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2005-06-27 RGMMonday, June 27, 2005 7:30 pm. Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Minutes May 23, 2005 Town Board Meeting June 6, 2005 Special Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2005CL-276 to 2005CL-294 Public Hearings: • Public Hearing for Amendments to Section 217-12.H of the Town of Wappinger Subdivision Regulations. • Public Hearing for Amendments to Town Code Section 240-53 of Town of Wappinger Zoning Law, Accessory Apartments • Public Hearing for Amendments to the Town Code, Chapter 137 Freshwater Wetlands. Discussions: Community Action Partnership—Maureen Lashlee Tracy Lee Mailbox Replacement—Graham Foster Non -Resident Participation in Town of Wappinger Recreation Programs—Ralph Holt Resolutions 2005-085 Resolution Adopting Local Law for Amendments to Section 217- 12.H of the Town of Wappinger Subdivisions Regulations 2005-086 Resolution Adopting Local Law for Amendments to Town Code Section 240-53 of Town of Wappinger Zoning Law, Accessory Apartments 2005-087 Resolution Adopting Local Law for Amendments to the Town Code, Chapter 137 Freshwater Wetlands 2005-088 Resolution of Support for 2005 Environmental Protection Fund Grant 2005-089 Resolution Opposing Proposed Changes to Federal Telecommunications Laws 2005-091 Resolution Confirming Length of Construction of Water Service Line for Wappinger Park Water District Extension II 2005-092 Resolution Amending Town Board Schedule 2005-093 Resolution Accepting Correspondence Log New Business/Comments Adjournment 06/27/2005.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on June 27, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 7:36 p.m.) Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent RECEIPT AND APPROVAL OF MINUTES The Minutes of the Town Board Meeting of May 23, 2005 and Special Meeting of June 6, 2005, having previously been forwarded to the Board Members, was now placed before them for their consideration. Councilman Valdati moved to accept the Minutes, seconded by Councilwoman McCarthy. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Valdati and unanimously carried. CORRESPONDENCE LOG 2005 -CL -276 TO 2005 -CL -2294 (See Attached Sheets) PUBLIC HEARINGS: • Public Hearing for Amendments to Section 217-12.H o the Town of Wappinger Subdivision Regulations. • Public Hearing for Amendments to Town Code Section 240-53 of Town of Wappinger Zoning Law, Accessory Apartments • Public Hearing for Amendments to the Town Code, Chapter 137 Freshwater Wetlands. DISCUSSIONS • Community Action Partnership—Maureen Lashlee gave a brief report on the wide range of services that are provided by the Community Action Partnership. • Herbert & Tracy Lee Mailbox Replacement—Supervisor Ruggiero informed the board that the Lee Mailbox on 8 Tor Road was knocked down during a March snow storm by one of the highway plows. The Town has offered to replace the mailbox with a generic one, but the owners are refusing a substitution and are requesting the Town 06/27/2005.RGM replace the mailbox with one similar to the one knocked down. The cost to replace one comparable to the mailbox destroyed is $215.00. A claim was filed with the Town's Insurance Company which denied the claim because their investigation indicated that the vehicle operator was operating normally while plowing the roads. Al Roberts, Attorney to the Town stated the case law is clearly on the Town's side, the - mailbox is on the Town Road right-of-way and there is no responsibility on the Town's part. Mr. Foster explained that when a mailbox is knocked down during a snow storm it is replaced with a generic one. If the post is broken they make a new one. It has always been a courtesy provided by the town, and it has been his understanding that the Town is not bound by law to do this. If it was replaced with a similar one, the Town would be setting a dangerous precedent. Discussion followed. Councilman Bettina moved to authorize the Town Clerk send a letter to the Lee's advising that the Town Board deliberated and decided to sustain the decision of the Insurance Company and offer the standard generic replacement mailbox, seconded Councilman Valdati and unanimously carried. • Non -Resident Participation in Town of Wappinger Recreation—Ralph Holt announced that over the years we have faced bus trips taking place with less than a full bus and feel we should make these empty seats available to non-residents once we have filled the need of the Town residents. We would require non-residents to pay an additional fee of $15 over the cost of Town residents. This would help cover the costs of providing the trip. It would cause no problems from the standpoint of our insurance coverage. Discussion followed. Councilwoman McCarthy moved to draft a formal Resolution for the July meeting, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2005-085 RESOLUTION ADOPTING LOCAL LAW NO.5 OF 2005 AMENDMENTS TO SECTION 217-12.11 OF THE TOWN OF WAPPINGER SUBDIVISION The following resolution was moved by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Town Board of the Town of Wappinger has determined that Section 217-12.H of the Town of Wappinger Subdivision Regulations should be amended to permit the Planning Board to waive the public hearing for subdivision applications that consist solely of the realignment of a common lot line between two adjacent lots (the "Proposed Action"); and 2 06/27/2005.RGM WHEREAS, the Town Bard determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, a duly advertised public hearing was held on June 13, 2005 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the proposed Action will not result in any significant environmental impacts as no construction will occur as a dire result of the amendments and the amendments will merely simplify and streamline the review and approval process for simple lot line realignment applications by allowing the Planning Board to waive the public hearing. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #5 of 2005; and, except as specifically modified by the amendments contained therein, the Subdivision Regulations, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-086 RESOLUTION ADOPTING LOCAL LAW NO. #6 OF 2005 AMENDMENTS TO THE TOWN CODE, SECTION 240-53 OF THE TOWN OF WAPINGER ZONING LAW, ACCESSORY APARTMENTS The following resolution was moved by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations 3 06/27/2005.RGM being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the in dwellings prohibition against accessory apartments principal that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly know as "SEQR"); and WHEREAS, a duly advertised public hearing was held on June 13, 2005 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the proposed Action will not result in any significant environmental impacts as no construction will occur as a dire result of the amendments and the amendments will continue to ensure that residential character is maintained in the residential zoning districts in which accessory apartments are permitted. 4. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #6 of 2005; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye 4 06/27/2005.RGM The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-087 RESOLUTION ADOPTING LOCAL LAW NO. #7 OF 2005 AMENDMENTS TO THE TOWN CODE, CHAPTER 137, FRESHWATER WETLANDS, AND SECTIONS 122-20.0 AND 240-32A The following resolution was moved by Councilman Valdati and seconded by Councilwoman McCarthy WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 137 of the Town Code should be amended to clarify and update the Town's existing wetlands regulations and to exempt any proposed activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home; along with associated amendments to Section 122.20.0 (Fees) and Section 240-32.A of the Town Code (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, a duly advertised public hearing was held on June 13, 2005 at the Wappingers Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and s statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will generally strengthen and clarify the Town's existing wetlands regulations, thereby strengthening protection to wetlands resources, while allowing for exceptions for activities on residentially zoned lots 80,000 square feet and less in size and which contain an existing home. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #7 of 2005; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The foregoing was put to a vote which resulted as follows: 5 06/27/2005.RGM Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-088 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION REQUESTING 2005 ENVIRONMENTAL PROTECTION FUND GRANT FUNDING FOR THE CONTINUED DEVELOPMENT OF CARNWATH FARMS. The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, The New York State Office of Parks, Recreation, and Historic Preservation (NYSOPRHP) is granting 2005 Environmental Protection Fund (EPF) grant funding to eligible New York State communities; and WHEREAS, 2005 EPF grants made by the NYSOPRHP will provide communities with up to $350,000 to fund parks development, historic preservation, and heritage area programs; and WHEREAS, the Town of Wappinger is eligible to apply for 2005 EPF grant funds and will provide the required 50% match to requested funds from the NYSOPRHP in cash and/or in kind services; and WHEREAS, the Supervisor of the Town of Wappinger is requesting authorization from the Town Board to file a 2005 EPF grant application with NYSOPRHP for state funding not to exceed $350,000. NOW, THEREFORE, BE IT RESOLVED, as follows: That Supervisor Joseph Ruggiero is hereby authorized and directed by the Wappinger Town Board to file an application for 2005 EPF funds from the NYSOPRHP for a grant amount request not to exceed $350,000, and upon approval of said request to enter into and execute a project agreement with NYSOPRHP. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-089 RESOLUTION OPPOSING PROPOSED CHANGES C. 06/27/2005.RGM TO FEDERAL TELECOMMUNICATIONS LAWS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the United States House of Representatives is considering legislation that may threaten local cable and telephone franchises; and WHEREAS, the proposed legislation being considered by the United States House Telecommunications Subcommittee may preempt local cable and telephone franchises and fees in order to aid telephone companies to rapidly provide nationwide cable service; and WHEREAS, the proposed revision of the Federal Telecommunication Laws would appear to impact upon telephone companies which are seeking to provide cable service which would include video, voice and data services over one wire; and WHEREAS, various cable providers have taken the position that in the event of a revision of the Federal Telecommunications Laws occurs, said revisions should also apply to them, which could presumably lead to the cable companies being relieved of existing franchise obligations; and WHEREAS, the current cable franchises and fees may be at risk in the event that Federal Telecommunications Laws are revised; and WHEREAS, the Town of Wappinger currently has a cable franchise agreement with Cablevision Inc. that includes cable franchise fees that may be at risk in the event that the Federal Telecommunications Laws are revised. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board of the Town of Wappinger hereby determines that it is in the best interest of its citizens to oppose the proposed changes to the Federal Telecommunications Laws as proposed and currently being considered by the United States House of Representatives. The Town Clerk is hereby authorized to send a copy of this Resolution to Senator Charles Schumer, Senator Hillary Clinton and Congresswoman Sue Kelly. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye 7 06/27/2005.RGM The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-091 RESOLUTION CONFIRMING LENGTH OF CONSTRUCTION OF WATER SERVICE LINE FOR WAPPINGER PARK WATER DISTRICT — EXTENSION II The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, North American Homes Equities, Inc. of 1136 Route 9, Wappingers Falls, New York, hereinafter referred to as "North American", is the contract vendee to purchase certain property located on Route 9 in the Town of Wappinger, hereinafter referred to as "Corporate Park Properties"; and WHEREAS, North American has received Conditional Final Site Plan Approval from the Town of Wappinger Planning Board for a commercial retail/office building, which Site Plan consists of three buildings, all as set forth in the Planning Board Resolution of Conditional Final Site Approval dated January 19, 2005; and WHEREAS, Heartland, LLC, hereinafter referred to as "Heartland", is the owner of certain property located at 1271 Route 9, Wappingers Falls, New York, which property is located to the immediate south of and is contiguous to the Corporate Park Property; and WHEREAS, the Heartland parcel contains an Acura dealership consisting of several buildings and related appurtenances for use as a new car dealership; and WHEREAS, the well servicing the Heartland parcel produces water of very poor quality, requiring significant treatment and monitoring for human consumption; and WHEREAS, because of the poor quality of water at the Heartland site, Heartland has requested to connect to the Town Water System known as Emergency Wappinger Water Improvement/19992-R (hereinafter referred to as "1999-2(R)"); and WHEREAS, both North American and Heartland have mutually petitioned the Town to extend the Wappinger Park Water District, which Water District now receives water through 1999-2(R); and WHEREAS, North American and Heartland have agreed, at their own expense, to construct the water supply line from Old Hopewell Road southward along the westerly side of Route 9 to the Southside of the existing north entrance to the Heart Acura Dealership, all in accordance with a 0 06/27/2005.RGM certain letter dated June 13, 2005 from Supervisor Joseph Ruggiero to North American Home Equities, Inc., a copy of which letter is attached hereto and made a part hereof marked and designated Exhibit "1"; and WHEREAS, Resolution No. 369-2004 of the Town Board authorized Extension II to the Wappinger Park Water District to encompass the North American parcel as well as the Heartland parcel, which Resolution also authorized the Supervisor to negotiate the length of the water supply line to be constructed along the westerly side of southbound U.S. Route 9; and WHEREAS, North American and Heartland have agreed that the construction of the water supply lines will done in accordance with the Map, Plan and Report for the Wappinger Park Water District, Extension II, and the Plans and Specifications approved by the Dutchess County Health Department and the Engineers to the Town of Wappinger, Paggi, Martin & Del Bene; and WHEREAS, North American and Heartland have agreed to enter into a formal agreement with the Town of Wappinger for the construction of the water lines in form acceptable to the Attorney to the Town and the Engineer to the Town and as set forth in the letter dated June 13, 2005, attached as Exhibit "1"; and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Pursuant to Resolution No. 369-2004, the Town Board hereby confirms that North American Home Equities, Inc. will only be required to construct a water supply line along the westerly side of southbound Route 9 from Old Hopewell Road southward to the Southside of the existing north entrance to the Heart Acura Dealership located on Route 9, all as set forth in the letter of June 13, 2005 from Supervisor Joseph Ruggiero to North American Home Equities, Inc., a copy of which letter is attached as Exhibit "1". 3. The Town Board further ratifies and confirms the conditions set forth in Exhibit "1" and adopts the conditions as if fully set forth in this Resolution. 4. Supervisor Joseph Ruggiero is hereby authorized to enter into a contract with North American for the construction of the improvements specified in the Map, Plan and Report dated October 8, 2001 in connection with Wappinger Park Water District, Extension II, as modified by the letter dated June 13, 2005 (Exhibit "1"), all in form as approved by the Attorney to the Town and the Engineer to the Town. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye D Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman 06/27/2005.RGM Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-092 RESOLUTION AMENDING TOWN BOARD SCHEDULE OF MEETINGS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2005; and WHEREAS, the Town Board scheduled meetings for the second and fourth Monday of every month, and WHEREAS, due to summer vacation schedules and other commitments, several of the Town Board Members have requested that the Schedule of Town Board Meetings for the months of July and August be amended. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Meetings Scheduled for July 11, 2005, July 25, 2005, August 8, 2005 an August 22, 2005 at 7:30 p.m. are hereby cancelled. 3. Two (2) new Town Board Meetings are hereby scheduled for July 5, 2005 at 7:30 p.m. and August 29, 2005 at 7:30 p.m. at Town Hall. 4. The Town Clerk is hereby directed to publish the new dates of the Board Meetings. 5. The regularly scheduled Town Board Meetings heretofore established by the Town Board shall be resumed commencing with the September 12, 2005 Town Board Meeting. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-093 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. 10 06/27/2005.RGM BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COMMENTS Councilman Paoloni felt the memo received from the Town Clerk indicating the Minutes of the meetings would be sent via e-mail was a good idea. He also wished to discuss the Chelsea Boat Ramp at a future workshop. Councilman Paoloni also wished to know the legality of speed bumps. Mr. Foster replied that they are not legal. Currently we are putting stop bars with the word STOP at each Stop sign. Mr. Valdati wished to know what the outcome was regarding the property exchange that was proposed by Mr. Verlin. Supervisor Ruggiero replied that recreation ruled we did not need the property and Mr. Verlin was notified of their decision. There was no further business to come before the Town Board. Councilman Bettina moved to close the meeting, seconded by Councilwoman McCarthy. The meeting adjourned at 8:45 p.m. John C. Masterson Town Clerk 11 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Tent of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. # 5 of the year 20 05 A local law (Insert Title) entitled "Local Law # 5 of 2005 amending Section 217-12.H of the Town of Wappinger Subdivision Regulations Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW # 5 OF THE YEAR 2005 A Local Law entitled "Local Law # 5 of 2005, amending Section 217-12.H of the Town of Wappinger Subdivision Regulations." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # 5 of 2005, amending Section 217-12.14 of the Town of Wappinger Subdivision Regulations." Section 2: Legislative Intent The amendments permit the Planning Board to waive the public hearing for subdivision applications that consist solely of the realignment of a common lot line between two adjacent lots. Section 3: Section 217-12.11 of the Town of Wappinger Town Code, shall be amended to read as follows: §217-12. H. Scheduling of public hearing. (1) Requirements. Upon receipt and approval of the complete application and all accompanying material, the Planning Board shall call a public hearing to be held in accordance with Town Law § 276, Subdivision 5. [Amended 9-13- 1999 by L.L. No. 6-1999] (2) Notwithstanding § 217-12.H(1) above, the Planning Board may waive the public hearing for an application that consists solely of the realignment of a common lot line between two adjacent lots. (3) Responsibilities of the Secretary. The Secretary of the Planning Board shall ensure that the requirements for publication of public hearing notice and notification of abutting property owners has been completed according to adopted Town procedure and will file copies of the preliminary plat and construction plans for public review at least five days prior to the public hearing. The Secretary shall also mail a copy of the public notice and a copy of the preliminary plat to the County Planning Board where notice to such Board is required by law and to the Clerk of any abutting municipality where the land to be subdivided is within 500 feet of such municipality, each to be received at least 10 days prior to the date of the public hearing. 2 Section 4. Except as specifically modified by the Amendments contained herein, the Subdivision Regulations of the Town of Wappinger as adopted by the Town Board on 11-2-1987 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 6: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. #5 of 2005 of the ((R1 y) f&*) (Town) A§S&�f (Name of Legislative Body Wappinger was duly passed by the Town Board on June 27 2005, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) and was deemed duly adopted on 2005, in accordance with the applicable provisions of law. 3 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was submitted to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2005, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 2005, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. ,.. of 2005 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2005, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the County of State of New York, having been submitted to the electors at the General Election of November 2005, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of 4 If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. w of JPLK� erk of tlie'dounty legislative body, City, Town or Village Clerk or officer designated by local legislative body John C. Masterson, Town Clerk (Seal) Date:- (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF DUTCHESS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. �--� iJ 1gIIULUI C Albert P RnhPrta Attorn,—y Title COUWY JW of Wappinger Town VAW Date: 3 6 S s:\documents\docs2\500\wappinger\accessory apts\acc_apts.pll.lkb.doc lit] NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. # 6 of the year 20 05 A local law (Insert Title) entitled "Local Law # 6 of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: 0 TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11199) 0 LOCAL LAW # 6 OF THE YEAR 2005 A Local Law entitled "Local Law # 6 of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments ." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law #6 of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments." Section Z: Legislative Intent The purpose of the proposed Local Law is to amend Section 240-53 of the Town of Wappinger Zoning Law with respect to Accessory Apartments. The most significant proposed change to the existing regulations is that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector. Other more substantive changes include: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking. In addition to the changes described above, there are a number of other changes which mainly consist of reorganization and clarification of existing regulations and policies. The Proposed Action does not propose construction or development activities for any site within the Town of Wappinger, and will not result in any significant adverse environmental impacts. Section 3: The definition for "Accessory Apartment" in Section 240-5 of the Town Code is hereby amended to read as follows: § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located within a permitted one -family dwelling or within a detached accessory garage or barn on the same lot. 2 Section 4: Section 240-53 of the Town Code is hereby repealed and replaced with the following text: § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law or mother- in-law of an occupant of the other dwelling unit on the property. (3) Number of accessory apartments. Only one accessory apartment shall be permitted on any lot. (4) Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (7) Principal use. The principal use of the premises must be that of a detached one -family dwelling. (8) Setbacks. If the accessory apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. 3 (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence. (11) Utilities. Unless the premises are serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. (13) Parking. Off-street parking shall be provided in accordance with Article X of this chapter. C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in Section 240-53.B, including but not limited to provision of the following information: (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. 0 (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (3) Clear and convincing proof of a family relationship as stipulated in § 240- 53B(2). E. Certificate of occupancy. Upon certification by 'the Zoning Administrator that the Applicant has complied with all conditions of this Chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory.. apartment. F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this Chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an affidavit and/or certification from the owner of the apartment verifying the continued existence of the family relationship required by §240-53(B)(2). In the event that the inspection determines that the apartment is no longer in compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year provided that the owner -applicant complies with the terms of this Chapter. In the event of non- compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked and the time periods established in §240-53 for discontinuing accessory apartments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apartment pursuant to this Chapter. The new owner -applicant shall submit an application as authorized by this Chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in §240-53(B)(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this Chapter, the owner -applicant shall have. 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in §240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance provided that the owner G1 establishes compliance with the family relationship required by §240-53(B)(2). The owner—applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship as required by this Chapter. In the event that the new owner -applicant cannot establish the family relationship required by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. I. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53F of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of closing and transfer of title. (3) Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. (4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. Section 5: Section 240-97 of the Town Code shall be amended to read as follows: § 240-97. I Use Minimum Number of Off -Street Parking Spaces 1 -family and 2 -family 2 for each dwelling unit, plus 1 for any accessory dwellings apartment (associated with a 1 -family dwelling) Section 6: The Schedule of Use Regulations for Residential Districts shall be amended to read as follows: Schedule of Use Regulations — Residential Districts 2 Permitted only in connection with a one -family dwelling unit. Section 7: The Schedule of Use Regulations for Nonresidential Districts shall be amended to read as follows: Schedule of Use Regulations — Nonresidential Districts Uses R-80 MU HM NB R-40/80 CC SC HO R-40 COP Al PI I R-20/40 Accessory R-20 R-15 RMF -3 Uses R-10 R -21F RMF -5 Accessory apartments (§ 240-53) PA PA PA 2 Permitted only in connection with a one -family dwelling unit. Section 7: The Schedule of Use Regulations for Nonresidential Districts shall be amended to read as follows: Schedule of Use Regulations — Nonresidential Districts Uses HB MU HM NB GB CC SC HO HD COP Al PI I PUD Accessory apartments § (240-53) PA Section 8. Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. 7 Section 9: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 10: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. #6 of 2005 of the Wxky) (Town) j"?j of (Name of Legislative Body) Wappingpr was duly passed by the Town Board on June 27 2005, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) . and was deemed duly adopted on 2005, in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative 8 Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was submitted to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2005, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 2005, in accordance with the applicable provisions of law:. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2005, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the County of State of New York, having been submitted to the electors at the General Election of November 2005, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. 1 if any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above. VAN t---, I ' +� Cle of the Co my legislative body, City, Town or Village Clerk or 6fficer designated by local legislative body John C. Masterson, Town Clerk (Seal) Date: 0 va (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF DUTCHESS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. n A It _ Albert P RnhPrts Sttnrna7T Title Comw JW of Wappinger Town WNW Date: s:\documents\docs2\500\wappingeAaccessory aptslacc_apts.pURb.doc 10 NEW YORK STATE DEPARTMENT O� STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER f Local Law No. # of the year 20 05 A local law (Insert Title) entitled "Loyal Law # 7 of 2005, amending_ Chapter 137, Section 122-20.0 and Section 240-32.A of the Town of Wappinger Town Code Be it enacted by the TOWN BOARD of the (Name ofLegislative Body) Town of WAPPINGER as follows: TEXT COMMENCES ON NEXTIPAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW # 7 OF THE YEAR 2005 A Local Law entitled "Local Law # 7 of 2005, amending Chapter 137, Section 122-20.0 and Section 240-32.A of the Town of Wappinger Town Code. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title Cha ter This-Local-Law-_shall_be-known_and..cited._as " Local_Law..#7 . _.of 2Il05,__amending g 137, Section 122-20.0 and Section 240-32.A of the Town of Wappinger Town Code." Section 2: Legislative Intent own of The PmP g wetlands regulations ose of the proposed Local Law is to amend Chapter 137 of thead Wappinger Town Code to clarify and update the Towns existin to exempt any proposed activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an ` existing home. Associated amendments to Sections 122-20.0 (Fees) and Section 240-32.A are also proposed. The Proposed Action does not propose construction or development activities for any site within the Town of Wappinger, and will not result in any significant adverse environmental impacts. Section 3. Chapter 137 of the Wappinger,TownCode is hereby repealed and replaced with the following text: Chapter 137: FRESHWATER WETLAND, WATERBODY AND WATERCOURSE PROTECTION LAW [HISTORY: Adopted by the Town Board of the Town of Wappinger 8-9-1976 by L.L. No. 1-1976. Amendments noted where applicable.] GENERAL :REFERENCES Conservation Advisory Council — See Ch. 9. Building construction and Fire prevention — See Ch. 85. Environmental quality review — See Ch. 117. Flood damage prev6ntion -- See Ch. 133. Sewers — See Ch. 196. Soil erosion and sedime�t control — See Ch. 206. Subdivision of land — See Ch. 217. Zoning - $ee Ch. 240. 2 § 137-1. Title. This chapter shall be known as the "Freshwater Wetland, Waterbody and Watercourse Protection Law of the Town of Wappinger," § 137-2. Declaration of policy. It is declared to be the public policy of the Town of Wappinger to preserve, protect and conserve freshwater wetlands, waterbodies and watercourses and the benefits derived therefrom and to prevent the despoliation and destruction of such freshwater resources by regulating activities with potential impacts to such resources in order to secure their natural benefits consistent with the general health, safety and welfare of the public, and with the beneficial economic, social and agricultural development of the Town of Wappinger. It is further declared to be the policy of the Town of Wappinger to exercise its authority pursuant to Article 24 of the State Environmental Conservation Law. i § 137-3. Findings of fact. Pursuant to the above stated declaration o policy, the Town Board makes the following specific findings: A. Growth and development have pladed increasing demands upon natural resources that may result, and in certain instances have resulted, in the encroachment, despoliation, pollution and/or elimination of wetlands and their buffer areas. B. The loss of freshwater wetlands deprives the people of the Town of Wappinger of some or all of the many benefits to be derived from wetlands, including but not limited to: (1) Flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands. (2) Wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare 'species. (3) Protection of subsurface water resources and provision for valuable watersheds and recharging groundwater supplies. (4) Recreation by providing ares for hunting, bird watching, photography and other uses. I. (5) Pollution treatment by serving as biological and chemical oxidation basins. 3. rosion control by serving as sedimentation areas and filtering basins, (6) E absorbing silt and organic matter. readily accessible outdoor (7) Education and scientific research by providing y s and training and education biophysical laboratories, living classroom resources. (g) Open space and aesthetic appreciation. O 9 Sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish.':; - C. The values and functions of a wetland vary considerably from one wetland to another and are not necessarily dependent on the size of the wetland or the size of the lot on which it is located. D. Consideration should be given to the 4functional significance of a wetland involved rtlan e � any particular application or proceeding, as and �e land buffvary in ers the Approval and value. In regulating activities in wetlands Authority should consider and reflect the relative significanceosed importance nceon tof any particular wetland and the potential impact of a p p P abovementioned values and functions and those set forth in Section 24-0103 of the NYS Environmental Conservation Law. E. Regulation of freshwater wetlands, in accordance with the agricultural exemption established in § 137-6, is consistent with the legitimate interests of farmers and other landowners to graze and water livestock, make reasonable use of water resources, harvest natural products of the wetlands, selectively cut timber and otherwise engage in the use of land for agricultural production. § 137-4. Intent. gg er through this chapter to: ig A. It is the intent of the Town of Wapp those activities, as (1) Control and regulate, without necessarily prohibiting, defined herein, which may impact wetlands, waterbodies and watercourses and their associated buffers within the Town thus insuring that the benefits found to be provided by them will not be lost or impaired. 2 Minimize the administrative r burden and costs to property owners and/or Applicants. (3) Allow reasonable use of land! consistent with responsible land management, and to conserve and protect wetlands, waterbodies, and watercourses and 4 their buffer areas to the extent reasonably practicable consistent with this objective. (4) Incorporate wetland, waterbody, and watercourse protection into the Town's land use development regulations and approval procedures. (5) Protect, preserve and enhance the values and functions of freshwater wetlands in the Town of Wappinger and secure the positive environmental benefits accruing therefrom. (6) Achieve no overall net loss of the Town's remaining wetland resources, including wetland buffer areas. (7) Protect wetlands which are not currently protected under state or federal regulations. (8) Enact this chapter pursuant to the above referenced law and any York, dnd applicable laws, rules, and regulations of the State of New Yo , a nothing contained herein shall be deemed to conflict with any such laws, rules or regulations. (9) Place the burden of prooflon the Applicant seeking a wetlands permit, for identifying whether their actions impact a wetland, waterbody or watercourse or associated buffer. § 137-.5. Definitions. The following terms, phrases, words and their derivatives shall have the meanings given herein: ,,.. ADJACENT AREA — Any land in the Town of Wappinger immediately adjacent to a freshwater wetland lying within one hundred (100) feet, measured horizontally, of the boundary of a freshwater wetland. (see "Buffer") APPLICANT — Any person who files n application for any permit issued by the agency pursuant to this chapter, and includes the agent of the owner or a contract vendee. APPROVAL AUTHORITY — The mnicipal or administrative board or public official or municipal employee empowered to', process, and grant or deny permits under this chapter. When a wetlands permit is sought in conjunction with a Site Plan, Subdivision and/or Special Permit, the Planning Board shall assume the role of the Approval Authority. In all other cases, the Approval Authority shall be the Building Inspector. i BOUNDARY OF A FRESHWATER WETLAND — The outer limit of a freshwater wetland, delineated in a manner consistent with the Federal Interagency Committee for 5 Wetlands Delineation 1989; Federal Manual for Identifying and Delineating Corps of Jurisdictional Wetlands; united ArmyEngineers, United States Environmental Protection Agency, United States Fish and Wildlife Service, and U.S.D.A. Soil Conservation Service, Washington, D.C.- BUFFER — The land adjacent to a wetland, waterbody, or watercourse, which area serves to lessen the impact of human disturbances, activity and other encroachment associated with development, and is an integral component of the wildlife and hydrologic values and functions of said wetland, waterbody, or watercourse ecosystems. For all wetlands, waterbodies, and watercourses, the buffer area shall extend a minimum of one -hundred-(100)-feet-horizontally-from-the-edge -of the wetland boundary. -(see "Adjacent Area") DEPOSIT — To fill, place, effect, or dump !any material, but not including storinwater. DISCHARGE — The emission of any water, substance, or material into a wetland or wetland buffer whether or not such substance causes pollution. DRAIN — To deplete or empty of water by( drawing off by degrees or in increments::: DREDGE — To excavate or remove sediment) soil, mud, sand, shells, gravel or other aggregate. EXCAVATE — To dig out and remove any, material. FILLING — see "Deposit." FLAGGING — Placement of visible maikers at the wetland boundary which, upon approval of the Town, may be transferred by a qualified surveyor onto the site plan or other project map. FRESHWATER WETLANDS — An area of land of any size that is comprised of hydric soils and/or is inundated or saturated by surface water or groundwater at a frequency and/or which supports hydrophytic vegetation, as described in the Federal Interagency Committee for Wetlands Delineation 1989; Federal Manual for Identifying and Delineating Jurisdictional Wetlands; united Army Corps of Engineers, United States Environmental Protection Agency, United States Fish and Wildlife Service, and U.S.D.A. Soil Conservation Service, Washington, D.C. U FRESHWATER WETLANDS MAP — Thr, final freshwater wetlands maps for Dutchess County promulgated by the Commissioner of the New York State Department of e Nw York State Environmental Conservation pursuant to subdivision 301.5 of ut deand on which Freshwater Wetlands Act, or such map as ha been amended or adj are indicated the approximate locations of the actual boundaries of wetlands regulated pursuant to Article 24 of the Environmental Conservation Law. 6 HYDRIC SOIL — Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper layers. HYDROPHYTIC VEGETATION — Vegetation, including obligate wetland species and facultative species (see definitions for obligate and facultative under "National List of Plant Species"), growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. NATIONAL LIST OF PLANT SPECIES THAT OCCUR IN WETLANDS: NEW YORK OR NORTHEAST — A list of wetland plant species published by the U.S. Fish and Wildlife Service and subdivided into regional and state lists, as amended and updated from time to time. NATIONAL WETLANDS INVENTORY (NWI) — An inventory of United States Wetlands conducted by the U.S. Fish and Wildlife Service which was completed in 1990. Wetlands down to one (1) acre in size are delineatedes at a 1:24,0al boundario ofale wetands ased on aerial photo interpretation. The NWI does not delineate g for regulatory purposes. i NEW YORK NATURAL HERITAGE PROGRAM — A cooperative effort of the NYSDEC and The Nature Conservancy to establish and maintain an up-to-date inventory of the location and status of rare plant and animal species and natural communities in the state. PERMIT OR WETLANDS PERMIT That form of municipal approval required by this chapter for the conduct of a regulated activity within a wetland, waterbody, watercourse, or buffer area. POLLUTION — The presence in the environment of human -induced conditions or contaminants in quantities or characteristics which are or may be injurious to humans, plants, animals or property. PROJECT — Any proposed or ongoipg action which may result in direct or indirect physical or chemical impact on a wetland, waterbody, watercourse, or buffer area, including but not limited to any regulated activity. REGULATED ACTIVITY — Those a iivities to be conducted in wetlands, waterbodies, watercourses, or the associated buffer area, that require a permit from the Town, as set forth in § 137-6 of this chapter. REGULATED AREA — That area '� which consists of a wetland, waterbody, or watercourse, and its associated buffer area. STATE — The State of New York. 7 -- An state department, I�bureau, commission, board or other agency, STATE AGENCY Y public authority.or public benefit corporation;, The law pursuant TATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRAenvi The la tai quality S providing to Article 8 of the New York Conservation Law p review of actions which may have a significant effect on the environment. TOWN — The Town of Wappinger. 6.. - or .other_ .area which WATERBODY Any natural or .artificial pond, laky, Xs�rY� _ usually or intermittently contains water and which has a discernible shoreline. WATERCOURSE —Any identifiable channel through which water flows continuously or intermittently. 137-6. Regulated, as -of :right, prohibited and exempt activities. .. A. Regulated activities. Except as provided in Subsections Ba tivitie Dwii zbelowany regulated person shall conduct any of the following loo -foot buffer area unless such person has first freshwater wetland or adjacent obtained a permit pursuant to this chapter: (1) Placement or construction of any structure. (2) An form of draining, dredging, excavation or removal of material either Any directly or indirectly. 3 (} Aform of dumping, filling or depositing of material either directly or Any indirectly. (4) Installation of any service lines or cable conduits. (5) Introduction of any form of '' pollution, including but not limited to the or the installation of a septic tanl , the running of a sewer outfall discharging of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland. (6) Alteration or modification of natural features and contours. ( 7) Alteration or modification of natural drainage patterns. (8) Construction of dams, dock or other water control devices, pilings or drainage characteristics. bridges, whether or not they change the natural M. (9) Installation of any pipes or wells. (10) Clear -cutting. (11) Removal or cutting of any!", vegetation except as permitted in 137-6.B. i (12) Grazing of one (1) or more horses or any agricultural activity which involves draining or excavation of a wetland. (13) Excavation and removal of peat. i. (14) Any other activity that mai impair the natural function(s) of a wetland. B. As -of -right activities. No permit under this chapter shall be required for any of the following activities provided they do not constitute a pollution or erosion hazard or interfere with proper drainage; and do not require structures, grading, fill, draining or dredging for which a permit may be required: (1) The deposit or removal ( of the natural products of the wetlands by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping where otherwise legally permitted. (2) Outdoor recreation activities that do not require construction or that do not materially alter the natural state of the land, including use of field trails for nature study, hiking, swin iumg, skin diving and boating, where otherwise legally permitted. (3) Normal ground maintenance including mowing, trimming of vegetation, but excluding removal of vegetation that may cause erosion of sediment into a wetland, waterbody,'or watercourse. (4) Repair of existing decor4tive landscaping and planting in a wetland, waterbody, or watercourse `,buffer zone. (5) Repair of existing walkways, walls, and driveways. (6) Public health activities, in emergencies only, of the Dutchess County Department of Health and/or New York State Department of Health. (7) Operation and maintenance of existing dams and water control devices. (8) The activities of farmers in! grazing and watering livestock to the extent that such grazing and watering does not cause erosion of sediment into a watercourse, making reasonable use of water resources, harvesting natural 9 i products of wetlands and wetland buffers, but excluding clear -cutting of timber and draining of wetlands. (9) Decorative planting in a buffer:; C. Prohibited activities. It shall be unlawful for any person to place or deposit animal wastes, chemical wastes or sewage effluent within a wetland or its buffer, or to introduce influents of sufficiently high thermal content as to cause deleterious ecological effect. Excluded from prohibited activities shall be the activities of farmers specified in § 137-6B(8) herein. iy D. Exempt activities. A wetland permit shall not be required for an proposed activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home. i § 137-7. Application for permit; processing. A. Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this chapter shall file an application with the appropriate Approval Authority. For wetland permits sought in conjunction with a Site Plan, Subdivision and/or Special Permit application the Approval Authority shall be the Planning Board. For all other wetlands permits sought, the Approval Authority shall be the Building Inspector. B. Application requirements_ An application for a permit shall include, at a minimum: (1) The name, address and telephLe number of the owner; i (2) The street address and tax map designation of the property; (3) A sketch plan including boundaries of the property parcel with the boundaries of the wetland and wetland buffer indicated on the sketch. The Approval Authority may require the wetland to be delineated by a qualified professional and verified by other agencies having jurisdiction of the wetland such as the ACOE and the NYSDEC. (4) A description of the proposed work and purpose, including the reason for why the activity cannot be located outside the wetland and/or wetland buffer and the extent of the encroachment into the wetland or wetland buffer, calculated in square feet, (5) A Wetlands Analysis report that includes the following: 10$. (a) A description and r analysis of the functions of the wetland for groundwater recharge, groundwater discharge, stormwater management, flood `flow alteration, sediment stabilization, nutrient removal, habitat for flora, habitat for fauna, and recreational uses; I (b) A description and analysis of the impacts that the proposed activity will have on the wetland, including the magnitude of the impact(s), the duration of the impact(s), and whether the impact(s) are adverse to the functioning of the wetland and/or neutral or positive; and § 137-8. Decision on application. When the Approval Authority is the Planning Board, a decision on the wetlands permit shall be rendered by the Planning Board in conjunction with a decision on an application for Site Plan, Subdivision and/or Special Permit approval, the wetlands permit being included within any approval granted by the Planning Board for said applications. When the Building Inspector is the Approval Authority, a decision on the wetlands permit will be rendered within 30 days of a receipt of a complete application. § 137-9. Standards for decisions on appliFations. ''the Approval Authority unless the Approval A. No permit shall be issued by Authority shall find that: (1) The proposed regulated activity is consistent with the policy of this chapter to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands and to regulate the development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the town. (2) The proposed regulated acfivity is consistent with the applicable land use regulations pursuant to § 24-0903 of Article 24 of the State Environmental Conservation Law. (3) The proposed regulated ae6vity is compatible with the public health and welfare. O proposed 4 The regulated ac Jvity is reasonable and necessary. (5) There is no reasonable alte ative for the proposed regulated activity on a site which is not a freshwater wetland or adjacent area. 1 (6) In the event of negative impact(s), the mitigation proposed will mitigate ic adverse impact(s) identified in a mannerbstantially equivalent to the resource(s) to function in a mann er functioning of such resource(s) prior to the proposed activity. nii that the proposed regulated B. The applicant shall have the burden ofdmset forth in this Subsection A above. activity will be in accord with the standards C. Duly filed written notice, by the stated or' any agency or subdivision thereof to the agency, that the state or any such agency or subdivision is in the process of ro osed regulated activity ... acquiring the affected freshwater wetland on which a p _ p would be located by negotiation or : condemnation shall be ye i ieni ba at any as for t of a permit for such regulated activity. Such notice may bP time prior to the agency's decision to issue or deny a permit for the regulated activity. § 137-10. Conditions for permit use. I A. Any permit issued pursuant to this chapter may be issued with conditions, are sar y to ay be atta consistent with this chapter. Such conditions ms wetlands and to ensure the preservation and protection of affected freshwater ensure compliance with the policy and provisions offanthit to this cha chapter d the provisions of the agency's rules and regulations adopted p B. Every permit issued pursuant to !this chapter shall contain the following conditions: (1) The agency shall have the riglit to inspect the project from time to time. (2) The permit shall expire on a doe certain. (3) The permit holder shall notif� the agency of the date on which the project construction is to begin, at least five days in advance of such date. 4 The agency's permit shall ble prominently displayed at the project site (� during the undertaking of the activities authorized by the permit. (5) The Approval Authority may monitor or may cause to have monitored projects according to the specifications set forth in the permit, to determine if whether the elements of the permit conditions and mitigationplan, ' and whether the restored or created wetland required, have been satisfied function(s) and acreage mitigate the impacted function(s) and acreage lost. ualified To this end, the ApprovO Authority maytc�ontract with qualifiedntract with q professionals, or may require the Applicant 121 i, professionals at the expense of the Applicant. A quarterly monitoring report prepared by the appropriate monitor shall be submitted to the Approval Authority. Mitigation projects shall be monitored for an appropriate period of time,' as determined by the Approval Authority, on a case-by-case basis. Long-term monitoring is gi�nerally needed to assure the continued viability of mitigation wetlands. Any mitigation plan prepared pursuant to this Law and accepted by the Approval Authority shall become part of the permit for the application. The requirements for monitoring shall be specified in the permit or mitigation plan and shall include but not be limited to: (a) The time period overwhich compliance monitoring shall occur. (b) Field measurements,, to verify the size and location of the impacted Wetland area and the restored/replacement Wetland area. k (c) The date of completion of the restoration/replacement. (d) Field verification of the vegetative, hydrologic and soils criteria as specified in the mitigation plan and permit. C. The Approval Authority shall set. orth, in writing, in the file it keeps regarding a permit application, its findings and reasons for all conditions attached to any permit. ll G § 137-11. Bonding. A. The Approval Authority may require that, prior to commencement of work under any permit issued pursuant to this chapter, the applicant shall post a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit. The particular amount and the conditions of the bond shall be consistent with the purposes of this chapter. The bond shall remain in effect until the Approval Authority or its designated agent certifies that the work has been completed in compliance with the terms of the permit and the bond is released by the Approval Authority or a substitute bond is provided. In the event of a breach'of any condition of any such bond, the Approval Authority may institute an action in the court upon such bond and prosecute the same to judgment and execution. B. The agency shall set forth, in writing, 'in the file it keeps regarding a permit application, its findings and reasons for imposing a bond pursuant to this section. 73 § 137-12. Expiration, extension and renewal of permits. oyal Authority shall issue a permit to the After approval of the application, the App`r' by the Approval Applicant. The date of issue shall be the date the pen facts sp PPecified unless Authority. The permit shall expire on cOmpletion of ear from the date of issue. The otherwise indicated, shall be valid for a period f °°original permit upon written request to Approval Authority may grant an extension Approval Authority by the property owners or his/her legal agent at least ninety (90) the APP days prior to the expiration date of the original permit. No pershall haalbeermitnThe time period of exceeding two (2) years from the date of issue of thegm P period for a renewal.may.be_waivedfor good cause shown,_ The request for renewal of a p application. permit shall follow the same form and procedure as the original app § 137-13. Other laws and regulations. No permit granted pursuant to this chaptershall remove an app licanf s obligation to comply in all respects with the applicable provisions of any other foetdhee �eq�ed peooc it law or regulation, including but not limited to the acquisition o any or approval. § 137-14. Suspension or revocation of permits. er The Approval Authority may suspend or revoke a permit in the formof stop-workall esof if it finds that the applicant or permittee has not compltetho has failed to undertake such permit, has exceeded the authority granted in the permit lication. The Approval Authority the project in the manner set forth in the approved app permit application its findings shall set forth, in writing, in the file it keeps regarding a p PP and reasons for revoking or suspending a permit pursuant to this section. § 137-15. Violations and penalties A. Administrative sanctions. (1) Any Person who undertakes' any regulated activity within a wetland or permit issued hereunder or who wetland/watercourse buffer without a p violates, disobeys or disregards any provision of this chapter, including any le or provision of any permit issued pursuant to this chapter or any chapter, shall regulation adopted by the Approval Authority pursuant to P be liable to the Town for acivil penalty for every such violation, as set forth in the Town Fine Sche4ule, located in Chapter 122, Article V of the Town Code. Each consecutive day of the violation will be considered a be recovered in an action brought separate offense. Such civil penalty may royal Authority in by the Town at the request and in the name of the App d or any court of competent jurisdiction. Such civil penalty may be be leasereleased compromised by the Approval Authority and such penalty may 14 or compromised and any 'action commenced to recover the same may be settled and discontinued by the Approval Authority. r, (2) In addition, the Approval Authority shall have power, following a hearing, to direct the violator to restore the affected wetland to its condition prior to the violation, insofar as that is possible, within a reasonable time and under the supervision of the Approval Authority or its designee. Any such order of the Approval Authority shall be enforceable in an action brought in any court of competent jurisdiction. Any order issued by the Approval Authority pursuant to this'subsection shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules. B. Criminal sanctions. Any person who violates any provision of this chapter, an order, permit, condition or rules of regulation of the Approval Authority regulating wetlands and wetland/watercourse buffers pursuant to this chapter shall, for the first violation of this Chapter, be guilty of an offense punishable by a fine set forth in the Town Fine Schedule, located in Chapter 122, Article V, Section 122-20.0 of the Town Code; conviction of a second and/or subsequent violation of this Chapter, all of which were committed within a five year period, shall be deemed an offense punishable by a fine set forth in the Town Fine Schedule, located in Chapter 122, Article V, Section 122-20.0 of the Town Code, or a term of imprisonment of not less than fifteen (15) days or more than six (6) months, or both. In addition to these punishments, any offender may be ordered by the court to restore the affected wetland to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Approval Authority. Each offense shall be a separate and distinct offense, and, in the case of continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. Criminal sanctions may be invoked without the prior resort to administrative sanctions, which sanctions shall be deemed cumulative. Payment of such penalty shall not preclude corrective action and/or the removal of conditions found to be in violation of this chapter. § 137-16. Enforcement The Town is specifically empowered to seek injunctive relief restraining any violation or threatened violation of any provisions of this chapter and compel the restoration of the affected wetland, waterbody, watercourse or buffer area to its condition prior to the violation of the provisions of this chapter. i § 137-17. Appeal , Any determination, decision or order lof the Approval Authority may be judicially reviewed pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme 15 Court for D utchess County, provided that available administrative remedies have been . exhausted. 1 Section 4. Section 240-32.A of the Zoning Law is hereby amended to read as follows: 240-32. Wetlands, waterbodies, watercourses'and steep slopes. no alteration A. Alteration of wetlands, waterbodies or watercourses. Yd district, - one hundred within—of- wetlands, waterbodies-or watercourses, or adjacent conformance with Chapter 137 of the (100) feet thereof, shall take place except in Town Code. Section 5. Section 122-20.0 of the Wappinger Town Code is hereby amended to read as follows: O. Chapter 137, Freshwater Wetlands. (1) § 137-15.A(1), fine: i (a) First offense: [ 1] Maximum: $.5,000 per violation per day. (b) Second and subsequent offenses: l: [1� Maximums: $5,000 per violation per day. (2) § 137-15.B, fine: (a) First offense: [1� Minimus}: $500. [2] Maximum: $1,000. (b) Second and subsequent offenses: i c [1� Minimum.: $1,000. [2] Maxvnui' $2,000. 16[ i A Section 6. Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. r Section 7. Separability i The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 8. Effective Date This Local Law shall take effect immediately upon adoption and filing.with the Secretary of State as provided by the Municipal Home Rule Law. (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law 4innexed hereto, designated as local law No. #7 of 2005 of the (OWYmCy) �� (Town) jyffiof (Name of Legislative Body) wappinger was duly passed by the Town Board on June 27 2005, in accordance with the applicable provisions of law. 2. (Passage by local legislative bodj with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law �mexed hereto, designated as local law No. Body) of 2005 of the (County) (City) (Town) (Village) of has duly passed by the (Name of Legislative on t 2005, and was (approved) (not 17 i the (Elective Chief Executive approved) (repassed after disapproval) by 2005, officer*) and wad deemed duly adopted on in accordance with the applicable provisions'pd law. i 3 , (Final adoption by referendum). designated as local law No. I hereby certify that the local law annexed hereto, CTown (Village) of of 2005 of the (County) wa1#1y p passed the (Name of Legislative 'roved not Body) on 20052 and was (approved) Elective Chis_ Executive approved) (repassed after_ . disappreval by -- 2005. Such local law was Officer*) on submitted to the people by reason of a ,(mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the 2005, in accordance (general) (special) (annual) election held on with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). ii designated as local law No. I hereby certify that the local law annexed hereto, of 2005 of the (County) (City) (Town) (Village) of was dul passed by the (Name of Legislative Body) y on 2005, and was (approved)not after disapproval) by the (Elective Chief Executive approved) (repassed on 2005. Such local law was Officer*) subject to permissive referendum and no valid petition requesting abting of awe. was filed as of 2005, in accordance with the app provisions *Elective Chief Executive Officer means or elected on a county -wide basis or, if there bi city or village, or the s body, the mayor of a c with the power to approve or veto local laws 5. (City local law concerning Charter re', I hereby certify that the local law an of 2005 of the City of — referendum pursuant to the provisions of sec and having received the affirmative vote of voting thereon at the (special)(general) el( operative. icludes the chief executive officer of a county none, the chairperson of the county legislative r)ervisor of a town where such officer is vested ordinances. proposed by petition). exed hereto, designated as local law No. having been submitted to ion (36)(37) of the Municipal Home Rule Law, I majority of the qualified electors h city 000 s b came tion held on 6. (County local law concerning adoption of Charter). I hereby certify that the local law anpexed hereto, designated as of 2005 of the County of 199, local law No. State of New I N If any other authorized form of final adpption has been followed, please provide an appropriate certification). doriginal on file in this prI eding local l I further certify that I have compared the e law with the and of the ole of such original office and that the same is a correct transcript therefrom local law, and was -finally adopted in the manner indicated in parwhagrahp above. Town or Village Clerk ity 0 `C� legislative body�i � TdY is "CityTOwn Clerk rfthe COU leg* slative body, designated local g islative body leer dp or 0 signated by local leg John C. Masterson, Town Clerk (Seal) Date: 0e/aa Counsel, Town Attorney, (certification to be executed by County Attorney, Corporation Village Attorney or other authorized attorney Of locality). STATE OF NEW YORK COUNTY OF DUTCHESS local law contains the correct text and the undersigned, hereby certify that the foregoingnar I enactment of the local law annexed that all proper proceedings have been had or taken for the hereto. 1 '4 j ; &,—. .\d,,UMents\docs2\500\WaPPiM Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL - 0276 Joseph Ruggiero, Town S Heather Kitchen, Town Ju 6/7/05 6/7/05 Court cases for the month of May 2005 6/27/2005 2004CL - 0277 Joseph Ruggiero, Town S George Kolb, Building In 6/6/05 6/10/05 Building Inspector's Report for the Month of May 6/27/2005 2004CL - 0278 Joseph Ruggiero, Town S Joe Kolvalsky, Emergenc 6/06/05 6/20/05 Weekly Report from 6/06/05-6/12/05 6/27/2005 2004CL - 0279 Joseph Ruggiero, Town S Tatiana Lukianof, Zonin 6/1/05 6/20/05 Monthly report for the month of May 6/27/2005 2004CL - 0280 Town Supervisor Joseph Denise M. Sheehan 6/08/05 6/20/05 Letter of congratulation on receiving funding 6/27/2005 2004CL - 0281 Joseph Ruggiero, Joseph Carl S. Wolfson, Town Ju 6/08/05 6/10/05 Town Justice Report for the month of May 6/27/2005 2004CL - 0282 Town Clerk, John C. Mas William T. Curtin JR, Os 5/25/05 Alcoholic License Application 6/27/2005 2004CL - 0283 Joseph Ruggiero, Town S Patricia Maupin, reciever 6/14/05 Monthly Report for May 6/27/2005 2004CL - 0284 Joseph Ruggiero, Town S Patricia Hohmann, Clerk 5/24/05 6/1/05 Letter in regards to community forums 6/27/2005 2004CL - 0285 Skip Rottkamp, Nancy Ci Ralph Holt, Recreation C 5/27/05 6/1/05 Commission Chairman Duties 6/27/2005 2004CL - 0286 Joseph Ruggiero, Supervi Tatiana Lukianot Zonin 5/4/05 Zoning Board Monthly Report for the month of Ap 6/27/2005 2004CL - 0287 Planning Board Joseph E. Paggi, Town En 5/24/05 6/01/05 ORP-Glenham-Verizon Wireless Baxtertown Road 6/27/2005 2004CL - 0288 Planning Board Joseph E. Paggi, Town En 5/24/05 6/01/05 Nextel of New York 6/27/2005 2004CL - 0289 Joseph Ruggiero, Town S Scott E. Sheeley, Division 6/3/05 6/06/05 Application for Department Permit 6/27/2005 2004CL - 0290 Joseph Ruggiero, Town S Roger Connor, Cablevisio 5/24/05 6/01/05 Deletion of Metro Stories 6/27/2005 2004CL - 0291 Joseph Ruggiero, Town S Heather Kitchen, Town Ju 5/13/05 Court cases for the month of April 6/27/2005 2004CL - 0292 Joseph Ruggiero, Town S Jay Paggi, Town of Wapp 5/12/05 5/17/05 Wappinger Water Improvement 99-2R 6/27/2005 Wednesday, June 22, 2005 Page 1 oft Document # To From Date Received Re Agenda ' 2004CL - 0293 Joseph Ruggiero, Town S Marco Caviglia 5/13/05 5/17/05 Prosecutions for the mouth as of May 10, 2005 6/27/2005 2004CL - 0294 Shamrock of Dutchess LL New York State Departm 6/03/05 Wednesday, June 22, 2005 Application 6/27/2005 Page 2 of 2 06/27/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 27, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Amending Section 240-53 of the Town of Wappinger Zoning Law with respect to Accessory Apartments. Supervisor Ruggiero opened the Public Hearing at 7:33 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Vincent Bettina, Councilman (arrived at 7:36 pm) Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. There were none. Councilman Valdati moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:34 p.m. ohn C. Masterson Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDING SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO ACCESSORY APARTMENTS STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) JOHN C. MASTERSON, being duly sworn deposed and says: That he is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 15, 2005, your deponent posted a copy of the attached notice of Public Hearing Amending Section 240-53, of the Town of Wappinger Zoning Law with Respect to Accessory Apartments, on the sign board maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me theroA day o , 2005 .4� NOTARY -PUBLIC jlllz�l' JOHN C. MASTERSON Town Clerk Town of Wappinger , MARIA GILBRIDE s Nota Fvblic, State of New York Reg. No. OIG15087374 —' Qualified in Dutchpss Coun Commission Expires Nov. 3, �'' SOUTHERN D(.JTCHEsS NEWS RECEIVED BEACON FREE PRESS JUN 2 12005 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12530 TOWN CLERK ^-F-F 3 daW z t CD- -F Pu.b 1 z t-- z C}" To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #686,89 State of NEW YORK } SS,• Colanty of DUTCHESS } I, TTNA HEATH, being duly sworn, depose and say: that I am the BOOKKEEPER of Southern Dutchess Nevis, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of vihich the annexed is a printed Copy, was duly published in Southern Dutchess News once on 06/15/05. Sworn to before me this 17th day of June, 2005 7 ALBERT M OSTE.N Notary Public, State of NEW YORK No, 14-8240760 Qualified in QUTCHESS County My commission expires on June 15, 2007 I Poughke'opme Journal Poughkeepsie, N.Y. AFFIDAVIT Of PUBLICATION 0290 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2005 in the city of Poughkeepsie, Dutchess County, New York, and that the a nexed nsOTICE ons duly published in the said newspaper one for weeks successively, in each week, commencing on the 15f. day of 2005 and thereafter, namely on: on the following dates And ending on the day of 2005 , bo days inclusive. Subscribed and sworn to before me this Y� day of , 2005 _ A C (�zl_ _ el Lt � S My commission expires l LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 Qualified in Dutche s Cho n Commission Expires — 06/27/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 27, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Amending Section 217-12.H of the Town of Wappinger Subdivision Regulations. Supervisor Ruggiero opened the Public Hearing at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 7:36 pm) Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. There were none. Councilwoman McCarthy moved to close the Public Hearing, seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 7:33 p.m. C• John C. Masterson Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING AMENDING SECTION 217-12.H OF THE TOWN OF WAPPINGER SUBDIVISION REGULATIONS STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF POSTING JOHN C. MASTERSON, being duly sworn deposed and says: That he is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 15, 2005, your deponent posted a copy of the attached notice of Public Hearing Amending Section 217-12.11 of the Town of Wappinger Subdivision Regulations, on the sign board maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. ON Sworn to before me the day f , 2005 NOTARY'libBLIC Alnrbfis� rAm"J" 001�/ Town Clerk Town of Wappinger MARIA GILBRIDE Notary Pvblic, State of New York Re$. No. OIG15087374 Qualified in Dutchi ss Coullty� commission Expires Nov. 3, sly,. SOUTHERN DUTCHESS NEWS RECEIVED BEACON FREE PRESS 84 EAST MAIN STREET JUN 2 1 2005 WAPPINGERS FALLS, N`i' 12590 TOWN CLERK A -F -F 3. d a %,P J- t o -F F:> To" WAPPINGERS FALLS, TOWN P.O. BO:{ 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #68688 Stag of NEW YORK } } SS County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say,.* that I am the BOOKKEEPER of Southern Dutchuss News, a weakly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchass News once on 06/15/05. St,jorn to before me this 17th day of June, 2005 ALBERT tl OSTEN Notary Public, State of NEW 'YORK No. 14-8240760 Qualified in DUTCHESS County Hy commission expires on June 15, 2007 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OFt PUBLICATION 0290 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2005 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed.NOTICE was duly published in the said newspaper one inset ion for weeks successively, in each week, commencing on the ]5th day of 2005 and on the following dates thereafter, namely on And ending on the day of , 2005 both days inclusive. jt Subscribed and sworn to before me this day of 2005 Notary Public _U fiA Li My commission expires LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 Qualified in DutchessO ourjty Commission Expires _T1 06/27/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 27, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Amending Chapter 137, Freshwater Wetlands, and Sections 122-20.0 & 240-32.A of the Town of Wappinger Code. Supervisor Ruggiero opened the Public Hearing at 7:34 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Vincent Bettina, Councilman (arrived at 7:36 pm) Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. The Board recognized Peter Galotti of 27 Carroll Drive from the audience. Mr. Galotti wished to know if there was a difference from the 1987 to 1989 draft. Dave Stolman, Town Planner said there was a primary significant difference. The 1989 which we are referring to, would make any area that has wetland soils or wetland vegetation require both of those be present in order to make it a wetland. There were no further questions or comments. Councilman Paoloni moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:36 p.m. John C. Masterson Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING AMENDING CHAPTER 137, FRESHWATER WETLANDS, AND SECTIONS 122-20.0 & 240-32.A OF THE TOWN OF WAPPINGER CODE STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF POSTING JOHN C. MASTERSON, being duly sworn deposed and says: That he is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 15, 2005, your deponent posted a copy of the attached notice of Public Hearing Amending Chapter 137, Freshwater Wetlands, and Sections 122-20.0 & 240- 32A of the Town of Wappinger Code, on the sign board maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the '�3p-b day of 2005 NOTAPY#UBLIC HHN C. 4ASTERSON Town Clerk Town of Wappinger MARIA GILBRIDE 7 y Notary Pvbfic, State of New York' Reg, No. 01615081374 Qualified in DutchPss Co n Commission Expires Nov. 3, n SOUTHERN DUTCHESS NEWS RECEIVED BEACON FREE PRESS 84 EAST MAIN STREET JUN 21 2005 WAPPINGERS FALLS, NY 12S90 TOWN CLERK AfIFX&zxNYAID c> IF Pub11cc3i-t LC>" To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #68690 State of NEW YORK So County of DUTCHESS } I, TINA HEATH, being duly sworn, depose: and say. that I am the BOOKKEEPER of Southern Dut.cM"gess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 06/15%0.5. 24�t� Sworn to before me this 17th day of June, 2005 ro ALBERT M OSTEN Notary Public, State of NEW VGPK No. 14-€3240760 Qualified in DUTCHESS County My commission expires on June .:15, 2007 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION 0290 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2005 in the city of Poughkeepsie, Dutchess County, New York, and that the annexediNOTIC£E was duly published in the said newspaper one nser ion for weeks successively, in each week, commencing on the 15th day of 2005 and thereafter, namely on: on the following dates And ending on the day of 2005 , both days inclusive. Subscribed and sworn to before me this , day of , 2005 U- Notary blic My commission expires LN Li �U LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 Qualified in Dutches� o t Commission Expires