, 2002 09/09/2002.WS proposal at a total cost not to exceed Twenty Five Thousand Dollars ($25,000.00). 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. J. Kenneth Fraser and Associates, PE, LS, LA, P.C., doing business at 22 High Street, Rensselaer, New York 12144 is hereby awarded the contract to prepare a Comprehensive Master Plan for the Greystone Estate in accordance with the Proposal for Professional Services dated May 10, 2002 at a cost not to exceed two hundred and seventy-two thousand and eight hundred dollars ($272,800.00). Supervisor Joseph Ruggiero is hereby authorized and directed to sign the Contract on behalf of the Town the Contract Agreement and the Standard Terms and Conditions of Agreement, which are annexed hereto and approved by Albert P. Roberts, Attorney to 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 The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-252 RESOLUTION AUTHORIZING TOWN HIGHWAY SUPERINTENDENT TO PARTICIPATE IN THE COUNTY HIGHWAY SNOW AND ICE CONTROL PROGRAM The following Resolution was introduced by Councilman Valdati and seconded by Supervisor Ruggiero. 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 locally, 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, 7 09/09/2002.WS 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. 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. I, Florence Hannon, Deputy Clerk of the Town of Wappinger, DO HEREBY CERTIFY that the foregoing is a true copy of a resolution offered and adopted at a meeting of the Town Board, held September 9, 2002. RESOLUTION NO. 2002-255 RESOLUTION APPOINTING TOWN FIRE PREVENTION BUREAU MEMBERS The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni WHEREAS, the Board of Fire Commissioners of the New Hackensack Fire District has recommended the appointment of Andy Mihans to the Town of Wappinger Fire Prevention Bureau for a term which expires on July 1, 2004; and WHEREAS, the Board of Fire Commissioners of the New Hackensack Fire District has recommended the appointment of Kyle Pottenburgh to the Town of Wappinger Fire Prevention Bureau for a term which expires on July 1, 2003; and WHEREAS, the Board of Fire Commissioners of the Chelsea Fire District has recommended the appointment of Yvonne Tompkins to the Town of Wappinger Fire Prevention Bureau for a term which expires on July 1, 2004; and WHEREAS, the Board of Fire Commissioners of the Chelsea Fire District has recommended the appointment of James Tompkin to the Town of Wappinger Fire Prevention Bureau for a term which expires July 1, 2003; and WHEREAS, the Board of Fire Commissioners of the Hughsonville Fire District has recommended the appointment of Glenn Kramer to the Town of Wappinger Fire Prevention Bureau for a term which expires on July 1, 2004; and 09/09/2002.WS WHEREAS, the Board of Fire Commissioners of the Hughsonville Fire District has recommended the appointment of William Spinelli to the Town of Wappinger Fire Prevention Bureau for a term which expires July 1, 2003. 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. Andy Mihans as the appointee from the New Hackensack Fire District is hereby appointed to the Town of Wappinger Fire Prevention Bureau for a term which expires July 1, 2004 in accordance with letter dated August 12, 2002 from Mark Liebermann, the Town of Wappinger Fire Inspector, to the Town Board. Kyle Pottenburgh as the appointee from the New Hackensack Fire District is hereby appointed to the Town of Wappinger Fire Prevention Bureau for a term which expires term will expire on July 1, 2003 in accordance with letter dated August 12, 2002 from Mark Liebermann, the Town of Wappinger Fire Inspector, to the Town Board Members. Yvonne Tompkins as the appointee from the Chelsea Fire District is hereby appointed to the Town of Wappinger Fire Prevention Bureau for a term, which expires term will expire on July 1, 2004 in accordance with letter dated August 12, 2002 from Mark Liebermann, the Town of Wappinger Fire Inspector, to the Town Board Members. James Tompkins as the appointee from the Chelsea Fire District is hereby appointed to the Town of Wappinger Fire Prevention Bureau for a term, which expires term will expire on July 1, 2003 in accordance with letter dated August 12, 2002 from Mark Liebermann, the Town of Wappinger Fire Inspector, to the Town Board Members. Glenn Kramer as the appointee from the Hughsonville Fire District is hereby appointed to the Town of Wappinger Fire Prevention Bureau for a term, which expires term will expire on July 1, 2004 in accordance with letter dated August 12, 2002 from Mark Liebermann, the Town of Wappinger Fire Inspector, to the Town Board Members. William Spinelli as the appointee from the Hughsonville Fire District is hereby appointed to the Town of Wappinger Fire Prevention Bureau for a term, which expires term will expire on July 1, 2003 in accordance with letter dated August 12, 2002 from Mark Liebermann, the Town of Wappinger Fire Inspector, 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 M 09/09/2002.WS JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-256 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 1840 ROUTE 376 The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni WHEREAS, there remains an escrow balance for 1840 Route 376, Application No. 195, in the amount of Four Thousand, Seven Hundred and Twenty Nine Dollars and 75/100 ($4,729.75); and WHEREAS, the Applicant Ahmed S. Shah of the Mid -Hudson Islamic Association has requested the return of the escrow balance in a letter dated July 10, 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 Four Thousand, Seven Hundred and Twenty Nine Dollars and 75/100 ($4,729.75) made payable to Ahmed S. Shah of the Mid -Hudson Islamic Association for the refund of the unused escrow funds deposited for the planning and engineering for the premises located 1840 Route 376, Application No. 195. 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. 2002-257 RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger Little League Association provide baseball activities for the boys and girls of the community in accordance with the 10 09/09/2002.WS proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association. 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 agrees to enter into a written Agreement between the Town of Wappinger and Town of Wappinger Little League Association which will provide baseball activities for the boys and girls of the community. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town said Agreement between the Town of Wappinger and Town of Wappinger Little League Association in substantially the same form as attached hereto. 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. 2002-258 RESOLUTION AWARDING CONTRACT FOR THE OAKWOOD KNOLLS WATER DISTRICT The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati WHEREAS, the advertisement for bids for Oakwood Knolls Water District connection to the Central Wappinger Water Improvement Area and the North Wappinger Water District was published in the Southern Dutchess News and Poughkeepsie Journal newspapers on August 14, 2002; and WHEREAS, bids were opened on September 6, 2002 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Joseph E. Paggi, Jr., P.E. of Paggi, Martin & Del Bene, Engineers to the Town of Wappinger, has provided an award recommendation to the Town Board. 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 Contract for Oakwood Knolls Water District connection to the Central Wappinger Water Improvement Area and the North Wappinger Water District is hereby awarded to H. Osterhoudt Excavating doing business at Ellenville, New York for the price of $ 74,490.00 in accordance with the award 11 09/09/2002.W S recommendation letter dated September 6, 2002 from Joseph Paggi, Jr., of Paggi, Martin & Del Bene, Engineers to the Town of Wappinger, to the Town Board. 3. 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 COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-259 RESOLUTION AUTHORIZING THE DEPUTY BUILDING INSPECTOR TO ATTEND CAPITAL DISTRICT BUILDING OFFICIALS CONFERENCE The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town Board wishes to authorize Salvatore Morello, III, Deputy Building Inspector to the Town of Wappinger, to attend the Capital District Building Officials Conference from October 20, 2002 to October 23, 2002 in Albany, 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. Salvatore Morello, III, Deputy Building Inspector to the Town of Wappinger is hereby authorized to attend the Capital District Building Officials Conference on October 20th, 21st, 22nd and 23rd, 2002 at the Holiday Inn, Turf Road, Albany, New York in accordance with the letter dated August 16, 2002 from Salvatore Morello, III, Deputy Building Inspector, to Supervisor Joseph Ruggiero at a cost not to exceed Five Hundred and Seven Dollars ($507.00). 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 The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-260 RESOLUTION AUTHORIZING THE SUBMISSION OF THE FISCAL YEAR 2002 DUTCHESS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR WAPPINGER PARK 12 9 09/09/2002.WS WATER DISTRICT CONNECTION TO TH CENTRAL WAPPINGER WATER IMPROVEMENT AREA The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Consortium for Fiscal Year 2003, and WHEREAS, input from citizens and groups has been received and considered, and WHEREAS, an application has been prepared which addresses our community concerns. NOW, THEREFORE BE IT RESOLVED, that the Dutchess County Community Development Consortium Fiscal Year 2003 application for the Town of Wappinger including the certifications included therein by and hereby is approved. BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning and Development be and hereby is authorized. 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. 2002-261 RESOLUTION AUTHORIZING THE SUBMISSION OF THE FISCAL YEAR 2003 DUTCHESS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR TALL TREES/MONTCLAIR WATER SYSTEM CONNECTION TO THE JOINT CITY/TOWN OF POUGHKEEPSIE PUBLIC WATER SUPPLY SYSTEM The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Consortium for Fiscal Year 2003, and WHEREAS, input from citizens and groups has been received and considered, and WHEREAS, an application has been prepared which addresses our community concerns. NOW, THEREFORE BE IT RESOLVED, that the Dutchess County Community Development Consortium Fiscal Year 2003 application for the 13 09/09/2002.W S Town of Wappinger including the certifications included therein by and hereby is approved. BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning and Development be and hereby is authorized. 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. 2002-263 RESOLUTION APPOINTING TOWN OF WAPPINGER ETHICS BOARD The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati WHEREAS, the Wappinger Town Board is charged with appointing an Ethics Board made up of five members with the Town Supervisor and each Councilperson appointing one representative, and WHEREAS, the appointments for the Town of Wappinger are as follows: Supervisor Joseph Ruggiero appoints Sandra Goldberg Councilman Robert Valdati appoints Vincent Francese Councilman Vincent Bettina appoints Tom Della Corte Councilman Christopher Colsey appoints Scott L. Harris Councilman Joseph Paoloni appoints Maureen Lucas NOW, THEREFORE, BE IT RESOLVED, that Sandra Goldberg, Vincent Francese, Tom Della Corte, Scott Harris, and Maureen Lucas are hereby appointed to the Town of Wappinger Ethics Board. 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. 2002-264 RESOLUTION AUTHORIZING THE SEWER TENANCY OF 8 CARMEL HEIGHTS TO WAPPINGER SEWER IMPROVEMENT AREA PHASE II 14 09/09/2002.WS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, Fred Straub, President of Ultra Craft Homes has requested sewer tenancy for the property located at 8 Carmel Heights, Lot #4 Parsons Subdivision, and WHEREAS, 8 Carmel Heights, Lot #4 Parsons Subdivision is situated outside the Wappinger Sewer Improvement Area Phase II, and WHEREAS, Mr. Straub has requested in writing authorization to have this property connected to the Rockingham Sewer District as a Tenant; 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. Fred Straub, President of Ultra -Craft Homes is hereby authorized to connect 8 Carmel Heights to the Rockingham Sewer District as a Tenant, effective upon the Town's receipt of an executed Rockingham Sewer District Tenant Agreement and payment of required fees. Fred Straub will pay the same sewer charge that is paid by district residents. 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 This Resolution is hereby duly declared adopted RESOLUTION NO. 2002-265 RESOLUTION AWARDING CONTRACT FOR TICK CONTROL SPRAYING The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the Recreation Committee recommends the spraying of the town of Wappinger Recreation Areas for the control of ticks; and WHEREAS, the Recreation Committee has received bids for tick control spraying at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area; and WHEREAS, Ralph J. Holt, Chairman of the Town of Wappinger Recreation Committee, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, 15 09/09/2002.WS 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Contract for tick control spraying in September 2002 at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area is hereby awarded to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, New York, 12590, for the price of Four Thousand, Four Hundred and Ninety Five Dollars ($4,495.00), from Recreation Account No. A-7110.4, in accordance with the award recommendation letter dated August 22, 2002 from Ralph J. Holt, Chairman of Town of Wappinger Recreation Committee, to Supervisor Joseph Ruggiero. 3. The Contract for tick control spraying in late September 2002 at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area is hereby awarded to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, New York, 12590, for the price of Four Thousand, Four Hundred and Ninety Five Dollars ($4,495.00), from Recreation Account No. A-7110.4, in accordance with the award recommendation letter dated August 22, 2002 from Ralph J. Holt, Chairman of Town of Wappinger Recreation Committee, to Supervisor Joseph Ruggiero. 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 This Resolution is hereby duly declared adopted. At this time, 9:47 p.m., Councilman Valdati moved to go into Executive Session to discuss personnel, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 11:12 p.m. with all board members in attendance. COUNCILMAN VALDATI moved to set up a meeting with Peter Cherneff Attorney for Cranberry for Thursday September 12th at 7:00 p.m. Seconded by Councilman Bettina There was no other business to come before the board. COUNCILMAN VALDATI moved to close the meeting, seconded by Councilman Colsey and unanimously carried.. 16 09/09/2002.WS The meeting adjourned at 11:15 p.m. By Florence Hannon Deputy Town Clerk 17 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filin (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. F: rrtrltt� of WAPPINGER Town Local Law No. #13 of the year 20 02 A local law (Insert Title) entitled "Local Law # of 2002, Amending the Zoning Law of the Town of Wappin eg r rejZarding Density Units and Net Lot Area for Multi -family districts" Be it enacted by the TOWN BOARD of the (Nance of Legislative Body) F�tttN-v Fifa of WAPPINGER as follows: Town L4 if ht;'e TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW # 13 OF THE YEAR 2002 A Local Law entitled "Local Law #_L3 of 2002, Amending the Zoning Law of the Town of Wappinger regarding Density Units and Net Lot Area for Multi -family Districts." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # 13 of 2002, Amending the Zoning Law of the Town of Wappinger regarding Density Units and Net Lot Area for Multi -family districts". Section 2: Legislative Intent The intent of the proposed Local Law is to delete the definition of the term "Density Unit" and replace its use with "Dwelling Unit" and to define the term "Net Lot Area" and require calculation of the number of permitted dwelling units, floor area and lot coverage based upon the "Net Lot Area," that portion of the subject property that is without severe environmental constraints of wetlands, floodplain and steep slopes in excess of 25%. Section 3: § 240-5. Definitions, of the Zoning Law shall be revised to delete the definition of Density Unit and to add the definition of Net Lot Area as follows: NET LOT AREA The gross area of a property minus one -hundred percent of the area of wetlands', lands within the 100 -year floodplain, and areas of steep slopes in excess of 25% when measured over a distance of fifty feet. Section 4. § 240-18.F Building Lots, of the Zoning Law shall be amended as follows: F. Existing undersized lots. A lot, the area or dimensions of which are less than that required for the district in which it lies, may be deemed to qualify for the issuance of a building permit, provided that all the following requirements are met (see also § 240-38B': Section 5. § 240-19.C(1) of the Zoning Law shall be amended as follows: (e) The open space development provisions of this chapter do not result in there being any more dwelling units than would have been allowed under a conventional subdivision. 2 of 7 Section 6. § 240-38. Multifamily Residential District, of the Zoning Law shall be amended as follows: In an RMF District, all multifamily uses shall be subject to site plan approval in accordance with Article IX of this chapter and the following special requirements: A. Net lot area. In the RMF districts, the calculation of the maximum permitted number of dwelling units, floor area ratio (FAR), and lot coverage shall be based upon net lot area. B. Existing undersized lots. Section 240-18F, Existing undersized lots, does not apply to Multifamily Residence Districts. C. Water and sewerage facilities. (1) Where, in -the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction. (2) Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies. (3) Where future service by off-site water and/or sewage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site system at such time as they are constructed. D. Open space and recreation area. At least 50° o of the gross area of the site shall be preserved as permanent open space, free of buildings and parking areas and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board. Within such common open space areas, a total of not less than 300 square feet per dwelling unit shall be improved with common recreational facilities, such as swimming pools, tennis, basketball, volleyball and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit. 3 of 7 E. Required parking. Parking spaces shall be provided in number and design according to the provisions of Article X of this chapter. Section 7. § 240-39 of the Zoning Law, Planned Unit Development District, shall be amended as follows: D. Density or intensity of land use. The appropriate density or intensity of land use to be permitted in each Planned Unit Development District and in any section thereof shall be determined in each individual case by the Town Board and specified on the approved General Land Use and Development Plan for the PUD as set forth in § 240-39H. Such determination of land use intensity and of density shall be based upon the recommendation of the Town Planning Board as provided in § 240-39H(3) and upon a thorough documentation of the nature and potential site and community impact of the proposed development as required to be submitted by the applicant in accordance with the provisions of § 240-39H(l ). It is further intended that the permitted maximum intensity of nonresidential uses not exceed that which could be permitted in the corresponding conventional zoning use districts and that the maximum gross residential density for the residential or residentially related portion of any planned unit development not exceed that which could be permitted in an R-20 District. H. (1) (a) [7] A numerical analysis of the development proposal including the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of these units according to size and type, the total amount of floor area to be devoted to each type of nonresidential use, the approximate extent of building and paved area coverage in each section, and an analysis of the development proposal in relation to the maximum permitted number of dwelling units as set forth in § 240-39D, Density or intensity of land use. Section 8. § 240-50.D of the Zoning Law, Designed Residential Development, shall be amended as follows: D. Development standards and controls. All improvements within designed residential developments shall be required to comply with the following specified standards and controls in lieu of those comparable requirements for other residential developments which are specified elsewhere in this chapter and in the Land Subdivision Regulations: 4 of 7 (1) Dwelling Unit Type and Density. (a) Density formula. The maximum permitted number of dwelling units in a designed residential development shall be determined by dividing the total land area by the normally required minimum lot size for the zoning district in which it is located and subtracting 20%. (b) Number of bedrooms. The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site plans in accordance with Article IX of this chapter. (c) Dwelling unit mix. For the purpose of assuring that designed residential developments will broaden the range of available housing types within the town, not more than 25% of the permitted dwelling units within any such development shall be composed of detached one -family dwellings. Section 9. § 240-50.E(1)(a)[5] of the Zoning Law, Designed Residential Development, shall be amended as follows: E. (1) (a) [5] A numerical analysis of the development proposal including the total gross acreage and the approximate acreage to be occupied by each type of permitted use, the total number of dwelling units proposed for inclusion within the development and the proposed breakdown of these units according to size and type. The analysis shall include the total floor area devoted to each type of nonresidential use and the extent of paved area and building coverage. Section 10. § 240-50 E.(3) of the Zoning Law, Designed Residential Development, shall be amended as follows: E. (3) Amendments. The Town Board, after public hearing with the same notice and referrals as required for the original public hearing and approval, may consider and act upon an application to amend the design concept shown on the General Land Use and Development Plan for a previously approved designed residential development or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no public hearing shall be required where a proposed change or enlargement does not result in any significant modification to the design concept shown on the approved General Land Use and Development Plan or where less than a five -percent increase in the number of initially approved dwelling units is 5 of 7 Section 11. Regulations schedule: Section 12. involved, provided that all density and other requirements of this chapter are complied with and such modification does not affect the findings of the Town Board with respect to the Town and State Environmental Quality Review Laws. The Town of Wappinger Zoning Law, Schedule of Dimensional — Residential Districts, shall be amended as shown in the attached (See attached schedule) Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 13: 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 petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local I.aw or part hereof is held inapplicable had been specifically exempt there from. Section 14: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary o: State as provided by the Municipal Home Rule Law. j:\docs'\-i00\wappingerizone arnendments\density_net lot. locallaw.dkw.doc hof% IM Schedule of Dimensional Regulations — Residential Districts Town of Wappinger NOTE: '-Il:e purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. 'ncc following lot widths and yard requirements are required: Minimum Lot Arca A9ininnrm Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard scprare feet) (feet) feet feet feet feet _ -----?L0,000 200 200 50 40 50 60.000 150 150 50 30 12-80 R40/80' IZ40 12-20/40' R-20 R-15 R-10 R -21F RNIF-3 RNIF-5 I�District Minimum lot area (square feet, unless 80,000 45 40,000 100 20,000 15,000 10,000 15,000 noted) With public water and sewer -- 40,000 -- 20,000 -- -- -- -- 5 acres 5 acres With public water or sewer 60,000 30,000 15 acres 10 acres Without public water and sewer -- 80,000 -- 40,000 -- -- -- -- 15 acres 10 acres Minimum lot width (feet) 200 See Note 1 125 See Note I 100 85 60 85 100 100 Minimum lot depth (feet) 200 See Note 1 125 1 See Note I 125 100 80 100 150 150 Minimum lot frontage (feet) 50 50 50 50 50 50 50 50 50 50 t Maximum dwelling units per acre of net -- -- -- -- -- -- -- 3 5 lot area Minimum front yard (feet) from: County/state highway 75 75 75 75 75 75 75 75 75 75 Center line of other street 75 75 75 75 60 60 50 60 75 75 Front lot line orother street 50 50 50 50 35 35 25 35 50 50 1 inimum side yard (feet) 40 40 25 25 20 15 12 15 50 25 Accessory building <15 feet high a 10 10 10 10 10 5 5 5 10 10 vid <200 square feet Mininwm rear yard (feet) 50 50 50 50 40 30 25 30 50 50 Accessory buiiding <15 feet high 10 10 10 10 10 5 5 5 10 10 and <200 square feet Maximum "Building i leight" 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 3/35 3/35 (stories/feet) Maximum lot coverage (percent) 10% 10% 1 1240 12% 15% 20'%, 2545, 2045, 30"/,2 45%2 Mt aximUm floor area ratio 0.1 0.1 1 0.12 0.12 0.15 0.2 0.25 0.3 0.3' 0.452 NOTE: '-Il:e purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. 'ncc following lot widths and yard requirements are required: Minimum Lot Arca A9ininnrm Lot Width Minimum Lot Depth Minimum Front Yard Minimum Side Yard Minimum Rear Yard scprare feet) (feet) feet feet feet feet _ -----?L0,000 200 200 50 40 50 60.000 150 150 50 30 50 1_ 40,000 125 125 50 25 50 IF30,000 115 125 40 20 45 20 000 100 125 35 20 40 'Based on Net Lot Area. ..... ..... u—.aa.vA. ... ..... upu cnat applies to the tiling of tnis local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local lav annexed hereto, designated as local law No. __.113___________________________ of ?Q_02 of the - v Town of ------ Wa pz )( )P9 ��----------•------- was duly passed by the ......... T4wm.. B0J.v, ........................ on Se>?. 2002 in accordance with the applicable provisions of law, (Same c/Legislarrve Bodv) 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)(Village) of ____________________________________ _ ___ of _0______ • - - ----------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 -__ , and was (approved)(not approved)(repassed after (,Name of Legatlative Bodv) disapproval) by the -------------------------------------------------- and was deemed duly adopted on 20 ----------------- IE!ec:ive Chief Executive O/fiees•) , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20______ Of the (Countv)(Citv)(Town)(Village) of ________________ �______________ _ __ _ was duly passed by the 20---- , and was (approved)(not approved)(repassed after (.Fame of LegiJlarive Boav) disapproval) by the_________________________________________________ (Eiecuve ChiefEreeurive Officers) on------------------- 20____', 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)(annua1) election held on __________________ 2Q___ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local lav annexed hereto, designated as local lav No. ___________________________________ of 20------ of the (County)(Citv)(Town)(Village) of ________________ _______________ _ __ _ ____ __ _ ______ ________ was duly passed by the vl I - -- '- '. - ve -------------- approved 20____ , and was (approved)(not assed after �Vome v/LeglJ(Jn BoJ)(rep disapproval) by the___________________________________________________0 ___ , Such local lav was subject to on ------------------ iEie,:n'e Ch/e(F. reurtvr O/freer•) permissive referendum and no valid petition requesting such referendum was filed as of__________________ 20-___ , in accordance with the applicable provisions of law. • Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative bodv, the mayor of a city village, or the supervisor of a town where such officer is vested with the power to approve or veto local Ias or ordinances. (2) 1.uu Lc/ 11111b l.11arter L-Olu11 pruposea by petition.) I hereby certifv that the local law annexed hereto, designated as local lav No. ----------------------------------- of of the City of ........................................... having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a 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 the County of ---------------------------------------------- of _0------ atthe General Election of November _____________________ State of New York, having been submitted to the electors -0---- , 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 ------ 1_____, above. (Seal) Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body FLORENCE HANNON, DEPUTY TOWN CLERK Date: X,4 -1z, /A. , 2002 (Certification to be executed by County Attorney) Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE c OF NEW YORK COUTM OF --- nT"rTwc:S 1, 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. ture AT -BERT P. ROBERTS — A tnrney to Towq Title fitft of Wappinlwr Town — i// Date: L� X20 2____ (3) 09/09/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 9 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the Submission of Application for 2003 Community Development Block Grant to Partially Subsidize Connection of Wappinger Park Water District to Central Wappinger Water Improvement Area, Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman (arrived at 7:45 p.m.) Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Gloria J. Morse, Town Clerk The Deputy Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). SUPERVISOR RUGGIERO wished to know if there were any comments or questions from the audience. Engineer to the Town Jay Paggi explained that in the past we have applied for Community Development Block Grants and we have always applied for projects that were associated with handicap accessible. He explained that in order to qualify for projects other than handicap accessible projects, some area of the municipality must have at least 38.9% of low to moderate income residency. Then there are certain municipalities or any little sub area that does not fall into that category of 38.9% and that includes the Town of Wappinger. The Town of Wappinger has 15.1%. That being the case we can only apply for projects for the Community Development Block Grants that fit another category which is the handicap accessible, unless we can prove that a specific area, the two projects that we are applying for tonight, the Wappinger Park and Tall Trees Subdivision area fall in that income threshold. In order to do that an application must be submitted and a current survey of the properties need to be taken. The results of the survey must show that those group of homes falls into this category. That is why we have only applied for handicap accessible projects over the last few years. Discussion followed. 1 09/09/2002.YH COUNCILMAN VALDATI moved to authorize Mr. Paggi to apply for the Grant and undertake an income survey to residents in this area to substantiate its eligibility. Seconded by Councilman Paoloni Motion Unanimously Carried There were no more comments or questions. COUNCILMAN Bettina moved to close the Public Hearing, seconded by Councilman Valdati and unanimously carried. The Public hearing closed at 7:32 p.m. By Florence Hannon Deputy Town Clerk X TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE SUBMISSION OF APPLICATION FOR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT TO PARTIALLY SUBSIDIZE CONNECTION OF WAPPINGER PARK WATER DISTRICT TO CENTRAL WAPPINGER WATER IMPROVEMENT AREA STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 22, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed submission of an application for 2003 Community Development Block Grant to Partially Subsidize Connection of Wappinger Park Water District to Central Wappinger Water Improvement Area, on the signboard 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. I l GLORIA J. MORSE Town Clerk Town of Wappinger Sworn to21- ore me the %3 Y-1/da of ,2002 �8-Nt„•►r • �L�/�tiL.�-ems %/io/G � i SOI JTHERN DI)TCHF...SS NEWS BEACON FREE PRESS 84 FAST MAIN STREET WAPPINGERS, FAI....1....S ; NY 1.2590 A f _F 1 <A a 1,,.r' -1 t- C), -F F> LJ- B, 1 1 C-_ t_ 1. C7 T—) To. WAPPT NOERS FAI...L. S , TOWN P.O. BOX 324 WAPPINGERS FAI....I....S , NY 1..2590 not..i.ce #54091. State of NEW YORK } } SS: Col -f nt y of DI)TCHESS } I; TINA HEATH; being duly sworn, depose and sa.y: t.ha.t. T am the BOOKKEEPER of Southern Dut.chess News, a weekly newspaper of general circulat-ion Published in WAPPINGERS FALA._S, County of DlJTCHESS, St.a.t.e. of NEW YORK: and that a. not.ice, of which the annexed .is a. Printed copy, was duly Published in Southern DI_I.t.chess News once on 08/28/02. Salorn to before me. this 28th day of August, 2002 ALBERT fl� OS �tAr� EN' / Pt.I.d.l Ic, NOTARY 1`13i; lC, S;iJE OF NEW YORK Q.IALIFIC; la 0111CNESS COUNTY ;114-8240760 CU1,IMISSION EXPMES JUN 01003 NOTICE OF PUBLIC HEARING TOWN SOF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of theTown of Wappinger will conduct a PUBLIC HEARING on the 9th day of September, 2002, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, NewrYair, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a Resolution authorizing the submis- sion of an application for a 2003 Com- munity Development Block Grant (CDBG) for a grant in the amount of $150,000, which, H approved, will partially subsidize, the costs of con- structing a water supply pipe connec- tion from the Central Wappinger Wa- ter Improvement Area to the Wappinger Park Water District. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the submission of an application for a 2003 Community Development Block Grant is a Type 11 action pursu- ant to N.Y.C.R.R.617.5 and accord- ingly, the Town Board hereby ex- pressly determines that this action is not an action that requires the review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. PLEASE TAKE FURTHER NOTICE that copies of the proposed applica- tion for the 2003 Community Devel- opment Block Grant (CDBG) are available for review and inspection at the Office of the Town Clerk on week-, days from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Fells, New York Dated: August 21, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK �o Pou eepsie 3ournal J oti Poughkeepsie, N.Y. G�• ��o Q,� AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie 0290 NOTICE OF PUBLIC HEAR ING TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEAR- ING on the 9th day of September, 2002, at 7:30 P.M. at the Town Hall, Town of Wappinger, 20 Middle - bush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a Resolution authorizing _ the submission of an application for a 2003 Community Development Block Grant (CDBG) for a grant in the amount of $150,000 which, if ap- proved, will partially subsi- dize the costs of construc- ting a water supply pipe connection from the Central Wappinger Water Improve- ment Area to the Wappinger Park Water District. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the submission of an appli- cation for a 2003 Communi- ty Development Block Grant is a Type II action pursuant to 6 N.Y.C.R.R. 617.5 and accordingly, the Town Board hereby expressly de- termine that this action is not, an action that requires the review pursuant to the provi- sions of New York State Environmental Quality Re- view Act (SEQRA) or pursu- ant to Local Law No. 6 of 1992. PLEASE TAKE FURTHER NOTICE that copies of the proposed application for the 2003 Community Develop- ment Block Grant (CDBG) are available for review and inspection at the Office of the Town Clerk on week- days from 8:30 A.M. to 4:00 P.M., at the Town Hall, 20 Middlebush Road, Wappin- gers Falls, New York. Dated: August 21, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPIN- GER GLORIA J. MORSE, TOWN CLERK 3285 Rita Lombardi , 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 for ne '\MeM sk&ssively, in each week, commencing on the 24th day of 2002_ and on the following dates thereafter, namely on: And ending on the day of ,both days inclusive. Subscribed and sworn to before me this day of , 200 Ztay Public My commission expires �M S 09/09/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 9 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the Submission of Application for 2003 Community Development Block Grant to Partially Subsidize Connection of Wappinger Park Water District to Central Wappinger Water Improvement Area. Supervisor Ruggiero opened the meeting at 7:32 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman (arrived at 7:45 p.m.) Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Gloria J. Morse, Town Clerk The Deputy Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Engineer to the Town Jay Paggi explained that in the past we have applied for Community Development Block Grants and we have always applied for projects that were associated with handicap accessible. He explained that in order to qualify for projects other than handicap accessible projects, some area of the municipality must have at least 38.9% of low to moderate income residency. Then there are certain municipalities or any little sub area that does not fall into that category of 38.9% and that includes the Town of Wappinger. The Town of Wappinger has 15.1%. That being the case we can only apply for projects for the Community Development Block Grants that fit another category which is the handicap accessible, unless we can prove that a specific area, the two projects that we are applying for tonight, the Wappinger Park and Tall Trees Subdivision area fall in that income threshold. In order to do that an application must be submitted and a current survey of the properties need to be taken. The results of the survey must show that those group of homes falls into this category. That is why we have only applied for handicap accessible projects over the last few years. COUNCILMAN VALDATI moved to authorize Mr. Paggi to apply for the Grant and undertake an income survey to residents in this area to substantiate its eligibility. Seconded by Councilman Paoloni 1 09/09/2002.PH Motion Unanimously Carried There were no more comments or questions. COUNCILMAN Bettina moved to close the Public Hearing, seconded by Councilman Valdati and unanimously carried. The Public hearing closed at 7:33 p.m. By Florence Hannon Deputy Town Clerk X TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON THE SUBMISSION OF APPLICATION FOR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT TO PARTIALLY SUBSIDIZE CONNECTION OF THE TALL TREES WATER DISTRICT & MONTCLAIR TOWNHOUSE CONDOMINIUMS TO THE POUGHKEEPSIES' JOINT WATER PROJECT STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 22, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed submission of an application for 2003 Community Development Block Grant to Partially Subsidize Connection of the Tall Trees Water District & Montclair Townhouse Condominiums to the Poughkeepsies' Joint Water Project on the signboard 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. -Ullwlf (�� XL44$41-v .-I ex.!' �- 7 GLORIA J. MORSE Town Clerk Town of Wappinger Sworn to before me the I day of —>,Lri, 2002 4 404, r SCRITHERN D(lr(-HF. S NF14S E?F"AC=pN FREE PRESS 84 EAST- MATIN `TREET 1A1APPI.TN(;FR.`=S FAI..INY 1. 2,59 A f -F .L .1 � %_0 51 t- c7:p -F F> k-, 1 i C_- � t- i c? lrtl T C) I &I N P., C)„ f,C); ;1, Int; 1-'F'`I:f`1(, 11 . AL..J....` , NY 1. ,"F, C1(i NF:W YC7Ris r (" F 1 : c; l i i -I i� y n `F t'; l _1 T (: f-11- _., , , Jy TTNA HF"ATH , he i ng t- -il y an(: t:hAf T - f h P, R 0 0 K K F P_ f t.lthe.rn ()l1,t.i. h a; Ne(.nl a (Al t?t-? k Y 1Ii ,I.nl of gr jlt 7":9 .1. ri..r-c:fi7r;ti...,T;r-I otlh.l.,_hecl in IA1APPTNGER. FAI....I.. ; (;ni.inty o!;t .ate t�l.)T( }�F: h; `,.a.t-.e of NEW YORK; a.nA t: h a rl _(-.,e of whi (-h t.he= a.nrle.xe.cl i..� ^.,. pr i nt-.e,-d r.ony, ; was ri1.i.1.. y pu..h 1. i.she?d .t n $ot.it her n News nnr:(� cm 08/28/02 i,)orrl to before rilp t h1..p 28th hi day of August, 2002 ALBERT M. OSTEN i NOTARY PUBLIC, STf4E OF NEW YORK QUALIFIER IN IrrIi,SS COUNTY fr 14-8240760 GUMMISSILIN LxFiFALS JUN 5 2003 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of theTown of Wappinger will conduct a PUBLIC HEARING on the 9th day of September, 2002, at 7:30 P.M. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, NewYork, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a Resolution authorizing the submis- sion of an application for a 2003 Com- munity Development Block Grant (CDBG) for a grant in the amount of $150,000, which, if approved, will partially subsidize the costs of con- structing a water supply pipe conneo• tion from Poughkeepsie's Joint Wa- ter Project said point of connection being located on the north side of Wappinger Creek to a point of inter- connection located in the Tall Trees Water District. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the submission of an application I a 2003 Community Development Block Grant Is a Type II action pursu- ant to 6 N.Y.C.R.R.617.5 and accord- ingly, the Town Board hereby ex- pressly determines that this action is not an action that requires the review pursuant to the provisions of New York State Environmental Quality Review Act (SEORA) or pursuant to Local Law No. 6 of 1992. . PLEASE TAKE FURTHER NOTICE that copies of the proposed applica- tion for the 2003 Community Devel- opment Block Grant (CDBG) are available for review and inspection at the Office of the Town Clerk on week- days from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: August 21, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER 'GLORIA J. MORSE, TOWN CLERK Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEAR- ING TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEAR- ING on the 9th day of September, 2002, at 7:30 P.M. at the Town Hall, Town of Wappinger, 20 Middle - bush Road, Wappinqers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board. of the Town of Wappinger shall adopt a Resolution authorizing the submission of an application for a 2003 Community Development Block Grant (CDBG) for a grant in the amount of $150,000 which, if ap- proved, will partially subsi- dize the costs of construc. ting a water supply pipe connection from Pough- keepsies' Joint Water Pro- ject said point of connection being located on the north side of Wappinger Creek to a point of interconnection located in the Tall Trees Water District. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the submission of an appli- cation for a 2003 Communi- ty Development Block Grant is a Type II action pursuant to 6 N.Y.C.R.R. 617.5 and accordingly, the Town Board hereby expressly de- termine that this action is not an action that requires the review pursuant to the provi- sions of New York State Environmental `Quality, Re- view Act (SEORA) or pursu- ant to Local Law No. 6 of 1992. PLEASE TAKE FURTHER NOTICE that copies of the proposed application for the 2003 Community Develop- ment Block Grant (CDBG) are available for review and inspection at the Office of the Town Clerk on week- days from 8:30 A.M. to 4:00 P.M., at the Town Hall, 20 Middlebush Road, Wappin- gers Falls, New York. Dated: August 21, 2002 BY ORDER OF THE.BOARD OF THE TOWN OF WAPPIN- GER, 0290 GLORIA J. MORSE, TOWN CLERK 3284 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , 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 forone 40&�&&ssively, in each week, commencing on the Aug. 2002_ and thereafter, namely on: day of on the following dates And ending on the day of zz�/l r 71 2002 ,both N days inclusive. Q ?,2� Subscribed wornto be e me thi day of '21002 Notary Public My commission expires s Monday, September 912002 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to the Flag Public Hearing: Public Hearing to Authorize the Submissionprogram/ othe Fiscal gerPik 3 Dutchess County Community Development Block Gran Public Hearing to Authorize the Submission of the Trees l Year 2003 Dutchess County Community Development Block Gran g Suspension of Rules for Public Comment on Agenda Items Discussions/Presentations: Cablevision -Roger Connor Empire Zone -Ann Conroy Traffic Calming -Mike Gallente Beautification Applesauce Pond -Jay Paggi Historic Photos -Janice Hilderbrand Conservation Advisory Council Road Salt Redistricting Resolutions: 2002-222 Adopt Local Law Amending Zoning Law of the Town of Wappinger Regarding Density Units and Net Lot Area for Multi Family Districts 2002-247 Silvestri Contract 2002-249 Resolution Awarding Greystone Project to Fraser Associates 2002-251 Authorize Engineering Contract for Joint Landfill 2002-252 Authorize Agreement between TOW Highway and Dutchess County for Winter Weather Services 2002-255 Resolution Appointing Fire Prevention Bureau 2002-256 Authorize Mid Hudson Islamic Association Escrow Return 2002-257 Authorize Supervisor to Sign Wappinger Little League Contract 2002-258 Award Bid for Oakwood Knolls Water District to Connect to Central and Northern Wappinger Water Dist ict 2002-259 Authorize Deputy Building Inspector to Attend Conference 2002-260 Authorize the Submission eFGrant Program/ Wappinger Park County Community Development Block 2002-261 Authorize the Submission of the Fiscal Year 2003 Dutchess County Community Development Block Grant Program/Tall Trees 2002-263 Resolution to Appoint Town of Wappinger Ethics Board 2002-264 Authorize 8 Carmel Heights Sewer Tenancy 2002-265 Authorize Tick Spraying for Recreational Facilities New Business/Comments Adjournment