2004-06-09 RGMSUPERVISOR
JOSEPH RUGGIERO
Call to Order
Roll Call, Salute to Flag
TOWN OF WAPPINGER
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-2744
FAX: (845) 297-4558
Wednesday, June 9, 2004
6:30pm
Wappinger Town Hall
AGENDA
Suspension of Rules for Public Comment on Agenda Items
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
Public Hearing:
• Public Hearing for Local Law Amending Tenancy Terms for Water and Sewer Districts
of Improvement Areas
• Public Hearing for Local Law Amending Town Code for Permits and Approval and
Conformity Required
Discussion:
• Family Equestrian Center
Resolutions:
2004-189 Resolution Authorizing Extension of Real Properly Tax Collection for Persons
Deployed by the Military
2004-191 Resolution Adopting Local Law Amending Tenancy Terms for Water and Sewer
Districts or Improvement Areas
2004-192 Resolution Adopting Local Law to Amend Town Code for Permits and Approval
and Conformity Required
2004-193 Resolution Granting License for Family Equestrian Center
2004-194 Resolution Setting Public Hearing for Keenan Acres Drainage District
2004-195 Resolution Creating Position of Part-time Deputy Building Inspector
2004-196 Hold
2004-197 Resolution Adopting Town Board Summer Schedule
New Business/Comments
Adjournment
06/09/2004.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
June 9, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New
York on the proposed Local Law Amending Tenancy Terms for Water and
Sewer Districts of Improvement Areas.
Supervisor Ruggiero opened the meeting at 6:40 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
The Town Clerk offered for the record, the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero wished to know if there were any questions or
comments from the audience. There were none.
Councilwoman McCarthy moved to close the Public Hearing seconded by
Councilman Paoloni and unanimously carried.
The Public Hearing closed at 6:41 p.m.
Gloria J. se
Town C
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
A--Ff zcI4EXWit C> -F Pu b1 imatzCD, n
To: WAPPINGERS FALLS, TOWN
P.O. BOK 324
WAPPINGERS FALLS, NY 12590 Vl
Re: Legal notice #63147
State of NEW YORK }
} SS.
County of DUTCHESS }
I, TINA HEATH, being duly sworn, depose and
say. that I am the BOOKKEEPER of Southern
Dutchess 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 05/26/04.
Sworn to before me this 1st day of June, 2004
C _ _
NI EN Public,w V
ALBERT K
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIES IN DUTCHESS COUNTY
Expas 7J U N 15 2007
CG6MIIS310N EXPlflEB d
Poughkeepsie 3ournat
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
PUBLIC
TOWN OF
NOTICE . IS H
GIVEN that the Town
_.
af- iii
ea�
Town
' ideal
Board of the of
Wappinger will conduct a
PUBLIC HEARING on the
propose
of the Year 2004 are avail -
able for review end In.
9th day of June, 2004, at
spectlon at the ONice" of
Clerk on
8:30 p.m. at the Town Miall,
Town of Wappingep; 20
the Town
weekdeye from 8:30;6.03
Middlebush ;Road, Wap-
pingere Falle; New York,i at
to 4:00 p.m., at the' Town ;
Hall, 20 Middlebush;floed;
which time all parties in
Wappingers Falls, New
interest and citizens shall
have an opportunity to be
York.
Dated: May 24;3004 x:
heard as ti) whether,the
Town Board of tie- oWh'
of Wappinger shelf `edopf
gy Qrderofthgg
Town Bgard gtttle
ToVyn of Wdpp�n�eF
a Local Lavw
G40RIAJ.MVR CC ;
proposed ,
which will[ authorize;` an
I Town Clerk
charge on
ae well
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 in the city of
Poughkeepsie, Dutchess County, New York, and that the
one xe NOTJC E as duly published in the said newspaper
for weeks successively, in each week, commencing
on the day of
2004_ and on the following dates
thereafter, namely on:
And ending on the day of
2004 ,both days inclusive.
Subscribed and sworn to before me this
day of 12004
My commission expires
Notary Public
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AMENDMENT
TO TENANCY TERMS FOR WATER AND
SEWER DISTRICTS OR IMPROVEMENT AREAS
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
GLORIA J. MORSE, being duly sworn deposed and says:
That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger,
County of Dutchess and State of New York. That on May 25, 2004, your deponent
posted a copy of the attached notice of Public Hearing on the sign board maintained by
your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush
Road, Wappingers Falls, Dutchess County, New York.
GLORIA J. M
Town Clerk C
Town of Want
Sworn t b fore me theo?7"
day of 2004
ARIA GILBRIDE ?
Notary Pvblic, State of New YbtU
Reg. No. OIG15087374
Qualified in Dutchpss Cou
Commission Expires Nov. 3,
06/09/2004.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
June 9, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New
York on the proposed Local Law Amending Town Code for Permits and
Approval & Conformity Required.
Supervisor Ruggiero opened the meeting at 6:41 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
The Town Clerk offered for the record, the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero wished to know if there were any questions or
comments from the audience. There were none.
Councilwoman McCarthy moved to close the Public Hearing seconded by
Councilman Paoloni and unanimously carried.
The Public Hearing closed at 6:42 p.m.
YJ
GlorTow
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
A-F-Fzc!awzt c> -F P'"b1z4--atJL. csn
To. WAPPINGERS FALLS, TOWN
P.O. BOX 324
WAPPINGERS FALLS, NY 12590
s
j Re= Legal notice #63146
State of NEW YORK }
} SS.
County of DUTCHESS }
I, TINA HEATH, being duly sworn, depose and
say= that I am the BOOKKEEPER of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK; and
thata notice, of which the annexed is a
printed copy, was duly published in Southern
Dutchess News once on 05/26/04.
Sworn to before me this 1st day of June,
Notary Public
ALBERT M. OVEN
NOTARY PUBLIC, STAFE OF NEW YORK
QUALIFIES IN SlJTCHESS COUNTY
r # 14-8240760
COMMISSION EXPIRES JUN 1.l 2007
0290
Poughkecpsie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
f
of
3:30 p.m. at the Tc
town- of Wappic
Middlebush Roac
N
ihch times,eNep
htereat and cltizc
hays an Opportun
heard as to whe
Town Board of t
of Wappinger ah,
a proposed Loi
which will amer
Code 0208-8 "Pec
0240.83 "Appro
conformsry regwred",
PLEASE TAKE
NOTICE that the
the proposed U
shall provide that
In g or. site dl
shell be oermitt
site development
as to ensure the
bances to the Ian
considered In co
with, and not
dently of, the pi
tura use and dev
of property.
PLEASE TAKE
NOTICE that th
tion Lew, Part 81
(SECIRA) and pu
Local Lew 8. of,
hes determined l
are no adverse
mental Impacts
with the adoptic
Locai'Law, and
Board has issue
ative Determin
Significance for
' sect.
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
I the several times hereinafter mentioned she was and still is
4EREeY the Principal Clerk of the Poughkeepsie Newspapers Division
.Town
wn of of Gannett Satellite Information Network, Inc., publisher of
rduct e
on 'the the POUGHKEEPSIE JOURNAL, a newspaper printed and
!004, at
vn Han, published every day in the year in the city of
jar, 20
ap-f Poughkeepsie, Dutchess County, New York, and that the
York, at
is sin nnexed NOTICE was dui published in the said newspaper
:a anan:.� �ne insertion
y p
n Fane for weeks successively, in each week, commencing
a Town
I adopt on the 27th day of
r1=4 L'aw,.
I'.Towna� May
iit@; and',,
r1 end.=; 2004 and on the following dates
o f
tem, thereafter, namely on:
o
:al ;tew'r
id grad-"
urbance
d"'other'
nefami-
(h con -
approval
plan so
t clIstur-
I Will be
ilunotion
Indppen-
opsr Lfu
rlopment: And ending on the_ day of
URTHER
Ne dT, ens , 2004 ,both days inclusive.
oca¢ Law
tion pur-
8 `pf the
;oheerva
7 NYCRR
rsuent to
1992, and
het there Subscribed and sworn to before me this
epylron•
n89 -line day of , 2004
the "Town
d aAeg-
atioq. of
this., F�0'
FURTHER Notary Public
Aes_of the
Low Np.
ale fan to
tion pt tha;
owh clerk My commission expires
a.m. to 4:00 p.m., at the
Town Hall, 20 Mlddlebush
Road, Wappingers .Fells,
;.New York.
�;Qatet May 24, X004
By Orderof the
Town Boetd of ttia
Nn WPM
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AMENDING
THE TOWN CODE, SECTION 206-8,
PERMITS AND SECTION 240-83, APPROVAL
AND CONFORITY REQUIRED
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
GLORIA J. MORSE, being duly sworn deposed and says:
That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger,
County of Dutchess and State of New York.That on May 25, 2004, your deponent
posted a copy of the attached notice of Public Hearing on the sign board maintained by
your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush
Road, Wappingers Falls, Dutchess County, New York.
Q
GLORIA J. #SE
Town Cler
Town of Wappinger
Sworn to b fore me the
day of 2004
Notary Pvblic, State of N York
Rep. No. OIG15087374
Qualified in Dutchpss Coun
Commission Expires Nov. 3,
06/09/2004.WS
A Meeting of the Town Board of the Town of Wappinger was held on June 9,
2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
Supervisor Ruggiero opened the meeting at 6:40 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Maureen McCarthy, Councilwoman
Joseph Paoloni, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Supervisor Ruggiero announced, due to the passing of former President
Ronald Reagan, there will be a national day of mourning on Friday, and
most government offices have been ordered to close including the Town Hall
and Post Office.
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA
ITEMS.
Councilman Bettina moved to suspend the Rules for Public Comment on
agenda items, seconded by Councilwoman McCarthy and unanimously
carried.
• Public Hearing for Local Law Amending Tenancy Terms for Water and
Sewer Districts of Improvement Areas.
• Public Hearing for Local Law Amending Town Code for Permits and
Approval and Conformity Required.
DISCUSSION:
• Part Time Deputy Building Inspector- Supervisor Ruggiero explained
that there is on tonight's meeting, a Resolution for the boards
approval, of a seasonal part time Deputy Building Inspector to assist
with the work load in the Building Department. The Deputy would be
required to work one day a week for the remainder of the year in order
to assist with the work load in that office. Discussion followed.
• Family Equestrian Center- Supervisor Ruggiero announced that the
Family Equestrian wish to relocate to Carnwath Farms. This is an
existing program that was located in another community and the
property has since been sold to become a shopping center. If they do
not relocate, the Equestrian Center would cease to exist. Because
time is of the essence, they must get a license and under state law we
can't lease any property, but we can issue them a license. They would
E
06/09/2004.WS
like the town to set aside 5 or six acres, at no cost to the town and they
would put up temporary fencing for a corral. We have received a $6K
from Greenway that we can use for fencing at Carnwath. We also
have a trail grant for $16K that we have not spent yet, because we
have not developed a trail plan. Now we can move forward because of
this program. There would be no outlay to the town because they are a
self sustaining program and they raise all their own money through
many donations and grants. Larry Pariseau, President of the facility,
explained that this program provides equine assisted psycho therapy,
whereby children and there parents use horses as a means of therapy.
This is a strictly voluntary basis, and would be open year round.
Councilman Valdati wished to know how the Center would be funded
and what financial impact this would have on the town. He was told
that there would be no financial impact on the town and most of the
funds are solicited through contributions and grants. The program
would be open to all, and certain programs would have fees.
Discussion followed
RESOLUTION NO. 2004-193-A
RESOLUTION GRANTING LICENSE TO THE FAMILY
EQUESTRIAN CENTER, INC. TO AUTHORIZE PROPERTY
BEAUTIFICATION AND EQUESTRAIN ACTIVITIES AT CARNWATH
ESTATE
The following Resolution was introduced by Councilman Valdati and
seconded by Councilman Paoloni.
WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on
Wheeler Hill Road in the Town previously known as the "Greystone Estate"
and now known as the "Carnwath Estate"; and
WHEREAS, the property consists of approximately 99.5 acres of land,
portions of which are improved by a 19th century mansion, a dormitory
building, a large chapel, a carriage house and other related buildings and
detached structures; and
WHEREAS, the Carnwath Estate has historically had a strong affiliation
with horse raising and training, particularly for horses used for pulling
carriages and parading with carriages; and
WHEREAS, the Town has previously contracted with J. Kenneth Fraser &
Associates, P.E., L.S., L.A., P.C. (hereinafter "Fraser") to prepare a
comprehensive master plan for the development of this estate; and
2
06/09/2004.WS
WHEREAS, the Town has previously made application to the Dutchess
County Open Space and Farmland Protection Matching Grant Fund for a
grant to assist in defraying the costs of the purchase of this property; and
WHEREAS, the Town has agreed to impose a Conservation Easement on a
portion of the Carnwath Estate; and
WHEREAS, The Family Equestrian Center, Inc. (hereinafter the "Center")
has agreed to provide property beautification in connection with equestrian
activities as part of a program to provide instruction and community
enrichment in matters relating to horses and the historical heritage of horses
at the Carnwath Estate; and
WHEREAS, the proposal submitted by the Center is consistent with the
Conservation Easement proposed to be indexed against the Carnwath Estate
as well as the master plan of the property as proposed by Fraser; and
WHEREAS, the Town Board determines that the proposal submitted by the
Center is consistent with the heritage of the site, the best uses of the property
and in the best interests of the residents of the Town of Wappinger; and
WHEREAS, the Town Board has 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 pursuant to Local
Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and
WHEREAS, the Town Board has determined that the proposed Resolution
is an action for which there are no other Involved Agencies and that the
Town Board is therefore, by default, the only Involved Agency, and is the
Lead Agency for this action.
WHEREAS, the Town Board has determined that there are no adverse
environmental impacts associated with the adoption of this Resolution and
hereby issues a Negative Declaration of Significance, and the Town Clerk is
directed to file the Declaration as provided by law.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this
Resolution as if fully set forth and adopted herein.
2. The Town Board hereby authorizes and grants a revocable
license to The Family Equestrian Center, Inc. to use portions of
the Carnwath Estate to provide an equestrian program,
activities, and instructions in horse handling and related
equestrian activities consistent with the historical nature of the
Carnwath Estate and its affiliation with horses.
3. The terms of the license are as follows:
3
06/09/2004.WS
(a) the Town may terminate the license agreement upon 90 days
notice by delivering by mail or personal service to the Center
at their offices presently located at 27 Fishkill Hook Road,
Hopewell Junction, New York 12533, or at such other place
as may be designated in writing by the Center;
(b) the Center will restore and/or repair, at its own costs and
expense, any damage or disturbance to the Carnwath Estate
occasioned by the use of the property pursuant to the license
agreement;
(c) all activities shall be open to all members of the public and
any fees, if any, charged for any activities must be approved
by the Town Board in advance of collecting any fees for such
activity or program;
(d) the Center shall take out and maintain during the life of this
license agreement such liability and property damage
insurance that shall protect the Town from claims for
damages for personal injury, including accidental death, as
well as for claims for property damage, which may arise from
any activities conducted pursuant to the license agreement,
and the amounts of such insurance shall be a single limit
policy in the amount of at least $1 million dollars for bodily
injury and property damage liability claims, public liability
insurance, blanket contractual liability, broad form property
damage liability, and fire legal liability; such policy shall also
name the Town as an additional insured in said policy;
(e) the Center shall indemnify and otherwise reimburse the
Town for any and all damages or injuries to any real property
or personal property of the Town that may arise, directly or
indirectly, from the negligence, acts or omissions of the
Center, its officers, members, contractors, agents or
employees;
(f) the Center agrees to defend, indemnify and save harmless
the Town from any and all suits, actions or causes of action of
every kind, nature and description brought against the
Town for or on account of any injuries or damages received or
sustained by any party or parties by or from the negligence of
the Center, its officers, members, contractors, agents or
employees;
4
06/09/2004.WS
(g) the revocable license agreement shall also authorize the
Center to use the carriage house at the Carnwath Estate to
construct corrals, paddocks, storage facilities and shelters for
the keeping of up to 12 horses, all in accordance with a
proposal submitted to the Town Board dated June 7, 2004, a
copy of which is attached hereto marked and designated
Exhibit "A"; and
(h) the exact areas to be used by the Center for the keeping,
raising, pasturing and sheltering of the horses and for the
storage of related materials and equipment shall be
designated at a future time upon mutual agreement of the
Town and the Center which shall be incorporated in the
license agreement hereinafter referenced.
4. The Town Board expressly determines that the revocable
license authorized and granted herein:
(i) is not a conveyance of real property;
0) is not intended to grant or convey to the Center the exclusive
use of the land in which the equestrian activities are to be
conducted or located;
(k) is subject to grants, conveyances, easements and right of
ways heretofore made to others; and
(1) is subject to the rights, which the Town hereby reserves, of
the Town to:
i. use and enjoy the lands within the boundaries of the
property to be used in any manner that does not
unreasonably interfere with the rights herein of the
Center; and
ii. grant and convey easements or right of ways and uses
to others, over, across and through the lands within
the lands to be used by the Center.
4. Albert P. Roberts, Attorney to the Town, is hereby directed to draft a
revocable license agreement to be executed by The Family Equestrian Center,
Inc., and the Town, consistent with the terms and conditions as stated in this
Resolution and upon terms that are mutually acceptable to the parties.
5. The Town Board has reviewed the Proposed Action pursuant to Article
8 of the Environmental Conservation Law, Part 617 NYCRR (SEQRA)
and pursuant to Local Law 6 of 1992, and hereby determines that
there are no adverse environmental impacts associated with the
5
06/09/2004.WS
adoption of this Resolution, and hereby issues a Negative Declaration
of Significance for this project.
6. The Town Clerk is hereby directed to file the Negative Declaration of
Significance as provided by law.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Councilman
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. 2004-189
RESOLUTION AUTHORIZING EXTENSION OF REAL PROPERTY
TAX COLLECTION FOR PERSONS DEPLOYED BY THE AHLITARY
The following Resolution was introduced by Councilman Bettina and
seconded by Councilman Valdati
WHEREAS, it has come to the attention of the Town Board that the New
York Legislature, pursuant to §925-d of the Real Property Tax Law enacted
by Chapter 106 of the Laws of 2003, authorizes municipalities by adoption of
a resolution to defer real property tax collection to persons deployed by the
military, provided they meet certain eligibility requirements; and
WHEREAS, the text of §925-d containing the aforesaid eligibility
requirements is as follows:
"§925-d. Deployed military; extension
Notwithstanding any other provision of law which
relates to the collection of real property tax owed to a
municipal corporation or to the imposition of penalties or
interest therefore for a late payment owed by a person
who has been deployed by the military or by the spouse
or domestic partner of such person for real property of a
person so deployed, any deadline with respect to the
payment of such real property tax shall be extended for a
period of ninety days after the end of such deployment if
such municipal corporation has passed a local resolution
authorizing such extension. For purposes of this section
a "person deployed by the military" shall mean a person
who has been ordered to active military duty, other than
training, for the period beginning with a declaration of
war by Congress and ending with date prescribed by
Presidential proclamation or concurrent resolution of
Congress or during any periods of combat designated by
presidential executive order or hazardous duty. Any
payment on behalf of such deployed person, spouse, or
domestic partner from a real property tax escrow account
shall likewise be so extended consistent with the
provisions of this section."
r
06/09/2004.WS
WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c)(20) and
is otherwise exempt from environmental review pursuant to the New York
State Environmental Review Act (SEQRA).
NOW, THEREFORE, BE IT RESOLVED, as follows:
2. The recitations above set forth are incorporated in this
Resolution as if fully set forth and adopted herein.
3. The Town Board hereby determines that this is a Type II action
as defined in 6 NYCRR 617.5 (c)(20) and, accordingly, the Town Board hereby
expressly determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Act (SEQRA) or
pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17).
4. The Town Board hereby resolves to authorize an extension of
Real Property Tax Collection for persons deployed by the military pursuant to
§925-d of the Real Property Tax Law, enacted by Chapter 106 of the Laws of
2003, a copy of which is annexed hereto.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Councilman
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. 2004-191
RESOLUTION TO AUTHORIZE THE ADOPTION OF "LOCAL LAW
NO. #7 OF THE YEAR 2004 AMENDMENT TO TENANCY TERMS FOR
WATER AND SEWER DISTRICTS OF IMPROEMENTS AREAS"
The following Resolution was introduced by Councilwoman McCarthy and
seconded by Councilman Valdati.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. #7 of
the Year 2004 Amendment to Tenancy Terms for Water Sewer Districts or
Improvement Areas" for consideration of adoption by the Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess
News, the official news paper of the Town, and the Poughkeepsie Journal;
and
WHEREAS, a Public Hearing was held on June 9, 2004 and all parties in
attendance were permitted an opportunity to speak on behalf of or in
opposition to said proposed Local Law or any part thereof; and
WHEREAS, the Town Board determined that the proposed Local Law was
not subject to environmental review, and
7
06/09/2004.WS
WHEREAS, the Town Board of the Town of Wappinger after due
deliberation, finds that it is in the best interest of the Town to adopt said
Local Law.
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 of the Town of Wappinger hereby adopts the
Local Law entitled "Local Law No. #7 of the Year 2004
Amendment to Tenancy Terms for Water And Sewer Districts or
Improvements Areas", a copy of which hereto and made a part of
this Resolution.
3. The Town Clerk is directed to enter said Local Law in the
minutes of this meeting into the Local Law book for the town of
Wappinger and shall file the Local Law with the Secretary of
State of New York as provided by law.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Councilman
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. 192 -2004
RESOLUTION ADOPTING LOCAL LAW NO. 200448 AMENDING
TOWN CODE §206-8 "PERMITS" and §240-83 "APPROVAL AND
CONFORMITY REQUIRED"
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town
of Wappinger introducing a proposed Local Law entitled "Local Law No. #8
2004 Amending Town Code §206-8 `Permits' and `Approval and Conformity
Required"' for consideration of adoption by the Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern
Dutchess News, the official newspaper of the Town, and the Poughkeepsie
Journal; and
WHEREAS, a Public Hearing was held on June 9, 2004 and all parties in
attendance were permitted an opportunity to speak on behalf of or in
opposition to said proposed Local Law or any part thereof; and
06/09/2004.WS
WHEREAS, the Town Board determined that the proposed Local Law was
subject to environmental review and issued a Negative Declaration of
Significance; and
WHEREAS, the Town Board of the Town of Wappinger after due
deliberation, finds that it is in the best interest of the Town to adopt said
Local Law.
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 of the Town of Wappinger hereby adopts the
Local Law entitled "Local Law No. #8 -2004 Amending Town Code §206-8
`Permits' and `Approval and Conformity Required"', a copy of which is
attached hereto and made a part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the
minutes of this meeting into the Local Law book for the Town of Wappinger
and shall file the Local Law with the Secretary of State of New York as
provided by law.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Councilman Voting Aye
Robert Valdati, Councilman Voting Aye
r Vincent Bettina, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2004-194
RESOLUTION SETING PUBLIC HEARING FOR KEENAN ACRES
DRAINAGE
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Bettina.
WHEREAS, written Petitions dated April 21, 2004, executed by Mid -Hudson
Holdings, LLC as well as Nicolas J. Romano and Deana Romano have been
presented to and filed with the Town Board of the Town of Wappinger, New
York requesting the approval of a drainage district to be known as the
"KEENAN ACRES DRAINAGE DISTRICT", which is more particularly
described in the attached Map, Plan and Report; and
WHEREAS, the Petitions that have been executed by Mid -Hudson Holdings,
LLC and Nicolas J. Romano and Deana Romano, represent the owners of
100% of the property contained in the proposed drainage district; and
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06/09/2004.WS
WHEREAS, the properties to be included within the KEENAN ACRES
DRAINAGE DISTRICT consist of those properties described in Exhibit "A"
attached hereto and hereby incorporated herein; and
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for
the Keenan Acres Stormwater Maintenance District", dated May 24, 2004
and relating to the establishment of the proposed drainage district, was
prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of
the State of New York; and
WHEREAS, the aforementioned Map, Plan and Report, has been duly filed
with the Town Clerk, and has been prepared in a manner and in such detail
that this Town Board has determined that said Map, Plan and Report is in
accordance with the requirements of Article 12 of the Town Law; and
WHEREAS, the improvements proposed consist of the construction and
maintenance of a drainage system to serve said district in accordance with
certain plans incorporated in the Map, Plan and Report and which is hereby
adopted by this Town Board and is now on file in the office of the Town
Clerk; and
WHEREAS, it is the intention of Petitioner Mid -Hudson Holdings, LLC to
construct said drainage system at its own expense and upon completion to
transfer said drainage system to the Town of Wappinger, without any
consideration, and all costs and expenses occasioned by the creation of this
District shall be borne by the Petitioner, Mid Hudson Holdings, LLC; and
WHEREAS, Mid -Hudson Holdings, LLC shall install all improvements
referenced in the Map, Plan & Report and dedicate same to the District upon
completion thereof; and
WHEREAS, the improvements to be constructed for the KEENAN ACRES
DRAINAGE DISTRICT shall consist of 26 catch basins, 4 detention pond
reservoirs, 1 swale along the eastern boundary line, 20 L.F. of 15" HDPE
pipe, 1508 L.F. of 18" HDPE pipe, 70 L.F. of 24" HPDE pipe, associated end
sections, existing wetlands, rip -rap inlet and outlet protection, and 21' of 28"
CMP culvert; and
WHEREAS, the maintenance of all drainage easements and incidental
improvements and expenses in connection therewith is more fully described
in the Map, Plan and Report hereinbefore described; and
WHEREAS, following the aforementioned Petitioner's construction and
dedication of the improvements to the Town, the cost of and for maintaining
the District shall be assessed, levied, and collected from the several lots and
parcels of land within said district in proportion as may be to the benefit
which each lot and parcel of land in said district will derive there from; and
10
06/09/2004.WS
WHEREAS, the Map, Plan and Report, including an estimate of cost have
been prepared in such manner and in such detail as has theretofore been
determined by the Town Board of the Town of Wappinger, Dutchess County,
New York, relating to the establishment of a proposed Drainage District of
the Town of Wappinger, Dutchess County, New York, to be known as the
KEENAN ACRES DRAINAGE DISTRICT; and
WHEREAS, the maximum estimated cost of said improvements to the Town
is $0; and
WHEREAS, there are no hook-up fees proposed to the typical property in the
KEENAN ACRES DRAINAGE DISTRICT; and
WHEREAS, the estimated cost of the KEENAN ACRES DRAINAGE
DISTRICT for the first year budget will be approximately $3,600.00,
resulting in a cost to the typical property therein, equally divided among
eighteen (18) lots, of Two Hundred Dollars ($200) per lot; and
WHEREAS, a detailed explanation of the manner by which the computations
for the estimated first-year costs to the typical property in the KEENAN
ACRES DRAINAGE DISTRICT is contained within the aforesaid Map, Plan
and Report which has been filed in the office of the Town Clerk where the
same is available during regular office hours for examination by any person
interested in the subject manner thereof; and
WHEREAS, the Town Board determines that the creation of this Drainage
District is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of
the Code of the Town of Wappinger, and, accordingly, the Town Board hereby
expressly determines that this action is not an action that requires review
pursuant to the provisions of the New York State Environmental Quality
Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of
Wappinger or pursuant to 6 NYCRR Park 617; and
WHEREAS, it is now desired to call a public hearing upon the question of
the establishment of the KEENAN ACRES DRAINAGE DISTRICT, all
pursuant to §209-d of the Town Law.
NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of
Wappinger, Dutchess County, New York as follows:
1. Recitations Incorporated. The recitations above set forth are
incorporated in this Order as if fully set forth and adopted herein.
2. Public Hearing. The Town Board hereby determines that a
meeting of the Town Board of the Town of Wappinger, Dutchess County, New
York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York, in said Town, on the 28th day of June, 2004 at 7:30 P.M.,
prevailing time, for the purpose of holding a Public Hearing to consider the
11
06/09/2004.WS
establishment of the KEENAN ACRES DRAINAGE DISTRICT described in
the preambles hereof and to consider the Map, Plan and Report filed in
relation thereto, and to hear all persons interested in the subject matter
thereof concerning the same, and for such other action on the part of said
Town Board as may be required by law or shall be proper in the premises.
3. Posting. The Town Clerk is hereby authorized and directed to
cause a copy of this Order to be published once in the Southern Dutchess
News, the official newspaper of the Town, and the Poughkeepsie Journal, the
first publication thereof to be not less than ten nor more than twenty days
before the day set herein for the hearing as aforesaid, and said Town Clerk
shall also cause a copy thereof to be posted on the sign -board of the Town
maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to
send, by first class mail, a copy thereof to each owner of taxable real property
within the proposed KEENAN ACRES DRAINAGE DISTRICT, as shown
upon the latest completed assessment role of the Town, each not less than ten
nor more than twenty days before the day set for the hearing as aforesaid.
4. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Councilman Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution was thereupon declared duly adopted.
RESOLUTION NO. 2004-195
RESOLUTION CREATING THE POSITION OF PART-TIME
DEPUTY BUILDING INSPECTOR
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy
WHEREAS, the Town Board wishes to create the new position of Part-time
Deputy Building Inspector, and
WHEREAS, the position will pay a salary of Grade 7, Step 1 with pay at
$16.91 per hour, and
WHEREAS, the duties of the Part-time Deputy Building Inspector will
include:
• Review and approve or disapprove plans and
specifications submitted for building permits
• Inspect building and structures in the process of
construction or repair for compliance with approved plans
`m
06/09/2004.WS
and specifications and all requirements of applicable
ordinances and laws
• Issue Building Permits
• Check permit applications for compliance with zoning
ordinances
• Inspect piping, traps, fixtures and drainage
• Interact with the public
• Inspect buildings which contain combustible or ignitable
substances.
• Inspect existing structures
• Order unsafe conditions in existing buildings to be
removed, and arrange condemnation
• Monitor buildings and structures during construction
• Investigate complaints and assists in prosecuting
violations
• Maintains records of acts and decisions
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution
as if fully set forth and adopted herein.
2. The Town Board hereby creates the position of Part-time Deputy
Building Inspector which will pay a salary of Grade 7, Step 1 with pay
at $16.91 per hour with job duties that will include:
• Review and approve or disapprove plans and specifications
submitted for building permits
• Inspect building and structures in the process of construction or
repair for compliance with approved plans and specifications
and all requirements of applicable ordinances and laws
• Issue Building Permits
• Check permit applications for compliance with zoning
ordinances
• Inspect piping, traps, fixtures and drainage
• Interact with the public
• Inspect buildings which contain combustible or ignitable
substances.
• Inspect existing structures
• Order unsafe conditions in existing buildings to be removed, and
arrange condemnation
• Monitor buildings and structures during construction
• Investigate complaints and assists in prosecuting violations
13
06/09/2004.WS
• Maintains records of acts and decisions
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Councilman
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution was thereupon declared duly adopted.
RESOLUTION NO. 2004-197
RESOLUTION AMENDING TOWN BOARD SCHEDULE OF MEETINGS
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy.
WHEREAS, the Town Board has heretofore established a Schedule of Town
Board Meetings for Calendar Year 2004; 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 12, 2004 at 7:30
p.m., August 9, 2004, and August 23, 2004 at 7:30 p.m. are hereby cancelled.
3. Two (2) new Town Board Meetings are hereby scheduled for July
26, 2004 at 7:30 p.m. and August 30, 2004 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 13, 2004 Town Board Meeting.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Councilman
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution was thereupon declared duly adopted.
There was no further business to come before the Board.
14
I
06/09/2004.WS
Councilman Bettina moved to close the meeting seconded by Councilwoman
McCarthy and unanimously carried.
The meeting adjourned at 7:30 p.m.
9
Gloria orse
Town erk
15
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(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.
KW of --- Wappinge-----
r
Town---------------------------------------------------------
Local Law No. ------------- #?____________________ of the year 20-Q_4_
A local law __ entitled "Local Law_ No. _ of the_ Year_ 2004.. -y to__�enancy Terms
(Lueit Title)
__ for _Water _and_ Sewer_ Districts_ or__Jjnprov_ep►ent_AreaN-------------------------
Be______________________
Be it enacted by the ---------- Its__$gard-------------------------------------------------------------- of the
(Name ofLelWative Body)
of --- Wappinger---------------------- --------------------------------------
--------- as follows:
Town
TEXT COM IENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) (1)
LOCAL LAW NO. # OF THE YEAR 2004 AMENDMENT
A Local Law entitled "Local Law No. #7 of the Year 2004 Amendment to Tenancy
Terms for Water and Sewer Districts or Improvement Areas."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger "Local Law No. #7 of
the Year 2004 Amendment to Tenancy Terms for Water and Sewer Districts or Improvement
Areas", which shall establish a new Article II, Chapter 236 "Water and Sewer Charges" of the
Town Code of the Town of Wappinger, as set forth below.
Section II: Legislative Intent:
Inadvertently when Local Law Z of the Year 2004, Section II was adopted, it was
indicated that "After five (5) years, the thirty percent (30%) surcharge and O&M charges
will be eliminated". The correct recitation should have been "After five (5) years, the thirty
percent (30%) surcharge on O&M charges will be eliminated". The purpose of this Local
Law is to correct what was, in effect, a typographical error in Section II of the original
Local Law #7 of the Year 2004.
Section III: Amendment to Local Law of the Year 2004:
Local Law 7 of the Year 2004 is hereby amended as follows:
1. Section II entitled "Legislative Intent" of said Local Law is amended by changing
the last sentence thereof to read as follows:
"After five (5) years, the thirty percent (30%) surcharge on O&M charges will be
eliminated, however, the tenant will continue to be charged O&M charges as
established by the Town Board thereafter."
\\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing- Amendment.doc
2. Section III entitled "Tenancy Terms" of said Local Law is amended as
follows:
"3. For the first five (5) years of tenancy, the Operation and Maintenance
charges will be increased by thirty percent (30%); after five (5) years, the thirty
percent (30%) increase will be eliminated and the tenant will only be charged
O&M charges as set by the Town Board thereafter."
Section IV: 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 application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger 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 thereof is held inapplicable had been specifically exempt therefrom.
Section V: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
\\Vsip03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing- Amendment.doc
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out 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. ----- #1 --------------------------- of 20404 --
of the ()1��Town) ) of --- Wapp:Lagar---------------------------------------------- was duly passed by the
---------- Tom _$card______________________ on--lu"--4------ 20Q4 -, in accordance with the applicable provisions of law.
(Name of Legislative Body)
LM 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 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
_______________________________________________ on ------------------ 20 __. , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer•)
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 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive Officers)
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 (gene ral)(special)(annual) election held on ------------------ 20L--- , in
accordance with the applicable provisions of law.
irr..
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 20 ------
of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the
--------------------------------------------------- on ------------------
20-___ , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the __________________________________________________ on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20___ , 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.
(2)
rZ
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 20 ------
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------------------- 20----,
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 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, 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 cit-
ies 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.
(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 in-
dicated in paragraph ---- 1------- above. - , - n
(Seal)
Clerk of the County le if dy, ClJ6, Town or Village Clerk
or officer designated b to egislati body
GLORIA MORS Town lerk
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
6MSTATE OF NEW YORK
COUNTY OF nntrhpss
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.
Attorney Albert P Roberts
Title
Town
of - WapRinger
Date: i� 2004
(3)
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. # 8 of the year 20 04
A local law (Insert Title) entitled "Local Law # 8 of 2004 amending the Town Code
Section 206-8. Permits and Section 240-83 Approval and conformity
required."
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 # 8 OF THE YEAR 2004
A Local Law entitled "Local Law # 8 of 2004, amending the Town Code, Section 206-8,
Permits and Section 240-83, Approval and conformity required."
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 #_a_ of 2004, amending the
Town Code, Section 206-8, Permits and Section 240-83, Approval and conformity
required."
Section 2: Legislative Intent
The amendments seek to address the issue of site disturbance and grading for commercial
properties being undertaken speculatively and in anticipation and independent of future
site plan development and approval, which, unregulated, can negatively affect public
safety, property values and the environment. The separation of land disturbances and the
consideration and planning of future land use represent segmentation of the evaluation of
the cumulative impacts of development, as set forth in SEQRA, and is strongly
discouraged. By stipulating that no grading or site disturbance shall be permitted, other
than for one (1) one -family dwelling, except in conformity with an approved site
development plan, the amendments will ensure that disturbances to the land will be
considered in conjunction with, and not independently of, the proper future use and
development of the property.
Section 3: Section 206-8, Permits, of the Town of Wappinger Town Code, shall be
amended to read as follows:
"§206-8. Permits.
A. Requirement. Except as exempted by Subsection B of this section, no applicant
shall do any grading, stripping, cutting, filling or other site preparation for a one -
family, - dwelling without a valid grading permit issued �by the Zoning
Administrator, or for anything other than a one -family dwelling, :.site plan approval
from the Planning Board, pursuant to Section 240-83.
B. Application. A separate application shall be required for each grading permit.
Plans, specifications and timing schedules shall be submitted with each application
for a grading permit. The plans shall be prepared or approved and signed by a
professional engineer, surveyor or an architect at a scale acceptable to the Zoning
Administrator and shall be reviewed and approved, disapproved or modified by
the Engineer to the town. The Zoning Administrator may waive the preparation or
2
approval and signature by the applicant's professional engineer, surveyor or
architect when the work entails no reasonable hazard to the adjacent property."
Section 4. Chapter 240-83, Approval and Conformity Required, of the Town of
Wappinger Town Code shall be amended to read as follows:
"§240-83. Approval and conformity required.
No building permit shall be issued, no grading, stripping, cutting, filling or other site
preparation or disturbance shall be permitted, and no structure or use shall be established,
other than for one (1) one -family dwelling, except in conformity with an approved site
development plan, and no certificate of occupancy for such structure or use shall be
issued until all the requirements for such approval and any conditions attached thereto
have been met, except as may be otherwise specifically provided for in the resolution of
site plan approval. The continued validity of any certificate of occupancy shall be subject
to continued conformance with such approved plans and conditions. Revisions of such
plans and changes of approved uses shall be subject to the same approval procedure. Any
proposed construction of new structures or additions thereto or any change or
modification of use of property which adds to or modifies a previously approved site
development plan shall require further site plan approval, termed amended site plan
approval by the Planning Board. The Zoning Administrator shall enforce all
requirements and conditions of the approved site development plan."
Section 5.
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,
r... readopted and confirmed.
Section 6: 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 and
had been
specifically exempt there from.
3
Section 7: 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.
its of 2004 of the (GU=y) (@M (Town) ()L&&e) of
WAPPINGER was duly passed by the TOWN BOARD on
JUNE 9, 2004, in accordance with the applicable provisions of law.
(Name of Legislative Body)
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
of 2004 of the (County) (City) (Town)
was duly passed
on 2004, and was
approved) (repassed after
(Name of Legislative Body)
disapproval) by the
2004)
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum).
local law No.
(Village) of
by the
(approved) (not
and was deemed duly adopted on
I hereby certify that the local law annexed hereto, designated as
of 2004 of the (County) (City) (Town)
was duly passed
on 2004, and was
local law No.
(Village) of
by the
(approved) (not
approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2004. Such local
law was submitted
(Elective Chief Executive Officer*)
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)
m
(special) (annual) election held on 2004, 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 2004 of the (County) (City) (Town) (Village) of
was duly passed by the
on 2004, and was (approved) (not
approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2004. Such local
law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of
2004, 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 2004 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 20045
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 2004 of the County of State of New
York, having been submitted to the electors at the General Election of November
2004, 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.
61
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
T . above.
121
Clerk of the Bn&K10iffgkU
or officer designated by loc
V r
(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 TITTTCHRss
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.
Signature
Title
Gemity-
eity"af-
Town
Date:
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