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2007-12-10 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting December 10`1', 2007 7:30 PM – Agenda – SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on December 10"', 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order H. Public Hearings 1. Local Law No. _ of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property in the Wappinger Farm Estates Subdivision II1. Public Portion 1V. Discussion A. Briar Lane Property Donation B. Master Plait – David Stolman V. Resolutions 2007-251. Resolution Adopting Local Law No. —of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property in the Wappinger Farm Estates Subdivision 2007-252. Resolution Rescinding that Portion of the Authorization to Issue Four Million Dollars ($4,000,000.00) Serial Bonds for the Reconstruction of Buildings at Carnwath Farms Unissued as of the Date Hereof 2007-254. Introductory Resolution rescission of Local Law Authorizing Conservation Subdivision for Lands Owned by Cranberry Hills, LLC 2007-255. Resolution Authorizing the Exploration of a Proposed Dog Park at Castle Point Park 2007-256. Resolution Authorizing the Submission of a Grant Application to the Department of State for the Shared Municipal Services Incentive Grant Program for 2007-2008 2007-257. Resolution Authorizing the Supervisor to Sign a Contract with CAMO Pollution Control 2007-258. Resolution Accepting Donation of Briar Lane Property VI. Unanimous Consent 2007-259. Resolution Authorizing Shared Services Grant Application with the Village of Wappingers Falls VII. Executive Session A. MJW Consulting VIII. New Business IX. Adjournment Town of Wappinger 20 Middlebush Road Title Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us Minutes — Chris Masterson William Beale 845-297-5771 Monday, December 10th, 2007 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to Order at 7:37 PM. Attendee Name Organization Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Jay Paggi Town of Wappinger Town Engineer Present David Stolman Town of Wappinger Town Planner Present Public Hearings Local Law No. _ of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property in the Wappinger Farm Estates Subdivision Supervisor Ruggiero opened the Public Hearing at 7:38 PM. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Town Attorney Al Roberts gave a summary of the application to re -zone a portion of property on the southeast side of Robinson Lane, which is currently zoned 840180. A portion of the property is also located across the street on Robinson Lane, which is zoned R40. The proposal is to change the entire site to R40. In consideration of that rezoning, the applicant will donate approximately 20 acres to the Town, of which 10 acres can be used for Recreation. The Attorney for the applicant, John Adams, and David Stolman, Town Planner, were present for the Public Hearing. Mr. Roberts noted that all surrounding properties in that area are zoned R40 already. Supervisor Ruggiero opened the floor to comments fi-om the public. Concetta Olivieri, a resident of Old Hopewell Road, inquired why the "Town would accept all 20 acres when only 10 can be used. Mr. Roberts addressed her concerns and explained that the additional portion of land could be used for passive recreation and gives the town control right up to the Creek. Discussion followed. With no additional comments, Councilman Bettina made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing closed at 7:44 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page I Printed 12/14/2007 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE LOCAL LAW TITLED "LOCAL LAW NO. _ OF THE YEAR 2007: AMENDMENT TO THE TOWN'S ZONING MAP REGARDING A PORTION OF THE PROPERTY IN THE WAPPINGERS FARM ESTATES SUBDIVISION" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on November 151h, 2007, your deponent posted a copy of the attached Notice of Public Hearing on the Local Law Titled, "Local Law No. _ of the Year 2007, Amendment to the Town's Zoning Map Regarding a Portion of the Property of the Wappinger Farms Subdivision", on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. John C. Masterson Town Clerk Town of Wappinger mmm Sworn to before me the 15th day of November, 2007 NOTARY PUBLIC DENISE MACIO `446168116 No: State of New York Qudlineo in Dutchess County, Commission Expires 6 / 4 / 202—/ Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF ;, NO 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 he/she was and still is the Principle Clerk'of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaperprinted and published every day in the year 2007 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was dul published in the said newspaper forone insertweeks successively, in each week, commencing on the 28th day of Nov. in the year of 2007 and on the following dates thereafter, namely on: and ending on the day of in the year of 2007,both days inclusive. Subscribed a d sworn to before me this �/� ° � in the year of 2007 Notary Public evoy commission expires 0 snHTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MATN STREET WAPPTNGFPS FALLS, NY 12S9O � -F f 7' i <--] � --,/ ir— -F F> k-1 t--> J- I � 4Eai 1-- -1 mc> 11-1 To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #7q649 State of NEW YORK County of DUTCHESS 1, PHYLLIS JHTT, being duly sworn, depose and say: that I am the PUBLISHER of Southerri Putchass News, a weekly newspaper of general circulation published in WAPPINGERS FALLS,, County of DUTCHESS, State of NEW YORK, and that a notice, of which the annexed is -a printed cop`.' duly puhlishad in Southern Dufrhass News once on 11128107. j Sworn to before me this 28th day of November, 2007 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240?60 Qualified in nUTCHESS County My commission expires on May 16, 201 ,1, RECEIVED DEC - 5 2007 TOWN CLERK Regular Meeting Minutes December 10, 2007 III. Public Portion Supervisor Ruggiero opened the floor to public comments on the agenda items at 7:44 PM. Councilman Bettina asked to add the Cranberry topic and the Carnwath Bond topic to the Executive Session. Concetta Olivieri, a resident of Old Hopewell Road, addressed the Town Board about the Briar Lane property and the Resolution regarding Carnwath. She asked about pollution testing that was supposed to be done for the acceptance of the Briar Lane property. Supervisor Ruggiero replied that the Board would be discussing that under the discussion portion of the Meeting. Mrs. Olivieri inquired whether she would be able to make comments at that point. Mrs. Olivieri also commented about the issues at Carnwath Farms. She pointed out that Toll Brothers can build a brand new building for approximately $900,000. She recommended that the Town consider having Toll Brothers do the same at Camwath. Supervisor Ruggiero thanked the resident for her comments and closed the Public Portion of the Meeting at 7:48 PM. IV. Discussion A. Briar Lane Property Donation Supervisor Ruggiero opened the discussion at 7:48 PM. Jay Paggi, Town Engineer, addressed the Board regarding the Briar Lane property donation. This donation was discussed at the last Town Board Meeting and a recommendation was made to have Conrad Geoscience conduct a study and draft a report. Mr. Paggi summarized points contained within the report. A portion of the report mentions that "the subject property would propose little or no risk to the town ... the only exception would arise should the Town be contemplating developing the site for an on-site water supply system for drinking or for irrigation". Councilwoman McCarthy asked how many acres the Town would be gaining. Jay Paggi stated that the Town would be gaining two parcels, totaling about 30 acres. Councilman Beale asked for the parcel numbers. Mr. Paggi noted that the parcel numbers end in #376680 and #425568. Supervisor Ruggiero asked the Board if this is something they would like to consider. Councilman Beale asked what the deadline was on this. Al Roberts, Town Attorney, replied that the offer must be consummated before December 31st. Councilman Beale asked if there were any objections. He sees no problem with this as long as there were no environmental problems. Mr. Paggi said that the Phase One Study identified the Fairchild site as an "upgradiant closed EPA site". A further report from Conrad Geoscience states that the persons responsible for the contaminations are known and documented by the DEC. Additionally, the report indicates that they see no reasons why the town can't accept title of this property. The parcels represent little or no risk to the Town. The only exception would be if the Town was to drill a large production well and remove water at a large rate, which could potentially draw water towards it underground. Councilman Paoloni asked that is be noted for future reference in case the Town ever considered developing the land. Attorney Al Roberts recommended a declaration of restrictions or to re -file a map, with a note, in the Dutchess County Clerks office. The discussion was closed at 7:57 PM. V. Resolutions RESOLUTION: 2007-251 Resolution Adopting Local Law No._ of 2007 Re: Amendment to the Town's Zoning Map Regarding a Portion of the Property in the Wappinger Farm Estates Subdivision WHEREAS, the Town Board of the Town of Wappinger is entertaining the amendment of the Town's Zoning Map regarding a portion of the property in the Wappinger Fann Estates subdivision (the "Proposed Action"); and ... WHEREAS, the Planning Board of the Town of Wappinger has recommended in favor of granting the proposed rezoning; and WHEREAS, the Town of Wappinger Planning Board, as Lead Agency, has issued a Negative Declaration regarding the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions). NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. To of Wappinger Page 2 Printed 12/14/2007 Regular Meeting Minutes December 10, 2007 2. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. of 2007; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter is to remain in full force and effect. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-251 ❑ Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 ❑ ❑ ____ ❑ 0 Tabled Vincent Bettina Voter Tabled ❑ Withdrawn ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Next: Dec 26th 2007 7:30 PM Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 10th, 2007 The Resolution is hereby tabled. RESOLUTION: 2007-255 Resolution Authorizing the Exploration of a Proposed Dog Park at Castle Point Park WHEREAS, the Town Board of the Town of Wappinger has determined that there may be a need for a Dog Park within the Town; and WHEREAS, the Town Board believes that utilizing a portion of Castle Point Park may be appropriate for such purpose; and WHEREAS, the Town Board believes that the exploration of this matter would be the next logical step to accomplish (the "Proposed Action"); and WHEREAS, the Town Board has determined that the exploration of the use of a portion of Castle Point Park for a Dog Park is a Type II action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law); and •••t WHEREAS, Type II actions have been determined by the State to not have a significant adverse impact on the environment or are otherwise precluded from environmental review under SEQRA NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby resolves to explore the use of a portion of Castle Point Park as a Dog Park, and to analyze same in terms of such matters as overall feasibility, size and shape of the area to be fenced for the Dog Park, location of said fenced in area, cost of said fencing, etc. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-255 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Initiator ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 10th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-256 Resolution Authorizing the Submission of a Grant Application to the Department of State for the Shared Municipal Services Incentive Grant Program for 2007-2008 WHEREAS, the New York State Department of State is currently soliciting applications for grant monies to cover the costs associated with shared service agreements, know as the Town of Wappinger Page 3 Printed 12/14/2007 Regular Meeting Minutes December 10, 2007 Shared Municipal Services Incentive Grant Program (SMSI), and WHEREAS, the Town of Fishkill and the Town of Wappinger wish to enter into a cooperative agreement for the shared purchase and use of highway equipment, and WHEREAS, the Town of Fishkill and the Town of Wappinger wish to apply for the SMSI Grant for the purpose assisting the towns to undertake the aforesaid cooperative agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1) The Town Board of the Town of Wappinger authorizes the Supervisor to sign a grant application for the "Cooperative Agreement between the Towns of Fishkill and Wappinger for the shared purchase and use of highway equipment" to the Shared Municipal Services Grant program for the 2007-2008 Program Year. This project will consist of the purchase of one Ash Paver, one trailer for paver, two International 10 wheeled dump trucks, two paver attachments for dump - the international dump truck, to be shared by the Towns of Fishkill and Wappinger upon terms and conditions in a proposed cooperative agreement. 2) The total cost for the purchase of the equipment will not exceed $431,000. 3) The maximum amount of money being applied for through the SMSI Grant Program is $387,900. 4) The Towns of Fishkill and Wappinger will each be responsible for a 10 percent local match of $21,550. 5) The Town of Fishkill is a co -applicant of the grant application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-256 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator Z ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder Rl ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ID ❑ ❑ ❑ Joseph Paoloni Seconder R1 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 10th, 2007 The Resolution is hereby duly declared adopted. RESOLUTION: 2007-257 Resolution Authorizing the Supervisor to Sign a Contract with CAMO Pollution Control WHEREAS, CAMO Pollution Control is a corporation with special expertise in the area of management, supervision, operation and maintenance of Water and Wastewater treatment facilities and systems, and WHEREAS, the Town of Wappinger has determined it is in the best interest of the Town and its residents to obtain professional services to manage, supervise, operate and maintain its existing water and wastewater treatment facilities, distribution and collection systems, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Supervisor Joseph Ruggiero to sign a contract with CAMO Pollution Control to perform professional services. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-257 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder Rl ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 10"i, 2007 The Resolution is hereby duly declared adopted. Town of Wappinger Page 4 Printed /2/14/2007 Regular Meeting Minutes December 10, 2007 al RESOLUTION: 2007-258 Resolution Accepting Donation of Briar Lane Property WHEREAS, Klein and Alexander owns property on Briar Lane and wishes to make a donation to the Town of Wappinger, and WHEREAS, a Phase 1 Environmental Site Assessment has been completed and submitted to the Town Board, and WHEREAS, said property on Briar Lane would be an asset to the Town of Wappinger. NOW, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby accepts the donation for the property on Briar Lane from Klein and Alexander. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-258 ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December I 01 2007 The Resolution is hereby duly declared adopted. Unanimous Consent Motion To: add Resolution 2007-259 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2007-259 Resolution Authorizing Shared Services Grant Application with the Village of Wappingers Falls WHEREAS, the Village of Wappingers Falls is applying to the New York State Department of State for a grant under the 2007 Shared Municipal Services Annual Grant Program for a project entitled "The Wappingers Falls/Wappinger Shared Court Facilities Feasibility Study", and WHEREAS, this study would study the feasibility of sharing a court facility between the Town of Wappinger and the Village of Wappingers Falls, and WHEREAS, this study would be performed by an independent consultant, for a price of no more than $60,000. The Village is applying for a grant not to exceed $54,000 and would be funding the $6,000 difference from tax revenue from both the Village of Wappingers Falls and the Town of Wappinger, and WHEREAS, it is understood that the Village of Wappingers Falls and the Town of Wappinger would enter into an Intermunicipal Agreement until such time as there is an agreed upon plan to share a court facility based on the feasibility. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby designate Matt Alexander, Mayor of the Village of Wappingers Falls, as the lead applicant contact to submit an application to the Shared Municipal Services Incentive Grant Program. He is hereby authorized to execute all financial and or administrative processes relating to the grant program. Torn of Wappinger Page 5 Printed 12/14/2007 Regular Meeting Minutes December 10, 2007 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-259 Yes/Aye No/Nay Abstain Absent D Adopted Joseph Ruggiero Voter 0 ❑ ❑ El Adopted as Amended William Beale Initiator 0 ElEl❑ ❑ Defeated Vincent Bettina seconder El ❑ ❑ ❑ El Tabled El Withdrawn Maureen McCarthy Voter D 11 El Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 10th, 2007 The Resolution is hereby duly declared adopted. VI. Executive Session Motion To: go into Executive Session at 8:07 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni 1. MJW Consulting 2. Carnwath Bond Rescission Motion To: come out of Executive Session at 9:51 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni VII. Resolutions RESOLUTION: 2007-252 Resolution Rescinding that Portion of the Authorization to Issue Four Million Dollars ($4,000,000.00) Serial Bonds for the Reconstruction of Buildings at Carnwath Farms Unissued as of the Date Hereof WHEREAS, by Resolution adopted on January 27, 2007, the Town Board authorized the issuance of Four Million Dollars ($4,000,000.00) Serial Bonds of the Town to pay the cost of the reconstruction of buildings at Carnwath Farms, in and for said Town, including original furnishings, equipment, machinery, apparatus, appurtenances, and other incidental improvements, expenses and emergency work in connection therewith, and determined that the period of probable usefulness thereof was to be limited to five years; and WHEREAS, the Town has borrowed $1,125,000.00 against said authorization in furtherance of certain repairs; and WHEREAS, the Town Board has determined that the reconstruction of the buildings at Carnwath Farms is no longer feasible; and WHEREAS, the Town no longer desires to borrow any further funds against said Bonds authorization pending voter approval; and WHEREAS, the Town Board wishes to partially rescind the authorization provided in the Resolution Authorizing the Issuance of Four Million Dollars ($4,000,000.00) Serial Bonds originally authorized to pay for the reconstruction of the buildings at Camwath Farms to the extent that any portion is unissued thereunder as of the date hereof. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby rescinds the authorization provided in the Resolution adopted by the Town Board on January 27, 2007, Authorizing the Issuance of Four Million Dollars ($4,000,000.00) Serial Bonds of the Town of Wappinger to pay the cost of the Town of Wappinger Page 6 Printed 12/14/2007 Regular Meeting Minutes December 10, 2007 reconstruction of the buildings at Carnwath Farms to the extent of the portion unissued as of the date hereof being $1,125,000.00. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-252 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ R1 ❑ ❑ ❑ Defeated William Beale Seconder D ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator D ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ Rl ❑ ❑ Next: Dec 261", 2007 7:30 PM Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 10th, 2007 The Resolution is hereby tabled. RESOLUTION: 2007-254 Introductory Resolution Rescission of Local Law Authorizing Conservation Subdivision for Lands Owned by Cranberry Hills, LLC WHEREAS, by Local Law # 14 of the Year 2002 and pursuant to Town Code § 240-19.B., the Town Board authorized a Conservation (Cluster) Subdivision for lands owned by Cranberry Hills, LLC (hereinafter "Cranberry") for a 322.67 acre parcel of land located on Widmer Road in the Town of Wappinger (hereinafter "Property"); and WHEREAS, the Property previously consisted of a 550 lot subdivision; and WHEREAS, the Local Law authorized a Conservation (Cluster) Subdivision that would consist of 232 building lots ranging in size from .24 acres through 8.35 acres in area; and WHEREAS, by Resolution of the Planning Board dated December 12t1i, 2006, the Planning Board granted Final Conditional Subdivision Approval for the 232 lot Conservation Subdivision for the Property; and WHEREAS, the Resolution of Final Conditional Subdivision Approval was adopted by the Planning Board on December 12th 2006; and WHEREAS, the Town Board has determined that the Conservation (Cluster) r Subdivision as pennitted by Local Law # 14 of the year 2002 is no longer consistent with the long range land use plans of the Town; and WHEREAS, if the owner does not fulfill the conditions of the Final Conditional Subdivision Approval dated December 12th, 2006, prior to its expiration, the Town Board is no longer desirous of permitting a Conservation (Cluster) Subdivision for this Property. NOW, THEREFORE, be it resolved as follows: 1. The Town Board hereby incorporates the above recitations as if fully set forth at length herein. 2. The Town Board hereby introduces for consideration of adoption, proposed Local Law # of the Year 2007, rescinding Local Law # 14 of the Year 2002, which authorized the Planning Board to permit the 232 lot Conservation Subdivision for lands owned by Cranberry Hills, LLC. 3. The Town Board has reviewed the intended action and hereby determines that the enactment of the aforementioned Local Law is an Unlisted Action pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) and pursuant to Chapter 117 of the Code of the Town of Wappinger, and hereby reserves its right to make a determination of significance until after the conclusion of the Public Hearing as hereinafter provided. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the26 day of December, 2007, at 7:30 P.M., and that the Town Clerk is hereby directed to post and publish the Notice of the Public Hearing in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing, in the form annexed hereto. 5. The Town Board further directs the Town Clerk to act as follows with respect to the proposed Local Law: a. to serve a copy of this Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the municipal clerk of each abutting municipality not less than ten days prior to said Public Hearing; b. to serve a copy of this Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law; Torn of Wappinger Page 7 Printed 12/14/2007 Regular Meeting Minutes December 10, 2007 and C. distribute a copy of this Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the Town of Wappinger Planning Board for its recommendation prior to said Public Hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-254 Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 10t", 2007 The Resolution is hereby duly declared adopted. Vlll. Discussions A. Master Plan - David Stolman Due to the fact that the Meeting ran longer than expected, the Master Plan discussion will be placed on another Town Board Meeting agenda. The Board agreed that this discussion could take place on Monday, December 17th, at 7:00 PM. IX. Adjournment Motion To: adjourn at 10:10 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 10:10 PM. go— ��L J n C. a erson Town Clerk Town of Wappinger Page 8 Printed /2/14/2007