1989-12-14 SPM1
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2 TOWN BOARD : TOWN OF WAPPINGER
COUNTY OF DUTCHESS : STATE OF NEW YORK
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4 SPECIAL TOWN BOARD MEETING IN REFERENCE
TO THE PROPOSED AMENDMENTS TO THE TOWN
5 OF WAPPINGER ZONING ORDINANCE
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6 December 14, 1989
ROY C. KETCHAM HIGH SCHOOL
7 Wappingers, New York
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TOWN BOARD
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10 SUPERVISOR IRENE PAINO
COUNCILWOMAN CONSTANCE SMITH
11 COUNCILMAN VINCENT FARINA
COUNCILMAN ROBERT VALDATI
12 COUNCILMAN DAVID REIS
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_ ALSO PRESENT:
14
RAYMOND ARNOLD, AICP
15 Consulting Town Planner
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HERBERT J.LEVENSON
17 Zoning Administrator
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ELAINE SNOWDEN
19 Town Clerk
20 GLADYS RUIT
Deputy Town Clerk
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22 Robin E. DiMichele
Senior Court Reporter
23 State of New York
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2 THE COURT: I'd like to call the special Town
3 Board meeting to order.
4 THE CLERK: Mr. Farina?
5 COUNCILMAN FARINA: Here.
6 THE CLERK: Mr. Reis?
7 COUNCILMAN REIS: Here.
8 THE CLERK: Mrs. Smith?
9 COUNCILWOMAN SMITH: Here.
10 THE CLERK: Mr. Valdati?
11 COUNCILMAN VALDATI: Here.
12 THE CLERK: Mrs. Paino?
13 SUPERVISOR PAINO: Here.
14 THE CLERK: All present.
15 SUPERVISOR PAINO: Thank you, Elaine. Please
16 stand and join the Town Board and myself in the
17 pledge of allegiance as we do at our regular Town
18 Board meetings.
19 (Whereupon the pledge allegiance was recited)
20 and a moment of silence observed)
21 SUPERVISOR PAINO: As we mentioned during the
22 public hearing we have received correspondence back
23 from the Dutchess County Department of Planning,
24 and they had eight recommendations regarding the
25 proposed zoning revisions. We held a workshop
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2 meeting on Tuesday evening to formulate our
3 response to the County. I would like to go through
4 each one of those items and I would ask that you
5 please listen attentively, and that the Town Board
6 each has a copy of this, and that we vote on
7 adopting these responses.
8 The first response has to do with the comment
9 from the County. It says replacement -- They want
10 replacement of significant areas of commercial
11 zoning or zones pertaining to commercial uses with
12 zones that are in conformance with the policies of
13 the Town Plan and County Planning policy. And the
14 response of the Town Board put together was that
15 the Town Board in conjunction with the Growth
16 Management Committee has reviewed the bulk and use
17 regulation of both the HB -1 and he HB district.
18 This question has also be the subject of extensive
19 staff review and discussions and extensive input at
20 both prior public hearings. It is the considered
21 opinion of this Board that the current zoning plan
22 under discussion allows in some retail uses while
23 removing automotive uses in the HB -1 zone,
24 principally vacant lands to better serve the needs
25 of the Town while complying with the goals outlined
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2 in the plan. I'd like to introduce a motion
3 accepting this response. Do I have a second?
4 COUNCILMAN FARINA: Aye.
5 SUPERVISOR PAINO: All in favor.
6 COUNCILMAN VALDATI: Aye.
7 COUNCILMAN REIS: Aye.
8 COUNCILWOMAN SMITH: Aye.
9 COUNCILMAN FARINA: Aye.
10 SUPERVISOR PAINO: The second item is the,
11 calling for the elimination of those areas of
12 highway business zoning along the west side of
13 Route 9 that effect the Greenfly Swamp, and the
14 response that we put together was that the areas of
15 highway business zoning along the west side of
16 Route 9 shown in the proposed zoning map were
17 pre-existing prior to the Town Board and Growth
18 Management review of the Town Master Plan and
19 zoning ordinance. These areas have not been
20 altered by the proposed zoning ordinance.
21 Furthermore, the Town Board has protected the
22 Greenfly wetland by designating it as a critical
23 environmental areas. I entertain a motion to
24 accept this response.
25 MR. REIS: So moved.
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2 SUPERVISOR PAINO: All in favor?
3 COUNCILMAN FARINA: Aye.
4 COUNCILMAN VALDATI: Aye.
5 COUNCILWOMAN SMITH: Aye.
6 COUNCILMAN REIS: Aye.
7 SUPERVISOR PAINO: Item number three, the
8 County stated that they wanted to see a significant
9 reduction in the length of the general business
10 zone on the south side of New Hackensack Road near
11 its intersection with All Angels Hill Road, and the
12 response of the, Town that the Town Board put
13 together was this; with regard to the length of the
14 general business zone on the south side of New
15 Hackensack Road near its intersection with All
16 Angels Hill Road, the Town Board agrees that the
17 zoning should remain as reflected on the proposed
18 zoning map, this since this location abuts the
19 Dutchess County Airport, it is an appropriate area
20 to serve some of the needs of our high density
21 population. In addition, a number of businesses
22 are already in existence along the length of this
23 general business zone. I'd entertain a motion to
24 accept this recommendation.
25 COUNCILWOMAN SMITH: So moved.
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2 SUPERVISOR PAINO: Second?
3 COUNCILMAN FARINA: Second.
4 SUPERVISOR PAINO: All in favor?
5 COUNCILMAN REIS: Aye.
6 COUNCILMAN VALDATI: Aye.
7 COUNCILMAN FARINA: Aye.
8 COUNCILWOMAN SMITH: Aye.
9 SUPERVISOR PAINO: The fourth item is calling
10 for the elimination of all Hamlet business zones
11 east of Route 82, and within the floodplain of the
12 Sprout Creek in the Hamlet of Schwartoutville. The
13 response that the Town Board put together was that
14 the Town Board in conjunction with the Growth
15 Management Committee reviewed the proposed mapping
16 of the proposed hamlet district along Route 82. A
17 review of the existing uses leads the Board to
18 conclude that extending the hamlet district to both
19 sides of Route 82 will, in effect, allow for more
20 control of the area between the road and the creek.
21 Furthermore, Section 460 of the Town ordinance
22 specifically protects floodplain areas. I'd
23 entertain a motion to accept this response.
24 MR. REIS: So moved.
25 SUPERVISOR PAINO: Do I have a second?
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2 COUNCILMAN VALDATI: I'll second.
3 SUPERVISOR PAINO: All in favor?
4 COUNCILWOMAN SMITH: Aye.
5 COUNCILMAN FARINA: Aye.
6 COUNCILMAN REIS: Aye.
7 COUNCILMAN VALDATI: Aye.
8 SUPERVISOR PAINO: Item number five calls for
9 the removal of highway business uses such as
10 automobile dealerships in the neighborhood business
11 district, and the Town Board responded in this
12 manner. The Town Board agrees to remove the
13 automobile dealership uses from the neighborhood
14 business district. I'd entertain a motion to
15 accept this response.
16 COUNCILMAN REIS: So moved.
17 SUPERVISOR PAINO: Do I have a second?
18 COUNCILMAN VALDATI: I'll second.
19 SUPERVISOR PAINO: All in favor?
20 COUNCILMAN FARINA: Aye.
21 COUNCILMAN VALDATI: Aye.
22 COUNCILMAN REIS: Aye.
23 COUNCILWOMAN SMITH: Aye.
24 SUPERVISOR PAINO: The sixth item the County
25 called for is creation of a district for high
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2 density housing, for example six to ten units per
3 acre or a creation of affordable housing floating
4 zone, or amendment of the PUD to allow at least a
5 20 percent density bonus for the provision of
6 affordable housing. The Town Board formulated this
7 response. That is, that the Town Board, in
8 conjunction with the Growth Management Committee,
9 reviewed the question of affordable housing, the
10 thrust of the proposed zoning changes and the
11 comments and suggestions from the County. It was
12 concluded by the Board that the inclusion of either
13 an affordable housing floating zone or the use of
14 density bonuses was not compatible to the remainder
15 of the zoning plan inasmuch as that provision
16 already exists to allow for such increases. See
17 Section 442 and/or Section 425 if the need arises.
18 The Town Board also concludes that a density of
19 from six to ten units per acre is incompatible with
20 the existing suburban densities throughout the
21 Town. The Town Board has, however, requested that
22 the Planning Board indicate the areas of the Town
23 wherein the existing multi -family districts are
24 MF -3, RMF -5 so it may properly be mapped in
25 accordance with the parameters that are normally
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2 required for such higher densities. It is
3 anticipated that such area will be included on a
4 supplement to the land use plan. I'd entertain a
5 motion to accept this recommendation.
6 COUNCILMAN REIS: So moved.
7 SUPERVISOR PAINO: Do I have a second?
8 COUNCILMAN VALDATI: I'll second.
9 SUPERVISOR PAINO: All in favor?
10 COUNCILMAN FARINA: Aye.
11 COUNCILWOMAN SMITH: Aye.
12 COUNCILMAN VALDATI: Aye.
13 COUNCILMAN REIS: Aye.
14 SUPERVISOR PAINO: Item number seven. It
15 calls for the relaxation of standards for
16 conversions of existing dwellings. The Town Board
17 formulated this response. The Town Board rejects
18 this question outright, this suggestions outright,
19 I'm sorry. The purpose of the conversion is to
20 allow the use of older residential structures,
21 pre-existing before zoning to be converted to a use
22 more in tune with modern society. I'd entertain a
23 motion to accept this response.
24 COUNCILMAN REIS: So moved.
25 SUPERVISOR PAINO: Do I have a second?
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2 COUNCILMAN FARINA: Second.
3 SUPERVISOR PAINO: All in favor?
4 COUNCILWOMAN SMITH: Aye.
5 COUNCILMAN VALDATI: Aye.
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COUNCILMAN REIS: Aye.
COUNCILMAN FARINA: Aye.
THE COURT: The eighth item calls for
9 inclusion of the PUD or use of other performance
10 zoning techniques on the Myers Corners site
11 designated in the Comprehensive Plan as mixed
12 office retail. The site is located on the north
13 side of Myers Corners Road west of its intersection
14 with All Angels Hill Road. The Town Board's
15 response is as follows. The Town Board has agreed
16 to maintain the PUD district in our land use plan,
17 however, since the current division and ownership
18 of the parcels referred to on Myers Corners Road do
19 not lend itself to the criteria for the PUD zone,
20 we decided not to depict it under the proposed
21 zoning map. I entertain a motion to accept this
22 recommendation.
23 COUNCILMAN REIS: So moved.
24 SUPERVISOR PAINO: Do I have a second?
25 COUNCILMAN FARINA: Aye. I'll second it.
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2 SUPERVISOR PAINO: All in favor?
3 COUNCILMAN FARINA: Aye.
4 COUNCILMAN VALDATI: Nay.
5 COUNCILMAN REIS: Aye.
6 COUNCILWOMAN SMITH: Nay.
7 SUPERVISOR PAINO: All right. We had two nay
8 votes. I would like to ask if you care to explain
9 your nay votes since this is something that was put
10 together during our workshop meeting the other
11 evening?
12 COUNCILWOMAN SMITH: Yes. I didn't agree
13 with it at the meeting I don't agree with it now.
14 SUPERVISOR PAINO: What do you feel it should
15 be, Connie? You feel it should be on the map?
16 COUNCILWOMAN SMITH: Yes.
17 SUPERVISOR PAINO: Well, do you care to
18 COUNCILWOMAN SMITH: I don't think I have to
19 answer anything further. I said yes, I would like
20 to see it on the map and my vote is nay.
21 SUPERVISOR PAINO: If you feel that strongly
22 that you feel it should be shown on the map then I
23 would like to change my vote and say aye, that I
24 would like to -- rather I would like to change my
25 vote from before and vote nay. Does anybody else
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care to change their vote?
COUNCILMAN REIS: Nay.
COUNCILMAN VALDATI: Nay
COUNCILWOMAN SMITH: Nay.
COUNCILMAN FARINA: Five nays.
SUPERVISOR PAINO: Moving on. I would like
8 to introduce a motion accepting a negative
9 declaration regarding the proposed changes to the
10 zoning ordinance. Do I have a second?
11 COUNCILMAN REIS: I'll second.
12 SUPERVISOR PAINO: Al]. in favor.
13 COUNCILWOMAN SMITH: Nay.
14 COUNCILMAN VALDATI: Nay.
15 COUNCILMAN FARINA: Aye.
16 COUNCILMAN REIS: Aye.
17 SUPERVISOR PAINO: I third item I would like
18 to introduce is a motion adopting the amendments to
19 the proposed zoning ordinance with the following
20 clarification. That has to do with parcels along
21 Route 9, and I will site the taxpayer grid numbers.
22 These are parcels that already have businesses on
23 them. As we indicated at our last public hearing
24 we were in favor of maintaining the current zoning
25 on these parcels. Taxpayer grid number
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2 6157-04-618490. That is to be HB -2.
3 6157-04-64847, which was R-40 and still is, to
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maintain that. 6157-4-623465, maintain that as
HB -2. 6157-04-630435 to maintain that as the HB -2.
And 6157-04-603472 to maintain HB -2.
6157-04-604495 to maintain HB -2. 6157-04-633413 to
maintain the HB -2. 6157-04-638394 to maintain the
HB -2. 6157-04-649394 to maintain the HB -2.
10 6157-04-614382 to maintain HB -2. 6157-04-614375 to
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maintain the HB -2. 6157-04-649335 HB -2. 6157-04-6
12 17311 HB -2. 6157-04-621197 HB -2. 6157-04-632285,
13 HB -2. 6157-04-627257 HB -2. 6157-0-4639251 HB -2.
14 6157-04-626239, I'm sorry, 36, let me reread that.
15 6157-046636239, HB -2. The reason I read off the
16 taxpayer grid numbers is because the last time you
17 wanted some things changed, apparently some of them
18 weren't, and those are basically the properties
19 that we're talking about along Route 9. So, with
20 that clarification, I move to adopt the proposed
21 zoning ordinances as depicted on the map and as we
22 have as a matter of this evenings minutes.
23 COUNCILMAN REIS: I'll second it.
24 SUPERVISOR PAINO: All in favor?
25 COUNCILMAN VALDATI: Could you read that
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2 resolution again?
3 SUPERVISOR PAINO: I move to adopt the zoning
4 ordinance amendments with those clarifications. I
5 have a second. All in favor?
6 COUNCILMAN FARINA: Aye.
7 COUNCILMAN VALDATI: Nay.
8 COUNCILWOMAN SMITH: Only the amendments?
9 SUPERVISOR PAINO: No.
10 COUNCILWOMAN SMITH: Nay.
11 SUPERVISOR PAINO: The zoning ordinance
12 amendments and the zoning amendment.
13 COUNCILWOMAN SMITH: Nay.
14 COUNCILMAN REIS: Three ayes, two nays.
15 THE CLERK: Three to two. Motion failed.
16 COUNCILMAN VALDATI: I would like to explain
17 my vote at this time. This Town is charged with
18 the responsibility of representing our residents in
19 all facets of life in this community. This is a
20 major undertaking and we are mandated by law, by
21 state law, SEQRA, the State Environmental Quality
22 Review Act adopted in 1987 to follow procedures as
23 outlined. According to sections in SEQRA, this
24 action of adopting a change in zoning affecting 25
25 or more acres, it's mandated by SEQRA, it's been
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2 handled as a Type 1 action. A Type 1 action,
3 again, is mandated that it must produce an
4 environmental assessment form. These procedures
5 were not followed. We did have something produced
6 which was called an environmental impact review. A
7 great deal of this was not really handled as SEQRA
8 has mandated. Again this is a legal question, if
9 the Town does not follow procedure legally from the
10 outset, regardless of how wonderful zoning laws
11 would be for the community, it must be done
12 legally. If not so, the Town, the Town Board would
13 open ourselves for tremendous lawsuits and the
14 claimants, against us as defendants, the Town,
15 would have every right to claim damages as being
16 confiscatory because the procedure as mandated by
17 law was not followed.
18 Now, this Town Board and any future Town
19 Board should follow procedures exactly as
20 professionals would be expected to do. This is a
21 trust that I have garnered from not just my
22 constituents, but people in the Town at large.
23 would think anyone would expect that, that level of
24 professionalism, and also to protect the Town
25 residents interests in terms of financial hardship
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2 due to unnecessary lawsuits. So, again, I voted no
3 basically on a procedural fault here, unfortunately
4 we did not have the proper direction to follow
5 through on this SEQRA process as was necessary and
6 is legally binding upon us. I would imagine this
7 can be corrected by going forward with a lead
8 agency status, declaring an EAF to be filled out in
9 its long form since that is the law, and at that
10 point in time produce a favorable vantage point
11 where we can effectively make a wise decision and
12 also a legal decision. Thank you.
13 SUPERVISOR PAINO: As far as the legality of
14 our following SEQRA, we have had discussions on
15 this on numerous occasions with our attorney to the
16 Town, Tom Wood, and he has recommended to us
17 that --
18 COUNCILMAN VALDATI: Where is Tom Wood this
19 evening?
20 SUPERVISOR PAINO: He has a fever
21 unfortunately.
22 COUNCILMAN VALDATI: How about his partner?
23 SUPERVISOR PAINO: Pardon me, let me finish.
24 His partner is in New York City so he was unable.
25 Let me just point out to our residents that
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2 we have had ongoing discussions with our Town
3 Attorney. What we have done was perfectly fine,
4 and as a matter of fact, the negative dec itself
5 says the reason for supporting a negative dec is
6 such. First of all, most of the changes would
7 decrease density, thus lessening the impact on the
8 environment. Number two, the conservation office
9 parks are established which would lessen the use of
10 most vacant properties. Number three, larger
11 square footage requirement for retail
12 establishments would reduce the impact of cars,
13 etcetera. Number four, overall consideration has
14 been given to the Town central water and sewer
15 projects and these have been reflected within the
16 zoning districts.
17 As you probably noted after our vote of three
18 to two, the Town Clerk stated that the motion
19 failed. The reason for that is because the
20 Dutchess County Planning Department said that we
21 must make certain changes. I object to that. I
22 feel that first of all, to have a law such as that
23 on the books is doing everything you can possibly
24 do against democracy.
25 SPECTATOR: That's the state law, Mrs. Paino.
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2 SUPERVISOR PAINO: I understand that. I feel
3 that what it really does is allow the minority on
4 the Board to rule rather than the majority.
5 MR. ROSENBERG: How do you feel about paying
6 real estate taxes?
7 SUPERVISOR PAINO: Excuse me. At this time I
8 would like to move that the Attorney to the Town be
9 authorized to file an Article 78 procedure to
10 challenge the Dutchess County Department of
11 Planning and challenge their recommendations with
12 respect to the proposed zoning ordinance based on
13 the fact that the Dutchess County Planning
14 Department was retained by the Town of Wappinger
15 and worked with the Growth Management Committee on
16 the revisions since Spring of 1986. This presents
17 a conflict in that the same department that
18 provided professional assistance to the Town is now'
19 called upon to review and make recommendations with
20 respect to the same ordinance which they were
21 involved in preparing. I also feel that the
22 general municipal requirement that acting contrary
23 to the County recommendations requires a supervote
24 is inappropriate and an abrogation of home rule.
25 I'd like to put that in the form of a motion.
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COUNCILMAN FARINA: Aye. Second.
SUPERVISOR PAINO: Al]. in favor?
COUNCILMAN VALDATI: Nay.
COUNCILWOMAN SMITH: Nay.
COUNCILMAN REIS: Aye.
COUNCILMAN FARINA: Aye.
COUNCILMAN VALDATI: First of all,
I would
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like to explain my vote. If there is some question
of impropriety at having Dutchess County planners
work on the Town Growth Management Committee which
was the purview of the Supervisor, I would hesitate
to question her motivation to having it in the
first place when she's full aware that they
themselves were giving opinion as to any zoning the
Town would be prepared to enact. It would seem
that on face value that it would be a conflict of
interest then as it would appear to the Supervisor
at this time. That seems to be irresponsible to
call the shot at this point rather than the shots
' 21 you should have had in the first place.
22 Secondly, if this is to be something
23 challenged which could have impact not only in our
24 community but very many others, I feel also that
25 this should be something that should be discussed
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2 with whomever the Town Attorney will be come
3 January 1st, as determined by the Board that will
4 be in power at that time, and the members that have
5 been elected on November 7th by the community.
6 Those are the people who should assess, they have
7 the charge from the Town, those are the people, not
8 the waning hours of administration to take on,
9 which I would imagine would be precedent setting
10 type of litigation. That should be done by the
11 charge placed by the people of the community in
12 power at this time.
13 COUNCILWOMAN SMITH: Excuse me. I would like
14 to just --
15 SUPERVISOR PAINO: Councilman Reis had to say
16 something first.
17 COUNCILMAN REIS: I would like to expound on
18 Mr. Valdati's points of view. Mr. Valdati has been
19 on the Town Board for a number of years. I think
20 we all are aware of that. He has been involved in
21 this procedure for over three years now. He's
22 quite aware of the new administration going out and
23 trying to pass some type of ordinance. This has
24 been going out for more than four years. It's been
25 going on back in the old Board, and the Supervisor
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2 did not appoint the Dutchess County Planning
3 Department to help us, that was something that came
4 from this Town Board and I believe a lot of people
5 were involved, the Growth Management Committee, the
6 Planning Board, so that's an erroneous statement
7 right there. This piece of literature that you see
8 in front of us, the land use map and the zoning
9 map, Mr. Vaidati has been working on this for three
10 years.
11 COUNCILMAN VALDATI: Excuse me. I wasn't a
12 member of the Growth Management Committee. I was
13 not part of that until such times as it was already
14 put in front of us on the table as was the Zoning
15 Board.
16 COUNCILMAN REIS: I think that was more than
17 a year ago. I think these concerns you brought up
18 this evening --
19 COUNCILMAN VALDATI: I didn't bring these
20 concerns. The Supervisor has now moved to file
21 litigation which
--
22 SUPERVISOR PAINO: You're speaking out of
23 turn.
24 COUNCILMAN REIS: I have heard different
25 stories about an E.I.S. being done and so forth.
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think we have the Growth Management Committee,
members of that committee are here along with the
Town Board. It's the first time I heard them
mention it.
COUNCILMAN VALDATI: Read the law.
COUNCILMAN REIS: So at the eleventh hour it
is -- I would just like to say that I support this
plan and you as residents, you have the Planning
Board members, Growth Management Committee,
basically
immensely
this, and
ordinance
they
are people that have
in putting this together,
it's not an eleventh hour
helped
and I support
zoning
trying to be put through in this
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administration. This administration has
accomplished a lot and I'm very proud to be part.
COUNCILWOMAN SMITH: I don't think we need to
continue
reason I
physical
the cat fight. I'd just like to say the
voted nay was that I'm concerned about the
impact that this will have on the Town.
We do not know that, and we are about to embark on
a mandated waste water facility treatment, and I
think that before we go in to something we should
know how much it's going to cost the residents so
that they're aware and we're aware what's
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2 happening, and we do need to have that kind of a
3 study and I feel strongly that we need to know how
4 it's going to impact.
5 SPECTATOR: How long is that study going to
6 take?.
7 SUPERVISOR PAINO: Basically along those
8 lines we do have correspondence dated November 2,
9 1989 from our Town Assessor indicating that he does
10 not feel that there will be a tax impact as a
11 result of the proposed ordinance.
12 COUNCILMAN VALDATI: I move we close the
13 special meeting.
14 SUPERVISOR PAINO: Excuse me. Just to
15 clarify, we had a motion on the floor for an
16 Article 78, and it carried successfully with three
17 votes.
18 COUNCILWOMAN SMITH: How much does that cost
19 the Town?
20 SUPERVISOR PAINO: I move to close the Town
21 Board meeting.
22 COUNCILMAN REIS: So moved.
23 SUPERVISOR PAINO: All in favor?
24 COUNCILMAN FARINA: Aye.
25 COUNCILWOMAN SMITH: Aye.
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COUNCILMAN REIS: Aye,
COUNCILMAN VALDATI: Aye.
SUPERVISOR PAINO: I'd like to thank
everybody who took the time to come out this
evening, especially our residents.
(Whereupon the special meeting was concluded at
9:35 p.m.)
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CERTIFIED TO BE A TRUE AND ACCURATE
RECORD OF THE WITHIN PROCEEDINGS AS
TAKEN AND TRANSCRIBED BY ME.
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Robin E. DiMichele
Senior Court Reporter
iltCEIVEL
JAN z 1990
?LAINE H. S.NOWDEP
Town Clerk