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2003-04-28 RGMMonday, April 28, 2003 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to the Flag Public Hearing: Local Law Adopting Shed Amnesty Local Law Amending the Town of Wappinger Vehicles and Traffic Code - Designating Stop Intersections (Pye Lane at Beatty Road) Suspension of Rules for Public Comment on Agenda Items Discussions: Greystone Update -Fraser Associates Project Labor Agreement/Due Diligence for Community Court Facility Gasland Petroleum Amendments to the Planning and Zoning Department Fee Schedule Historic Preservation Law Correspondence Log: 2003-114 to 2003-176 Resolutions: 2003-102 Resolution Adopting Local Law for Required Street Frontage and Phase II Preparation of Preliminary Plat and Construction Plans 2003-123 Resolution Authorizing Supervisor to Sign Little League Contract 2003-124 Resolution Authorizing Supervisor to Sign a Contract with Arace & Company Consultants 2003-125 Resolution of Support for Bridge Name Change and Home Rule Request 2003-126 Resolution Authorizing Pearson Escrow Refund 2003-127 Resolution Authorizing Bid for New Mower for Recreation 2003-128 Resolution Authorizing Tick Spray for Recreation 2003-129 Resolution to Authorize the Adoption of Local Law Entitled Shed Amnesty 2003-131 Resolution Introducing Amendments to the Planning and Zoning Department Fee Schedule and the Escrow Procedure and Initial Deposit Schedule and Incorporating Said Schedules into Chapter 240, Zoning of the Town Code 2003-133 Resolution Authorizing Appeal for Gaslands 2003-134 Resolution Introducing CLGP Historic Law 2003-135 Resolution Awarding Bids for Surplus Highway Vehicles 2003-136 Resolution Accepting Correspondence Log New Business/Comments Executive Session 99-2R Contract 6 Adjournment 04/28/2003.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on April 28, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Robert Valdati, Councilman Gloria J. Morse, Town Clerk The Supervisor asked all to join in the Pledge of Allegiance to the Flag. PUBLIC HEARINGS: 1. Local Law Adopting Shed Amnesty 2 Local Law Amending the Town of Wappinger Vehicles & Traffic Code Designating Stop Intersection (Pye Lane at Beatty Road.) SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Colsey moved to suspend the rules for purposes of public comment on agenda items. Seconded by Councilman Bettina Motion Unanimously Carried DISCUSSIONS: • Greystone Update, Fraser Associates -Roger Merman of Fraser Associates went over plans and recommendations for allowing the site to eventually be self sustaining. Supervisor Ruggiero announced that the Town has received another grant for $6,000 from Greenway and we had a meeting with Barbara Akeley with County Planning regarding a $280,00 grant which the county will be awarding to Greystone. We have also received information from the New York State Office of Parks for Historic Preservation that our grant applications scored very high last year in the cycle. We scored three out of fifty two in the region and this year feel we will be successful in achieving a goal for the grant. We plan on holding a dedication and reception on June 26, with many dignitaries in attendance and the public a one time tour on the 28th before closing it for restoration. • Project Labor Agreement/Due Diligence for Community Court Facility - Al Roberts explained that the Project Labor Agreement is an 04/28/2003.RGM agreement between the trade unions that might work on a project in the municipality. Once the agreement is entered into, it would be for a no strike period during the length of the contract. Ed Reiss of Arace & Company went over the benefits and potential cost savings by employing the use of the Project Labor Agreement/Due Diligence. Discussion followed. • Gasland Petroleum -Al Roberts, Attorney to the Town announced that because the Appellate Division determined that the ZBA of the Town of Wappinger lacked jurisdiction to issue variances with respect to special use permit criteria, he feels it is in the best interest of the Town to appeal the Decision and Order of the Appellate Division, regarding the Article 78 commenced against the Town by Gasland Petroleum. • Amendments to the Planing & Zoning Department Fee Schedule. Town Planner, Dan Wery explained this amendment would take care of minor applications and alleviate the financial burden imposed on applicants who submit applications of a minor nature. • Historic Preservation Law. Town Planner, Dan Wery gave a short report on the law explaining the standards for designating properties as well as for procedures and standards for the review involving the demolition and alteration of any landmark properties. CORRESPONDENCE LOG 2003 -CL -114 TO 2003-CL176 (See Attached Sheets) RESOLUTION NO. 2003-102 ADOPTING LOCAL LAW FOR REQUIRED STREET FRONTAGE & PHASE II PREPARATION OF PRELIMINARY PLAT & CONSTRUCTION PLANS The following resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase II.- Preparation of Preliminary Plat and Construction Plans, should be respectively amended and revised to: 1) clarify the application of the minimum frontage requirement vis-a-vis flag lots in so far as to plainly state that no portion of access to lot and/or a frontage strip of land for a lot shall be less than fifty (50) feet wide, and 2) to limit the timeframe to five years in which approval of a preliminary plat can be extended (the "Proposed Action"); and WHEREAS, the Town Board determined that th Proposed Action is a Type I action pursuant to Article 8 of the Environmental conservation Law, Part 617 2 04/28/2003.RGM NYCRR (commonly knonw as "SEQRA") via Local Law No. 6 of 1992 (the Town"s environmental quality review law which lost all zoning amendments at Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Bord is therefore, by default as the only involved agency, the Lead Agency for this action. 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, but rather will clarify existing provisions of the Zoning Law and will encourage the orderly and rational development of the Town 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. of 2003; and except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from 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: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Nay CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-123 RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger Little League Association provide softball and baseball activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association; and 3 04/28/2003.RGM WHEREAS, the Town has fully complied with its procurement policy with parties and further finds that pursuant to Town Code §46-3 (b) (3) respect to its Eight Thousand Dollar ($8,000.00) the agreement between the parties shall be exempt from the Town procurement policy and may be properly classified as one of the "sole source situations". 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 hereby agrees to enter into a written Agreement for Eight Thousand Dollars ($8,000.00) between the Town of Wappinger and Town of Wappinger Little League Association which will provide softball and baseball activities for the boys and girls of the community for the 2003 season. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town said Agreement between the Town of Wappinger and Town of Wappinger Little League Association in substantially the same form as attached hereto. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-124 RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND ARACE & COMPANY CONSULTANTS, LLC The following Resolution was introduced by Councilman Paoloni and seconded by Supervisor Ruggiero. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger commission a Due Diligence Study to determine the feasibility of the use of a Project Labor Agreement (hereinafter referred to as "PLA") for the proposed construction of the Town Court and Community Building; and WHEREAS, Arace & Company Consultants, LLC with an office at 350 Neelytown Road, Montgomery, New York 12549 has submitted a proposal dated April 11, 2003, a copy of which is attached hereto, totaling Fifteen Thousand Dollars ($15,000.00) for the cost of the study to be completed within approximately thirty (30) days; and 4 04128/2003.RGM WHEREAS, Arace & Company Consultants, LLC's study would include the following: • projected potential cost savings — direct and indirect — that may be realized through the implication of a PLA; • potential cost savings from on-time and on -budget completion of the project; • potential for cost savings from coordinating various craft schedules through uniform agreement instead of various labor union agreements; • examine cost savings from the implication of uniform work days and shifts; • potential benefits of insuring labor harmony for the duration of the project and avoidance of costly delays and strikes; • historical data on the use of PLAs in the Mid -Hudson Valley; and whether a PLA will provide more immediate access to an adequate pool of skilled craftpersons for each trade; and WHEREAS, the Town Board further finds that it is in the best interest of the Town to commission the Due Diligence Study to determine the feasibility of the use of a Project Labor Agreement (PLA) with respect to the proposed construction of the Town Court and Community Building based upon its preliminary research findings indicating potential cost savings in this public works project by employing the use of a PLA; and WHEREAS, elements of the Due Diligence Study may be incorporated into future assessments of whether it is in the best interest of the Town to employ a PLA in future public work projects which should reduce the costs for any future Due Diligence studies; and WHEREAS, the Town is required to obtain a detailed cost -benefit analysis from an independent consultant evaluating whether the PLA at issue is feasible and would provide cost savings within the context of the local labor environment as a pre -condition of the Town prior to entering into any PLA. 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 hereby agrees to enter into a written agreement at a cost not to exceed Fifteen Thousand Dollars ($15,000.00) between the Town of Wappinger and Arace & Company Consultants, LLC to commission a Due Diligence Study to determine the feasibility of the use of a Project Labor Agreement (PLA) with respect to the proposed construction of the Town Court and Community Building. yu 04/28/2003.RGM Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Agreement between the Town of Wappinger and Arace & Company Consultants, LLC on behalf of the Town in substantially the same form as attached hereto. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-125 RESOLUTION TO AUTHORIZE THE NAMING OF PETER C. FURNARI MEMORIAL BRIDGE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, Peter C. Furnari was the Mayor of the Village of Wappingers Falls responsible for numerous achievements including modernizing the Village by spearheading the "Save the Lake" Campaign resulting in the purchase by the Village of Wappingers Falls of the Wappingers Lake as well as the riparian rights upstream to the Red Oaks Mill Dam thereby preserving the lake's historical and recreational value for future generations; and WHEREAS, on March 14, 2003, Peter C. Furnari passed away; and WHEREAS, in a letter dated April 9, 2003 to Assemblyman Joel Miller, Mr. and Mrs. Ronald Bischoff have requested that the bridge that passes over Wappingers Lake via Route 9 be named the Peter C. Furnari Memorial Bridge; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls wish to honor the memory of Peter C. Furnari for his numerous contributions to the community including facilitating the purchase of Wappingers Lake. 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 hereby names the bridge passing over Wappingers Lake via Route 9 the "Peter C. Furnari Memorial Bridge" in accordance with the written request dated April 9, 2003 from Mr. and Mrs. Ronald Bischoff to Assemblyman Joel Miller. 04/28/2003.RGM The Town Clerk is hereby directed to notify the Dutchess County Enhanced 911 program of said bridge name. Town Supervisor Joseph Ruggiero is authorized to submit a Home Rule Request to Assemblyman Joel Miller's office in support of the bridge naming. The name of the bridge passing over Wappingers Lake via Route 9 shall take effect and become the "Peter C. Furnari Memorial Bridge" upon the adoption of the Home Rule Request by the New York State Legislature and the Governor of the State of New York. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-126 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 141 WIDMER ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, on or about April 12, 2002, Bruce Pearson deposited One Thousand, Five Hundred Dollars ($1,500) with the Town of Wappinger in escrow for the purpose of seeding the property at 141Widmer Road pursuant to Permit No. c% 2002-0132; and WHEREAS, the seeding has now been satisfactorily completed and the return of the unused escrow amount of One Thousand, Five Hundred Dollars, ($1,500) has been recommended by Karl Seebruch, Building Inspector to the Town of Wappinger, in his letter dated March 31, 2003 to the Town Board Members. 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. Payment is approved in the amount of One Thousand, Five Hundred Dollars ($1,500) made payable to Bruce Pearson., Permit Number c/o 2002-0132, for the refund of the unused escrow funds deposited for seeding at 141 Widmer Road.. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted 7 04128/2003.RGM RESOLUTION NO. 2003-127 RESOLUTION AUTHORIZING THE PURCHASE OF A COMMERCIAL MOWER ON BEHALF OF THE RECREATIONAL COMMITTEE The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger Recreation Committee is responsible for maintaining approximately 240 acres of land which includes mowing that area at a frequency of twice weekly according to Town of Wappinger Recreation Committee Chairman Ralph J. Holt; and WHEREAS, the equipment currently in use to accomplish the maintenance and mowing of the lands managed by the Town of Wappinger Recreation Committee is in need of increasing repairs as a result of its age and frequency of use; and WHEREAS, it is in the best interests of the Town of Wappinger to purchase a new commercial mower with a 72 inch rotary side discharge front mower deck to replace the aging equipment currently in use as it would be more cost effective to the Town; and WHEREAS, pursuant to the Town's Procurement Policy, an advertisement for bids was duly published in the Southern Dutchess News and bids were opened on April 22, 2003 at 11:00 a.m. for the purchase of a commercial mower with a 72 inch rotary side discharge front mower deck; and WHEREAS, Adams Power Equipment submitted the only bid for the sale of the commercial mower totaling Seventeen Thousand, Four Hundred and Eighty Nine Dollars ($17,489.00), which amount was found to be reasonable by Recreation Committee Chairman Ralph J. Holt; and WHEREAS, in correspondence dated April 23, 2003 and attached hereto from Recreation Committee Chairman Ralph J. Holt to Town Supervisor Joseph Ruggiero, the Recreation Committee requested permission to obtain a purchase order in the amount of Seventeen Thousand, Four Hundred and Eighty Nine Dollars ($17,489.00) for the purchase of a commercial mower with a 72 inch rotary side discharge front mower deck. 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 of Wappinger Recreation Committee is hereby authorized to obtain a purchase order in the amount of Seventeen Thousand, Four Hundred and Eighty Nine Dollars ($17,489.00) for the purchase of a commercial mower with a 72 inch rotary side discharge front mower deck from Adams Power 04/28/2003.RGM Equipment pursuant to the request from the Town of Wappinger Recreation Committee Chairman Ralph J. Holt. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-128 RESOLUTION AWARDING CONTRACT FOR TICK CONTROL SPRAYING The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the Recreation Committee recommends the spraying of the Town of Wappinger Recreation Areas for the control of ticks; and WHEREAS, pursuant to the Town's Procurement Policy, an advertisement for bids was duly published in the Southern Dutchess News and bids were received for tick control spraying at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area; and WHEREAS, in correspondence dated April 23, 2003 and attached hereto from Recreation Committee Chairman Ralph J. Holt to Town Supervisor Joseph Ruggiero, the Recreation Committee recommended the contract for three tick control spraying at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area be given to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, New York 12590 in a total amount not to exceed $13,725. 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 Contract for tick control spraying in May 2003 at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area is hereby awarded to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, New York 12590, for the price of Four Thousand, Five Hundred and Seventy Five Dollars ($4,575.00), from 9 04128/2003.RGM Recreation Account No. A-7110.4, in accordance with the award recommendation letter dated April 23, 2003 from Ralph J. Holt, Chairman of the Town of Wappinger Recreation Committee, to Supervisor Joseph Ruggiero. 3. The Contract for tick control spraying in late June/ early July 2003 at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area is hereby awarded to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, New York 12590, for the price of Four Thousand, Five Hundred and Seventy Five Dollars ($4,575.00), from Recreation Account No. A-7110.4, in accordance with the award recommendation letter dated April 23, 2003 from Ralph J. Holt, Chairman of the Town of Wappinger Recreation Committee, to Supervisor Joseph Ruggiero. 4. The Contract for tick control spraying in late September/ early October 2003 at Castle Point Recreation Area, Rockingham Park, Robinson Lane Park, Airport Park, Martz Field, Schlathaus Park, Quiet Acres Recreation Area and Spook Hill Recreation Area is hereby awarded to Waverly Pest Control doing business at P.O. Box 1231, Wappingers Falls, New York 12590, for the price of Four Thousand, Five Hundred and Seventy Five Dollars ($4,575.00), from Recreation Account No. A-7110.4, in accordance with the award recommendation letter dated April 23, 2003 from Ralph J. Holt, Chairman of the Town of Wappinger Recreation Committee, to Supervisor Joseph Ruggiero. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-129 RESOLUTION TO AUTHORIZE THE ADOPTION OF LOCAL LAW NO.5 OF THE YEAR 2003 ENTITLED "SHED AMNESTY LAW' The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law No.5 of the Year 2003 ire 0412812003.RGM entitled "Shed Amnesty Law" 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 April 28, 2003 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 is subject to environmental review; and WHEREAS, the Town Board has determined that the proposed action is a Type I Action pursuant to Article 8 of the Environmental Conservation Law, Part 6 NYCRR 617 (commonly known as SEQRA) and pursuant to a Chapter 117 of the Town of Wappinger Code (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has reviewed the intended action with respect to the criteria set forth in Part 6 NYCRR 617 and Chapter 117 of the Town of Wappinger Code and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby adopts a Negative Declaration of Significance for this action, a copy of which is attached hereto as Exhibit A; 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 No. 5 of the Year 2003 entitled "Shed Amnesty Law", 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, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted 11 0412812003.RGM RESOLUTION NO. 2003-131 INTRODUCING AMENDMENTS TO THE PLANNING & ZONING DEPARTMENT FEE SCHEDULE, ESCROW PROCEDURE, INITIAL DEPOSIT SCHEDULE & INCORPORATING SAID SCHEDULES INTO CHAPTER 2409 ZONING OF THE TOWN CODE The following resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, the Town Board of the Town of Wappinger has determined that the following amendments should be made to Chapter 240, Zoning: 1) Amend the Planning and Zoning Department Fee Schedule to incorporate a minor fee and procedure for conceptual reviews before the Planning Board; 2) Amend the Escrow Procedure and Initial Deposit Schedule to alleviate the financial burden imposed on applicants who submit applications of a minor nature to he Planning Board, by creating a new class of applications, "Minor Applications," which would require the applicants for such minor applications to deposit and maintain an escrow fund of $500, instead of the significantly higher escrow funds which are normally required; and 3) Incorporate said schedules into Chapter 240, Zoning, of the Town Code (the "Proposed Action") WHEREAS, the Town Board has determined that he Proposed Action is a Type II action pursuant to Article 8 of the Environmental Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental Quality review law), which actions have been determined not to have a significant adverse impact upon the environment and are exempt from further environmental review in accordance with SEQRA; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger introduces for consideration of its adoption proposed Local Law No. of 2003 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2003 for 7:30 p.m. on the 27th day of May, 2003 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed law 12 04/28/2003.RGM a.. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and To distribute a copy of this resolution and the annexed proposed Local Law to the Town of Wappinger Planning Board for its review and recommendations pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-133 RESOLUTION AUTHORIZING THE APPEAL TO THE NEW YORK STATE COURT OF APPEALS REGARDING THE ARTICLE 78 COMMENCED AGAINST THE TOWN BY GAS LAND PETROLEUM, INC. The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, The Town of Wappinger previously decided to appeal to the Appellate Division, Second Department from the Westchester County Supreme Court Decision, Order and Judgment dated February 6, 2002 issued by the Hon. Francis A. Nicolai in the case entitled "In the Matter of the Application of Real Holding Corp. and Gas Land Petroleum, Inc., Petitioners, for a Judgment pursuant to Article 78 of the Civil Practice Law and Rules, against Alan Lehigh, Gerald DiPierno, Douglas Warren, J. Howard Prager and Victor J. Fanuele, as and Constituting the Zoning Board of Appeals of the Town of Wappinger, Respondent"; and WHEREAS, said appeal was undertaken as directed in Resolution No. ; and WHEREAS, a "Decision & Order" was rendered by the Appellate Division, Second Department on April 7, 2003, affirming the Decision, Order and Judgment of the Westchester County Supreme Court; and WHEREAS, the Town Board, by its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP have reviewed said Decision & Order; and 13 0412812003.RGM WHEREAS, the Town Board of the Town of Wappinger disagrees with the ruling in said Decision & Order; and WHEREAS, the Town Board of the Town of Wappinger, after due deliberation, finds that it is in the best interests of the Town to appeal said Decision & Order of the Appellate Division, Second Department to the New York State Court of Appeals; and 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 authorizes its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, to request leave to appeal said Decision & Order and to file the necessary motion papers to the New York State Court of Appeals, and/or to the Appellate Division, Second Department requesting leave to appeal to said Court. If the Town is granted leave to appeal the Decision of the Appellate Division, Second Department, then the Town Board of the Town of Wappinger hereby authorizes its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP to prosecute said appeal to the New York State Court of Appeals. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-134 RESOLUTION INTRODUCING HISTORIC PRESERVATION LAW The following resolution was introduced by Councilman Colsey an seconded by Councilman Paoloni. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code should be amended and revised to add a new chapter Historic Preservation Law which includes the creation of a local Historic Preservation commission, a process to landmark historic properties and districts, and a method for reviewing changes to these landmarks and districts (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); and 14 04/28/2003.RGM WHEREAS, the Town Board has determined that he proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefor, by default as the only involved agency, the Lead Agency for this action; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 4. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 2003 in the form annexed hereto. 5. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 6. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2003 for 7:30 p.m. on the 27th day of May, 2003 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 7. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed law a.. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and c To serve a copy of this resolution and the amended proposed Local Law to the Town Historian for review and recommendations; d. To serve a copy of resolution to the New York State Office of Parks Recreation and Historic Preservation CLG Administrator (Stacey Matson-Zufic). The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT VALDATI, Councilman VINCENT BETTINA, Councilman CHRISTOPHER COLSEY, Councilman JOSEPH PAOLONI, Councilman The Resolution is hereby duly declared adopted 15 Voting Aye Voting Absent Voting Aye Voting Aye Voting Aye 04/28/2003.RGM RESOLUTION NO. 2003-135 RESOLUTION AWARDING BIDS FOR SURPLUS HIGHWAY EQUIPMENT The following resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, the advertisement for bids for the purchase of surplus highway equipment was published in the Southern Dutchess News and Poughkeepsie Journal on April 9, 2003; and WHEREAS, bids were opened on April 9, 2003 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Graham Foster, Highway Superintendent to the Town of Wappinger, has provided an award recommendation to the Town Board; and WHEREAS, the bids were received as follows: 1988 Ford Bronco Chris Simonetty $127.63 1991 Ford Escort Wagon Christopher Colsey $101.00 Chris Simonetty $ 39.97 13 Bias Ply Tires Chris Simonetty $116.38 NOW, THEREFORE BE IT FURTHER RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein 2. The bids for surplus highway equipment are hereby awarded as follows: 1988 Ford Bronco Chris Simonetty $127.63 1991 Ford Escort Wagon Christopher Colsey $101.00 13 Bias Ply Tires Chris Simonetty $116.38 In accordance with the bid report submitted by Graham Foster, Highway Superintendent The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Abstain JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted 16 F1 t 04/28/2003.RGM RESOLUTION NO. 2003-136 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. BE IT RESOLVED, that 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 Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted NEW BUSINESS/COM24ENTS Councilman Bettina had received complaints from constituents regarding delayed mail delivery in the Chelsea Area. Supervisor Ruggiero said that he would send a letter to the Postmaster on this matter. At this time, 9:20 p.m. Councilman Bettina moved to go into Executive Session to discuss 99-2R Contract 6, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 9:50 p.m. with all board members present, with the exception of Councilman Valdati. There were no actions to be taken at Executive Session. Councilman Bettina moved to close the meeting, seconded by Councilman Colsey and unanimously carried. The meeting adjourned at 9:51 p.m. aAyw- ry 40-�� Florence Hannon Deputy Town Clerk 17 Town Board Correspondence Log Document # To From Date Received Re Agenda 2002CL-0114 Michael Ostrow, Friendly Peter J. Marlow 4/1/2003 4/3/2003 Friendly Mercedes 4/28/2003 2002CL - 0115 Town of Wappinger Village of Fishkill 4/9/2003 Annual Drinking Water Quality Report 4/28/2003 2002CL - 0116 Joseph Ruggiero, Supervi Susan Dao, Deputy Zonin 4/7/2003 4/7/2003 Hamlet Court ATVS 4/28/2003 2002CL - 0117 Joseph Ruggiero, Supervi Jay Paggi, Engineer 4/4/2003 4/9/2003 Wappinger Water Improvement 992RContract No. 4/28/2003 2002CL-0118 Josepph Ruggiero, Supery Jay Paggi, Engineer 4/4/2003 4/9/2003 Tri -Municipal Meeting 4/28/2003 2002CL - 0119 Town Board Dutchess County Dept. of 3/11/2003 3/28/2003 Local Law Zoning Amendment -Al and CC to R-4 4/28/2003 2002CL - 0120 Joseph Ruggiero, Superiv Charles R_ Del. Bene 3/31/2003 Wappinger Water Improvement 992R 4/28/2003 2002CL - 0121 Joseph Ruggiero, Supervi Graham Foster 4/1/2003 4/3/2003 Fuel Usage -Town Hall Vehicles 4/28/2003 2002CL - 0122 Joseph Ruggiero, Supervi Peggy Roe, Recreation Se 4/16/2003 4/16/2003 Accident Report-Franlin McKinney 4/28/2003 2002CL - 0123 Kenneth Brown Kathleen Myers 3/19/2003 3/24/2003 Required Board of Assessment Review Training 0 4/28/2003 2002CL - 0124 Joseph Ruggiero Zoning and Planning Boa 4/1/2003 4/17/2003 Monthly Report 4/28/2003 2002CL-0125 Supervisor Joseph Davis Andrew D. Lent, Engineer 4/10/2003 4/17/2003 Dutchess County Airport Landfill 4/28/2003 2002CL - 0126 Elizabeth A. Finger Graham Foster 4/17/2003 4/17/2003 Smithtown &RT9 4/28/2003 2002CL - 0127 Harry Serviss, third Jay Paggi, Town Enginee 4/11/2003 Wappinger Water Improvement 99-2R 4/28/2003 2002CL - 0128 Joseph Ruggiero, Town S Patricia Maupin 4/16/2003 Monthly Report Reciever of Taxes 4/28/2003 2002CL - 0129 Don Swartz Jay Paggi 4/15/2003 4/16/2003 Community Center/Court Building 4/28/2003 2002CL-0130 Town Clerk Hudson Ribs and Fish 4/14/2003 4/16/2003 Renewing Liquor 4/28/2003 2002CL - 0131 Town Board and Supervis Carl S. Wolfson 4/16/2003 4/16/2003 Town Justice Report for March 2003 4/28/2003 2002CL - 0 13 2 Joseph Ruggiero, Supervi Jack E. Railing PE Admin 4/8/2003 4/11/2003 Tri Municipal Commission meeting 4/28/2003 Friday, April 25, 2003 Page 1 of 4 Document # To From Date Received Re Agenda 2002CL - 0133 Joseph Ruggiero, Supervi Michael J. Austin CEO A 4/7/2003 4/11/2003 Improving Technology 4/28/2003 2002CL - 0134 Joseph Ruggiero, Supervi Ronnie M. Travers 4/7/2003 4/9/2003 Director of Labor Relations 4/28/2003 2002CL-0135 Thomas Rothman Albert Roberts 3/27/2003 3/31/2003 Wappinger Park Water District Extension 4/28/2003 2002CL - 0136 Fredrick Maute Esq. Albert Roberts 3/31/2003 4/3/2003 Wappinger Water Improvement Area 1999-2R 4/28/2003 2002CL - 0137 Town Board Building Inspector 4/3/2003 Building Inspector's Report for the month of March 4/28/2003 2002CL - 0138 Harold Stilsing Eric D. Fellenzer P.E. 4/1/2003 4/3/2003 Town of Wappinger Sports Lighting 4/28/2003 2002CL - 0139 Joseph Ruggiero, Supervi Charles R. Del Bene 3/31/2003 4/3/2003 Wappinger Water Improvement 992R Contract. N 4/28/2003 2002CL - 0140 Barbara Roberti, Planning Jay Paggi 4/1/2003 4/3/2003 Jeff Hunt 4/28/2003 2002CL - 0141 Joseph Ruggiero, Supervi Sen. Charles Schumer 4/1/2003 417/2003 Grants for Fireman 4/28/2003 2002CL - 0142 Linda Blohm Mike Tremper 4/3/2003 4/7/2003 Testing Ms. Blohms Water 4/28/2003 2002CL - 0143 Joseph Ruggiero, Supervi Dal Marshall, President 3/25/2003 4/4/2003 Voting Machine Service 4/28/2003 2002CL - 0144 Town Clerk Pizza Central 3/26/2003 3/28/2003 Liquor License 4/28/2003 2002CL - 0145 Community Members Jim Williamson, President 3/24/2003 3/28/2003 Mental Health Resources crisis 4/28/2003 2002CL - 0146 Joseph Ruggiero, Supervi Michael J. Knipfing 3/26/2003 3/28/2003 Flagship Airlines Hangar site 4/28/2003 2002CL - 0147 Joseph Ruggiero, Supervi Peter Paggi 3/26/2003 3/28/2003 Robinson Lane Recreation Site: Water System 4/28/2003 2002CL - 0148 Joseph Ruggiero, Supervi Roger Connor 3/26/2003 3/28/2003 The Launch of the Yes Network 4/28/2003 2002CL - 0149 Gerald Terwilliger, Comp Albert Roberts 3/27/2003 3/28/2003 Robert J. Von Bergen and Diana Von Bergen 4/28/2003 2002CL - 0150 Roy Jacobsen Jay Paggi 3/27/2003 3/28/2003 Town Hall Court/Community Center Building 4/28/2003 2002CL - 0151 Roy Jacobsen Jay Paggi 3/27/2003 3/31/2003 Town Hall Court/Community Center 4/28/2003 2002CL - 0152 Ronald Stilsing Eric D. Fellenzer 3/21/2003 3/24/2003 Town of Wappinger Sports Lighting 4/28/2003 2002CL - 0153 Joseph Ruggiero, Supervi Jay Paggi 3/19/2003 3/21/2003 NYSDEC Public Hearing on Flagship Airlines Ha 4/28/2003 Friday, April 25, 2003 Page 2 of 4 Document # To From Date Received Re Agenda 2002CL - 0154 Mr. and Mrs. Mark R. Ma Albert Roberts 3/18/2003 3/24/2003 Maxam Property -Benefit Unit Reassessment 4/28/2003 2002CL - 0155 Councilman Robert Valda Tatiana Lukianoffy Zonin 3/25/2003 3/27/2003 Various Concerns 4/28/2003 2002CL - 0156 Peter J. Marlow P.E. DC Mike Tremper 3/24/2003 3/27/2003 Wappingers Park Water District Thallium Re -Sam 4/28/2003 2002CL - 0157 Peter Hubble Albert Roberts 3/24/2003 3/25/2003 Chelsea Cottage Landing Marina -Town of Wapppi 4/28/2003 2002CL - 015 8 Diana Toledo Jay Renfro 3/18/2003 3/20/2003 Wappinger Water Improvement Are 1999-2R No. 4/28/2003 2002CL - 0159 Joseph Ruggiero, Superiv Planning and Zoning Boa 3/14/2003 3/20/2003 Monthly Report 4/28/2003 2002CL - 0160 Town clerk, Gloria Morse Kathleen Williams 3/18/2003 3/20/2003 Public Hearing on Local Law 4/28/2003 2002CL - 0161 Joseph Ruggiero, Supervi Susan Dao 3/19/2003 3/20/2003 Polling Site Inspections 4/28/2003 2002CL - 0162 Joseph Ruggiero, Supervi Patricia Maupin 2/1/2003 Monthly Report for Feb. 4/28/2003 2002CL - 0163 Joseph Ruggiero, Supervi Ronald T. Mullahey 3/5/2003 3/20/2003 Progress Report: Health Quest 4/28/2003 2002CL - 0164 Harry Serviss Charles Del. Bene 3/18/2003 3/20/2003 Wappinger Water Improvement 992RContract No. 4/28/2003 2002CL-0165 Joseph Ruggiero, Supervi Timothy J. Gilchrist 3/10/2003 Selection process for Traffic Eng. And Transp. 4/28/2003 2002CL - 0166 Joseph Ruggiero, Supervi Heather Kitchen 3/4/2003 3/14/2003 Town Justice Report 4/28/2003 2002CL - 0167 Joseph Ruggiero, Supervi Frank Gildea Executive D 3/11/2003 3/14/2003 Town Resident Expressing thanks to Sloper 4/28/2003 2002CL - 0 16 8 McGrath & Assoc. Albert Roberts 3/10/2003 3/14/2003 Chelsea Cottage Landing Marina -Town of Wappin 4/28/2003 2002CL - 0169 Lawrence Paggi, PE Joseph E. Stankavage 3/12/2003 3/14/2003 Meadwood Water District Water Supply App. 103 4/28/2003 2002CL - 0170 Town Comptroller Charles Del. Bene 3/11/2003 3/12/2003 Wappinger Water Improvements 992R No. 6 4/28/2003 2002CL-0171 Harry Serviss Jay Paggi 3/31/2003 4/3/2003 Wappinger Water Improvement 992RContract No. 4/28/2003 2002CL - 0172 Joseph Ruggiero, Supervi Barry Barry Schwartz 4/16/2003 4/16/2003 Collateral Source Bill 4/28/2003 2002CL - 0173 John Reed Jay Renfro 3/4/2003 Robert J. Von Bergen and Diana Von Bergen 4/28/2003 2002CL - 0174 Joseph Ruggiero, Supervi Roger Connor 3/4/2003 3/10/2003 Yes Network Dispute 4/28/2003 Friday, April 25, 2003 Page 3 of 4 Document # To From Date Received Re Agenda 2002CL - 0175 Joseph Ruggiero, Supervi Mark Liebermann 3/5/2003 3/6/2003 Violations 4/28/2003 2002CL - 0176 Town Board Mark Liebermann 3/5/2003 3/10/2003 Open Outdoor Burning Friday, April 25, 2003 4/28/2003 Page 4 of 4 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. co=y C* 0f__Wa-ppingerTown __ ---------------------------------- YJBUW-------------------------- Local Law No. ---------#-5------------------------ of the year 20--03- A local law --- Antitled "Shed Amnesty Law" u., rd1I - --------------- -------------------------------- -------------------------------- --------------------------------------------------------------------------------------------------------------- ----------------------------------------------- Be it enacted by the ___Town Board rN�� oft�o.raaorY�------------= ------------------------------------------------- of the Town °f --- WapgpingEr------------------ ----------------------------------------------- as follows: VM TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and numb GOS er each.) -�39 (Rev. I1,,99) (1) LOCAL LAW NO. #5 OF THE YEAR 2003 TOWN OF WAPPINGER SHED AMNESTY LAW A Local Law entitled "Local Law No. #5 of the Year 2003, Shed Amnesty Law." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section T: Title: This Local Law shall be known and cited as Town of Wappinger Local Law No. 9 of the Year 2003 entitled "Shed Amnesty Law" and by the adoption hereof shall create and add a new section under Article IV of Chapter 240 of the Code of the Town of Wappinger, specifically, "Chapter 240-16.1 `Shed Amnesty Law"'. Section TT- Legislative Intent and Purpose. The legislative intent and purpose of the Town Board is to adopt a new Article to the Zoning Code of the Town of Wappinger, which will permit, in certain circumstances, the issuance of a Certificate of Legal Non -Conformity for sheds erected in residential districts prior to January 1, 1997. The Town Board acknowledges that it has become commonplace for homeowner's to use pre -fabricated, pre -constructed sheds as means for providing additional storage for residential properties. Sheds have been commonly installed on residential properties since the late 1960s and it has come to the attention of the Town Board that the provisions of the Town's Zoning Ordinance and/ or Zoning Law have been inconsistently applied by the Town's 0AWAPPINGE\Town Board\LOCAL LAW\Shed\L.ocal Law 2003.doc FINAL 2 dated March 24, 2003 Zoning/ Building Department. Over the course of the last several decades, home purchasers and/ or homeowners seeking to refinance their homes are routinely required to obtain building and zoning compliance certifications by their lenders. In consequence of these requests, the Town Building Department conducts searches of properties, frequently finding that sheds have been constructed on residential properties without benefit of a Building Permit or Certificate of Occupancy. Many times, the sheds have been erected on property lines or within the setback requirements of the Zoning Law. Property owners routinely complain that they were advised by Town officials particularly in the 1970s, 1980s and early 1990s that no Building Permits or Certificates of Occupancy were required. Other times, installers of the sheds simply told unsuspecting homeowners that no such permits were required. Consequently, in order to bring the sheds into compliance, a substantial cost is incurred to have the sheds relocated or in the alternative application will have to be made to the Zoning Board of Appeals to obtain variances. The members of the Zoning Board of Appeals have notified the Town Board that as a result of the numerous mortgage refinancings which have occurred in recent years and in consequence of the building and zoning compliance investigations undertaken by the Town's Building Department, the Zoning Board of Appeals has been inundated with Applications for variances for sheds that were constructed and/or installed up to 30 years ago. Accordingly, it is the purpose of this Local Law to establish a procedure whereby O:\WAPPINGE\Town Board\LOCAL LAW\Shed\Local Law 2003.doc FINAL. 2 dated March 24, 2003 residential property owners will be given an opportunity to register sheds constructed or erected prior to January 1, 1997 and, upon compliance of this Local Law, receive a Certificate of Legal Non -Conformity to be issued by the Building Inspector, Zoning Administrator or Fire Inspector. The Local Law also adopts a new Schedule of Dimensional Regulations — Residential Districts to implement the provision of this Local Law. Section III: The Town hereby creates and adopts a new Section under Article IV, Chapter 240 of the Code of the Town of Wappinger, specifically, Chapter 240 "Zoning", Article IV, Section 16.1 entitled "Shed Amnesty Law" as follows: "§ 240-16.1. Shed Amnesty. A. Applicability. (1) This Section shall apply only to the following types of sheds and small accessory structures constructed or erected prior to January 1, 1997, without benefit of a Building Permit and meeting the following criteria: a. Sheds and small accessory structures having a size of 100 square feet or less and that are: i. without electrical service; ii. not located in a front yard; and iii. not located in a water, sewer, storm sewer or other utility easement. O:\WAPPLNGE\Town Board\LOCAL LAW\Shed\Loca1 Law 2003.doc FINAL 2 dated March 24, 2003 Me, b. Sheds having a size from 101 square feet to 200 square feet or sheds with a size of 100 square feet or less with electrical service and that are: i. not located in a front yard; ii. not located in a water, sewer, storm sewer or other utility easement; and iii. located at least six (6) feet from the rear or side property line. B. Amnesty. Such sheds and small accessory structures shall be exempt from the side and rear setback requirements of the Zoning Code except as stated above and shall be eligible for a Certificate of Legal Non -Conformity issued by the Building Inspector, Zoning Administrator or Fire Inspector upon registration of the shed or small accessory structure with the Building Inspector and upon submission of the owner's certification as hereinafter provided. C. Registration of Sheds. Unless a valid Certificate of Occupancy exists for a shed or small accessory structure, as of the date of this Local Law, all property owners must register sheds with the Building Inspector on or before December 31, 2003 and apply for a Certificate of Legal Non -Conformity upon forms to be supplied by the Office of the Building Inspector. D. Owner Certification. Any residential owner who registers a shed erected prior to January 1, 1997 may obtain a Certificate of Legal Non -Conformity for said shed or small accessory structure upon submission of an owner's certification containing the following information: O:\WAPPrNGE\Town Board\LOCAL LAW\Shed\Local Law 2003.doc FINAL 2 dated March 24, 2003 (1) a 3" by 5" color photograph of the shed or small accessory structure; (2) proof that the shed or small accessory structure was purchased and erected prior to January 1, 1997 or, in the absence thereof, execution of an Affidavit by the property owner and one other disinterested party attesting under the penalties of perjury that the shed had been erected and in place prior to January 1, 1997; (3) confirmation that the shed or small accessory structure is not located on a water, sewer, storm sewer or other utility easement; and (4) For those sheds or small accessory structures containing less than 100 square feet with electric service and for all sheds or small accessory structures between 101 and 200 feet certification that the shed is at least six (6) feet from the side and rear property line. (5) For all sheds with electrical service, submission of an electrical survey (Certificate of Compliance or equivalent) must be supplied by a third party Electrical Inspector approved by the Town Board. Note: it may be necessary to obtain a Building Permit for the purposes of obtaining the third party electrical survey. E. Certificate of Legal Non -Conformity. Upon registration of the shed or small accessory structure and the submission of an owner's certification, the property owner will be entitled to a Certificate of Legal Non -Conformity issued by the Building Inspector, Zoning Administrator or Fire Inspector indicating that the shed or small accessory structure is not in violation of any Building or Zoning Codes of the Town of Wappinger. E. Setback Requirements for Sheds Not Registered. Effective with the adoption of this Local Law, all setback requirements for sheds and small accessory structures constructed prior to January 1, 1997 but were not registered by December 31, 2003, and sheds and small accessory structures constructed after January 1, 1997, shall comply with the setback requirements set O:\WAPPINGE\Town Board\LOCAL LAW\.Shed\Local Law 2003.doe FINAL 2 dated March 24, 2003 forth in the Schedule of Dimensional Regulations — Residential Districts. G. Enforcement; penalties. (1) This Section shall be enforced by the Building Inspector, Zoning Administrator or Fire Inspector of the Town of Wappinger. (2) Any person who fails to register a shed pursuant to this Article or who submits false information on a property owner's certification shall be subject to a fine of up to 5500." The Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts, shall be amended as shown in the attached schedule. 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 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. O:\WAPPINGE\Town Board\LOCAL LAW\Shed\Local Law 2003.doc FINAL 2 dated March 24, 2003 This Local Law shall become effective June 1, 2003 upon filing with the Secretary of State as provided by law. O:\WAPPINGE\Town Board\LOCAL LAW\Shed\Local Law 2003.doc FINAL 2 dated March 24, 2003 Schelule of Dimensional Regulations Residential Districts Town of Wappinger 12-20/401 I)is(riet R-80 1140/801 R40 RMF -3 rMinirnom lot area (square feet, unless 80,000 20,000 40.000 10,000 15,000 20,000 -- h public water and sewer 40,000 h public water or sewer - 60,000 -- -- Without public water and sewer — 80,000 -- Minimum lot width (feel) 15 acres 10 acres 200 See Note 1 125 15 acres Minimum lot depth (feel) 200 See Note 1 125 Minimum lot frontage (feet) 50 50 See Note 1 100 85 60F50 50 100 Maximum density units per acre __ -- Minimum front yard (feet) from: See Note 1 125 100 County/state highway 75 75 75 Center line of other street 75 75 75 Front lot line of ther street 50 50 50 N 50 50 rn side yard (fE 40 40 25 5 ry buildinghigh 10 10 10 75 square feet' 75 75 60 60 rear yard (f FAccesslory 50 50 50 50 ry buildinghigh 10 10 10 50 quare feet 2"Building Height-, 2.5/35 2.5/35 2.5/35 20 oeseet) 12 15 50 25 Maximum lot coverage (percent) 10% 10% 12% 6 Maximum floor area ratio 0.1 0.1 n t, 12-20/401 R-20 R-15 R-10 R -2F RMF -3 R1111 -5 -- 20,000 15,000 10,000 15,000 20,000 -- -- 30,000 -- -- -- -- 5 acres 5 acres 40,000 15 acres 10 acres _- 15 acres 10 acres See Note 1 100 85 60F50 100 100 See Note 1 125 100 80 150 150 50 50 50 50 50 50 - - 3 5 75 75 75 75 75 75 75 75 60 60 50 60 75 75 50 35 35 25 35 50 50 25 20 15 12 15 50 25 10 10 6 6 6 10 10 50 40 30 25 30 50 50 10 10 10 10 10 10 10 2.5/35 2.5/35 2.5/35 2.5/35 2.5/35 3/35 3/35 12% n 1� 15% 20% 25% 20% 30% 45% NOTE: 0.3 L 0.45 'The purpose of these districts is to allow the development at a higher density when public (or common) sewer and/or water supply is used. The following lot widths and yard requirements are required: Minimum Lot Area Minimum Lot Width Minimum Lot De th sl care feet P Mininwm Front Yard Minimum Side Pard Minimum Rcar Yard fCCt (fcrtl .�_ 'Notwithstanding the minimum side and rear yard setbacks set forth in this schedule, the minimum side and rear yard setbacks shall be six (6) feet for accessory buildings and sheets less than 100 square feet in area provided that, on any lot less than two (2) acres in area, there shall not be more than two (2) such accessory buildings within the minimum side or rear yard required for principal buildings. The minimum side and rear yard setback for any shed with electric service shall be ten (10) feet. See Section 240-16.1, Shed Amnesty, lbr sheds constructed prior to January I, 1997 and registered prior to December 31, 2003. J: docs2\500\wtppinptr\zone tmendmtnls\butlschedulerttldenllilahedlaw.oecepelkb.doe N O (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.) hereby certify that the local law annexed hereto, designated as local law No. ______jI5 _______ of the �I�)(1-ovtn - of - _in er ------ 20Ja3- ( �of---aPP- g -- -- ------------------------------------ was dul ----- f �o Board on-4�28/Q3-- - 2p _ 03y Passed b (Named Le ulativeliaey, , in accordance with the applicable Provisions y the P ns 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 the (County)(Ci tv)(To wn) (Village) of ____ -----------___ -------------------- -----------------j( ------ of 20 ---- ----- - ----------- ------------------------ on ----------- - was duly passed by the (Name ofLegulativeBody/ - ---- 20 ___, and was (approved not 'approved) (repassed after disapproval) by the ___________ ------_____' ------ and was deemed duly adopted on ________________ (Elective ----------- Officer•) in accordance with the applicable provisions of law. 20_--_' 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. --------------------------------- of the (County)(Citv)(Town)(Village) of _______________________ ---------------------- - - - - _was dul - ------------- - -- ------ on ----------------- 20---- -- ------------------------- y passed by the (.Mame p o v al) Bn ,t. , and was (approved)(not approved)(repassed after disapproval) by the ______ ------------- -- - on------------------- 20---- £Jective Chiej£:ecutive Officer-) - Such local law was submitted to the people by reason of a (mandatorv)(permissive) referendum, and received the affirmative vote of a majority the qualified electors voting thereon at the (general)(special)(annual) election held on ______________ accordance with the applicable provisions of law. J y of -- 2Q--- , in 4. (Subject to permissive referendum and final adoption because no valid petition firequesting referendum.) on wasled re q sting I hereby certify that the local law annexed hereto, designated as local Iaw No. ----------------------------------- of 20------ of the (County)(City)(Town)(Village) of -Name OfLeg alive - - - was duly Passed by the ------------- on --------------- -.0_--- ,and was (approved not a acne OfLegislative 6oCv/ ___ �% )( pproved)(repassed after disapproval) by the --------------------- (Elective ChiefExecative O _-_-----''"'-- on ff+cer•) ------ _0 ___ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of ______________ accordance with the applicable provisions of law. ---_ 2Q--- , in * 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 village., or or villa e the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2). SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger. SEQR Status: Type I X Unlisted Conditioned Negative Declaration: Yes X No Description of Action The Town Board of the Town of Wappinger has determined that the Town Code, Schedule of Dimensional Regulations — Residential Districts, should be amended and revised to establish less stringent setback requirements for accessory structures and sheds less than 100 square feet in area, and to allow issuance of Certificates of Compliance for properties with sheds constructed prior to January 1, 1997 without benefit of a building permit and possibly in violation of the minimum setback requirements for accessory structures. The law will eliminate an unnecessary burden upon homeowners and the Zoning Board of Appeals. Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not have a significant adverse impact on the environment since any construction associated with the action would involve small accessory structures on single-family residential lots, which construction is a Type II exempt action in accordance with SEQR. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 Filing and Publication: This notice of a Type I Negative Declaration should be filed with: a. Supervisor of the Town of Wappinger Town of Wappinger Town Board Further, this Notice of Type I Negative Declaration shall be emailed to enb n,gw.dec.state.ny for publication in the Environmental Notice Bulletin. jAdocs2\500\wappinger\zone amendments\prelim_plat.negdee.fom.lkb.doc 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 the City of _______________________ __ _____ having been submitted to referendum pursuant to the of 20 ------ section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority provisions of qualified electors of such city voting thereon at the (special)(general) election held on___________________ became operative. J y of the 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. _______________________ - of of the County of ------------------------------------------ -------- 20 ------ ng en submitted to at the General Election of November ______________________ 20_- State pursuant o subdivisions 5 and 7 of section t33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the the 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 - dicated in paragraph ------ L------ above. (Seal) clerk of tWCodfity" legislative,,qdyl,or officer designated by Ioc; lee bo,GLORIA MORSE,,,s Townrk Date: Clerk (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) y STATE OF NEW YORK COUNTY OF n.�trhacc I, the undersigned, hereby certify that the foregoing local law contains the correct text and t have been had or taken for the enactment of the local law annexed hereto. hat all proper proceedings ALBERT P. ROBERTS Attorne Title 11 mi� of__Wappinger Town H4 Date: , 2003 (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. of WAPPINGER Town Local Law No. # 6 of the year 20 03 A local law (Insert Title) entitled "Local Law # 6 of 2003, amending the Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase H. - Preparation of Preliminary Plat and Construction Plans." Be it enacted by the TOWN BOARD of the (Name of Legislative Body) of WAPPINGER as follows: Town TEXT CONMMNCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) L LOCAL LAW # 6 OF THE YEAR 2003 A Local Law entitled "Local Law # 6 of 2003, amending the Town Code, Section 240- 20, Required Street Frontage and Section 217-12, Phase IT Preparation of Preliminary Plat and Construction Plans." 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 2003, amending the Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase IT Preparation of Preliminary Plat and Construction Plans." Section 2: Legislative Intent The intent of the proposed Local Law is to 1) clarify the application of the minimum frontage requirement vis -A -vis flag lots in so far as to plainly state that the "pole" portion of a flag lot, i.e. that portion of the lot connecting the flag or main portion of the lot to the street, shall maintain a minimum width of fifty feet for its entire length and 2) limit -the timeframe to five years in which approval of a preliminary plat can be extended. Section 3: § 240-20, Access and Required Street Frontage, of the Zoning Law shall be revised to read as follows: "§ 240-20. Access and required street frontage. A. Minimum frontage required. No building permit shall be issued for the establishment of any use or construction of any structure unless the street or highway giving access to said use or structure has been suitably improved to town road standards or a bond posted therefor, in accordance with the provisions of §§ 280-a.1 and 2 of the Town Law. Further, for the purposes of this paragraph, "access" shall mean that the lot on which said use or structure is proposed has frontage on said street or highway sufficient to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles in accordance with the provisions of § 280-a.5 of the Town Law. Said lot frontage shall be at least fifty (50) feet in length and the actual access to said use or structure shall be over said frontage. B. Flag and radial lots. A lot may derive its street frontage and access by means of a strip of land connecting the street and the main portion of the lot provided that no portion of said access and frontage strip of land shall be less than fifty (50) feet wide. The front yard setback of such a flag lot shall be measured from the rear lot line of the lot between the flag lot and the street on which it has frontage. In the case of a lot with radial or angled side lot lines, the front 2 yard setback shall be established where the lot meets the minimum lot width requirement when measured parallel to the street from which the lot derives access." Section 4: Chapter 217, Subsection 12.K, Phase II.Preparation of Preliminary Plat and Construction Plans, shall be revised to read as follows: "J. Expiration and extensions of preliminary plat approval. Approval of a preliminary plat shall expire six (6) months from the date of the resolution granting that approval. if no application for final approval is submitted within such period. However, the time limit specified above may be extended by the Planning Board for good cause shown upon the written request of the owner of the property or a duly authorized agent made at least thirty (30) days before the expiration of approval. Extensions of preliminary subdivision plat approval shall not exceed one (1) year for each extension. In no case shall preliminary plat approval be extended beyond five (5) years from the date of original approval." 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, 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 inapplicable had been specifically exempt there from. 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. jAdocs2\500\wappinger\zone amendments\frontage.locallaw.lkb.doc 3 (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. 166 of 2003 of the Town of Wappinger was duly passed by the Town Board on April 28, 2003, 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 local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 2003, (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 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. 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) (special) (annual) election held on 2003, 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 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, 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. L 14-16-2(9/95)-7c SEQR • 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concems affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ■ Part 1 ■ Part 2 ❑ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that: ■ A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amending the Town of Wappinger Town Code with Respect to Required Street Frontage and Limitations to Extensions of Preliminary Plat Approval Name of Action Town of Wappinger Town Board Name of Lead Agency Joseph Ruggiero Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so ;nAirata onri cnarifu aarh inctanra II IUly u NAME OF Local Law Amending the Town of Wappinger Town Code with Respect to Required Street Frontage LOCATION OF ACTION (include Street Address, Municipality and County) Town of Wappinger, Dutchess County NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town of Wappinger Town Board 845 297-2744 ADDRESS Town Hall, 20 Middlebush Road, P. O. Box 324 CITY/PO STATE ZIP CODE Wappingers N.Y. 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHONE *N.A. ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION: The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase ll: Preparation of Preliminary Plat and Construction Plans, should be respectively amended and revised to: 1) clarify the application of the minimum frontage requirement vis-a-vis flag lots in so far as to plainly state that no portion of access to a lot and/or a frontage strip of land for a lot shall be less than fifty (50) feet wide, and 2) to limit the timeframe to five years in which approval of a preliminary plat can be extended (the "Proposed Action'). Please Complete Each Question - Indicate N.A. if not applicable A. Site Description — N.A. Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑Industrial ❑ Commercial ❑ Forest ❑ Agriculture ❑Other 2. Total acreage of project area: acres: ❑ Residential (suburban) ❑ Rural (non-farm) APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) acres acres What is predominant soil type(s) on project site? a. Soil drainage ❑ Well drained % of site ❑ Moderately well drained % of site ❑ Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) 4. Are there bedrock outcroppings on the project site? ❑ Yes ❑ No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: ❑ 0-10% % [110-15% % 1115% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes ❑ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes ❑ No 8. What is the depth of the water table?_ (in feet) 9. Is site located over a primary, principal or sole source aquifer? ❑ Yes ❑ No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes ❑ No 11 Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes ❑ No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑ Yes ❑ No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes ❑ No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑ Yes ❑ No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name _ b. Size (In acres) 17. Is the site served by existing public utilities? ❑ Yes ❑ No a. If Yes, does sufficient capacity exist to allow connection? ❑ Yes ❑ No b. If yes, will improvements be necessary to allow connection? ❑ Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25 -AA Section 303 and 304? ❑ Yes ❑ No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑ Yes ❑ No 20. Has the site ever been used for the disposal of solid or hazardous waste? ❑ Yes ❑ No B. Project Description — N.A., EXCEPT FOR #24 AND #25 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total Contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed % f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately I. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. acres 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? ❑ Yes ❑ No ❑ N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ❑ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑Yes ❑ No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8. Will blasting occur during construction? ❑ Yes ❑ No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ❑ Yes ❑ No If yes, explain 12. is surface liquid waste disposal involved? ❑ Yes ❑ No a. if yes, indicate type of waste (sewage, industrial, etc.) and amount _ b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type b d 'ncrease or decrease by proposal? ❑ Yes 13 No 14. Will surface area of an existing water o y i Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑ Yes ❑ No 16. Will the project generate solid waste? ❑ Yes ❑ No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑ No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑ Yes ❑ No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? . ❑ Yes ❑ No 19. Will project routinely produce odors (more than one hour per day?) ❑ Yes ❑ No ❑ Yes 13 No 20. Will project produce operating noise exceeding the local ambient noise levels? El Yes ❑ No 21. Will project result in an increase in energy use? If yes, indicate type(s) ❑ Yes ❑ No 22. If water supply is from wells, indicate pumping capacity 23. Total anticipated water usage per day 24. Does project involve Local, State or Federal funding? If yes, explain gallons/day. ❑ Yes ■No gallons/minute. 25. Approvals Required: Submittal Type Date Town Board ■Yes ❑ No Amendment to Town Code City, Town, Village Planning Board ❑ Yes ONO City, Town, Zoning Board ❑ Yes ENO City, County Health Department ❑ Yes ONO Other Local Agencies ❑ YesONO Other Regional Agencies ❑Yes ONO Advisory Recommendations Only On Amendment State Agencies ❑ Yes ENO Federal Agencies ❑ Yes ONO 6W C. Zoning and Planning Information — N.A., EXCEPT FOR #1 1. Does proposed action involve a planning or zoning decision? ■ Yes ❑ No If yes, indicate decision required: ■zoning amendment ❑ zoning variance ❑ special use permit ❑ subdivision ❑ site plan ❑new/revision of master plan ❑ resource management plan ■ other Amendment to Subdivision Regs 2. What is the zoning classifications) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ❑ Yes ❑ No 7. What are the predominant land use(s) and zoning classification within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ❑Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yes ❑ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑ Yes ONO a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑ Yes ONO a. If yes, is the existing road network adequate to handle the additional traffic? []Yes ONO D. Informational Details — SEE ATTACHMENT Attach any additional information as may be needed to clarify your project. If there are or may be any adverse Impacts associated with your proposal, please discuss such Impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Town of Wappinger Town Board Date March 21. 2003 Part 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. *in identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. if a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? ■ NO r-3YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ONO ❑ YES • Specific land forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ■ NO ❑ YES Examples that would apply to column 2 Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non -protected existing or new body, of water? ■ NO ❑ YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO ❑ YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ENO ❑ YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO IMPACT ON AIR 7. Will proposed action affect air quality? ENO ❑ YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO ❑ YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? ONO ❑ YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ■ NO ❑ YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: LModerate 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ONO ❑ YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ENO ❑ YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site listed on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ENO ❑ YES • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? ENO ❑ YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑YES ❑NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systemNO 13 YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel ANO o❑ YES energy supply? Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ■ NO ❑ YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ■ NO 13 YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existipg community? ■ NO ❑ YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.). • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: SEQR This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger. SEQR Status: Type I X Unlisted Conditioned Negative Declaration: — Yes X No Description of Action The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase H.• Preparation of Preliminary Plat and Construction Plans, should be respectively amended and revised to: 1) clarify the application of the minimum frontage requirement vis-a-vis flag lots in so far as to plainly state that no portion of access to a lot and/or a frontage strip of land for a lot shall be less than fifty (50) feet wide, and 2) to limit the timeframe to five years in which approval of a preliminary plat can be extended (the "Proposed Action"). Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not have a significant adverse impact on the environment because there is no change in the policy or effect of the existing regulations and since the action only clarifies existing regulations with respect to minimum lot width, and further that the limitation on the length of extensions for preliminary subdivision plat approval is more protective of the environment since it requires a new review and approval and opportunity to consider environmental impacts, changed conditions and circumstances. Dead Agency: Town of Wappinger Town Board Town Hall, 201 iddlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 Filing and Publication: This notice of a Type I Negative Declaration should be filed with: a Supervisor of the Town of Wappinger b. Town of Wappinger Town Board Further, this Notice of Type I Negative Declaration shall be emailed to enb&gw.dec.state.ny for publication in the Environmental Notice Bulletin. j:\docs2\500\wappinger\zone amendmentslfrontage.negdec.form.lkb.doc ATTACHMENT FULL ENVIRONMENTAL ASSESSMENT FORM AMENDMENTS TO THE TOWN CODE: SECTION 240-209 REQUIRED STREET FRONTAGE and SECTION 217-12, PHASE II: PREPARATION OF PRELIMIARNY PLAT AND CONSTRUCTIONPLANS — ADOPTION OF LOCAL LAW No. OF 2003 ADDENDUM TO PART 1 OF EAF Part LA - Site Description The Proposed Action involves the adoption of amendments to the Town of Wappinger Zoning Law and Subdivision Regulations. site-specific construction or development amendments is presented below: See Part Proposed Action. Part 1.11 - Project Description The Proposed Action does not directly involve activity. A more detailed description of the 1.1) for a detailed description of the site and The Proposed Action does not involve site-specific construction or development activity. As a result, Part 1,B of this EAF is not applicable, except as noted therein with respect to Questions #24 and #25. See Part 1.1) for a detailed description of the site and Proposed Action. Part 1.D - Informational Details The Proposed Action does not propose construction or development activities, and will not result in any adverse environmental impacts. A more detailed description of the proposed amendments follows: The Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase Il• Preparation of Preliminary Plat and Construction Plans, would be respectively amended and revised to: 1) clarify the application of the minimum frontage requirement vis-a-vis flag lots in so far as to plainly state that no portion of access to a lot and/or a frontage strip of land for a lot shall be less than fifty (50) feet wide, and 2) to limit the timeframe to five years in which approval of a preliminary plat can be extended. The Proposed Action will not have a significant adverse impact on the environment because there is no change in the policy or effect of the existing regulations and since the action only clarifies existing regulations with respect to minimum lot width, and further that the limitation on the length of extensions for preliminary subdivision plat approval is 12 more protective of the environment since it requires a new review and approval and opportunity to consider environmental impacts, changed conditions and circumstances. ADDENDUM TO PART Z OF EAF The Proposed Action will not directly result in any construction or physical changes to any site within .the Town of Wappinger nor is it expected to result in any significant adverse impacts on the environment. More specifically: • The Proposed Action will not directly result in any physical changes to any properties. • The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA). • The Proposed Action willnot have a significant adverse environmental impact on any unique or unusual land forms. • The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected. • The Proposed Action will not have a significant adverse environmental impact on any non -protected existing or new body of water. • The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity. • The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, or surface water runoff. • The Proposed Action will not have a significant adverse environmental impact on air quality. • The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species. • The Proposed Action will not have a significant adverse environmental impact on agricultural land resources. • The Proposed Action will not have a significant adverse environmental impact on aesthetic resources. • The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance. 13 • The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities. • The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. • The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply. • The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration. • The Proposed Action will not have a significant adverse environmental impact on the public health and safety. • The Proposed Action will not have a significant adverse environmental impact on the character of the existing community. jAdom2\500\wappinguVone amendments\nesheiwat499.eafattach.lkb.doc 14 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 2003 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 2003, 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 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, 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. 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 , abovQ.C�� C1Jeof e ounty, legi ativ ody, ,Town or Village Clerk or officer designated b} loc legislativ ody M GLORIA O SE, T CLERK, (Seal) Date: Wzv1Z1Z1 12003 (Certification to be executed by County Atto , 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 �enactmnij1 aL_ 1.. cal law annexe .1to.. 3ignaLurc ALBERT P. ROBERTS, ATTORNEY TO TOWN Title Town of WAPPINGER Village /� Date: .2003 j:\docs2\500\wappinger\wap3-005.lkb.doc:ev 04/28/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on April 28, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law adopting the Shed Amnesty. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Robert Valdati, Councilman Gloria J. Morse, Town Clerk The Deputy 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. Attorney to the Town Al Roberts explained there was some confusion in regard to the construction and installation of sheds on private property. This has resulted in number of property owners being told that they were required to have a building permit and CO when they went to sell their home or when they went to refinance. This Local Law will give amnesty for sheds that were erected prior to January 1, 1997. The sheds have been broken down into two categories. The first are sheds under 100 square feet without electrical service, not located in the front yard or utility easement. The second category pertains to sheds between 101 to 200 square feet or less than 100 square feet, but having electrical service. Those sheds can not to be located in the front yard, or utility easement and they must be at least six feet from the rear or side property line. The smaller sheds without electrical service will not have to be any distance from the property line other than to be within the perimeter of the boundaries. In order to obtain a certificate of legal non -conformity a property owner must supply a 3x5 photo of the shed, proof that the shed was purchased and erected prior to January 1997, or in the absence of proof, execution of an affidavit by the property owner and one other disinterested person attesting under the penalty of perjury that the shed had been erected and in place prior to January 1997. The amnesty law will expire December 31, 2003. Anyone who has not registered a shed will then have to comply with the 1 04/28/2003.PH current set back requirements contained in our zoning law. There were no further comments or questions. Councilman Colsey moved to close the Public Hearing seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:32 p.m. By Florence Hannon Deputy Town Clerk 2 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW ENTITLED "SHED AMNESTY LAW" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 14, 2003, your deponent posted a copy of the attached notice of Public Hearing on a Proposed Local Law Entitled "Shed Amnesty Law", 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. WW'Z'oedswid auo!sstwwooAW ePON 08Idt.o# U0484918eti A4un00 sseWpC] u, f4ptsed mil MeN 10 a14S�1oN ODsruic, `dHlNtfilVliG Sworn to before me theJ day of ,2003 SAMANTHA DIFUSCO iVo!ary Public, State of New York Residing in Dmchess County Registration #01 D16084048 :Viv Commission F pins Dec. 2, 2006 Town Clerk Town of Wapp e Poughkeepsie 3ournal Poughkeepsie, N.Y. EN that the Town Board of the following Iniormatlom the Town of Wappinger will I,' a 3" -by 5" color photo- l conduct's PUBLIC- HEAR -.graph NOTICE OF PUBLIC HEAR- ty line. 11VIT OF PUBLICATION ING C. In order to obtain a Town Hall, Town of Wappin. small accessory structure TOWN OF WAPPINGER Certificate of Legal Non - was purchased end erected Wappingers Falls,: New prior to January 1, 1997 or, Conformity an ,,net muss York, at which time all Pn the ehaenca thereof, NOTICE IS HEREBY GIV- register the shed and certify zens shall have an opportu- to be heard to the property owner and one ' disinterested EN that the Town Board of the following Iniormatlom the Town of Wappinger will I,' a 3" -by 5" color photo- l conduct's PUBLIC- HEAR -.graph of the shed or small'; ING on the 28th day April, accessory 'structure; 2003, at 7:30 p.m. at the li. proof that the shed or Town Hall, Town of Wappin. small accessory structure ger, 20 Middlebush "Road, was purchased end erected Wappingers Falls,: New prior to January 1, 1997 or, York, at which time all Pn the ehaenca thereof, parties ininterest and 'citl- execution of an Affadavit by zens shall have an opportu- to be heard to the property owner and one ' disinterested nity as whether the Town Board of other party at - testing under the penalties, the Town of Wappinger shall of perjury that the shed .had _ adopt aproposed Local Law been erected and In place No. of the Year 2003 entitled; prior to January 11 1997; "Shed Amnesty Law". iii, confirmation that. the = PLEASE TAKE FURTHER shed or small accessory ;. NOTICE' that the purpose structure Is not located on a and Intent of the proposed water, sewer, storm sewer of - Local Law is to establish's other utility easement; and procedure whereby residen- Iv. for those sheds or small tial property owners will be accessory , structures con - ;.given. an opportunity to register talning less than 100 square feet and sheds constructed or erected prior to January with electric service for all sheds or small acces- 1, 1997 and, upon compli- ante of this Local Law, sory structures between 101 and 200 feet certification receive a Certificate of Legal that the shed Is at least six Non -Conformity to be, s- (6) feet from the side and sued by the Building Inspec- rear property line; . tor, Zoning Administrator or v, for all sheds with electrical; Fire Inspector for sheds service, submission of an meeting the following trite- electrical survey (Certificate i ria: = A. Sheds and small access structures having a size' of Compliance or equlva- lent) must be supplied by a l third Electrical inspect sory party of 100 square feet or less for approved b the` Town and that are: service; Board, Note; It may be f. without electrical necessary to obtain a Build- ii. not located in a front yard; Ing Permit for the purposes and of obtainingg the third party III. not located In a water, electrical survey.. sewer, storm sewer or other PLEASE TAKE FURTHER utility easement. NOTICE that the Town OR Board has determined that B. Sheds having a`slie" adoption of this Local Law Is from 101 square feet to 200 a Type I Action pursuant to square feet or sheds with a Articla 8 of the Envlronmen• . size of 100 square feet or ` tal Conservation Law Is a less with electrical service "Type I Action pursuant to and that are: Article 5 of the Envlronmen- 1. not located in.a front yard; tall Conservation Law, 6 fi: not located in a water, NYCRR 61.7 (SEORA) and sewer, storm sewer or other'ppursuant to Chapter 1117 of utility easement; and the Town of Wappinger Iii, located at least six (6) feet Code, from the rear or side proper- PLEASE TAKE FURTHER j NOTICE ,that -the . Town Board has reserved Its right to make Its Determinstlon of Significancepursuant to Law TAKE: for the on bated: Mardi 24,' 2003 BY ORDER OF THE TOWN 0290 OFTHETOWNOFWR PPIN GER_: GLORIA MORSE, . TOWN CLERK- 0356 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 annexed.NOTIC£$ was duly published in the said newspaper one inser ion for weeks successively, in each week, commencing on the 11th. day of 2003 and on the following dates thereafter, namely on: And ending on the day of 2 ,both days inclusive. Subscribed and sworn o before me this L t day of , 200 Notary Public J yC'r9 �y9�j., �.��My�ommisSion�expires_ Nr,' QUALtHE% Oki i.*J a i) . C"t)UM @ T /d 1i��0 Lo 4,ot r HERN DUTC:HF=.hS NF14S 19 FA C C)N FRFF. PRESS <s4 FA!,T !1A:1.N c,TRIFE T I,,•IAI'DPTNGF.R`.=, FAI...I....S, NY 12590 r I,,)APP.I.NGF•RS FAL.L.S ; TC)idN R'ao t. ,^ #`--,71_27 t. a t, of NEW YC)RK l} C:,ailnfy of C)t.)TC,HF SIS } I, T T. NA HEATH; hF: i nrgl duly sworn, depose and t.ha.t. T am the. B0('jKKFF.PF.R of Southern a I.:ieah.1.y I'ei...jspaper of �^lanera..l. pubj .,:0!e,( -f in l,)AF'F'TNC-SFRF= FAL.I....S; County of DIJTCHFSS ; State of NlFif,l YORK. and that. a not. i.c;e ; of t,11~l.i r:h the. ,nn xe.d Is A. pr i. nt.t?c? c^clp�r ; t.:la.: cli.l l.y p(.).}7) 1. i.:= hack in !--inut'.her n .9 I`Ir l;,is onr:,? crn 04./ 1_6/03 ,. �l wc)r-n to be. fca,p. ma thi.F, 17.th day of April.; 2002 N c..l'k ,a_ T- y F' 11.1.0 ] .i t-; ALBERT M. OVEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN OUTCHESS COUNTY 414-8240760 COMMISSION EXPIRES JUN 15 2003 nECEIVED APR 2 3 203 TOWN CLERK will conduct a public Hearing on the 26th dayd April 2003, a17:30 p.m. attreTowlr Hall, Town of Wappinger, 20 Middlebush. Road; Wappingers Falls, New York, at which time all, parties in interest and citizens shall have an opportunity to be heardas to whether the Town Board of d the purposi January 1;,1997 r of this Local Law of Legal Non -Cc Prov oca rwn less and that are l: wilhoul electrical service If: not located In afrontyard and iii_ not located inawater sewer, storm sewer or other utility easement. OR, B. Shads having a size fronil01 square feet to 200 square feet or sheds with a size of 100 square feet or less with elec- trical service and thatare: i. not located in a front yard not located in a water, sewer StbrK - saweror other utility easement; and t. 'tE located at least six (6) feet from the 'iwarnr ctAwnrnnerlv`lina_-. _ - it. proof that the shed or small�acces- spry structure we a,purchased,and erected prior to January 1,1997 or, in the absence thereof; execution of an At;' fidavil by the property owner and one other disinterested party attesting under, the perraflles of perjury that the shad had bean erected and in place prior to Janu- ary Iii. confirmation that the shed or small accessory structure Ispat located on a water, sewer,"storm sewer or othei util- iryeasemept;and iv. for those'sheds 0rsmell accessory "structures containingless than,100 'square teal with eleGrigal service and ior'all sheds or small accessory struc; aures between 101 and 200 feet cerfrf't-- isticn that tie shed Is at least six (6) feet from the side and rear propertyllne. V. for all sheds with electrical service; submission'61 an electrical survey (Car,. - of Compliance or equivalent) ;must be supplied by a third party'Elec< trtcal Inspector approved by the Town o�..a 04/28/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on April 28, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending the Vehicles and Traffic 1 Code Designating Stop Intersections (Pye Lane at Beatty Road). Supervisor Ruggiero opened the meeting at 7:32 p.m. Present: Joseph Ruggiero, Supervisor Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Robert Valdati, Councilman Gloria J. Morse, Town Clerk The Deputy 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). Prior to taking questions and comments from the audience, Supervisor Ruggiero turned the meeting over to Dan Wery, Town Planner who explained that a speed survey was taken in the area and it was determined that, due to the volume of traffic it would be advantageous to erect a three way stop sign to help control speed in the area. Engineer to the Town Jay Paggi informed the Board that he has been asked by the Town Board many times over the years whether or not Stop signs should be used to control speed and his recommendation to the board has always been fairly consistent that "Stop signs should not be used to control speed", so his recommendation would remain the same. He also recommended that the Stop signs not be used on a thru road, but on feeder roads as they intersect with the main road.. Graham Foster, Highway Superintendent concurred with Mr. Paggi. Supervisor Ruggiero explained that the Town had been looking at several roads to implement what they call "Traffic Calming" techniques to slow the traffic through different areas of the Town, and Pye Lane was one of the roads studied by Mr. Wery, Town Planner. The recommendation received from that report was to erect a three way Stop sign on Pye Lane. The board is holding this public hearing tonight to get all the facts and input from the residents. 1 04/28/2003.PH At this time, Supervisor Ruggiero announced he would take questions and comments from the audience. Mr. Giuliani of 4 Deer Run Road said he has lived off Pye Lane for 35 years, and he doesn't see a problem. He has only seen one accident in that time and it was a one car hitting a telephone pole. He sees no need for a stop sign on Pye Lane, but has no objection on the feeder road. Traffic does get bad on Pye Lane at times, but police from the Sheriff's department park in front of his house all the time and within three weeks after they are spotted, people slow down considerably. Mr. Stein of 3 Little Road has lived at the corner house of Little Road and Pye Lane for 34 years. There have been at least 3 accidents involving children. The children come down Little Road, which has an incline and they ride down into Pye Lane to Martz Field. He read in the newspaper that most people drive 14 miles over the speed limit, which comes to 44 MPH. He wants to address the danger to pedestrians on Pye Lane. He is in favor of a Stop sign for Beatty Road.. Jeanne Barrett of 22 Beatty Road is in favor of a 3 way Stop. She has lived there for 10 years and has witnessed 3 accidents, and had a dog killed on Pye Lane. They are constantly speeding up and down Pye Lane. Joan Zazzaro of 46 Pye Lane has lived across the street from Beatty for 5 years and seen one accident. A girl was going to fast turning into Beatty Road and hit a telephone pole. She has not seen any other incidents. She feels the accident that happened on Little Road and Pye Lane was the child's fault. She feels parents should teach their children to be responsible when riding bikes, etc. She can't imagine people not stopping when riding bikes and skateboards down Beatty Road onto Pye Lane. Her concern with a 3 way Stop sign, is the noise potential in front of her house. Cars may stop and then peel out. She does not feel a 3 way Stop sign will control speeders. The letter she received said this stop sign was not to control speed, but traffic. She does no see that much traffic. Larry Barrett of 20 Beatty Road. said he sees numerous cars speeding up and down the road and he does not let his children go out past his driveway toward the corner of Beattty Road and Pye Lane. He feels that the small sign indicating the speed limit of 30 MPH is not adequate. He would like to see signs in place that indicate there are children at play. He would also like to see the speed limit reduced. Supervisor Ruggiero explained that the state dictates the speed limits for the Town of Wappinger. We have tried to get the speed reduced in other parts of Town and the State will not allow it. Mr. Barrett would like to see some signs indicating "No thru traffic except for local delivery," in order to cut down traffic. Supervisor Ruggiero indicated we might look into this option. Ken White of 69 Pye Lane said one of his children was hit by a car while X 04/28/2003.PH riding his bicycle. He would like to see something done with Little Road. He is in favor of a Stop sign to slow the traffic down. Pat Ladd of 21 Beatty which is 2 houses up from the intersection and is in favor of a 3 way Stop sign. He is concerned with the site distance on Pye coming out of Beatty. One resident felt that people should use common sense when pulling out of Beatty Road onto Pye Lane. Mr. Dehnhardt of 13 Pye Lane said the problem on Pye Lane is speeding, including the school buses. He does not think Stop signs on Pye Lane are the issue, the speed limits must be enforced. Mrs. Acquinta of 10 Vorndran Drive said that she has lived there for 30 years and there have never been Stop signs going out to Pye Lane. If you are doing this to control speed, you have to put three way stop signs on every road coming out to Pye Lane. She does not think this will control speed. Cars will stop, accelerate, and then go. She feels people should use common sense. Roger Laduc of 44 Pye Lane lives at the intersection of Pye Lane and Beatty Road. and said he is very much opposed to them. He feels a three way Stop sign in front of his home would reduce the value of his property. He would have to listen to every truck that comes to a squealing stop and then accelerating. He would have to hear every loud muffler, boom box and motorcycle. These people that think it is a good idea, think about it if the three way Stop sign were in front of your home. Be careful what you ask for, because when you get it you may not like it. He is very annoyed when he goes down a road such as Kent Road and there are excessive Stop signs the length of the Road. He has driven down Beatty and looking into the left of Pye is obstructed with some high hedges, which if pulled back would give better site distance. Mr. Laduc also has a petition signed by 15 homeowners opposed to a 3 way Stop sign on Pye Lane that he would like made part of the record. Jack Green of 18 Namoth Road is in favor of Stop signs. Supervisor Ruggiero announced this is why we are having this meeting to get input from residents who have been eyewitnesses to what goes on out there. What we need to do is go back and sit down with the Town Traffic Planner and Highway Department to see what needs to be done. John Kosakowski of 5 Namoth Road is opposed to the 3 way stop. He feels the 30 MPH speed limit if enforced should be sufficient to control speed. He feels that the potential for accidents by installing a 3 way Stop sign would be greater. From Beatty Road looking left on Pye there is a curve coming toward Beatty Road which would cause a problem if drivers are coming up to a Stop sign they are not expecting. With respect to his neighbors who have children and animals they should not be allowed to play in the street. He does not feel the amount of traffic on Beatty warrants Stop signs. Bob 3 04/28/2003.PH Lotz of 12 Vorndran Drive is opposed to a 3 way Stop sign at that intersection. Supervisor Ruggiero announced that the Town is not taking any action tonight, this information that you all have given is very valuable and we will notify you of any further meetings on this topic. At this time Councilman Paoloni read letters of opposition for a 3 way Stop sign on Pye Lane but in favor of a Stop sign on Beatty Road from Barbara Seip and Hilde Drage that he wished to make part of the record. There was no further questions or comments from the audience. Councilman Bettina moved to close the Public Hearing seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 8:25 p.m. Florence Hannon Deputy Town Clerk 4 9 Page 1 of 1 ward4 From: <bseipp@rdg.boehringer-ingelheim.com> To: <ward4@optonIine.net> Sent: Tuesday, April 22, 2003 4:12 PM Subject: 3 Way Stop Sign Beatty Road and Pye Lane Dear Mr. Paoloni, Thank you so much for informing us about this traffic recommendation. My husband and I both feel that a 3 -way stop sign for Beatty Road and Pye Lane is not necessary. We are in agreement that one stop sign at the end of Beatty Road would suffice. As Pye Lane is a main road through Edge Hill Manor, I do not see a need to stop traffic. I do feel that there is inconsistency in the stop sign postings with the side roads which intersect with Pye Lane. To explain this further, Rock Road has a stop sign but other intersecting roads do not. It is our feeling that all the side roads connecting to Pye Lane should have stop signs. I hope this helps the Town's traffic planner. Please let me know if there is anything else I can do to alleviate a 3 - Way stop sign. Thank you. (Barbara Seipp E -Mail: bseipp@rdg.boehringer-ingelheim.com ciseipp@optonline.net 4/28/2003 0 0 PETITION Page I of 1 Concerning the Wappinger Town Board resolution "Local Law No. 105 of 2003" proposal to make the intersection of Pye Lane and Beatty Road into a 3 -way STOP intersection. We the undersigned residents of Wappinger are opposed to installing STOP signs on Pye Lane. Name: Address: Originator Roger Leduc PETITION Page I of 1 Concerning the Wappinger Town Board resolution "Local Law No. 105 of 2003" proposal to make the intersection of Pye Lane and Beatty Road into a 3 -way STOP intersection. We the undersigned residents of Wappinger are opposed to installing STOP signs on Pye Lane Address: A S�Iv'�d IZic�,i Originator Roger Leduc i�v /.2_5q UY b 16161 IjUib6LeJ 6? X/0$01/ TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING TOWN OF WAPPINGER VEHICLES AND TRAFFIC CODE DESIGNATING STOP INTERSECTIONS (PYE LANE AT BEATTY ROAD) STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 14, 2003, your deponent posted a copy of the attached notice of Public Hearing on a Proposed Local Law Amending the Town of Wappinger Vehicles and Traffic Code Designating Stop Intersections (Pye Lane at Beatty Road) , 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. SAMANTHA DIFUSCO Notary Public, State of New York Residing In Duichess County MY Commission nE Aires Dec. 2006 Sworn to before me the aS day of ,2003 0 GLORIA J SE Town Clerk Town o anDinRer 0290 Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEAR- ING TOWN OF WAPPINGER NOTICE IS HEREBY"GIV- EN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEAR- ING on the 28th day of April, 2003,at 7:30 p.m. at the — Town Hall, Town of Wappin. ger, ,20 Middlebush Road, Wappingers Falls, New York; at which time all parties In Interest and citi- zens shall have an opportu- nity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law - entitled "Local Law No. of the Year 2003, Amending the Town of Wappinger Vehicles and Traffic Code Designating Stop Intersec tions 1Pye Lane at Beatty Road).' PLEASE TAKE FURTHER NOTICE that the purpose and Intent of the proposed Local Law is to amend the Town's Vehicles and Traffic Code designating Pye Lane at its westerly intersection with Beatty Road, Pye Lane at its easterly intersection with Beatty Road, and Beat- ty Road at its southerly intersection with Pye Lane as full stop intersection. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617,5 (c)(20) the proposed adop- tion of the aforementioned Local Law Is a Type II action not requiring environmental i review pursuant to the State Environmental Quality Re. view Act (SEQRA) or pursu- ant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. PLEASE TAKE'FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2003 are available for review and inspection at ! the Office of the Town Clerk on weekdays from 8,30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road,, Wappingers Falls, New York. Dated: March 24, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OFWAPPIN GER GLORIA J. MORSE, TOWN CLERK 0355 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 �xelt�as duly published in the said newspaper for weeks successively, in each week, commencing on the i I th day of April 2003 and thereafter, namely on: And ending on on the following dates day of 2 3 both days inclusive. r r• Subscribed and sworn to before me this day of 2003 l4 Notary Public My commission expires i I I:)- '7 / Ll - LINDA L. Notary Public, St. N0.,W C2 l No ua if red in Qui. .t "^7 200 S LINDA L. MACK Notary Public, State Of New Yak NO. 4M412 Qualified In Dutchess County Commission tetras November 27, 200 5,(')(_ITHj1_RN I-)HT(''HFSy NFJ4 BF AC;C)N FP FF PRF�;y A4 FAST M A T N S`I"R,F'FT I:dAIDPIT ISI(= F.P? n F AI....L5 ; NY 12590 f f r i + .._. t_ c^, f i, t -s .1_ ..�_ c-. t_ Vii_. <-I. T1 1AAP1--'T.NG.FR; ; F01_ L. C? ; TOtAN k ( IILrTt',F r)f 17;(1TC( HF'=,._ T ; TTNA HFA T H .; -a r 'i. ?` �-� r. t 1.1.. ;,. .:� il,I n T" n - d a ose ;. ?-? r, ay' t.h t T: ;=1.m the, R(')C) k FFPF.R (*)f 1;cwt.hey' n in (-)i NFW YOLK; and n t') t 1,. C": s (7)f Ltil h 1, r: h t. h e- r" n n F: x F: d 1` a.. p 1 11 -d t`=[.1C'y - I.nl�.: ll1 I'! pl.1E77.1.-"ihed in 'X)t.Itht^ n News n n c r (7) n 0411,-,101. ,I)i.:i?.'n ti", 1'iP{o -r. p me tII7_`:; 1,0 day of Apr1....; 200:3 ALBERTI M, f 9fE V tY NOTARY PUBLIC, STME OF NEW YORK QUALIFIED IN GUTCHESS COUNTY ;tf 14-82407E+0 '01AMISSI©N EXPIRES JUN 15 2003 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the 2O Mkldkftah c, New,York, at heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local LaowsY entkled "Local Law No._dtheYear2003, Amerx" the Town of Wappinger Vehicles and Traf tie Code Designating Stop Intersections "PINS PyeS a at Beatty Road)." PLED tE TAKE FURTHER NOTICE thatthe purpose and intent of the pro- posed Local Law is to amend the Town's Vehicles and Traffic Code designating Pyo Lane atifs westerly Intersection with Beatty Road, Pye Lane at its easterly interseotfon with Beetty Road. and a that Town Board has determined that ;pursuant to 6 NYGRR 617.5 (c) (20) the proposed adoption of the afoiementime d Local Law is a Type It action not requir- Ing environmental review pursuant to the State Environmental Quality Review Act (SEORA) or pursuant to Local Law No.. 6 of 1992 and, accordingly, no envi- ronmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that f!, !a of the proposed Local Law No. oittreYear2003nee available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a. m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated:Maroh;441M ., . BY ORDER OF THE TOWN BOARD ` OF THE TOWN OP:WAPPINGER Gloria J Morse, Town Clerk RECENED APR 2 3 2003 TOWN CLERK