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1985-08-29 PH TOWN BOARD TOWN OF WAPPINGER COUNTY OF DUTCHESS STATE OF NEW YORK RECEIVED SEP 5 1985 ELAIHE H. SNOWDEN """"" ..r -x IN THE MATTER OF A PUBLIC HEARING RE: AN ORDINANCE INTRODUCING A MORATORIUM ON CERTAIN CONSTRUCTION IN THE TOWN OF WAPPINER, COUNTY OF DUTCHESS, STATE OF NEW YORK - - - -X Wappinger Junior High School Remsen Avenue Wappingers Falls, NY 12590 August 29th, 1985 7:30 o'clock p.m. PRESIDING: SUPERVISOR FRANCIS J. VERSACE '''W' BOARD MEMBERS: COUNCILWOMAN RENATA BALLARD COUNCILMAN JOSEPH INCORONATO COUNCILMAN GERARD J. McCLUSKEY COUNCILWOMAN IRENE PAINO TOWN CLERK: ELAINE H. SNOWDEN COUNSEL FOR THE TOWN: BERNARD KESSLER, ESQ. Kessler Drive & Route 9 Hyde Park, NY 12538 PHILIP E. STILLERMAN, RPR OFFICIAL COURT REPORTER 15 EAST RICKY LANE POUGHKEEPSIE, NY 12601 (914) 462-3120 ".,. ..... [7:40 P.M.] -2- SUPERVISOR VERSACE: May I have your attention, please? This Public Hearing is ready to begin. I call this Public Hearing to Order. Would the Clerk call the roll, please? ..... TOWN CLERK SNOWDEN: Supervisor Versace? SUPERVISOR VERSACE: Here. TOWN CLERK SNOWDEN: Councilwoman Ballard? COUNCILWOMAN BALLARD: Here. TOWN CLERK SNOWDEN: Councilman Incoronato? COUNCILMAN INCORONATO: Here. TOWN CLERK SNOWDEN: Councilman McCluskey? COUNCILMAN McCLUSKEY: Here. TOWN CLERK SNOWDEN: Councilwoman Paino? COUNCILWOMAN PAINO: Here. TOWN CLERK SNOWDEN: All Town Board Members are here, sir. SUPERVISOR VERSACE: Thank you. Would you verify the Posting of the Public Hearing? TOWN CLERK SNOWDEN: I would like to offer, for the record, not only the Affidavit of Posting of the Public Hearing, but also the Affidavit of Publication in the matter of the Public Hearing on an Ordinance Introducing a Moratorium on Certain Construction In The Town of Wappinger. ..... -3- - .... "In the Matter of A Public Hearing on an Ordinance Introducing A Moratorium on certain Construction In The Town of Wappinger. "please take notice that the Town Board of the Town of Wappinger will conduct a Public Hearing on August 29, 1985 at 7:30 p.m. at the Wappinger Junior High School, Remsen Avenue, Wappingers Falls, New York on an Ordinance Introducing a Moratorium on Certain Construction in the Town of Wappinger. "An Ordinance Introducing A Moratorium On Certain Construction In The Town of Wappinger. "BE IT ORDAINED as follows: "Section 1: The Town Board of the Town of Wappinger, in order to consider, generate and adopt an amendment to the comprehensive master plan and zoning ordinance and map; to provide for the orderly improvement, development and growth of the entire area of the Town of Wappinger; to afford adequate facilities for the purposes, uses, transportation, distribution, comfort, convenience, public health, safety and general welfare of its population; for effective water and sewer resources, governmental services and enviromental effects and in order to provide for an orderly transition within the time necessary to accomplish same and to prevent development inconsistent with the proposed amendment to the ~ ",.... -4- comprehensive master plan and to provide for a moratorium for six months in order to accomplish same, in the interest of promoting proper government and to insure proper pro- tection, orderly conduct, safety, health, welfare and well-being of the population within the Town of Wappinger, finds it in the best interest to enact this ordinance. "Section 2: General Provisions. No person, corporation, firm or entity shall conduct or establish any residential use of real property, or construct residential buildings on land exceeding two lots anywhere within the Town of Wappinger for a term of six months from the effective date of this ordinance. ~ "Any person desiring a variance must submit two copies of his layout or plot plan showing actual dimensions of the plot to be built upon, the setbacks and area of the building and accessory buildings to be erected and all evidences of applications in conformity with other municipal authorities' requests and in conformity with all applicable rules, reg- ulations and laws. "The Town Board, at the next meeting, shall deem whether or not such application for a variance is compatible with the master plan or the proposed amendment to said plan of the Town of Wappinger as it then exists. "If the Town Board deems that such variance is ~ I L ....... -5- compatible, it shall forward such application for variance and all supporting documents to the Zoning Board of Appeals. Said Board, at its next meeting or a special meeting, shall consider the variance and give its recommendations with respect to the variance. After the Zoning Board of Appeals reaches a final decision, it will make recommendation to the Town Board at the next regular meeting so that the Town Board can take necessary action. "Section 4: Exceptions. Lawful use of any premises existing on the effective date of this ordinance may be conducted, provided however, such non-conforming use shall not be enlarged and the premises shall not be altered unless .... a variance is granted under the ordinance. "Section 5. Enforcement. This ordinance shall be enforced by the Zoning Administrator. It shall be the duty of the Zoning A dministrator to advise the Board of all matters pertaining to the enforcement of this ordinance and to keep all records necessary and appropriate to same. "Section 6. Separability. Should any section or provision be deemed invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. "Section 7. Violations. Any persons violating any provisions of this ordinance shall be guilty of an offense, "'-" , L__ - -6- ...... .... and upon conviction thereof, be punished by a fine not exceeding $250.00 or imprisonment not to exceed 90 days. For the purpose of conferring jurisdiction upon the Court, violations of this ordinance shall be deemed a misdemeanor, and for such purposes the laws relating to misdemeanors shall apply to such violations for procedural matters. Every week's continued violation after notice shall constitute a separate additional violation. All other interested persons, in addition to other remedies, may institute any appropriate action or proceeding with respect to violation of this ordinance, as provided by Section 268 of the Town Law. "Section 8. Effective date. This ordinance shall become effective upon posting and publication as provided by Town Law." SUPERVISOR VERSACE: Thank you, Elaine. This evening the Town Board will receive comments on the proposed moratorium. And, the procedure to be used is that I will start from my left, your right, asking anybody who wishes to speak, do so, and then going from the first row, to the second, third, fourth row. And, we will do the middle section first, and then to the far sections, to the left, and the right which will be last. And, I believe that three minutes is the time period that we will set for your ..... .--- -7- comments. We will restrict your comments to three minutes since we have a rather large audience this evening and we have to be out of the auditorium by 10:00 tonight. If we have time, we will go around again, through the audience and ask for more comments. I request that when you do come up to speak, that you give your name and address. We have a Court Reporter present who is taking down all the comments, all the information, that will be said tonight. Now, I will start with the very center aisle, and begin with the first row. If you don't identify yourself, your remarks will not be recorded. But, we have one member of the Town Board, Mr. Incoronato, who wishes to speak, and I will entertain him first, and then we will start on the comments from the audience. --.-. COUNCILMAN INCORONATO: Thank you, Frank. Good evening and welcome everyone. Before hearing your comments I want to make some introductory remarks to set the stage for tonight's meeting. First, I'll briefly characterize the explosive growth this Town has experienced during the last 25 years. For instance: A tripling of the population since 1960 from 10,000 people to 30,000 presently; our population density is more than three times as great as the average Dutchess County population; with about 50% of Wappinger's almost 17,000 acres yet to be developed, the potential ..... L ..... -8- exists for doubling the size of this municipality to 60,000 people. Clearly, this reckless pace of development tends to strain not only the municipality's resources, but it does threaten the stability of the school district as well. Consequently, while we don't intend to seal off the Wappinger border, we must shift gears to achieve orderly growth. Otherwise, we are simply sowing the seeds of tomorrow's slums. The intent of the proposed moratorium is to help us manage future growth and more intelligently, based on the Town's ability to absorb and support more housing. Accord- ..... ingly, this action would suspend residential construction of three or more homes for a period of six months. However, the moratorium would not have any affect on fully-approved residential, or commercial/industrial developments. Any property owner seeking relief for due cause could appeal to the Town Board for relief from the ban. If approved, residential construction will be shelved during the fall and winter -- the construction slack season __ when it would tend to have a minimal impact on building. Yet, it would postpone the approval of numerous residential subdivisions nopw on the drawing board. To put the moratorium in perspective, please recognize ,..,. I I I I I ~ r-- I I I -9- ..... that the Wappinger zoning ordinance is a framework whose fundamental objectives include: Preventing overcrowding of the land and undue population congestion; providing adequate sewage facilities; safeguarding the water table; avoiding flooding and damage from storm water runoff; assuring the free flow of vehicular traffic; encouraging sound management of natural resources throughout the Town; and, preserving the natural beauty of the Town. Toward this end, the present administration has gone the extra mile to strengthen our zoning regulations, and to deal with the chaos we had inherited from the former adminis- tration last year. ..... For example, in April 1984, we enacted a Soil Erosion and Sediment Control Law to protect the environment and landscape during construction. Last December, the Special Use Permit process was upgraded. I believe this section of the ordinance will continue receiving increased scrutiny as the Town strives to limit the commercial activities now allowed in residential areas. Further, the formation of a Citizens Zoning Advisory Council in January -- including active participation by five key members of the Planning Board and Zoning Board of Appeals -- has resulted in a series of major zoning improve- ments this year. And, I might add that all these actions .... I I L___ -10- ~ ... recieved bipartisan support from the Town Board members, despite political differences. While zoning reform has come a long way, we're not out of the woods yet. In the wake of unbridled growth, we've witnessed very damaging effects on our community, including water short- ages, septic waste pollution, flooding, traffic con- gestion, inadequate recreation, and the destruction of environmentally sensitive areas that should have been protected and preserved. When public officials make bad land use decisions, when they ignore sound planning practices, the upshot is that expensive remedial actions must be taken later on. For example, it's vital to preserve as much woodlands as possible, because vegetation typically intercept 90 percent of the rainfall they receive. But, when woods are cleared, the amount of rainfall intercepted drops to about five per- cent. Thus, the amount of stormwater runoff leaving an area increases noticeably as development intensifies. What does this mean? Well, the cumulative results of such increases in runoff are: less water percolates into the ground, paving the way for eventual water shortages; more serious flooding of downstream land; greater demands on storm drainage systems; and, increasing erosion of soils and stream channels. The ongoing drought is a grim reminder "... ~ -11- that we can barely provide sufficient water for our present numbers, let alone doubling the population in this area. In fact, a serious concern about the critial need to protect the quantity and quality of our limited fresh water supplies is voiced in the Dutchess County Master Plan "Directions". The problem is highlighted in the following excerpts from the Master Plan: "Soils with low permeability appear throughout Dutchess County, but are most extensive in the County's western half." That's us folks. "These soils have poor drainage characteristics that severely limit their ability to absorb water and filter wastes." And, "over- crowding of the land that prevents adequate treatment and dilution of septic wates can cause serious health problems by contaminating groundwater supplies." And, "maximum tolerable densities have been estimated for the County based on groundwater quality considerations. For areas that depend on subsurface waste disposal, recommended maximum densities for dwellings are: Four acres, clays and silts; 2.1 acres, thick glacial till; 1.3 acres, thin soil over bedrock; and 0.5 acres, thick sand and gravel." "Local governments should use permeability, depth and other applicable soil characteristics to devise basic limits on allowable development densities." I believe that this approach, town development based on - ~ -12- .... .... soil characteristics, and their ability to provide safe water recharge for our aquifers, and sufficient waste filtration capability, is the key to future land use in Wappinger. A moratorium will buy us sufficient time to perform these essential soil studies and come up with a prudent approach to future development. This six month period would also allow the Citizens Zoning Advisory Council sufficient time to conclude its present review, and allow the Planning Board to overhaul its subdivision regulations. If and when the temporary suspension is declared we will continue to call upon our Town, County, and State officials to contribute their expertise to revise Wappinger's develop- ment blueprint. Beyond that, we remain open and receptive to the ideas of all our Town residents. And, now for the burning issue of the evening: Why can't we undertake these changes without a moratorium? We really have no choice, because the intended revisions are complex and will take up to six more months to plan and execute. During this period, without the moratorium safeguard in place, it's possible that many more sub- divisions could be approved under existing, faulty zoning regulations. Such approvals would contradict and negate the intended changes we are seeking. So, to avoid repeating errors embodied in our present ordinance, it is imperative .... .... -13- that we defer further residential approvals until we clear up the minefields in our regulations. So, ladies and gentlemen, does the Versace Adminis- tration have a clear idea of what we want to accomplish in the event of a six month moratorium? The anwer is a resounding "yes". Now, I would like to turn back the floor to Supervisor Versace so you can share your views with us this evening. SUPERVISOR VERSACE: I will entertain other Board Members' comments now before we take the comments from the audience. Since there are none, I will go to the first row the first two rows are from the news media, news- papers in the area, so I will go and start with the third row, on the left, if there is anybody that wishes to speak, raise your hand, please. Yes, sir. MR. ZAMMIELO: Tim Zammielo, 9 Rich Drive, Angel Brook Estates. Will there be other meetings, other than this one, since we did not have SUPERVISOR VERSACE: Your address, sir? MR. ZAMMIELO: 9 Rich Drive. Will there be more meetings other than this one? SUPERVISOR VERSACE: You're asking me this question at this time? ... MR. ZAMMIELO: Yes. _J ... ....... -14- SUPERVISOR VERSACE: I am here to hear comments. MR. ZAMMIELO: That's what I am asking. If there is going to be additional meetings. SUPERVISOR VERSACE: At this time I can not answer that. If you have comments, however, I will appreciate the comments. MR. ZAMMIELO: My comment is I am a building, and we had the same situation in LaGrange, and it was worked out. They were going to go to a moratorium, and decided against it. They came up with meetings with business people in the area, and developers, and I am curious if something like that can be worked out in the Town of Wappinger instead of a cease and desist type of order. SUPERVISOR VERSACE: Thank you for your comments and going to the next person, then? MR. CORTELLINO: Charles Cortellino, 11 Russ Place. And, it's not a comment, so much as a question. Section 3 where it reads "application for a variance is compatible with the master plan or the proposed amendment to said plan of the Town of Wappinger" do you mean this as an ordinance, or do you mean now as it's amended, or an amendment to the zoning ordinance? I don't understand. SUPERVISOR VERSACE: You're asking a question. MR. CORTELLINO: Yes. How can I comment? .... .... ..... -15- SUPERVISOR VERSACE: I don't have an answer for you this evening. We are having a public hearing, Mr. Cortellino. Do you support the moratorium in the Town of Wappinger, or whatever other comments relating to that. If you have a question, I will answer it, if I can, later. MR. CORTELLINO: Again, Section 3 -- I don't know -- I realize the Town Board appoints members to the Zoning Board of Appeals, that's a power, and somebody is giving the power, can take it away, can take away the power, but once you set up the Zoning Board, whether you can act as a Zoning Board and pass it back to us again, with comments, or indirectly, it's a comment, when you decide if it meets your approval, then it's two Boards acting as one Board, and I don't know if that is legal. That's my comment. SUPERVISOR VERSACE: Thank you. Next? Continuing with the same row? Yes, ma'am? Your name and your address, please? MS. ROWE: Jeanne Rowe. I am the Executive Officer of the Builders Association of the Hudson Valley, based in Newburgh, New York; and I have a paper that I would like to read from. "The Builders Association of the Hudson Valley is a pro- fessional trade association serving the home building industry here in the Hudson Valley. We are affiliated with .... - -16- ~ ... the New York State Builders Association and the National Association of Horne Builders. Since our establishment in 1952, we have seen significant growth in the Mid-Hudson region during the various building cycles, some incorporat- ing sound planning for the future and others, unfortunately, with a sporadic eye at future growth. "We would point out that the bulk of our membership and collective employees are native Mid-Hudson residents whose best interests are served by good planning and orderly growth. "We feel that efficient and responsible town management is the on-going responsibility of its elected officials, regardless of party affiliation or political ramifications. It should not be viewed as a political platform in an election arena. "Our Association is not opposed to a town-wide review of planning and construction; in fact, we wholeheartedly endorse one. Our members estimate that present review practices in the Town, in essence a de facto moratorium, conservatively adds $3000 to $4000 to the cost of a typical single-family residence. These costs relate directly to the additional time needed to obtain building permits and certificates of occupancy and the additional architectural and engineering time required by multiple sub- missions. In ,.... -17- ~ - addition, these delays often cause personal hardship and emotional stress for the future resident of the town. This is reflected in financing complications, missed closing schedules, unnecessary relocation, placement of children in schools, etc. This was aptly reported in the June 27, 1984 issue of the Southern Dutchess News when one of your own town employees lost an opportunity to build their dream home in Wappingers as a result of extraordinary delays in routine building permit procedures. It is of value to note that Wappingers, alone of the towns, villages and cities within our five county association, has this added cost factor. Unfortunately, this cost must be built into the price of the homes, thus the ultimate burden is placed upon the new residents of the Town. We are concerned that this problem, which has existed for 18 months or more, will continue and Wappingers residents will pay unnecessarily more for their homes than those in nearby towns. "The Regional Plan Association, a non-profit civic organization monitoring the region's economy since 1922, stated recently that 'municipalities have to relate jobs to housing. They no longer should allow business and industry to bring new jobs to their communities without giving any consideration to where the people who are going to fill the jobs are going to live.' The Dutchess County Housing Task ..... - -18- Force, recently formed by County Executive Lucille Patterson went so far as to recommend special incentives to builders to encourage construction of affordable housing in an area demonstrating a shortage of available units. "The Town of Wappinger issued 114 building permits for 1984 and for the first six months of this year, tradition- ally the most active time for permit applications, an additional 77 permits for one-family houses, including semi-detached, row, and townhouses. This compares with 328 in the Town of East Fishkill, 174 for LaGrange, and 215 for the Town of Poughkeepsie. These numbers do not substantiate the town's concerns regarding 'runaway growth' in the community. "We have heard on numerous occasions that Wappingers has problems which would be detrimental to their community if not vigorously addressed. Availability of water, impact on existing sewer systems, etc., are valid concerns, but not unique by any means. Several townships, when faced with similar problems in a proposed growth area, have put restrictions in place pertinent to the individual project or area, whether residential or commercial, to protect future homeowners as well as existing surrounding populations until the problems were adequately addressed and ultimately resolved. A blanket moratorium is prohibitive to every ..... ~ ~ -19- .... residential developer and future homebuyer regardless of impact to the community. "Although an artificial shortage would seemingly increase present property values, the long term effects of such action will have the following effects: 1. Lost wages for residents who are stopped from construction work in the Town; those working in service industries related specific- ally to construction activities; and the almost unending ripple effect upon all industries such as restaurants, groceries, gas stations, etc; 2. The lost mortgage tax revenue that the Town would receive from mortgage trans- actions on new homes; 3. The lost sales tax revenue the County would receive thus in turn requiring an increase in County land taxes; 4. Decline in the Town revenue from building permit and related inspection fees; 5. For an extended moratorium, a reduced tax base as assessments must, by law, be reduced for property owners whose use of the land is barred by Town activities; 6. Potential litigation costs from those property owners who would seek to contest the Town's actions through the Courts. "Since the Town, by virtue of its procedures, has in essence stopped growth, the moratorium only seeks to legit- imize current practices. "We would like to offer the experience and expertise ...... - -20- available within our own organization, coupled with the resources of the state and national associations, to assist the Town of Wappingers' officials in their review of exist- ing plans and ordinances, so that the extreme action of a moratorium be deemed counterproductive." Thank you. SUPERVISOR VERSACE: Continuing on, then? Yes, sir? --- MR. RIDER: Mr. Supervisor, Members of the Town Board, I am David Rider, Counsel to the Builders Association of the Hudson Valley, and I have a few additional comments to add as to the -- SUPERVISOR VERSACE: May we have your address? MR. RIDER: I have an office in Newburgh, New York. It is a personal pleasure to be here because you were our guest a few months ago, discussing before our Assoc- iation what you thought the problems concerning planning and building were in the Town. Our responses, we hope, were constructive, and I mean it that way. It is hard to argue with legitimate motives of overall planning. It is easy to argue what has taken place in the Town for the past 18 months. Briefly, it's been arbitrary and capricious, and individual, and unwritten and low-level decision making, and non-decision making, with an inordinate delay and extreme .... .~ -21- expense and arguement. It seems to be "we don't know what to do" and you are all ready to argue that, and somebody thinks they have the right idea, and it's in planning, and "we'll go into it" as opposed to back fighting, when the Planning Board, Town Board, and various officials that have to rule on the applications. We have offered the help of our organization of the Home Builders, a five county organization with 225 members to assist you in the process. We tell you we would like to monitor the process and monitor it for fairness, every case, and monitor it for reasonableness. And, we will look care- fully at everything, and help keep the light shining. Our - purpose, really, as you know, is largely economic for every- body here. We are concerned with costs that people have to pay for builders' products. We are concerned with unreason- able delays. Delays are money. People have to pay in this Town far too much for the product, as a result of the delays and when they are selective, and the rules are not written, bigotry can be the by-rule, who you know can be the by-rule, and that seems to be what is happening here. And, it is a shame and travesty. And so, Supervisor Versace, and Members of the Board, we will stand ready to cooperate with you, and ready to assist you, and we ask you to call upon us. Whether you do so or .... I I '--- - -22- .~ not, we will watch, and we will comment. Thank you. SUPERVISOR VERSACE: Continuing on, then. MR. ELMAN: Herbert Elman, Ardmore Drive. I have lived here, in the Town, for two decades, and remember when the homes were -- and in the last few weeks I've not '"... been able to wash the car, water the garden, and for two years I've not been able to safely make a left turn onto Myers Corners Road, Spook Hill Road, between 4:30 and 6:30 p.m. And, next week I'll not be able to flush my toilet because there is no place for the sewage to go. Yet the newspapers and editorials say "build, build, build" because Wappingers and the people need it. The moratorium is a good idea, a good thing. Examine our resources and plan where we are going. Slow growth is the way it should be done. This Town was developed for too many years without regard to the master plan. And, now we are paying the price. Builders groan and claim an interest, and those moving into the Town __ what about those here. We don't want to slam the door closed, but open it enough so we don't suffer the after effects. The builders have an economic interest to seeing the moratorium defeated. No other interests in the Town, and the ugliness of the new developments, and the lack of planning of the new areas, and the continued need for .... -- -23- variances for squeezing out the extra footings, and improp- erly installed roads, and a list that is endless -- and how many builders are Town residents? The moratorium would ben- efit a great range of people, those here, those that will come, and what we shall have to live with. [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Continuing, then, please. And, I remind the speakers that there is the three minute time limit. .... MS. YANITELLI: Jeannette Yanitelli, Route 9D, Garrison. Mr. Versace, and Town Board Members, we have met many times in the past SUPERVSIOR VERSACE: Your name, and address, again, please? MS. YANITELLI: Jeannette Yanitelli, Route 9D, Garrison, New York 10524. -- and I would like to ask Mr. Incoronato, and the Town Board, whose idea was it for a moratorium, in the beginning? SUPERVISOR VERSACE: I believe tonight's meeting is for a Public Hearing, for us to hear the comments of the public as to whether or not you support it, whether you feel it is good for the Town of Wappinger, whether or not you feel it is good for the Town. And, I think, at this time, if you questions the Members of the Board, as last time this - -24- ~ happened, it did get out of hand, and I believe we have quite a crowd this evening. If you wish to state whether you support or are against the moratorium, and make comments as to that, you may. If you wish to make other comments, or ask questions, you may come to the meeting on Tuesday, September 3rd, or 4th, which is a regularly scheduled Town Board meeting. We can put it on the agenda, and we'll answer your questions then. MS. YANITELLI: Is the moratorium strictly a move to change the zoning plans again? I am against all moratoriums. .~ SUPERVISOR VERSACE: Just your comments, please. MS. YANITELLI: Is the moratorium to give you time to change the zoning plan? SUPERVISOR VERSACE: Again, we made a statement. If you have statements to make relative to the moratorium, we will hear them now. MS. YANITELLI: And, you have defacto zoning in Wappingers, is that correct? SUPERVISOR VERSACE: Again, I will state the fact that this is a Public Hearing. The Board is here to hear the comments from the residents, builders and the professional people. However, you can state your comments relating to supporting the moratorium, or against the ~ ...... -25- moratorium. And, if you have questions, you can come to the meeting. MS. YANITELLI: That's the Tuesday after Labor Day. SUPERVISOR VERSACE: I will answer all questions then. .... MS. YANITELLI: I am against the moratorium for a number of reasons. For twenty years, namely, the property owners in the Town who started to do a project, and then zoning changed, and you can not get anything approved, and you change your laws, and the people who bought the property and have had it for years and years as an investment, and you come along and change the rules on them, and we can not get anything done as far as future planning goes. So, I think your first need is to go to the people who are buying and who have bought and paid taxes in Wappingers, and be in tune to their needs, rather than a moratorium stopping everything. And, I am against the moratorium. Thank you very much. [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Comments from the next person? MR. RAILING: Jack Railing. I am an engineer in Poughkeepsie, I have an office in Wappingers. Good evening, -... - -26- Mr. Supervisor. I would like to say, tonight, that as an engineer submitting plans for many of the builders in the Town of Wappingers, I would like it to be a party of interests in the procedure in the development of this particular ordinance, and I would like to be involved in any of the comment periods relating to the State Environmental Quality Review relating to the ordinance. I had several questions tonight, to ask, relating to the ordinance, but I see we are not allowed to ask questions. I don't recall a Public Hearing where that has happened before, at least not the meetings I've gone to. And, as such I would like to be a party of interest. Thank you. SUPERVISOR VERSACE: Thank you, sir. Continuing with the same row, or going on to the next row? Yes, sir? MR. STENGER: I am Ken Stenger, an attorney residing in the Town of Fishkill. I represent several builders who build in the Town of Wappinger, a lots more people moving into the Town of Wappinger, and I continue to represent people living in the Town of Wappinger. We are a small County, and we rely on each other. It is an inter- related community. The reason I came to the meeting is I hoped to point out I hoped to get more information as to how the proposal will be -- will impact on my clients, the .-.. .... -27- '.... builders; and my clients, the purchasers of homes in Wappingers; and my clients who have purchased homes; and I hoped to address questions, and I hoped to have my questions answered. I had hoped to have an opportunity to ask if this will be applied to subdivisions, and to ask how it's going to impact on the citizens that I do represent. The ideas is that this will impact on nine other communities. My only other comment is that the Public Hearing, Meeting, is being held in a school setting, and I thought that it was not a meeting for the exchange of views, but I hoped that tonight we could exchange factual information, and also exchange views, and ask the Board during the balance of the meeting relevant questions, and to ask the Board to consider to -- to presume what I consider to be a traditional focus for many of the Town meeting being for us, for us to say to you what our feelings are. But, sir, if you are going to be making decisions, and if you are going to be controlling our livelihoods and cultur, then we should be able to ask questions and get answers and interpretations and those are my comments. Thank you. '..... [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Again, the Board is here, this evening, to receive comments from the audience. I will ..... - -28- be glad to dedicate myself to any group of individuals, pro- fessionals, that want direct answers from me. We have a time limit of two and a half hours this evening, and I want to hear from everybody in this room. But, if you people want to set aside time to find out why the moratorium was proposed, I would be glad to discuss that with you. If you wish to know why some problems that I've heard related this evening occurred we can discuss that then, too. It seems that professional people have done nothing wrong in the Town of Wappinger, and the Town Board is doing every- thing wrong. Again, if you wish to set aside time to discuss it, I will be glad to debate the pros and cons of a moratorium. But, tonight I want to hear comments. The last time we had a Public Hearing, it got out of hand, and it was commented in the local newspaper that I was "ring master of a circus". And, I have to agree because the people there, that evening acted like it was a circus. I hope we don't have a repeat of that, but I see the trend going in that direction. We will continue, now with the next person. Raise your hand if you wish to speak, please. Yes, sir? MR. MUKHERJEE: Partha Mukherjee, 18 Spring Hill Court, Wappingers Falls. We bought a house from Landolfi Homes January 27, 1984. At that time I had a temporary C.O. ..... ...... ... -29- And, today, I still have it. I still don't have a C.O. on my house because the builder did not finish the grading and it's not only my house, but every house he built in the whole Spring Court. And, there's erosion in the area. Everything is washing down the drainage system. It's not good. The Builders' Association came four or five months ago to see the whole area, and after that, nothing. Nothing stable has been done, or happening. In the last two years I wrote to the Attorney General, and the Senators, but nothing is done. No progress. It's like a standstill. I don't know what to do with it. I can not sell the house, and I can not move. The whole area of Spring Hill Court is totally a mess. Thank you. SUPERVISOR VERSACE: Any other comments in that row? If you wish to speak at this time, please raise your hand. Yes, sir? MR. BOWE: Bob Bowe, 17 Spring Hill Court. My only comment is I favor the moratorium, as Partha said, before me, our neighborhood is a shambles from the builders who were of no quality, and I feel that it should be the Town's place to take the time to work in the best interests of the people in the Town. Thank you. - ',.. L - -30- ... SUPERVISOR VERSACE: Yes, ma'am? MS. COBBLESCALE: Susan Cobblescale, 15 Spring Hill Court. The builder left us with a 15 foot drop, a cliff, behind the house, four or five foot ruts that he has not fixed yet, and I've lived there a year and a half, and I have no C.O. The list goes on and one with piles of problems with the house, and not just mine, but a lot of the houses. We have to live with these problems day in and day out. He does not care. He does not live in Wappingers Falls even. And, I am still paying for his mistakes, up to $9000. Don't tell me about the figures, low figures, we are paying. We get hit with his afterwards. The Town Board should be responsible for the best interests of those living in the Town, and our best interests are not protected. The Town should take -- inspect it brick by brick to ensure the quality of the building growth. SUPERVISOR VERSACE: Anybody else? Going across in that row? Yes, ma'am? MS. O'CONNOR: Jean O'Connor, Cross Ridge Road, in the same development that the people who just spoke. We moved up four and a half years ago, and we also had a very wise builder who was interested in his own pocket because he declared bankruptcy and skipped town for Florida. And, I am for the moratorium. And, I believe that the issue should ..... .... ..... -31- be checked into for the best interests of all of the people who wish to come to Wappingers. It's a beautiful place, and why the whole Town is going down the toilet for things that are just unnecessary, burdensome, where they promise you the world and it can not be done, and unless -- I'm getting mixed up, but things should be inspected, septic fields definitely have to be placed in the right spot. I'm con- fused again. And, I am frustrated. But, I am for the moratorium, and I feel that that's the best way to go. [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Anybody else in that row? No? Then going to the next row. If you raise your hand I will recognize you. Anybody in the center row who wishes to speak. No? Then, going to the left, anybody in the first row? All right. Second row? Third row? Fourth? Fifth? All right. Then, we'll go to the back, yes, sir? MR. ANDRIE110: Ron Andrie11o, 14 Nancya11en Drive, Wappingers Falls. I am for the moratorium to prevent one thing, developing like in the Hamlet, and what Jeff Hunter did in Pond View Estates. Every house he had a run on gray and vinyl siding. The people changed four or five houses; and some were sold already, but everybody said the same thing, that they got stuck with a bummer. And, every- time you read the Southern Dutchess News, it's a variance - ...... L -- ,..,. -32- for this and that. And, I don't know if you can blame the Town or the Planning Board, but reviews have to be looked at closely. If somebody puts a deck up, and finds they can not __ the builders should know that something is wrong, and if there is a moratorium, it will help this and alleviate going for variances to put up a deck. I hope it would. Thank you. ... SUPERVISOR VERSACE: Continuing, then in the aisle on my left. Anybody? Come up, please. MRS. BYRON: I'm Helen Byron, a resident of the Town, and I've lived here for five years; and I've seen and observed uncontrolled growth in the Town, and it's about time something was done. I am for the moratorium. Our builder is one who went bankrupt, but I was lucky to move into a nice house. But, the rest are all the same siding, with no differences in the houses, and no planning after he went bankrupt. I am for the moratorium. SUPERVISOR VERSACE: The next speaker may come up. MS. KURTZ: Park Hill Drive. I live in the Town of Wappinger for two years, and I want to say I am for the moratorium. People moving into Wappingers will have to pay more money, but it's worth it if they have gotten what they pay for. And, it's worth it because right now they gain .... - -33- nothing if they move into the Town. They may save thousands of dollars now, but they will have to pay for it in the long run. - [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Continuing, then. MS. SERBINO: Allison Serbino, Split Tree Drive, Wappingers Falls. We are all new residents, and we were all concerned; and I feel bad for the hardships that these people who want to buy homes, and are being relocated; but we have been looking around, my husband and I, at these new homes, for about two months now, and it's only because I had my house evaluated by a real estate -- and for the low price they were offering kme, I went to look at the new homes and it was twenty or forty percent more, more or less. And, I am very happy that in the last three years your children have not had to be relocated throughout the school area, and I thank the Board for that. But, I feel that the builders come in here -- the reason that Dutchess County is booming, at this time, is that the money is sitting hre, and they, the builders, come in here, and sell them, and take no responsibility for the schools, for the water; and they don't care, they come in and build and sell and "good bye and good luck". The hardship is that they have the attorneys to fight you with, you people who owe mortgages up ~ .... -34- to the gills do not have the money to fight, or to look for them. So, I am for the moratorium. But, I think it should be for two to five years, not six months. [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: All right. Anybody else who has not spoken, from that side? All right. On the right side, then, anybody wishing to speak? Yes? MR. MILLS: James Mills, 7 Brian Place. As a Member of the present Planning Board, and Past Member of the Town Board, I wish to add a few comments to Mr. Incoronato's remarks, where he said he inherited a bad deal. He was on the original Planning Board, and Planner of the Southern Dutchess 1990, that was rezoned in 1980, so he is part and parcel. Like everything else in the Town, eighty people in the group that went throughl that zoning study, and we were not alone as Republicans, as he's indicating; and it looks like the Town Board is now out of the planning business. I don't understand that. It says that the Town Board is going to have responsibility. I don't know how they can do that. I think, unfortunately, most people don't understand the moratorium. For one thing, you people here a year and a half, is a Democratically controlled Town. You had a Democratic Building Inspector, Democratic Zoning Administrator who gave out your C.O.'s. They are the ones - .... - -35- "... responsible, not the previous administration. Thank you. SUPERVISOR VERSACE: I would like to comment that we inherited, when I assumed office in 1984 [AUDIENCE OBJECTED TO SUPERVISOR VERSACE MAKING ANY COMMENTS AT THIS TIME.] SUPERVISOR VERSACE: I'll save my comments, then, for Tuesday evening. Yes, ma'am? [UNIDENTIFIED FEMALE ADDRESSED THE TOWN BOARD, BUT HER COMMENTS WERE NOT RECORDED.] SUPERVISOR VERSACE: I think that this would be a good time to take a ten minute break. [8:30 P.M.] [8:50 P.M.] SUPERVISOR VERSACE: I call this Public Hearing back to order. And, I ask the Town Clerk to verify that the Board Members are present. TOWN CLERK SNOWDEN: They are all back. SUPERVISOR VERSACE: Starting at my left, then, if you have comments to make, we will be using the same pro- cedure as before. I will entertain your comments, Bernice. MRS. MILLS: Bernice Mills, I live at 7 Brian Place. I served on the Town Board for six years, and was defeated by a very able person, but I would like to make a - .... L -36- ..... remark, that for the six years on the Board, we have held Public Hearings, and Mr. Versace sat on the Board. And, I never heard of a Town Board not being able to answer a question at a Public Hearing. I always thought that that is what a Public Hearing was, what it's about. If you're asked the time, you don't say "I want input". It's only a question. But, to continue, after Mr. Incoronato's camp- aign speech here, I think that time should be used to explain to the people here, who really do not know what a moratorium is all about, and I think he could have used his talents, and explained it to you, explained exactly what a moratorium is all about. Because what your bad builder did, the moratorium will not change. That bad builder is still here, and will still be here. That's up to you to wisely judge who you are going to contract with. Unfortun- ately we have bad people in every phase of life, whether building, banking, garbage, or government. You are going to find them everywhere, and it is up to you, when you spend thousands of dollars to contract with a good guy, or woman, and hope it will be successful, because the people that should be watching that are your building inspectors, who this Board picked. So they are the ones that should be saying that that is not going to change by a moratorium. The way this ordinance is written now, I have to be against ....... ..... -37- .... the moratorium. It's not that I am against it, really. But, in the concept of what I am reading here, and that no question that you can ask is answered, I have to, at this time, say that I am against it. Thank you. SUPERVISOR VERSACE: We will start to my left, and work our way back and forth. MR. RUBENSTEIN: Can I say something from this end? I moved from that side over to here because I thought you were finished. SUPERVISOR VERSACE: Yes. I saw you sitting in the back there, and we will entertain your comments if you have not spoken before. MR. RUBENSTEIN: I did not speak before. Thank .... you. COUNCILMAN McCLUSKEY: Come on down. MR. RUBENSTEIN: Mr. Supervisor, Town Board Mem- bers, I am Jay Rubenstein, living in the Town of Wappingers, 2 Maurice Drive. I was a Planning Board Member until last year. I was on the Board for five years. I heard things said tonight making the two Boards, Zoning and Planning, look bad. Some people remarked about the traffic on Myers Corners Road. Yes. There is an IBM facility there. At the time, when this land came up for developing, the Public was ,... L ~ -38- asked to come to meetings, and they had a choice, 75 to 100 homes, or IBM. Public Hearings were held, no one came out to complain. There were people who complained, but the ratio was for IBM. People believed by putting in homes you have to increase your schools, utilities go up, and it's too costly. And, with IBM, as a good neighbor, the people had a choice. Planning had nothing to do with it. The people made the choice. Second of all, I heard nobody against the developement. Yes, there are developers screwing the public. But, for every bad one there is three hundred good ones. Look at the Town of Wappinger. How many complaints do we really have. We have it against a select few. I do not believe that every developer is guilty of the fraud that's been brought out tonight. Three, plans were presented, questions were asked, people got answers. The biggest problem is the people who bought the homes, their lawyers should have defended them from the very start, should have known what to ask for before the closing took place. Four, there were many times that the Planning Board went to the Town Board for answers, and they said to us "you do it yourself". So, all of the fault does not lie with the Planning ,...,.. ... -39- >- Board, or the Zoning Board, it also lies with the Town Board. Thank you. >~ [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Thank you. Next speaker? MR. HIRKALA: Mike Hirkala, Fowlerhouse Road. Good evening. I was not going to comment tonight, but I was going to leave it up to the others, because in the past, I have had things to say about what's happening in the Town, and for that reason I decided I would comment. First of all, a comment was made about the fact of the studies that were made prior to the passing of the 1980 Zoning Ordinance revision. I happened to be on the same Committee and I have to point out, out of the political spectrum, the then Chairman of the Planning Board was of the opposite party of the Town Board majority and he stood up and said, himself, that that is not what he recommended as the Zoning Ordinance for the Town of Wappinger. And, the planners, who was hired by the Town, and paid by a Federal Grant, at the time, took their names off the zoning Ordinance, as presented to the public, for the Public Meeting. And, that Zoning Ordinance is the one we live with today. And, the map itself was not a matter of discussion to the public. The map was revised by the Town Board that then sat, without public input '...... ....... -40- whatsoever. And, the Zoning Ordinance, as written, was a revision that was made from the one that was presented by the Citizens' Committee, which was made up of many many people of many many different facets, not just one group or another; and, compromise went into it, and what was finally presented by the then sitting Town Board, and I can not tell you what the political make-up was, of the Town Board, but the decision to pass that Zoning Ordinance and map, was a political decision, in my opinion. That's what we are living with today. That's the reason we have problems in the Town of Wappinger today. And, nobody can tell me we don't have problems today, because I go to the meetings, and have been watching for many, many years. The fact of the moratorium, I am not going to say if we should or should not have it, there is good and there is bad, but if you are going to have it, have it for the right reasons. The Hudson Valley Builders Counsel has valid arguements, but I don't think they hold water. The fact of the cost of housing I don't think the final cost is reflection of the market, not to any great extent, as to what the Town does or does not do. The cost of the land, in the Town of Wappinger, and in the Town of East Fishki11, is roughly equal, within a few thousand dollars $150,000 for a house in East Fishki11, and $153,000 in the Town of Wappinger -- it's one versus the - ,.,. I ----, ..... -41- other. Argue that out and try to get it down. But, the fact is that the cost of building in the Town is not going to be hurt by a moratorium. The Town does need time to sit down and do the planning, but put the moratorium in perspective. What you do with it is something else. If you support the moratorium, you have to support and push for the fact that the Town Board, and whoever is behind them, as far as citizens are concerned, will do something with it. Take that time and put it to progressive use, to end up with a product we can live with. We've had moratoriums before, political footballs; don't make it a political football. If the Town does benefit, it is going to be because we takethe six months and do something with it that's where the arguement belongs. will we do something with the time given to us? .... [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Again, if you've spoken before, please wait until those who have not spoken have. If you do have comments, please make them brief because we only have about an hour left. Going by the first three rows, who are the news media, andddd yes, Mr. Cortellino? MR. CORTELLINO: Charles Cortellino, 11 Russ Place. I was up before, I didn't state that I favor the concept of the moratorium. And, like Mike said, put it to .... -42- ~ ...... constructive use to see where we go. We have water and sewer problems, and also -- I'll not use the word -- how do you prevent problems that we have with the builders? I've heard it earlier, how there are a few builders -- and I would like to say that they are bad. And, in 1964, when I moved in, in '65, when the rains came -- I heard that there was one bad builder. There seems to be in New York a bunch of guys, good guys, and one bad guy. Either straighten him out or we're in trouble. For 20 years I've lived here. I don't wish to go on record, because I -- but I defy any builder herea to name one developer that did not go to the Town Board complaining about roads. This is not done. How would you like this, Mr. Lawyer, how would you like a house with a rear door off your dining room, and no deck, no deck is possible to be built? What do you do with the builder? And, you don't know that you can't put a rear deck up until you come before us, the Board, and we send it to the zoning Board. We're limited in what we can give, by State Law. And, we have to bar out the people [SIC] going contrary to law because builders violating that that's a better word than "screwing" -- but violating it and I support it, if we can get something constructive out of it. SUPERVISOR VERSACE: Continuing on, then, going across, raise your hand if you wish to speak a second time. -- - -43- -- Yes, in the second aisle, Mrs. Yanitelli? MRS. YANITELLI: I would like to say that I've heard the problems in the room tonight, and having a long history in the building and development business, and you have the Town Board, Building Inspector, bank inspectors who don't give the money unless it's finished. That's in the past. Don't penalize the good developers with good engineers, and the people with property since 1958, who have watched the Town of Wappingers and nothing has happened since 1958. It's still in the same position. Nothing has changed. Every time an interested party wants to do some- thing, we have another zoning change. And, that change is whatever you wish to do. And, then, nothing is feasible. And, I don't think that a Board that takes a position of the Town Board, you are to go with the area, with the changing times, and the 1985 ideas are things to incorporate, and not devaluate somebody's property, or take it away, so they can not use it, so it's going to be a Town Park. Let them use it to be developed as it was planned to be used. And, the industry in Wappingers will not sit here because you are not going according to the plan of too much growth. And, I strongly advise you, and the citizens, to get together to absolutely go into depth about a moratorium, because you are delaying it. It's the same problems as before. And, now to ~ ..... -44- make every person in the Town do what you are supposed to do you will not have the problems that you've heard here this evening. But, don't penalize the people with good lands to provide housing for people moving in. [SIC] SUPERVISOR VERSACE: In the center aisle, is there anybody else? All right. On my left? Yes, sir? MR. SAILER: Ed Sailer, Fox Hill Road. I have been listening to lots of comments tonight, and I don't have an ax to grind, one way or the other, I don't think. But, it is interesting that builders feel a disruption of their bus- iness will hurt them, and I don't think we can deny that. We have to live with the business cycle as it is. And, it is difficult enough to make a living in some of the businesses, and some tradespeople are our neighbors. On the other hand, we have residents who feel, for a variety of reasons, that growth should be arrested, and that is easy to understand. I drive throughout the Town too. But, driving in the Town, or Myers Corners Road, or whatever, where ever you are, is not a factor of building that much in the Town, in my opinion. [SIC] It's fine that there are jobs in the Town, but what you have to do is go and put a moratorium on the jobs in the Town, like IBM, for example. You are going to have the traffic regardless of the people living in the Town of Wappingers, or poughkeepsie, or anyplace else. The ~ ... - -45- traffic is here, and it is because of the jobs, and growth, that you see in the Town, and it is consistent with the master plan, and so is the ordinance. The arguement about bad builders is an arguement that does not belong in the moratorium, and will not effect it. The sewer and water are problems, but they don't -- are not involved with a total moratorium. You can have a moratorium and still have those things, so I am oppposed to the mora- torium. .... SUPERVISOR VERSACE: On my left, are there any- more comments? If not -- going to the right, are there any comments? There are none. Then, I will ask for a motion to close this Public Hearing. COUNCILMAN McCLUSKEY: SUPERVISOR VERSACE: I would like to speak. Mr. McCluskey would like to make a comment. COUNCILMAN McCLUSKEY: First, I would like to thank everybody for coming tonight. I was hoping I would not have to get up here and make any comments. But, it was obvious, when I sat down, that we were not going to have a normal Public Hearing. I would like to caution everybody here, Labor Day is Monday, and every other year in the Town of Wappinger, that is the beginning of the silly season, when elections come up. And, we have to make as much ,.. L___ - - - ...... ~ -46- political hay as possible. So, whether it be good taste or form, some people, as Mr. Incoronato did tonight, used the Public Hearing to make a politial speech. I find that quite regrettable, and I apologize for Mr. Incoronato to you, the people who carne here to the Public Hearing. I am also quite disappointed that I, as a Town Board Member, was not told what the ground rules would be for this Public Hearing. Because, had I known what they would be, I would have told you to stay home and watch the boob tube. As far as I am concerned a Public Hearing is just that. You invite the public, pro and con, to corne to a meeting to ask questions and to get answers about this moratorium. And, by what I say tonight, don't assume that I am for or against it. I am not talking about that now. But, I will say this, this moratorium is probably one of the most serious, and most impacting pieces of legislation that the Town Board, or any Town Board, has ever yet considered in this Town. And, I feel that this thing is being railroaded through. Mr. Versace told us that we have to be out of here by 10:00. He did not make the rules. The school told him to be out by 10:00. However, I think, had there been a lot of people here, with questions and answers, and more time was needed, we should have made sure that we had a building to stay in until 2:00 a.m., if need be. The builders spoke and asked ~ -47- for time to ask questions. Mr. Versace said to contact him and he will give the builders that time. I would like to see the Town Board give everyone the time to ask questions. I think that the public has that right, whether they support the moratorium or don't support it. But, the most important part is I want the people who don't know what the hell is going on to ask questions, to find out. Frankly, I read the moratorium, and I don't understand it yet. I understand what the words on the paper mean, but when I put them toget- her as on a piece of legislation, I am lost very quickly. Perhaps, if I read it ten or twenty times, it may make sense. But, I have to say to myself, why does the public criticize the politicians? Because they don't tell the public what is going on. And, I think that the public many times is right, because the politicians are telling the public what is going on, and the public has questions. If the public has questions, damn it, answer them. Thank you. --- [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR VERSACE: Are there any other comments to be made by the Board Members? Yes, Mrs. Paino? MRS. PAINO: Good evening. I'm Irene Paino, Councilwoman from the Town of Wappinger, Ward Three. You will have to excuse my voice, I've a cold, but bear with me. ..... L - .... -48- live been to a number of Public Hearings myself through- out the course of the last five years. And, generally speaking when questions are asked, that are germane to the subject at hand, in the past, they have been entertained and answered. And, I feel that the number of people who have attended this meeting, tonight, are going home with their questions unanswered. I do not feel that that is approp- riate. I do feel that those people who have questions should have had the opportunity to voice their questions, and have them answered, or at least some type of answer given. As a Town Board Member I certainly have a number of questions with regard to the ordinance itself. Several weeks ago the Town Board had a workshop meeting, and at that workshop meeting Councilman Incoronato gave a twenty minute dissertation as to why we should have a moratorium in the Town of Wappinger. And, at the end of his presentation I told him, in concept, I agreed. I feel that lots of things, perhaps, have gotten out of hand, whether it be certain Town employees not doing their jobs properly -- and if that's why it's out of hand I was not sure. But, what I did say was hat I would like to do before the Town Board jumps feet first into a moratorium. And, that would be for the entire Board to sit down together as representatives of the people of the Town of Wappinger, regardless of political - --- - -49- ~ affiliation, and hammer out exactly what is to be accomp- lished during the course of the six month moratorium. And, if the Town Board calls for a moratorium, and the problems are not addressed, and solutions are not found, then after six months we are back where we started again. And, I've lived in Ward Three, and Ward Three is the area of the Town that has the fastest growing developments in the Town of Wappinger at this time. And, at this particular workshop meeting Supervisor Frank Versace, and Councilwoman Renata Ballard, and Councilman Joe Incoronato agreed that we will sit down, all five of us, as the Town Board, and discuss what is to be on the agenda for the six months. Also, we all agreed as to how we will go about seeking a review process, and that's not been addressed yet. The State requires an Environmental Impact Statement, long form, short form, and SEQRA review process is required, but the Public Hearing for the moratorium is called, and they say, "let's decide that, and sit down with the attorney, and see what the ramifications will mean if we call a moratorium" because last summer the idea of a moratorium was brought up and the same Town Attorney counseled us against it, and I want to know why is it okay to call it this time, this year, and not last year. Last summer the attorney indicated that the Town would better spend its money because, he indicated, that the ..... ..... -50- Town would be opening itself to possible litigation and it's better to spend our money on assessing and zoning in the Town, and going through administrative processes, rather than spendihg tax dollars, and putting it into the lawyers' pockets in litigation. And, then, the Town Board abided by their counsel. So, as I said, I asked that we sit down and discuss it, and see what we are going to do in the six months. And, the Supervisor indicated that he will set up another workshop before anything was done, so we, as rep- resentatives of the Town, would all have input into what course we'll take. And, if we have a moratorium, exactly what will go into the moratorium ordinance, and I left the meeting with a good feeling, that politics will not playa part in the proposed moratorium. Then, a few days later I received a phone call from a member of the media sitting in the audience tonight, indicating that Councilman Incoronato called him and said that the Democrats decided to call a moratorium, and how did I feel about it. And, I said "it's news to me. We were to have another meeting and discuss the manner and way the moratorium would be implemented". So, I said that I would rather not comment, at that time, because I had no discussions on it with the other Town Board Members. And, then I read in the papers that at the next meeting the Town was going to vote on the concept of the -- ..... L ...... -51- moratorium. And, instead, when I arrived at the Town Board meeting, this ordinance was placed in front of me, and if I had not seen it before, I still have questions, and I wonder how many people in the audience really have had an oppor- tunity to read exactly what the language of the moratorium says. If you think that the moratorium is going to stop all building in the Town of Wappinger, I suggest that you read this because that is not what it says. [SIC] The moratorium fails to act exactly, and precisely outline what is to be accomplished during the six months. And, I find myself in a difficult situation, here. In con- .... cept I agree with the moratorium, but I do feel that the Town Board should sit down and address the problems. Yes, there has been a Citizens Advisory Counsel that was formed in January 1985. And, they have done some updating on the zoning ordinance, and they've done a good job on it, but they have been acting under the direction of Councilman Incoronato, and I feel that if he felt that the zoning in the Town was such an important factor, perhaps he would have done better to direct his fellow members to attacking the zoning ordinance first. I certainly hope that we will have another meeting so you can ask questions, and maybe get answers to your questions. And, I hope, as Mr. Versace i i I I I I I ~ indicated, that we'll make the time to answer your questions .... ~ -52- ..... and that the Town Board will have the opportunity to sit down, as a Town Board, and discuss further the language of the proposed moratorium. Thank you. SUPERVISOR VERSACE: Since most of the Board Members have spoken, I think I should have that privilege. I had indicated this evening that I was here to hear comments. Mr. McCluskey said that the "silly season" has started, and I know what the "silly season" is about. I have been there five times, and I have attended more Public Hearings than the four Board Members have in their years on the Town Board. A Public Hearing is just that. It is a hearing to hear comments of the public, and for the Town to evaluate those comments. And, I have been at enough Public Hearings to know there is going to be fifty percent for, and fifty percent against. I do resent some comments that were made this evening. Yes, my administration took over in '84, and I did inherit some officials that were there. And, that comment that was made -- that was because of inspections that were related to the problems we have now. You have to remember that we have civil service jobs in the Town and no administration can fire a civil service employee, although we would like to sometimes. But, I would take the blame for any official that has been appointed under my administration since the .... - -53- .... latter part of '84 on. We have talked about this as a political issue. I don't believe it. But, if Mrs. Paino is unsure of herself, or Mr. McCluskey does not know what is going on, then they should spend more time in the Town Hall. Then they will find out what is going on. If they would spend time with the resi- dents that I've spent time with, they would know what is going on. I've gone to the areas. I've taken members of the Hudson Valley Builders Association to Spring Hill; and I've gone to different areas where there are different prob- lems. I have received phone calls, continually, in my office, not with old problems, and not with developments that have been here ten or fifteen years, I'm talking about a development that's two or three months old. Those resi- dents are not here tonight, but they are documented calls into my office. If we are going to support a moratorium in the Town it does a lot. The builders have said it, if it's beneficial they will accept it. And, the builders complained a year or a year and a half ago in the Town, but what they don't tell you is the process that has to be undertaken. They make it look like it's all in the office, that that's where the hold-up is. But, it has to go through procedures, and go to the Planning Board, and it has to be passed through the - -- -54- Planning Board, and it does take time and there is nothing wrong with that. Yes, we have a stricter procedure for the submission of plot plans. And, I say it takes time. Of course it does, if you do it right. And, if you wish to see the submission of professional plot plans in the Town of Wappinger rejected two or three times -- and we're supposed to pass them? I had one yesterday, and I asked the engineer to come down and look at it, it was rejected. And the Zoning Board of Appeals had a special meeting on Cedar Creek for an individual that wanted to get into that home, and needed a variance. And, I am not talking about a develop- ment that's ten years old, I'm talking about a development that is still being built. And, they needed a variance, and we gave that individual a break, and gave him the variance, yet his plot plan is now rejected. How can you blame the Town if the plot plan comes from the engineer and developers during the building of it in the Town. We, as Officials of the Town should not have to pass that. We are paying the cost of the '60s and '70s now, undergoing a drainage program [SIC]. And, yes, we are look- ing at the water, sewer, septic systems. We have a Public Hearing on the sewer improvement for $6,000,000 plus, and we are going in the right direction. I asked for cooperation from the Builders Association, and I've had the present -- .".. ...... . -55- President in my office, and given him all my time. I take them as groups, and all I said to them, if you work with me, fifty percent, I will work with you fifty percent. And, I can assure you that in the lat six months it's been about seventy/thirty. That's the motivation. I've lived in the Town of Wappinger for a long time, and I've been on the Town Board for ten years, and attending the meetings for fourteen. And, I tell you, a moratorium could be good for the Town, could be good for the community, if everybody accepts it, and if everybody works with the build- ers, and the Builders Association. The Builders Association has offered help this evening. But, how sincere are they? If they are sincere I gladly will accept their help. If they are not, I don't want it. What is good for the Town of Wappinger is what I am concerned about. If the builders want to build, they are welcome to do it in the Town, but I resent some of the Board Members sitting here saying it's "silly season". Yes, it is "silly season". But, I've seen the same two Board Members never come into the Town Hall. How do they know what is going on in the Town of Wappinger? We have to send their mail out to them half of the time. What -- how do they know what is bothering the individuals? The only time they show up is when it is a positive thing, they don't want to hear .... ..... "-' -56- about the problems, they just put them aside. And, this is wrong. We were not elected for that. I've heard Mrs. Paino state, here, tonight, that if I had workshop sessions we would work together. I would like to believe that. And, yet to see her work with the Town Board -- and she's told me that she's going to work against us for anything cons- tructive, and to see her stand here, because of the Press Media, and Builders Association being here, and because we have some residents, and then say "I'll work with the Town Board" -- she's had the opportunity for that for the last eighteen months. And, I resent the fact that she's offered this evening, because it looks good, and it does not look good when I have to sit here. I did not want to get up and talk this evening. That's not what this evening is for. We are here to hear the residents, to listen to the resi- dents, and the builders, and the professionals and get their input. Yes, this has turned into a political football. The comments made about Joe Incoronato -- why not? Every press release in the Poughkeepsie Journal -- "What plan of action do you have?" He's tried to give you a plan of action in his best words. It may not sound right to you, but the meaning was there. Why not listen? Why not try to under- stand? The builders did not want to hear it. They think Mr. Incoronato is against the builders in the Town. He's - ... - ~ -57- not. He's been speaking to the Town Board for many years about good quality. And, the residents at Spring Hill -- let the builders go out and straighten out the problem, but -- they are residents of the Town since '83. Do we put them aside, push the residents of the Town aside, or put the past residents aside? [SIC] I don't feel that way. All I am looking for is good growth in the community. If you can given it to me, I will accept it. But, I can not see the Zoning Board spinning the wheels of consent. [SIC] The gentleman talking about violations, there. Do you think the residents created the violations? No. The builders did. They sold you a bag of goods. You can't put a fence in? Why kind of living is that? Make the builder aware. Did you do that? No. Cedar Creek has the same problem. New Hamburg has the same problem. Don't make it look like it's the Town's fault. It's you people, not the builder. Better planning will not let that happen. We are not shoe-horning everything into the Town of Wappinger. We are not building because it looks good for you. We have an obligation. If you people sit there and say "I think it's the place of the Association and Frank Versace II to correct it, or whatever; and then to set there, smiling, I resent that. Nobody takes me seriously. I am serious about the Town .... ..... - -58- r of Wappinger. And, I look at Bill Parsons, there, the Southern Dutchess News' Managing Editor, and he says that I am arrogant. He invented the word. And, he's the only one I will take a shot at, because I know I'll never get into his paper, positively. If you wish good building in this Town, if you builders are sincere, and Jack Railing is sincere about engineers, and if you want input, volunteer and don't stand up and just spin your wheels. Say "yes". Don't do the same thing you've been doing. I will welcome help. I will welcome all the help we can get in the next six months. But, I want sincere help. If it's not sincere, I'll let you know. And, if the Board Members are not sincere, I will let them know. The Town of Wappinger is important to me, maybe not to others, but it's important to me. I've lived here all my life, and intend to live here a lot longer. Yes. It is political. And, every two years it becomes political. It's always political. It's always going to be political. And, the Board is. I've been through a moratorium before, in '74, and it was oppposed by the Democrats, it was proposed by the Republicans, and you didn't hear political cries then. Only when the Democrats introduce it. And, why not? The man is the Editor of the Southern Dutchess News. And, he should not take shots in the paper when I don't have the oppor- ...... ... L - ... -59- tunity to reply. He's a Member of the Planning Board, and he's a resident, and he's got a right to say things, but he has got to make a choice. Do it so I can respond. I've done a good, sincere, honest job for the Town of Wappinger as Supervisor. If you wish to call that a political speech, fine. I've been here ten years, and I want to see anybody watch my record of ten years of dedi- cation that I put into this town. There's not a person in this room that can say that they put in the time and effort and concern that I have. I was not going to get up here, tonight, I really was not. But, I refuse to have Members of my Board sit here and call this the "silly season", and say "I'll work with you" and yet never made that effort in the last eighteen months. At this time, I will ask for a Motion that this Public Hearing be closed. *COUNCILMAN INCORONATO: So move. *COUNCILMAN McCLUSKEY: So move. SUPERVISOR VERSACE: This Public Hearing is ,.,.. closed. [9:30 P.M. PUBLIC HEARING CLOSED.] *MOTIONS MADE SIMULTANEOUSLY. -00000- ~ '4W' -60- - Certified to be a true and accurate transcript. DATED: September 3, 1985. ,LuL(L\,L '~ PHILIP E. STILLERMAN, RPR INDEX JOSEPH INCORNATO 7 RON ANDRIELLO 31 TIM ZAMIELLO 13 HELEN BYRON 32 CHARLES CORTELLINO 14 MARY KURTZ 32 JEAN ROWE 15 ALLISON SERBINO 33 ,.... DAVID RIDER 20 JAMES MILLS 34 HERBERT ELMAN 22 BERNICE MILLS 35 JEANNETTE YANITELLI 23 JAY RUBENSTEIN 37 JACK RAILING 25 MIKE HIRKALA 39 KEN STENGER 26 CHARLES CORTELLINO 41 PARTHA MUKHERJEE 28 JEANNETTE YANITELLI 43 BOB BOWE 29 ED SAILER 44 SUSAN COBBLE SCALE 30 GERARD McCLUSKEY 45 JEAN O'CONNOR 30 IRENE PAINO 47 FRANK VERSACE 52 r ,.... I L--_