meeting - philipstown, new york · 2019-04-26 · 1. does the proposed action only involve the...

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Town Board Meeting May 2, 2019 7:15 p.m. Town Hall 7:15 pm PUBLIC HEARING - LOCAL LAW #2 2019 Establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for Vape Shopswithin the Town of Philipstown 7:30 pm PUBLIC HEARING - STORM WATER MANAGEMENT ANNUAL REPORT MONTHLY TOWN BOARD MEETING Salute to the Flag REVIEW OF MINUTES Monthly Town Board Meeting of April 4, 2019 Weekly Town Board Meeting of April 10, 2019 COMMITTEE REPORTS 1) Conservation Board 2) Recreation 3) Philipstown Communities that Care 4) Planning Board 5) Zoning 6) Highway 7) Building & Land 8) Cemetery Committee 9) Butterfield Library AGENDA 1. Resolution appointing Krystal Ford as member of the Conservation Board for a term expiring March 3, 2020. 2. Resolution appointing Anthony Deos as an alternate member of the Conservation Board for a term expiring March 3, 2020. 3. Resolution adopting Local Law #2 of 2019 establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for Vape Shopswithin the Town of Philipstown. (Roll Call Vote) Negative Declaration Adoption of Local Law #2-2019 4. Resolution accepting the Stormwater Annual Report for the Town of Philipstown for 2019. 5. Resolution authorizing the release of escrow funds for Jaymark Jewelers. 1

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Page 1: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Town Board Meeting May 2, 2019

7:15 p.m. Town Hall

7:15 pm PUBLIC HEARING - LOCAL LAW #2 2019 Establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for “Vape Shops” within the Town of Philipstown

7:30 pm PUBLIC HEARING - STORM WATER MANAGEMENT ANNUAL REPORT

MONTHLY TOWN BOARD MEETING

Salute to the Flag

REVIEW OF MINUTES

• Monthly Town Board Meeting of April 4, 2019• Weekly Town Board Meeting of April 10, 2019

COMMITTEE REPORTS1) Conservation Board 2) Recreation 3) Philipstown Communities that Care 4) Planning Board 5) Zoning 6) Highway 7) Building & Land 8) Cemetery Committee 9) Butterfield Library

AGENDA1. Resolution appointing Krystal Ford as member of the Conservation Board for a term

expiring March 3, 2020.

2. Resolution appointing Anthony Deos as an alternate member of the Conservation Board for a term expiring March 3, 2020.

3. Resolution adopting Local Law #2 of 2019 establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for “Vape Shops” within the Town of Philipstown. (Roll Call Vote)

• Negative Declaration• Adoption of Local Law #2-2019

4. Resolution accepting the Stormwater Annual Report for the Town of Philipstown for 2019.

5. Resolution authorizing the release of escrow funds for Jaymark Jewelers.

1

Page 2: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

6. Resolution authorizing the Highway Department to auction off old equipment with Auctions International.

7. Resolution authorizing Supervisor Shea to sign the “Hold Harmless (Indemnity) Agreement between Tim Miller Associates, Inc. and the Town of Philipstown.

8. Code Enforcement Monthly Reports

9. Schedule Workshops/Meetings.

10. Any other business that may come before the Town Board.

VACANIES

Recreation (1)

APPROVAL OF VOUCHERSGeneral Highway CVPD CVWD

ADJOURNMENT

2

Page 3: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Philipstown will conduct a Public Hearing on May 2, 2109 at the Town Hall, 238 Main Street, Cold Spring, New York at 7:15 p.m. o'clock in the evening of that day upon the enactment of a Local Law establishing a six (6) month moratorium on the submission and processing of applications for Lane Use Approvals for “Vape Shops” within the Town of Philipstown.

A copy of the proposed Local Law is on file in the Town Clerk’s office where it may be examined during regular business hours. All persons interested will be heard at the time, date and place specified above.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF PHILIPSTOWN

Tina M. MerandoTown Clerk

DATED: April 17, 2019Cold Spring, New York

Page 4: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

NOTICE OF PUBLIC HEARING

TOPIC:Find out more about Storm Water Management in your town and how it affects everyone in the Town.

DATE OF MEETINGMay 2, 2019

PLACE & TIMETown Hall238 Main StreetCold Spring, NY 10516

7:30 p.m.

QUESTIONS AND ANSWERSPlease come prepared to this important meeting with your questions and comments.

If you need information on the Storm Water Management Program, you may review the draft annual report prepared for the Town. A copy of this report is available at the Town Clerk’s Office, Highway Department and the Town’s Website @ www.philipstown.com.

For additional information, you may also contract your Town Storm Water Management Coordinator:

Max GarfinkleNatural Resource Officer845-490-1453

T/ua /puhthtArma

Page 5: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Weekly Town Board MeetingApril 10, 2019

The Town Board held their Weekly Meeting on the above date at 7:30 p.m. at the Town Hall, 238 Main Street, Cold Spring, New York 10516.

PRESENT

Richard Shea John Van Tassel Michael Leonard Robert Flaherty Judith Farrell

AGENDA

SupervisorCouncilmanCouncilmanCouncilmanCouncilwoman

1. Resolution authorizing Supervisor Shea to enter into the Agreement with SunPower by New York Solar Farm to do an installation of a solar system at the Recreation Department and enter their government financing program, at the terms and rates set forth in the proposal from SunPower by New York Solar Farm.

RESOLUTION #-2019The following Resolution was presented by Councilman Flaherty, seconded by Councilman Van Tassel and unanimously carried;

RESOLVED, that the Town Board authorizes Supervisor Shea to enter into the Agreement with SunPower by New York Solar Farm to do an installation of a solar system at the Recreation Department and enter their government financing program, at the terms and rates set forth in the proposal from SunPower by New York Solar Farm.

The vote on the foregoing resolution was as follows:

Councilman Van Tassel Councilman Leonard Councilman Flaherty Councilwoman Farrell Supervisor Shea

voting, AYE voting, AYE voting, AYE voting, AYE voting, AYE

Respectfully submitted by,

Theresa Crawley Deputy Town Clerk

Page 6: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

RESOLUTION #-2019WHEREAS, heretofore the Town Board has introduced Local Law No. 2 of the year 2019 entitled: A Local Law to establishing a six (6) month moratorium on the submission and processing of application for Land Use Approvals for “Vape Shops” within the Town of Philipstown; and

WHEREAS, this is an action subject to SEQRA; and

WHEREAS, the Town Board is the sole Involved Agency, and such has caused to be prepared a Short Environmental Assessment Form: and

WHEREAS, the Town Board has conducted a Public Hearing on the proposed Local Law and heard all persons interested in the subject matter of the same;

NOW, THEREFORE, BE IT RESOLVED as follows: That after considering all of the information presented to it including the short EAF, the Town Board determines that the adoption of the Local Law #2 of the year 2019 will not result in any significant adverse environmental impacts and does hereby adopt the Negative Declaration attached hereto.

Councilman presented the foregoing resolution, which was seconded by Councilwoman

The vote on the foregoing resolution was as follows:

ROLL CALL VOTE

Supervisor SheaCouncilman Van TasselCouncilman LeonardCouncilman FlahertyCouncilwoman Farrell

The resolution was thereupon declared duly adopted.

Page 7: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Short Environmental Assessment FormPart 1 - Project Information

Instructions for Completing

Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information.

Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item.

Part 1 - Project and Sponsor Information

Name of Action or Project:

The Adoption of a Local Law to Extend The Town of Philipstown Vape Shop Moratorium Law of 2018Project Location (describe, and attach a location map):

Town of Philipstown, County of PutnamBrief Description of Proposed Action:

The Town Board proposes to adopt a local law to extend the Town of Philipstown Vape shop Moratorium Law of 2018

Name of Applicant or Sponsor:

Town Board, Town of Philipstown

Telephone: 845-265-5200

F-Mail- [email protected]:

238 Main Street, Post Office Box 155City/PO:

Cold SpringState: Zip Code:

New York 109161. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,

administrative rule, or regulation?If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2.

NO YES

□ /

2. Does the proposed action require a permit, approval or funding from any other government Agency?If Yes, list agency(s) name and permit or approval:

NO YES□ □

3. a. Total acreage of the site of the proposed action? acresb. Total acreage to be physically disturbed? acresc. Total acreage (project site and any contiguous properties) owned

or controlled by the applicant or project sponsor? acres

4. Check all land uses that occur on, are adjoining or near the proposed action:

5. □ Urban O Rural (non-agriculture) EH Industrial 1 1 Commercial 1 1 Residential (suburban)

□ Forest 1 1 Agriculture | | Aquatic 1 1 Other(Specify):

EH Parkland

Page 1 of 3 SEAF 2019

Page 8: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

5. Is the proposed action,

a. A permitted use under the zoning regulations?

b. Consistent with the adopted comprehensive plan?

NO YES N/A

□ n □

□ □ □

6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES

□ □

7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?

IfYes, identify:

NO YES

E □

8. a. Will the proposed action result in a substantial increase in traffic above present levels?

b. Are public transportation services available at or near the site of the proposed action?

c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action?

NO YES

□ □

□ □

□ □

9. Does the proposed action meet or exceed the state energy code requirements?

If the proposed action will exceed requirements, describe design features and technologies:NO YES

□ □

10. Will the proposed action connect to an existing public/private water supply?

If No, describe method for providing potable water:

NO YES

□ □

11. Will the proposed action connect to existing wastewater utilities?

If No, describe method for providing wastewater treatment:

NO YES

□ □

12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by theCommissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on theState Register of Historic Places?

b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?

NO YES

□ □

□ □

13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency?

b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?

IfYes, identify the wetland or waterbody and extent of alterations in square feet or acres:

NO YES□ □

□ □

Page 2 of 3

Page 9: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:

□ Shoreline 1 1 Forest 1 1 Agricultural/grasslands 1 1 Early mid-successional

□ Wetland 1 1 Urban 1 1 Suburban

15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered?

NO YES

□ □

16. Is the project site located in the 100-year flood plan? NO YES

□ □

17. Will the proposed action create storm water discharge, either from point or non-point sources?IfYes,

a. Will storm water discharges flow to adjacent properties?

b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? IfYes, briefly describe:

NO YES□ □

□ □

□ □

018. Does the proposed action include construction or other activities that would result in the impoundment of water

or other liquids (e.g., retention pond, waste lagoon, dam)?IfYes, explain the purpose and size of the impoundment:

NO YES

□ □

4-9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility?

IfYes, describe:

NO YES

□ □

20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste?IfYes, describe:

NO YES

□ □

I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OFMY KNOWLEDGE

Applicant/sponsor/name: Richard Shea Date:

Signature: Title: Supervisor• • • • ♦

PRINT FORM Page 3 of 3

Page 10: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Short Environmental Assessment FormPart 2 - Impact Assessment

Agency Use Only [If applicable!

Project:

Date:

Part 2 is to be completed by the Lead Agency.Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?”

No, or small impact mayoccur

Moderate to large impact

mayoccur

1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? / □

2. Will the proposed action result in a change in the use or intensity of use of land? / □

3. Will the proposed action impair the character or quality of the existing community? / □

4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? / □

5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? / □

6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? / □

7. Will the proposed action impact existing:a. public / private water supplies?

b. public / private wastewater treatment utilities?

/ □

/ □

8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? / □

9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? / □

10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? / □

11. Will the proposed action create a hazard to environmental resources or human health? / □

SEAF 2019PRINT FORM Page 1 of2

Page 11: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Agency Use Only [If applicable] Project:

Date:

Short Environmental Assessment FormPart 3 Determination of Significance

For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short­term, long-term and cumulative impacts.

j Check this box if you have determined, based on the information and analysis above, and any supporting documentation, '—' that the proposed action may result in one or more potentially large or significant adverse impacts and an

environmental impact statement is required.I I Check this box if you have determined, based on the information and analysis above, and any supporting documentation, 1—1 that the proposed action will not result in any significant adverse environmental impacts.

Name of Lead Agency Date

Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer

Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)

PRINT FORM Page 2 of2

Page 12: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Short Environmental Assessment FormPart 2 - Impact Assessment

Agency Use Only (If applicable!

Project:

Date:

Part 2 is to be completed by the Lead Agency.Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?”

No, or small impact mayoccur

Moderate to large impact

mayoccur

1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 0 □

2. Will the proposed action result in a change in the use or intensity of use of land? 0 □

3. Will the proposed action impair the character or quality of the existing community? 0 □

4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 0 □

5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? / □

6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 0 □

7. Will the proposed action impact existing:a. public / private water supplies?

b. public / private wastewater treatment utilities?

0 □

0 □

8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? / □

9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? / □

10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? / □

11. Will the proposed action create a hazard to environmental resources or human health? / □

SEAF 2019PRINT FORM Page 1 of2

Page 13: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Agency Use Only [If applicable] Project:

Date:

Short Environmental Assessment FormPart 3 Determination of Significance

For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identity the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short­term, long-term and cumulative impacts.

I | Check this box if you have determined, based on the information and analysis above, and any supporting documentation, '—• that the proposed action may result in one or more potentially large or significant adverse impacts and an

environmental impact statement is required.I I Check this box if you have determined, based on the information and analysis above, and any supporting documentation, 1—' that the proposed action will not result in any significant adverse environmental impacts.

Name of Lead Agency Date

Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer

Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)

PRINT FORM Page 2 of2

Page 14: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

NARRATIVE DESCRIPTION OF INTENT OF PROPOSED ACTION

The purpose of this Local Law is to enable the Town to extend an existing moratorium on the submission and processing of any applications for Land Use Approvals for Vape Shops within the Town for an additional period of six (6) months. This six (6) month extension will enable the Town to further consider the concerns of the residents and property owners of the Town, address the needs of those residents and property owners, study the potential impacts of processing of applications for Land Use Approvals for Vape Shops within the Town.

Page 15: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

RESOLUTION #-2019

The following Resolution was presented by Councilwoman, seconded by Councilman;

WHEREAS, heretofore the Town Board has considered the adoption of Local Law No. 2 of the year 2019 entitled: A Local Law establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for “Vape Shops” Within the Town of Philipstown; and

WHEREAS, following due notice the Town Board held a public hearing on the proposed local law on May 2, 2019;

NOW, THEREFORE, BE IT RESOLVED as follows: That the Town Board does hereby adopt Local Law No. 2 of the year 2019 entitled: A Local Law establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for “Vape Shops” Within the Town of Philipstown; which said local law shall be effective upon publication, posting and filing in the office of the Secretary of State in Albany.

The vote on the foregoing resolution was as follows:

ROLL CALL VOTE

Supervisor Shea

Councilman Van Tassel

Councilman Leonard

Councilman Flaherty

The resolution was thereupon declared duly adopted.

Page 16: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

New York State Department of StateDivision of Corporations. State Records and Uniform Commercial Code

One Commerce Plaza, 99 Washington AvenueAlbany, NY 12231-0001

www.dos.ny.govLocal Law Filing

(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.

□County □City [x]Town □Village(Select one.)

of Philipstown

Local Law No. _________________________ of the year 2C f 9

A local i’w establishing a six (6) month moratorium on the submission and processing (Insert Title) ~

of applications for Land Use Approvals for "Vape Shops" within the Town of

Philipstown.

Be it enacted by the Town Board_______________________________________________ of the(Name of Legislative Body)

□County OCfty 0Town □ Village(Select one:)

of Philipstown______________________________________________________________as follows:

(If additional space is needed, attach pages the same size as this sheet, and number each.)

DOS-0239-1-I (Rev. 04/14) Page 2 of 4

Page 17: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Town of Philipstown, County of Putnam, State of New York

Proposed Law No. ____ of the year 2018

A Local Law establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for "Vape Shops" within the Town of Philipstown.

Be it enacted for a period of six (6) months by the Town of Philipstown as follows:

Section 1. Intent and Authority

This Local Law is adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York and Article 16 of the Town Law of the State of New York, with the procedural provisions of the Municipal Home Rule Law controlling.

Section 2. Short Title

This Local Law shall be known as: "The Town of Philipstown Vape Shop Moratorium Law of 2018."

Section 3. Definitions

"Code" means the Town of Philipstown Code.

"Town" means the Town of Philipstown.

"Town Board" means the Town Board of the Town of Philipstown.

"Town Clerk" means the Town Clerk of the Town of Philipstown.

"Land Use Approvals" means special use permit, site plan approvals and building permits.

"Vape Shops" means retail stores selling electronic cigarettes and other vaporizing products and accessories whether or not such products contain nicotine.

Section 4. Legislative Purpose

A. The purpose of this Local Law is to enable the Town to prevent the submission and processing of any applications for Land Use Approvals for Vape Shops within the Town pending the Town Board’s review and consideration of proposed amendments to the Town Coder regarding placement and operation of the same.

B. It is further the purpose of this Local Law to fulfill the Town’s constitutional, statutory, and legal obligations to protect and preserve the public health, welfare, and safety of the citizens of the Town, as well as to protect the value, use and enjoyment of property in the Town by temporarily prohibiting the submission and processing of applications for Land Use

Page 18: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Approvals for Vape Shops within the Town pending consideration of the said amendments to the Town Code.

C. The Town Board finds that the following concerns must be considered with respect to the present land use regulations of the Town and the possible adoption of regulations with respect thereto:

1. The widespread sale and use of vaporizing products has increased significantly in the region.

2. The Town Board desires to protect the aesthetic and scenic resources as well as real estate values within the Town by considering the appropriate zoning and other regulation of Vape Shop uses under the Town Code.

D. That the submission and processing of applications for Land Use Approvals for Vape Shops within the Town without first addressing the above factors may have a permanent, significant, and substantial negative impact on the nature and quality of life in the Town and on the health, safety, general welfare, and comfort of its residents.

E. That to preserve the resources and character of the Town, to consider further the concerns of the residents and property owners of the Town, and to address further the needs of those residents and property owners, the Town finds that it requires time to study the impacts, effects, and regulation of the development of Vape Shops within the Town.

F. The Town Board hereby finds that a moratorium of six (6) months duration, coupled with a hardship waiver procedure and mechanism for persons seeking Land Use Approvals for Vape Shops within the Town, will achieve the balancing of interests between the public need to safeguard the resources and character of the Town, the health, safety and general welfare of its residents, and the rights of individual property owners, persons, or businesses engaging in various development activities during such period.

Section 5. Imposition of Moratorium

A. For a period of six (6) months from and after the effective date of this Local Law, except as provided in Section "6" below: (i) no new applications for Land Use Approvals for Vape Shops shall be accepted or processed by the Town; and (ii) no previously submitted applications for Land Use Approvals for Vape Shops will be further processed by the Town.

Section 6, Alleviation of Extraordinary Hardship

A. The Town Board may authorize exceptions to the moratorium imposed by this Local Law when it finds, based upon evidence presented to it, that deferral of action on an application for a Land Use Approval for a Vape Shop would impose an extraordinary hardship on a landowner or applicant.

Page 19: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

B. An application for an exception based upon extraordinary hardship shall be filed with the Town Clerk, including a fee of five hundred and 00/100 Dollars ($500.00) for each tax map parcel claimed to be subject to extraordinary hardship, by the landowner or the applicant, upon the consent of the landowner. The application shall provide a recitation of the specific facts that are alleged to support the claim of extraordinary hardship and shall contain such other information and/or documentation as the Town Board or its designee, shall prescribe as necessary for the Town Board to be fully informed with respect to the application.

C. A public hearing on any application for an exception to this Local Law based upon extraordinary hardship shall be held by the Town Board at a meeting of the Town Board no later than forty-five (45) days after the complete application for extraordinary hardship has been filed with the Town Clerk. The Town Board shall determine, by motion duly adopted, when an application based upon extraordinary hardship is complete.

D. In reviewing an application for an exception based upon a claim of extraordinary hardship, the Town Board shall consider the following criteria:

1. The extent to which the proposed development activity would cause significant environmental degradation, adversely impact existing development in the area, be detrimental to public health, comfort or safety concerns and/or have a negative impact upon the Town.

2. Whether the moratorium will expose a property owner or applicant to substantial monetary liability to a third person or would leave the property owner or applicant completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property.

3. The extent to which actions of the applicant were undertaken in good faith belief that the proposed development would not lead to significant environmental degradation, adversely impact existing development in the area, have an adverse impact on public health or safety, and/or have a negative impact upon the Town of Philipstown.

E. Mere delay or concern that regulations may be adopted prohibiting establishment of a Vape Shop use is insufficient to constitute an extraordinary hardship under this section.

F. At the conclusion of the public hearing and after reviewing the evidence and testimony placed before it, the Town Board shall, in its sole discretion, act upon the application for an exception based upon extraordinary hardship. The Town Board may approve, deny or approve in part and deny in part the application being acted upon.

Section 7. Validity

In the event that any section, sentence, clause or phrase of this Local Law is held to be invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way affect the validity of the remaining portions of this Local Law.

Section 8. Effective Date

Page 20: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

This Local Law shall become effective upon being duly adopted by the Town Board, provided that it shall subsequently be filed with the Secretary of State of the State of New York.

Page 21: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

TINA M. MERANDOTOWN CLERK AND TAX COLLECTOR

February 8, 2019

Town of Philipstown238 Main St. P.O. Box 155 Cold Spring, NY 10516

RICHARD SHEA, SUPERVISOR (845) 265-3329

JOHN VAN TASSEL, COUNCILMAN MICHAEL LEONARD, COUNCILMAN ROBERT FLAHERTY, COUNCILMAN JUDITH FARRELL, COUNCILWOMAN

Ms. Barbara BarosaPlanning 1Putnam County Planning Department841 Fair StreetCarmel, New York 10512

RE: A Local Law establishing a six (6) month moratorium on the submission and processing of applications for Land Use Approvals for “Vape Shops” within the Town of Philipstown.

Dear Ms. Barosa:

As required by General Municipal Law, enclosed please find the following:

• A Local Law establishing a six (6) month moratorium on thesubmission and processing of applications for Land Use Approvals for “Vape Shops” within the Town of Philipstown.

I will notify you when a Public Hearing has been scheduled.

Sincerely,

7

Tina M. Merando Town Clerk

Enel.

cc: file

Page 22: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Putnam CountyDepartment of Planning, Development,

and Public Transportationwww.putnamcountyny. com

Sandra M. Fusco 2 Route 164, Suite 1Commissioner Patterson, NY 12563

Phone: (845) 878-3480 Fax: (845) 808-1948

SECTION 239 CASE REFERRAL

Case Received: 2-13-19 Report Required: 3-13-19 Completed: .2(11(15

Application Name:

TOWN: Carmel: j |

Kent: 1 I

Patterson: □

Local Law - “Vape Shop” Moratorium Law 18-PC-10

Cold Spring: □

Nelsonville: I I

Referral #:

Philipstown: | x | VILLAGE: Brewster: a

Putnam Valley: □

Southeast: □

Referred by: PB: | | ZBA: | | Town Board: | x | Historic District Review Board: | |

Location of Project: Town of Philipstown

Present Zone: Tax Map #:

Type of action: Variance: □ Zoning Ordinance: a Master Plan: □

Subdivision: a Special Use Permit: a Subdivision Regulations: □

Site Plan: □ Rezoning: □ Certificate of Appropriateness: □

Zoning Amendment/Interpretation: | x |

DECISION BY COUNTY:

Approved as Submitted: x Modification: Disapproved:

Basis for Decision Other than Approval:

Reviewed by(Signature)

Barbara Barosa, Senior Planner(Title)

rc l-18/-word

Page 23: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

RESOLUTION #-2019The following Resolution was presented by Councilman, seconded by Councilwoman, and unanimously carried:

WHEREAS, the Town of Philipstown has been identified as a Municipal Separate Storm Sewer System (MS4) under the EPA’s Phase II Stormwater Regulations under the Clean Water Act of 1999; and

WHEREAS, the Phase II Program requires each MS4 to prepare an Annual Report, on the efforts the Town of Philipstown to protect and improve the water quality of our streams and waterbodies; and

WHEREAS, the public is invited to review the Annual Report and provide input; and

WHEREAS, Annual Report has been prepared in conformance with the Phase II Regulations by the Stormwater Management Officer of the Town of Philipstown; and

WHEREAS, that Annual Report must be submitted to the New York State Department of Environmental Conservation offices in Albany, New York by June 1, 2019 or as amended;

NOW, THEREFORE, BE IT RESOLVED, that the Annual Report is accepted by the Town of Philipstown Town Board and that said Annual Report is available for public review at http://www.philipttown.com, the Highway Department and the Philipstown Town Hall.

Page 24: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

MS4 Annual Report Cover PageMCC form for period ending March 9,

This cover page must be completed by the report preparer. Joint reports require only one cover page.

2 0 1 9

SPDES IDN Y R 2 0 A 4 7 0

Choose one:

$ This report is being submitted on behalf of an individual MS4.Fill in SPDES ID in upper right hand comer.Name of MS4T o w n o f P h i 1 i P s t o w n

OR

O This report is being submitted on behalf of a Single Entity(Per Part II.E of GP-O-10-002) Name of Single Entity

OR

This is a joint report being submitted on behalf of a coalition.Provide SPDES ID of each permitted MS4 included in this report. Use page 2 if needed. Name of Coalition

SPDES ID SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

SPDES IDN Y R 2 0 A

l_ Cover Page 1 of 2

Page 25: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

MS4 Annual Report Cover PageMCC form for period ending March 9, 2 0 1 9

Provide SPDES ID of each permitted MS4 included in this report.

SPDES ID SPDES ID SPDES ID

L Cover Page 2 of 2

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Page 26: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 3855151783 "1MS4 Municipal Compliance Certification(MCC) Form

MCC form for period ending March 9, 2 0 1 9

Name ofMS4 Town of Philipstown

SPDES IDN Y R 2 0 A 4 7 0

Each MS4 must submit an MCC form.

Section 1 - MCC Identification Page

Indicate whether this MCC form is being submitted to certify endorsement or acceptance of:

• An Annual Report for a single MS4

O A Single Entity (Per Part II.E of GP-O-10-002)

O A Joint Report

Joint reports may be submitted by permittees with legally binding agreements.

L MCC Page 1

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Page 27: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

5690581587 “1MS4 Municipal Compliance Certification(MCC) Form

Name of MS4

MCC form for period ending March 9,1 2

Town of Philipstown

2 0 1 9

SPDES IDN Y R 2 0 A 4 7 0

Section 2 - Contact InformationImportant Instructions - Please Read

Contact information must be provided for each of the following positions as indicated below:1. Principal Executive Officer, Chief Elected Official or other qualified individual (per

GP-0-08-002 Part VI.J).2. Duly Authorized Representative (Information for this contact must only be submitted if a Duly

Authorized Representative is signing this form)3. The Local Stormwater Public Contact (required per GP-0-08-002 Part VII.A.2.C & Part VIII. A.2.c).4. The Stormwater Management Program (SWMP) Coordinator (Individual responsible for

coordination/implementation of SWMP).5. Report Preparer (Consultants may provide company name in the space provided).

A separate sheet must be submitted for each position listed above unless more than one position is filled by the same individual. If one individual fills multiple roles, provide the contact information once and check all positions that apply to that individual.

If a new Duly Authorized Representative is signing this report, their contact information must be provided and a signature authorization form, signed by the Principal Executive Officer or Chief Elected Official must be attached.

For each contact, select all that apply:

• Principal Executive Officer/Chief Elected Official

O Duly Authorized Representative

O Local Stormwater Public Contact

O Stormwater Management Program (SWMP) Coordinator

O Report Preparer

First Name MI Last Name

S h e aR l h dTitleT o w n S u P e r V i s o r

Address2 3 8 M a i n S t r e e t

State ZipN

CityC o 1 d S P r i n g Y 1 0 5 1 6

eMailr s h e a P h i 1 i P s t o w n c o m

Phone County

( 8 4 5 ) 2 6 5 - 5 2 0 0 P u t n a m

MCC Page 2 J

Page 28: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 4643023765 “IMS4 Municipal Compliance Certification (MCC) Form

MCC form for period ending March 9, 2 0 1 9

Name of MS4 Town of Philipstown

SPDES ID

N Y R 2 0 A 4 7 0

Section 3 - Partner InformationDid your MS4 work with partners/coalition to complete some or all permit requirements during this reporting period? O Yes • No

IfYes, complete information below.Submit a separate sheet for each partner. Information provided in other formats will not be accepted. If your MS4 cooperated with a coalition, submit one sheet with the name of the coalition. It is not necessary to include a separate sheet for each MS4 in the coalition.

If No, proceed to Section 4 - Certification Statement.

Partner/CoalitionName

What tasks/responsibilities are shared with this partner (e.g. MM1 School Programs or Multiple Tasks)?

O MM1

O MM2

O MM3

OMM4

O MM5

O MM6

Additional tasks/responsibilities

O Watershed Improvement Strategy Best Management Practices required for MS4s in impairedwatersheds included in GP-0-08-002 Part IX.

MCC Page 3 J

Page 29: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

3165331518 “IMS4 Municipal Compliance Certification(MCC) Form

MCC form for period ending March 9. 2 0 1 9

Name of MS4 Town of Philipstown

SPDES IDN Y R 2 0 A 4 7 0

Section 4 - Certification Statement

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

This form must be signed by either a principal executive officer or ranking elected official, or duly authorized representative of that person as described in GP-0-08-002 Part VI. J.

First Name______________ MI Last NameR i c h a r d S h e a

Title (Clearly print title of individual signing report)T o w n S u P e r V i s o r

Send completed form and any attachments to the DEC Central Office at:

MS4 Permit Coordinator Division of Water 4th Floor 625 BroadwayAlbany, New York 12233-3505

L MCC Page 4

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Page 30: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

1100364151 ~lMS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 9If submitting this fonn as part of a joint report on behalf of a coalition leave SPDES D blank.

SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

Water Quality Trends

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition __ _____

How many MS4s are contributed to this report?

1. Has this MS4/Coalition produced any reports documenting water quality trends related to stormwater? If not, answer No and proceed to Minimum Control Measure One. O Yes • No

IfYes, choose one of the following

O Report(s) attached to the annual report

O Web Page(s) where report(s) is/are provided belowPlease provide specific address of page where report(s) can be accessed - not home page.

URL

L Water Quality Trends Page 1 of 1

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Page 31: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

Minimum Control Measure 1. Public Education and Outreach

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition

How many MS4s contributed to this report?

1. Targeted Public Education and Outreach Best Management Practices

Check all topics that were included in Education and Outreach during this reporting period:

• Construction Sites

® General Stormwater Management Information

• Household Hazardous Waste Disposal

• Illicit Discharge Detection and Elimination

® Infrastructure Maintenance

• Smart Growth

• Storm Drain Marking

• Green Infrastructure/Better Site Design/Low Impact

O Other:

• Pesticide and Fertilizer Application

• Pet Waste Management

• Recycling

® Riparian Corridor Protection/Restoration

• Trash Management

O Vehicle Washing

• Water Conservation

Development • Wetland Protection

O None

Other2. Specific audiences targeted during this reporting period:

• Public Employees • Contractors

• Residential • Developers

O Businesses

O Restaurants

• Other:

• General Public

O Industries

O Agricultural

P 1 a n n i n g c o n s e r V a t i o n r T o w n B o a r d sOther

MCM 1 Page 1 of 4

Page 32: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 7870299956 "1

Name of MS4/Coalition Town of Philipstown

MS4 Annual Report Form

SPDES IDR

, 2 0 1 9ES D blank.

2 0 A 4N

3. What strategies did your MS4/Coalition use to achieve education and outreach goals during this reporting period? Check all that apply:

O Construction Site Operators Trained

O Direct Mailings

• Kiosks or Other Displays

O List-Serves

O Mailing List

O Newspaper Ads or Articles

® Public Events/Presentations

O School Program

• TV Spot/Program

• Printed Materials:Locations (e.g. libraries, town offices, kiosks)

T o w n H a 1 lB u i 1 d i n g D e P a r t m e n t

O Other:

# Trained

# Mailings

# Locations

# In List

# In List

# Days Run

# Attendees

# Attendees

# Days Run

Total # Distributed

2

1

• Web Page: Provide specific web addresses - not home page. Continue on next page if additional space is needed.

URL

h t t P / / P h i 1 i P s t o w n c o m / t o w n - c o d e/ s t o r m w a t e r - m a n a g e m e n t - P r o g r a m s

URL

L MCM 1 Page 2 of 4 J

Page 33: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

0704299955 “1MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0

V—1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank. SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

3. Web Page con't.: Provide specific web addresses - not home page.URL

L MCM 1 Page 3 of 4 J

Page 34: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 6932504403 “IMS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2

1 °

1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

4. Evaluating Progress Toward Measurable Goals MCM 1

Use this page to report on your progress and project plans toward achieving measurable goals identified in your Stormwater Management Program Plan (SWMPP), including requirements in Part III.C.l. Submit additional pages as needed.

A. Briefly summarize the Measurable Goal identified in the SWMPP in this reporting period.

Marked effort made to put up and distribute storm-water BMPs in Town building department. Educational materials were distributed during public meetings, quarterly trainings for the Town Highway Department were held, the goal to mark 10 percent of storm-drains with do not pollute placards was exceeded, continued monthly public storm-water discussions, and obtained video materials to display on local TV channel.

B. Briefly summarize the observations that indicated the overall effectiveness of this Measurable Goal.

Concerns for the preservation of water quality throughout the community have become a well understood/ discussed point not only during Conservation Board meetings, but throughout many public hearings dealing with new development projects. Contractors also better understand the requirements for their companies to partake in large scale land development projects requiring SWPPPs.

C. How many times was this observation measured or evaluated in this reporting period?

4 0

(ex.: samples/participants/events)

D. Has your MS4 made progress toward this Measurable Goal during this reporting period?• Yes O No

E. Is your MS4 on schedule to meet the deadline set forth in the SWMPP? • Yes O No

F. Briefly summarize the stormwater activities planned to meet the goals of this MCM during the next reporting cycle (including an implementation schedule).

Obtain and broadcast additional tv materials on the municipal channel, mark/ maintain old markers at least another 10 percent of storm-drains within the MS4 and expand outside of the MS4 boundary.

MCM 1 Page 4 of 4

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Page 35: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

4961183103 1MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

Minimum Control Measure 2. Public Involvement/ParticipationThe information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition ———

How many MS4s contributed to this report?_______

1. What opportunities were provided for public participation in implementation,development, evaluation and improvement of the Stormwater Management Program (SWMP) Plan during this reporting period? Check all that apply:

O Cleanup Events

• Comments on SWMP Received

• Community Hotlines

Phone # (

Phone # (

Phone # f Phone # (

Phone # (

• Community

8 4 5

8 4 5

8 4 5

Meetings

• Plantings

• Storm Drain Markings

• Stakeholder Meetings

O Volunteer Monitoring

O Other:

2 6 5

2 6 5

2 6 5

5 2 0 2

3 3 2 9

3 9 2 9

Phone #

Phone # (

Phone # (

Phone # (

Phone # (

Phone #

# Events

# Comments

# Attendees

Sq. Ft.

# Drains

# Attendees

# Events

-

-

-

-

-

-

7 5

2. Was public notice of availability of this annual report and Stormwater ManagementProgram (SWMP) Plan provided? • Yes O No

J

Page 36: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

1693183102

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9,

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.SPDES ID

2 0 1 9

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7

2. URL(s) con't.:Please provide specific address(es) where notice(s) can be accessed - not home page.

URLh t t P / / P h i 1 i P s t o w n • c o m / t o w n - c o d e/ s t o r m w a t e r - m a n a g e m e n t - P r o g r a m

URL

URL

URL

URL

URL

URL

MCM 2 Page 2 of 6

Page 37: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

3714183108

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9,[

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.SPDES ID

2 0 1 9

Name of MS4/Goalition Town of Philipstown N Y R 2 0 A 4 7

2. URL(s) con't.:Please provide specific address(es) where notices can be accessed - not home page.

URL

URL

URL

MCM 2 Page 3 of 6

Page 38: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

5441172015 “IMS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.SPDES ID

Name of MS4/Coalition Town of philiP’town N Y R 2 0 A 4 7 0

3. Where can the public access copies of this annual report, Stormwater Management Program SWMP) Plan and submit comments on those documents?

Enter address/contact info and select radio button to indicate which document is available and whether comments may be submitted at that location. Submit additional pages as needed.

• MS4/Coalition Office • Annual Report • SWMP Plan • Comments

P h i 1 i P s t o w n B u i 1 d i n g D e P a r t m e n tAddress

2 C e d a r S t r e e t

NC o 1 d s P r i n gPhone

( 8 4 5 ) 2 6 5 - 5 2 0 2

raryAdd'ress

O Librar

1 0 5 1 6

O Annual Report O SWMP Plan O Comments

City Zip

Phone

(• Other • Annual Report • SWMP Plan • Comments

AddressP h i 1 i p s t o w n T o w n Hall

Cmf ZipC o 1 d s P r i n g N Y 1 0 5 1 6 -

Phone

( 8 4 5 ) 2 6 5 - 5 2 0 0

® Web Page URL: ® Annual Report ® SWMP Plan ® Comments

h t t P / / P h i 1 i P s t o w n • c o m / t o w n c o de / s t o r m w a t e r - m a n a g e IB e n t - P r o g r a m

Please provide specific address of page where report can be accessed - not home page.• eMail O Comments

m g a r f i n k 1 e P h i 1 i P s t o w n • c o m

MCM 2 Page 4 of 6 J

Page 39: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 0614183104 “1MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank

SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

4.a. If this report was made available on the internet, what date was it posted?Leave blank if this report was not posted on the internet. / ~

4.b. For how many days was/will this report be posted? 3 6 5

If submitting a report for single MS4, answer 5.a.. If submitting a joint report, answer 5.b..

5.a. Was an Annual Report public meeting held in this reporting period? O Yes • NoIf Yes, what was the date of the meeting? / /

If No, is one planned? • Yes O No

5.b. Was an Annual Report public meeting held for all MS4s contributing to this report duringthis reporting period? • Yes ONo

If No, is one planned for each? O Yes ONo

6. Were comments received during this reporting period? • Yes ONoIf Yes, attach comments, responses and changes made to SWMP in response to comments to this report.

L MCM 2 Page 5 of 6 J

Page 40: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

2013032775 “IMS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank. SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

7. Evaluating Progress Toward Measurable Goals MCM 2

Use this page to report on your progress and project plans toward achieving measurable goals identified in your Stormwater Management Program Plan (SWMPP), including requirements in Part III.C.l. Submit additional pages as needed.

A. Briefly summarize the Measurable Goal identified in the SWMPP in this reporting period.

Continue to solicit public input on storm-water issues in local development projects by both the public and local officials/ boards. Topics set for monthly Conservation Board meetings during the storm-water discussion portion of the meetings, which elicited community involvement in better understanding storm-water issues and what they can do to better protect water quality.

B. Briefly summarize the observations that indicated the overall effectiveness of this Measurable Goal.

The Town has begun to work with the local land-trust to reevaluate local water quality issues important to the community (i.e. comprehensive water quality testing at specific locations along the Town's major water ways). The climate smart coordinator, Town Councilman, and the Philipstown Garden Club have all committed to the climate smart pledge. Members of the community take a proactive approach to identifying storm-water and water quality violations.

C. How many times was this observation measured or evaluated in this reporting period?

2 3

(ex.: samples/participants/events)

D. Has your MS4 made progress toward this measurable goal during this reporting period?• Yes O No

E. Is your MS4 on schedule to meet the deadline set forth in the SWMPP?• Yes O No

F. Briefly summarize the stormwater activities planned to meet the goals of this MCM during the next reporting cycle (including an implementation schedule).

Provide opportunities for community clean-up days, community storm-drain marking, and community based illicit discharge detection. Provide communication outlet for the community to have concerns heard relating to storm-water issues (i.e. herbicide application near drinking water supply) at monthly meetings to be completed by 3/9/2020.

MCM 2 Page 6 of 6

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Page 41: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 7368169291 "1MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

Name of MS4/Coalition N Y R 2 0 A 4 7 0Town of Philipstown

Minimum Control Measure 3. Illicit Discharge Detection and Elimination

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition

How many MS4s contributed to this report?

1. Enter the number and approx, percent of outfalls mapped: 1 9 0 1 0 0 %

2. How many of these outfalls have been screened for dry weather discharges during this reporting period (outfall reconnaissance inventory)?

3. a.What types of generating sites/sewersheds were targeted for inspection during thisreporting period?

O Auto Recyclers • Landscaping (Irrigation)

• Building Maintenance O Marinas

O Churches O Metal Plateing Operations

0 Commercial Carwashes O Outdoor Fluid Storage

O Commercial Laundry/Dry Cleaners O Parking Lot Maintenance

O Construction Vehicle Washouts O Printing

® Cross-Connections 0 Residential Carwashing

O Distribution Centers O Restaurants

O Food Processing Facilities O Schools and Universities

O Garbage Truck Washouts • Septic Maintenance

O Hospitals • Swimming Pools

O Improper RV Waste Disposal • Vehicle Fueling

O Industrial Process Water O Vehicle Maint./Repair Shops

• Other: O None

L MCM 3 Page 1 of 4 J

Page 42: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

5953169299 “1

Name of MS4/Coalition Town of Philipstown

MS4 Annual Report Form

NSPDES ID

R

2 0 1 9ES ID dank.

2 0 A 4

3.b.What types of illicit discharges have been found during this reporting period?

O Broken Lines From Sanitary Sewer O Industrial Connections

O Cross Connections ® Inflow/Infiltration

• Failing Septic Systems O Pump Station Failure

O Floor Drains Connected To Storm Sewers O Sanitary Sewer Overflows

• Illegal Dumping O Straight Pipe Sewer Discharges

O Other: O None

4. How many illicit discharges/potential illegal connections have been detected during this reporting period?

5. How many illicit discharges have been confirmed during this reporting period?

6.

3

How many illicit discharges/illegal connections have been eliminated during this reporting period?

7. Has the storm sewershed mapping been completed in this reporting period?If No, approximately what percent was completed in this reporting period?

8. Is the above information available in GIS? Is this information available on the web?If Yes, provide URL(s):

• Yes O No

%

• Yes O No• Yes O No

Please provide specific address of page where map(s) can be accessed - not home page. URLh t t P s / / P h i 1 i P s t o w n • c o m / t o w n - c o de / s t o r m w a t e r - m a n a g e m e n t - P r o g r a m

URL

L MCM 3 Page 2 of 4 J

Page 43: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

5820169292

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9,

If submitting this form as part of a joint report on behalf of a coalition leave SPDES

SPDES ID

0 1D blank.

N Y R 2 0 A 4 7Name of MS4/Coalition Town of Philipstown

8. URL(s) con't.:Please provide specific address of page where map(s) can be accessed - not home page

URL

URL

URL

1 0 0

L MCM 3 Page 3 of 4

Page 44: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

9126383899

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

Name of MS4/Coalition Town of Philipstown

SPDES IDN Y R 2 0 A 4 7 0

12. Evaluating Progress Toward Measurable Goals MCM 3

Use this page to report on your progress and project plans toward achieving measurable goals identified in your Stormwater Management Program Plan (SWMPP), including requirements in Part III.C.l. Submit additional pages as needed.

A. Briefly summarize the Measurable Goal identified in the SWMPP in this reporting period.

Mapped over 600 storm-drains inside and outside of the MS4 Boundary and have begun to develop a GIS of these storm-water conveyance systems. Maps are now available on the Town's web-page and in hard copy form at Town Hall/ the Building Department. Trainings held for Town HWD focussing on illicit discharge.

B. Briefly summarize the observations that indicated the overall effectiveness of this Measurable Goal.

Monitoring of outfalls occurred throughout the year focusing on illicit discharge.

C.

D.

How many times was this observation measured or evaluated in this reporting period?

1 2 0(ex.: samples/participants/events)

Has your MS4 made progress toward this measurable goal during this reporting period?• Yes O No

E. Is your MS4 on schedule to meet the deadline set forth in the SWMPP?• Yes O No

F. Briefly summarize the stormwater activities planned to meet the goals of this MCM during the next reporting cycle (including an implementation schedule).

Will map outfalls associated with the storm-drains which were mapped in 2017 by March 2020.

L MCM 3 Page 4 of 4

J

Page 45: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

5624056356 ~l

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

Name of MS4/Coalitionl N Y R 2 0 A 4 7 0Town of Philipstown

Minimum Control Measures 4 and 5. Construction Site and Post-Construction Control

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition

How many MS4s contributed to this report?

la. Has each MS4 contributing to this report adopted a law, ordinance or other regulatory mechanism that provides equivalent protection to the NYS SPDES General Permit for Stormwater Discharges from Construction Activities? • Yes O No

lb.Has each Town, City and/or Village contributing to this report documented that the law is equivalent to a NYSDEC Sample Local Law for Stormwater Management and Erosion and Sediment Control through either an attorney certification or using the NYSDEC Gap Analysis Workbook? • Yes O No O NT

IfYes, Towns, Cities and Villages provide date of equivalent NYS Sample Local Law.O 09/2004 • 03/2006 O NT

2.

3.

Does your MS4/Coalition have a SWPPP review procedure in place? • Yes O No

How many Construction Stormwater Pollution Prevention Plans (SWPPPs) have been reviewed in this reporting period?

4. Does your MS4/Coalition have a mechanism for receipt and consideration of publiccomments related to construction SWPPPs? • Yes O No O NT

IfYes, how many public comments were received during this reporting period? 4

5. Does your MS4/Coalition provide education and training for contractors about the local SWPPP process? O Yes • No

MCM 4/5 Page 1 of 2 J

Page 46: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 3951056357 16. Identify which of the following types of enforcement actions you used during the reporting

period for construction activities, indicate the number of actions, or note those for which you do not have authority:

® Notices of Violation # 1 8 O No Authority

• Stop Work Orders # 9 O No Authority

O Criminal Actions # O No Authority

O Termination of Contracts # O No Authority

O Administrative Fines # O No Authority

® Civil Penalties # 3 O No Authority

® Administrative Orders # 1 O No Authority

O Enforcement Actions or Sanctions #

O Other # O No Authority

L MCM 4/5 Page 2 of 2 J

Page 47: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

9445612573 1

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9,

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

2 0

r—1 9

Name ofMS4/Coalition Town of Philipstown

SPDES IDN Y R 2 0 A 4 7 0

Minimum Control Measure 4. Construction Site Stormwater Runoff Control

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition

How many MS4s contributed to this report?

1. How many construction projects have been authorized for disturbances of one acre or more during this reporting period?

2. How many construction projects disturbing at least one acre were active in your jurisdiction during this reporting period?

3. What percent of active construction sites were inspected during this reporting period? o NT

4. What percent of active construction sites were inspected more than once?

1 0 0 %

ONT

1 0 0 %

5. Do all inspectors working on behalf of the MS4s contributing to this report use the NYS Construction Stormwater Inspection Manual? • Yes O No O NT

6. Does your MS4/Coalition provide public access to Stormwater Pollution Prevention Plans (SWPPPs) of construction projects that are subject to MS4 review and approval?

• Yes O No O NTIf your MS4 is Non-Traditional, are SWPPPs of construction projects made available for public review? • Yes O No

If Yes, use the following page to identify location(s) where SWPPPs can be accessed.

MCM 4 Page 1 of 3

J

Page 48: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

7482169883 “IMS4 Annual Report Form

This report is being submitted for the reporting period ending March 9,If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

2 0 1 9

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

6. con't.:Submit additional pages as needed.

• MS4/Coalition OfficeDepartment

B u i 1 d i n g D e P a r t m e n tAddress

2 3 8 M a i n S t r e e tCip Zip

c o 1 d S P r i n g N Y 1 0 5 1 6 -Phone

O LibraryAddress

2 6 5 5 2 0 2

City Zip

Phone(□^)

O OtherAddress

City ___ Zip

Phone

( ) -

URL

1

MCM 4 Page 2 of 3 J

Page 49: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

7935007876

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9, 2 0

T-1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ED blank.SPDESID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

7. Evaluating Progress Toward Measurable Goals MCM 4

Use this page to report on your progress and project plans toward achieving measurable goals identified in your Stormwater Management Program Plan (SWMPP), including requirements in Part III.C. 1. Submit additional pages as needed.

A. Briefly summarize the Measurable Goal identified in the SWMPP in this reporting period.

Projects developing more than an acre of land and even those that may be affecting less than an acre, where appropriate, have been mandated to utilize BMPs for construction site segregation from regulated resources to protect water quality.

B. Briefly summarize the observations that indicated the overall effectiveness of this Measurable Goal.

Well kept erosion control devices on projects sites for the majority of the areas inspected outside of and in the MS4 boundary.

C. How many times was this observation measured or evaluated in this reporting period?

2 4(ex.: samples/participants/events)

D. Has your MS4 made progress toward this measurable goal during this reporting period?• Yes O No

E. Is your MS4 on schedule to meet the deadline set forth in the SWMPP?• Yes O No

F. Briefly summarize the stormwater activities planned to meet the goals of this MCM during the next reporting cycle (including an implementation schedule).

Implement a more streamlined process for submitting SWPPPs to the Town. Close out old inactive SWPPPs, who have not provided the Town with NOTs for their projects. Publicize BMPs for stormwater management in Town Hall to help inform builders of proper site containment with stormwater control measures. Establish direct lines of communication with builders developing more than an acre of land to ensure proper site inspections occur at these locations. All by 3/20.

MCM 4 Page 3 of 3

Page 50: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

1048119251 1MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9,If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

2 0 1 9

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

Minimum Control Measure 5. Post-Construction Stormwater Management

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition

How many MS4s contributed to this report?

1. How many and what type of post-construction stormwater management practices has your MS4/CoaIition inventoried, inspected and maintained in this reporting period?

O Alternative Practices

O Filter Systems

•' Infiltration Basins

O Open Channels

• Ponds

• Wetlands

O Other

# #Inventoried Inspections

# Times Maintained

2. Do you use an electronic tool (e.g. GIS, database, spreadsheet) to track post-constructionBMPs, inspections and maintanance? O Yes • No

3. What types of non-structural practices have been used to implement Low Impact Development/Better Site Design/Green Infrastructure principles?

• Building Codes

• Overlay Districts

• Zoning

O None

• Watershed Plans

• Other:

O Municipal Comprehensive Plans

• Open Space Preservation Program

• Local Law or Ordinance

• Land Use Regulation/Zoning

• Other Comprehensive Plan

D n w B u 0 u 1 a n

L MCM 5 Page 1 of 3 J

Page 51: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 9091119257 ~1MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 CO

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

Name of MS4/Coalition N Y R 2 0 A 4 7 0Town of Philipstown

4a. Are the MS4s contributing to this report involved in a regional/watershed wide planning effort?O Yes • No

4b. Does the MS4 have a banking and credit system for stormwater management practices?O Yes • No

4c. Do the SWMP Plans for each MS4 contributing to this report include a protocol for evaluation and approval of banking and credit of alternative siting of a stormwater management practice?

O Yes ® No

4d. How many stormwater management practices have been implemented as part of this system in this reporting period?

5. What percent of municipal officials/MS4 staff responsible for program implementation attended training on Low Impace Development (LID), Better Site Design (BSD) and other Green Infrastructure principles in this reporting period? 0 %5

L MCM 5 Page 2 of 3 J

Page 52: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 1610116332

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9, 2 0

r—1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

6. Evaluating Progress Toward Measurable Goals MCM 5

Use this page to report on your progress and project plans toward achieving measurable goals identified in your Stormwater Management Program Plan (SWMPP), including requirements in Part III.C.l. Submit additional pages as needed.

A. Briefly summarize the Measurable Goal identified in the SWMPP in this reporting period.

SWPPPs all include post construction management of stormwater recommendations as part of a complete report.

B. Briefly summarize the observations that indicated the overall effectiveness of this Measurable Goal.

The majority of the properties inspected who have plans in place for controlling post construction stormwater are working adequately. Otherwise, the remainder of Philipstown's SWPPPs are concerning single family residences, not requiring post construction site practices due to size of developed area.

C. How many times was this observation measured or evaluated in this reporting period?

1 0(ex.: samples/participants/events)

D. Has your MS4 made progress toward this measurable goal during this reporting period?• Yes O No

E. Is your MS4 on schedule to meet the deadline set forth in the SWMPP?• Yes O No

F. Briefly summarize the stormwater activities planned to meet the goals of this MCM during the next reporting cycle (including an implementation schedule).

The Town needs to enhance their system for holding the property owners accountable for maintenance of post construction stormwater management systems on their property. Trainings could be held for local departments to detect and better understand failures in post construction stormwater control measures. To be accomplished by March 2020.

MCM 5 Page 3 of 3

J

Page 53: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9,

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.2 0 1 9

Name of MS4/Coalition Town of Philipstown

SPDES IDN Y R 2 0 A 4 7 0

Minimum Control Measure 6. Stormwater Management for Municipal Operations

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition

How many MS4s contributed to this report?

1. Choose/Iist each municipal operation/facility that contributes or may potentially contribute Pollutants of Concern to the MS4 system. For each operation/facility indicate whether the operation/facility has been addressed in the MS4's/CoaIition's Stormwater Management Program(SWMP) Plan and whether a self-assessment has been performed during the reporting period. A self-assessment is performed to: 1) determine the sources of pollutants potentially generated by the permittee's operations and facilities; 2) evaluate the effectiveness of existing programs and 3) identify the municipal operations and facilities that will be addressed by the pollution prevention and good housekeeping program, if it's not done already.

Self-AssessmentOperation/Activity/Facilityperformed within the past 3

Operation/Activity /Facility Addressed in SWMP? years?Street Maintenance.......................................................... • Yes O No .......... .......... • Yes ONoBridge Maintenance........................................................ • Yes ONo • Yes ONoWinter Road Maintenance............................................. • Yes O No .......... .......... •Yes ONoSalt Storage...................................................................... • Yes O No . .......... •Yes ONoSolid Waste Management.............................................. O Yes • No .......... .......... O Yes ONoNew Municipal Construction and Land Disturbance.. O Yes • No • Yes ONoRight of Way Maintenance............................................ • Yes ONo O Yes ONoMarine Operations.......................................................... O Yes • No O Yes ONoHydrologic Habitat Modification.................................. O Yes • No . O Yes ONoParks and Open Space..................................................... • Yes ONo • Yes ONoMunicipal Building......................................................... • Yes ONo O Yes ONoStormwater System Maintenance.................................. • Yes O No .......... • Yes ONoVehicle and Fleet Maintenance..................................... • Yes O No O Yes ONoOther............................................................................... O Yes ONo O Yes O No

MCM 6 Page 1 of 3

Page 54: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 6445134838 “IMS4 Annual Report Form

2 0 1 9If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

Name of MS4/Coalition N Y R 2 0 A 4 7 0Town of Philipstown

2. Provide the following information about municipal operations good housekeeping programs:

O Parking Lots Swept (Number of acres X Number of times swept) # Acres

• Streets Swept (Number of miles X Number of times swept)

® Catch Basins Inspected and Cleaned Where Necessary

# Miles

#

0

3 2

1 0 7

® Post Construction Control Stormwater Management Practices Inspected and Cleaned Where Necessary

O Phosphorus Applied In Chemical Fertilizer

O Nitrogen Applied In Chemical Fertilizer

O Pesticide/Herbicide Applied(Number of acres to which pesticide/herbicide was applied X Number of times applied to the nearest tenth.)

#

#Lbs.

#Lbs.

# Acres

0

0

0

3. How many stormwater management trainings have been provided to municipal employees during this reporting period? 4

4. What was the date of the last training? / /

5. How many municipal employees have been trained in this reporting period?

6. What percent of municipal employees in relevant positions and departments receive stormwater management training? 0 %

L MCM 6 Page 2 of 3 J

Page 55: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 7123078468 “1MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank. SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

7. Evaluating Progress Toward Measurable Goals MCM 6

Use this page to report on your progress and project plans toward achieving measurable goals identified in your Stormwater Management Program Plan (SWMPP), including requirements in Part III.C.l. Submit additional pages as needed.

A. Briefly summarize the Measurable Goal identified in the SWMPP in this reporting period.

Implemented new pipe cleaning and monitoring program. Trainings provided to Town Highway Department pertaining to MS4 regulations, illicit detections, and BMPs. The Town needs to enhance their system for holding the property owners accountable for maintenance of post construction stormwater management systems on their property. Trainings could be held for local departments to detect and better understand failures in post construction stormwater control measures. To be accomplished by March 2020.

B. Briefly summarize the observations that indicated the overall effectiveness of this Measurable Goal.

There was no measurable change based on good housekeeping practices already established for road maintenance, but changes to infrastructure (i.e. road raising at Manitou Station Rd.), along with as bridge upgrades (Avery Road) to better suit stormwater events, have not only improved normal water conveyance, but have better prepared roadways and adjacent properties to be protected from flooding, ultimately improving water quality of downstream sources.

C. How many times was this observation measured or evaluated in this reporting period?

6

(ex.: samples/participants/events)

D. Has your MS4 made progress toward this measurable goal during this reporting period?• Yes O No

E. Is your MS4 on schedule to meet the deadline set forth in the SWMPP?® Yes O No

F. Briefly summarize the stormwater activities planned to meet the goals of this MCM during the next reporting cycle (including an implementation schedule).

Implementation of improved catch basin and pipe monitoring protocol completed. Continue to provide refresher and initial stormwater overview trainings and detailed analysis of MS4 with municipal staff by March 2020.

MCM 6 Page 3 of 3

Page 56: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

6327042251

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9, 2 0 1 9

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7

Additional Watershed Improvement Strategy Best Management Practices

The information in this section is being reported (check one):

• On behalf of an individual MS4O On behalf of a coalition

How many MS4s contributed to this report?

MS4s must answer the questions or check NA as indicated in the table below.

MS4 Description Answer Check NA (POC)NYC EOH Watershed - - -

Traditional Land Use l,2,3,4,5,6,7a-d,8a,8b,9 10,11,12 PhosphorusTraditional Non-Land Use l,2,3,4,7a-d,8a,8b,9 5,10,11,12 PhosphorusNon-Traditional l,2,77a-d,8a,8b,9 3,4,5,10,11,12 Phosphorus

Onondaga Lake Watershed - - -Traditional Land Use l,6,7a-d,8a,9 2,3,4,5,8b,10,11,12 PhosphorusTraditional Non-Land Use l,6,7a-d,8a,9 2,3,4,5,8b,10,11,12 PhosphorusNon-Traditional l,6,7a-d,8a,9 2,3,4,5,8b,10,11,12 Phosphorus

Greenwood Lake Watershed - - -Traditional Land Use l,4,6,7a-d,8a,9 2,3,5,8b,10,11,12 PhosphorusTraditional Non-Land Use l,4,6,7a-d,8a,9 2,3,5,8b,10,11,12 PhosphorusNon-Traditional l,4,6,7a-d,8a,9 2,3,5,8b,10,11,12 Phosphorus

Oyster Bay - - -Traditional Land Use 1,4,7a-d, 9,10,11,12 2,3,5,6,8a,8b PathogensTraditional Non-Land Use l,4,7a-d,9,10,l 1,12 2,3,5,6,8a,8b PathogensNon-Traditional l,4,7a-d,9 2,3,4,5,8a,8b,10,11,12 Pathogens

Peconic Estuary - - -Traditional Land Use l,4,7a-d,8a,9,10,l 1,12 2,3,5,6,8b Pathogens and NitrogenTraditional Non-Land Use l,4,7a-d,8a,9,10,l 1,12 2,3,5,6,8b Pathogens and NitrogenNon-Traditional 1,4,7a-d,8a,9 2,3,4,5,8b,10,11,12 Pathogens and Nitrogen

Oscawana Lake Watershed - - -Traditional Land Use l,4,6,7a-d,8a,9 2,3,5,8b,10,11,12 PhosphorusTraditional Non-Land Use l,4,6,7a-d,8a,9 2,3,5,8b,10,11,12 PhosphorusNon-Traditional l,4,6,7a-d,8a,9 2,3,5,8b, 10,11,12 Phosphorus

LI 27 Embayments - -Traditional Land Use 1,2,3,4,7a-d,9,10,l 1,12 5,6,8a,8b PathogensTraditional Non-Land Use 1,2,3,4,7a-d,9,10,11,12 5,6,8a,8b PathogensNon-Traditional 1.2,3.4.7a-d,9 5.6.8a.8b,10.11.12 Pathogens

1. Does your MS4/Coalition have an education program addressing impacts of phosphorus/nitrogen/pathogens on waterbodies? O Yes

2. Has 100% of the MS4/Coalition conveyance system been mapped in GIS?O Yes

If N/A, go to question 3.

If No, estimate what percentage of the conveyance system has been mapped so far.

Estimate what percentage was mapped in this reporting period.

O No * N/A

• No O N/A

7 5

2 0

L Additional BMPs Page 1 of 3

Page 57: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

r 2244042255 “I

0MS4 Annual Report Form

This report is being submitted for the reporting period ending March 9,If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

SPDES ID

Name of MS4/Coalition Town of Philipstown N Y R 2 0 A 4 7 0

3. Does your MS4/Coalition have a Stormwater Conveyance System (infrastructure) Inspection and Maintenance Plan Program? <9 yes O No O N/A

4. Estimate the percentage of on-site wastewater treatment systems that have been in and maintained or rehabilitated as necessary in this reporting period?

spected%

5. Has your MS4/Coalition developed a program that provides protection equivalent to the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activities (GP-0-08-001) to reduce pollutants in stormwater runoff from construction activities that disturb five thousand square feet or more? 9 Yes O No O N/A

6. Has your MS4/CoaIition developed a program to address post-construction stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre that provides equivalent protection to the NYS DEC SPDES General Permit for Stormwater Discharges from Construction Activities (GP-0-08-001), including the New York State Stormwater Design Manual Enhanced Phosphorus Removal Standards? ® Yes ONo O N/A

7a. Does your MS4/Coalition have a retrofitting program to reduce erosion orphosphorus/nitrogen/pathogen loading? O Yes O No 9 N/A

7b.How many projects have been sited in this reporting period?

7c. What percent of the projects included in 7b have been completed in this reporting period?

7d.What percent of projects planned in previous years have been completed?

0

1

O No Projects Planned

8a.Has your MS4/Coalition developed and implemented a turf management practices and procedures policy that addresses proper fertilizer application on municipally owned lands? O Yes ONo 9 N/A

8b.Has your MS4/Coalition developed and implemented a turf management practices and procedures policy that addresses proper disposal of grass clippings and leaves from municipally owned lands? O Yes 9 No O N/A

L Additional BMPs Page 2 of 3 J

Page 58: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

2404042253 “I

0

MS4 Annual Report FormThis report is being submitted for the reporting period ending March 9,

If submitting this form as part of a joint report on behalf of a coalition leave SPDES ID blank.

Name of MS4/Coalition Town of Philipstown

SPDES IDN Y R 2 0 A 4 7 0

9. Has your MS4/Coalition developed and implemented a program of native planting?• Yes O No O N/A

10. Has your MS4/Coalition enacted a local law prohibiting pet waste on municipal properties andprohibiting goose feeding? • Yes ONo O N/A

11. Does your MS4/Coalition have a pet waste bag program? O Yes • No O N/A

12. Does your MS4/Coalition have a program to manage goose populations? O Yes • No O N/A

Additional BMPs Page 3 of 3 J

Page 59: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

RESOLUTION #-2018The following Resolution was presented by Councilman, seconded by Councilman and unanimously carried;

RESOLVED, that the Town Board hereby authorizes the release of Escrow Funds to Jaymark Jewelers, 3612 Route 9 as recommended by the Philipstown Planning Board.

Page 60: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Town of PhilipstownPlanning Board

238 Main Street, PO Box 155Cold Spring, NY 10516

Office (845) 265- 5202 Fax (845) 265-2687

MEMORANDUM

April 23,2019

ATTN: RICHARD SHEATown Board of Town of Philipstown238 Main StreetP. O. Box 155Cold Spring, New York 10516

Re: Release of funds for Jaymark Jewelers, 3612 Route 9 (TM# 17.-1-46)

Dear Supervisor Shea:

At the April 18, 2019 Town Planning Board meeting a motion was made by Dennis Gagnon to okay the return of the escrow to Jaymark Jewelers and Neal Tomann seconded the motion. The motion carried unanimously.

I am requesting that any remaining escrow funds for processing and consultants' fees being held by the Town should be released back to the applicant at this time.

Tara K. Percacciolo Zoning/Planning Secretary

Page 61: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

RESOLUTION #-2019The following Resolution was presented by Councilman, seconded by Councilwoman and unanimously carried;

RESOLVED, that the Town Board hereby authorizes Carl Frisenda, Highway Superintendent to auction off old equipment with Auctions International.

Page 62: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

The Town of Philipstown Mail - Town Board Meeting https://mai I. google. com/mail/u/0?ik=07b5df8c31&view=pt&searc...

Town Clerk <[email protected]>

Town Board Meeting2 messages

Highway Department; <[email protected]>To: Town Clerk <[email protected]>

HelloWould you please put this on the Agenda for the next Town Board meeting?

If you need anything else or have any questions give us a all.Thank you Maureen

-1 img-190422155934.pdf“ 218K

Town Clerk <[email protected]>Draft To: "Highway Department;" <[email protected]>

Mon, Apr 22, 2019 at 12:11 PM

Mon, Apr 22, 2019 at 1:10 PM

Will do.[Quoted text hidden]

Tina M. Merando Town Clerk Town of Philipstown 238 Main St.Cold Spring, NY 10516

TEL: 845-265-3329 FAX: 845-265-3958

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Page 63: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

ahum of JIljtltpHtnuinHIGHWAY DEPARTMENT

50 Fishkill RoadCold Spring, New York 10516

(845) 265-3530 Carl FrisendaFax (845) 265-7886 Highway Superintendent

MEMORANDUM

TO: Town Supervisor, Richard SheaTown Board Members Town Clerk

DATE: May 2, 2019

RE: Resolution needed to auction off old equipment with Auctions International

FROM: Carl Frisenda

The Philipstown Highway Department would like auction off the following items:

2- 3 yd Dawn Easter Gas Sanders

1 -12 yd Torwel Hydraulic Sander

John Deere Tractor JD 301A - runs but has engine issues

John Deere Loader 544D

1985 GMC Top Kick Frame and Chassis - running shape

2003 F55O Diesel 3-4 Yd Dump Truck - Rusted and running

6 cyl Ford American Rd Machinery Leaf Sucker

CF/mme

Page 64: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

©RESOLUTION #-2019The following Resolution was presented by Councilman, seconded by Councilwoman and unanimously carried;

RESOLVED, that the Town Board hereby authorizes Supervisor Shea to sign the “Hold Harmless (Indemnity) Agreement” between Tim Miller Associates, Inc.

Page 65: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

The Town of Philipstown Mail - Fwd: Indemnification agreement https://mail. google. com/mail/u/0?ik=07b5df8c31&view=pt&searc...

Town Clerk <[email protected]>

Fwd: Indemnification agreement1 message

Richard Shea <[email protected]> Wed, Apr 24, 2019 at 2:28 PMTo: Town Clerk <[email protected]>

Tina,Please put this on the next monthly meeting agenda to authorize me to sign.

Thank you,

RichardSHEACONSTRUCTION

email: [email protected] phone: 845.849.4458

---------- Forwarded message----------From: N. Montgomery <[email protected]> Date: Wed, Apr 24, 2019 at 11:25 AM Subject: Fwd: Indemnification agreement To: <[email protected]>

Sent from my iPhone

Begin forwarded message:

From: Tim Miller <[email protected]> Date: April 9, 2019 at 4:58:38 PM EDT To: [email protected]: Indemnification agreement

Hi Nancy...

I worked this up from a template I found online. Seems pretty standard and I am not sure we need much more.

xx

Tim

^>1 Hold harmless.docx“-1 18K

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Page 66: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

Hold harmless (indemnity) Agreement

This hold harmless (indemnity) agreement is made as of April 22, 2019 (the effective date) by and between Tim Miller Associates, Inc.(Indemnitee), located at 10 North St., Cold Spring, NY and________ (Indemnitee).

Indemnitor and indemnitee may be referred to individually as “party" and collectively as “parties".

Whereas, Indemnitor has agreed to lease or otherwise utilize office space at the offices of Tim Miller Associates Inc., on a month by month basis (the “activity"). Now therefore, for valuable consideration, the receipt of which is hereby acknowledged, indemnitor and indemnitee agree as follows:

1. Indemnification. To the extent permitted by law, Indemnitor will indemnify, defend and hold harmless indemnitee from any and all claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, cost and expenses, including attorney's fees and other expenses, (collectively, a “claim”) arising out of or relating to any act or omission by the indemnitee in connection with the performance of the activity.

2. Exceptions. Indemnitor's obligation to indemnify, defend and hold harmless Indemnitee shall not extend to any claim arising from the sole negligence or willful misconduct of Indemnitee. Indemnitor is not obligated to indemnify Indemnitee against any claim to the extent the Indemnitee has been reimbursed for such a claim under an insurance policy.

3. Notice of claim. Indemnitee must provide Indemnitor notice of any claim within five business days after obtaining knowledge of such claim. Such notice will set forth in detail the claim and the basis for indemnification under this agreement.

4. Duty to defend. In the event any claim is brought against Indemnitee within the scope of this agreement, Indemnitor reserves the right to assume the defense of the claim. If Indemnitor elects not to assume the defense of the claim, indemnitee may pursue its own defense of the claim and seek reimbursement from indemnitor. If indemnitor assumes the defense of the claim, Indemnitor shall not settle any claim without the prior written consent

i

Page 67: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

of the indemnity, which consent shall not be unreasonably withheld. If Indemnitee pursues its own defense of the claim, Indemnitee shall not settle any claim without the written consent of Indemnitor, which consent shall not be unreasonably withheld.

5. Mutual representations. The parties represent and warrant that they are duly authorized and have the power and authority to execute and deliver this agreement, and this agreement constitutes a legally, valid and binding obligation on the parties.

6. Amendments. This agreement may be amended or modified only by written agreement signed by all parties.

7. Notices. Any notice or other communication given or made to a party under this agreement shall be in writing and delivered by hand, sent overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above, or to another address as the party may subsequently designate by notice, and shall be deemed given on that date of delivery.

8. Governing law. The terms of this agreement shall be governed by and construed in accordance with the laws of the state of New York, not including its conflicts of law provisions.

9. Disputes. Any dispute arising from this agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then a dispute will be resolved to binding arbitration conducted in accordance with the rules of the American arbitration Association

10. No Waiver. No party shall be deemed to have waived any provision of this agreement or the exercise of any rights held under this agreement unless such waiver is made expressly and in writing. Waiver by any party of a breach or violation of any provision of this agreement shall not constitute a waiver of any other subsequent breach or violation

11. Assignment. No party may assign its rights or delegate it’s duties end of this agreement without the other parties prior written consent.

2

Page 68: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

12. Successors and assigns. This agreement shall be binding upon and inure To the benefit of the parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns

13. Severability. If any provision of this agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this agreement.

14. Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.

15. Headings. The section headings herein are for reference purposes only ensure not otherwise affect the meeting, construction or interpretation of any provision of this agreement.

16. Entire agreement. This agreement contains the entire understanding between the parties and supersedes and cancels our prior agreement to the party, whether oral or written, with respect to the subject matter.

In Witness Whereof, this agreement has been executed and delivered as of the first date written above

Signatures

Indemnitor Signature

Indemnitee Signature

Name Date

Name Date

3

Page 69: Meeting - Philipstown, New York · 2019-04-26 · 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation?

The Town of Philipstown Mail - Fwd: Indemnification agreement https://mail.google.com/mail/u/0?ik=07b5df8c31&view=pt&searc...

r -L.iWiilgWHMlI

Town Clerk <[email protected]>

Fwd: Indemnification agreement1 message

Richard Shea <[email protected]>To: Town Clerk <[email protected]>

Wed, Apr 24, 2019 at 2:28 PM

Tina,Please put this on the next monthly meeting agenda to authorize me to sign.

Thank you,

RichardSHEA

/ •' T CONSTRUCTIONCONSTRUCTION

email: [email protected] phone: 845.849.4458

---------- Forwarded message----------From: N. Montgomery <[email protected]> Date: Wed, Apr 24, 2019 at 11:25 AM Subject: Fwd: Indemnification agreement To: <[email protected]>

Sent from my iPhone

Begin forwarded message:

From: Tim Miller <[email protected]> Date: April 9, 2019 at 4:58:38 PM EDT To: [email protected]: Indemnification agreement

Hi Nancy...

I worked this up from a template I found online. Seems pretty standard and I am not sure we need much more.

xx

Tim

, t Hold harmless.docx-1 18K

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