2003-04-14 RGMMonday, April 14, 2003
7:30pm
Wappinger Town Hall
AMENDED AGENDA
Call to Order
Roll Call, Salute to the Flag
Public Hearing:
• Local Law: Eliminating Minimum Age of Building Requirement for Accessory
Apartments
• Local Law: Atlantic Mortgage Rezone
• Local Law: Comprehensive Plan Amendments — Reclassify recommended land use
from Industry to Residential One to Two Acre for 25.32 acres located on the south
side of Maloney Road, approximately 400 feet east of New Hackensack Road
• Local Law: Amending Zoning Law and Map for Property Off Maloney Road
Suspension of Rules for Public Comment on Agenda Items
Discussions:
Fleetwood II Map Plan and Report
Wappinger Park Map Plan and Report
99-2R CWWI Water Loop
Water and Sewer Survey
Resolutions:
2003-109 Resolution Correcting Awarding Contracts for Highway Department
Supplies
2003-110 Resolution Amending Rental Rates for the Highway Department
2003-111 Resolution Authorizing Zoning Inspector to Attend Course
2003-112 Resolution Awarding Bid for Recreation Department
2003-113 Resolution Authorizing Escrow Refund for 26 St. Nicholas Road
2003-114 Resolution Authorizing Escrow Refund for 1141 Route 82
2003-115 Resolution Authorizing Purchase Order for Martz Field Dugouts
2003-117 Resolution Adopting Local Law, Amendments to Town Code for Accessory
Apartments
2003-118 Resolution Adopting Local Law Amendment of the TOW Zoning Map
(Atlantic Mortgage)
2003-119 Resolution setting Public Hearing for Comprehensive Plan Amendments
to Reclassify the Land Use from Industry to Residential One to Two Acres
for 25.32 Acres located on the South Side of Maloney Road,
Approximately 400 Feet East of New Hackensack Road (Nesheiwat)
2003-121 Resolution Authorizing Appraisal and Negotiations for Purchase of
Chelsea Cottage Land Marina
2003-122 Resolution Authorizing Enforcement
Executive Session
Bostwick Discussion
99-2R
Cell Tower
New Business/Comments
Adjournment
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW OF 2003
AMENDING THE TOWN CODE
SECTION 240-53, ACCESSORY APARTMENTS
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 March 28, 2003, your deponent posted a copy of the attached notice of Public
Hearing on a proposed Local Law of 2003, Amending the Town Code, Section 240-53,
Accessory Apartments 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.
GLO J. MGRS
Town Clerk
Town of Wafnnm4er
Sworn to before me the /
r
day of ,2003
NOTARY ERTs
PUBLIC State of ew York
Commission18Fxpires Feb. 8, 20County G
0290
Poughkeepsie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
NOTICE OF
PUBLIC HEARING
AMENDMENT OF
THE TOWN CODE
TOWN OF WAPPINGER
NOTICE IS HEREBY GIV-
EN the Town Board of the
Town of Wappinger will
conduct a Public Hearing on
the 14th day of April, 2003,
at 7;30 PM at the Town Hall,,
20 Middlebush Road, Wap-
pinger, New York at which
time, ail parties 1n interest
and citizens shall have an
opportunity to be heard as
to =the Town Board
of the Town of Wappinger
shouldamend and revise
Section 240-53, Accessory-
Apartments to eliminate the
minimum age' of building
requirement for accessory
apartments.
of the
as,"SEORA") via Local Law','
No:. 6 of 1999 (the Town's'`
environmental quality review
law which designates local '.
Type 1 actions. _ _
NUlict tnat_the sown
Board has reserved 'its right'
to make its Determination of
Significance = pursuant:. to
SEQRA until the conclusion
of the Public Hearing to be '.
held on the adoption of the
proposed amendments._.
PLEASE TAKE FURTHER,
NOTICE that the full text of
the draft Proposed amend
-
m:
will be available for
review and inspection at the''
office of the Town Clerk on `
weekdays from 8:30 AM to
4:00 PM.
DATED: 3110103
BY]ORDER OF THE
TOWN BOARD
OF THE TOWN
OF WAPPINGER
Gloria Morse
Town Clerk
0645
State of New York
County of Dutchess
City of Poughkeepsie
jeaAnle Beret 8-- —, 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 --2-&93 in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
for weeks successively, in each week, commencing
on the 2nd April day of
2003 and_
thereafter, namely on:
on the following dates
And ending on the 22ncl April — day of
2003 oth days jnclusive.
% bscribed and sworn before me this/
day of , 200
Notary Public
cor>tnt s_ion expires
r .
S0UTHERN DUTCHESS NEWS
9E�C0N FREE PRESS
84 EAST MAIN STREET
WAPPINGFRS FALL$, NY 12590
je�i -=-=���W 5- 17- ������C-- �� -It- -1 <--). T-1
To: WAPPINGERS FALL'S, T0WN
P.0:, 8011 324
W�PPIN�ERS FALLS, NY 12590
Legal notioe, #56931
5tate. (7)f NEW Y 0 R K !
} s!;:
County of DUTCHESS \
I, TINA HEATH, heinQ duly sworn" depose and
NOTICE OF PUBLIC HEARING
eay: that I am the R0CKKEEPER of Southern
AMENDMENT OF THE TOWN
Dutch�s-s New�" a weekly newspaper of general
TOWNOFWAPPINGER
ciroul�tinn published In WAPPIN8ERS FALLS,
NOTICE IS HEREBY GIVEN the Town
Board of the.Town of Wappinger will
County of DUT(-HE5S, State of NEW YORK; and
conduct a Public Hearing on the 14thday of Apr# 2bo� at7:36 PM it the Town
th�t a nntioe, of which the. annexed is a
rk, at which tim% all parties In,
printed onpy, wes duly puhlishod in SouthearO
=and citizens shall have an op -
portunity to be heard as to whether the
Dutc.he--,s Newe nnce on 04/02/03.
t6w� Board of the Town of Wappinger
53, Accessory Apartments to eliminate
the minimum age of building require.
i
ment for accessory apartments.
PLEASE TAKE FURTHER NOTICE'
'suant I" Article'd of the Environmental'
of April, 2O03
�worn tn hefnre me fhln 3r� �ayLocal
Law No� 6 of 1999 (the Town's
.1 enviho6me6tall quality review law 41ch
'.claslgnateslooalTypal actions).
'PLEASE TAKE FURTHER NOTICE'
Npt-ary Puo
thal disTawn Board has reserved Its right
xLocnT M. n$Tcmpursuant
to SEQRA (intil the conclusion
of the Public Hearing to be held on the: I
NOTARY Ponuo. u7p[ Or NEW YORK
adoption of the p6p&sed amendments.
0uAunEo/w omxxcm mumr
'LIPLEASE TAKE FURTHER NOTICE 1
�l4'824O76o-
L
th it the full tex(of the draft proposed
oowumnwxmnnsx �JN � � �MM�
�,'
04/14/2003.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
April 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the proposed Local Law Amending the Town of Wappinger
Zoning Map (Atlantic Mortgage Bankers, Ltd.).
Supervisor Ruggiero opened the meeting at 7:35 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman (arrived 7:35 p.m.) --
Christopher Colsey, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Absent:
Joseph Paoloni, Councilman
The Town Clerk offered for the record, the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero wished to know if there were any questions or
comments from the audience. Town Planner, Dan Wery explained that the
property is currently zoned R- 2F a half acre property on the west side of
Route 9 just south of Smithtown Road. The property has been recommended
for Highway Business or Commercial in accordance with the Town
Comprehensive Plan. Because the property is undersized, the proposal is to
restrict it to a 6,000 square foot office building that would have a low
turnover to that helps reduce the amount of parking requirements. Richard
Cantor, Attorney representing Constantino announced that this matter was
made at the request Atlantic Mortgage Bankers. It comes with the
recommendation of the Planning Board and if the Board votes to change the
zoning there will also be a contract agreement between the applicant and the
Town which will permanently restrict the property to the use category known
as professional banking business government or other offices and will
permanently limit the size of the development to 3,000 square foot with the
principal building total of 6,000 ft on two floors and includes an obligation on
the part of the owner to connect to public water and sanitary sewer as such
time as the service becomes available.
Mr. Paggi announced that there would be no negative impact associated with
this rezone.
04/14/2003.PH
Councilman Bettina moved to close the Public Hearing seconded by
Councilman Valdati and unanimously carried.
The Public Hearing closed at 7:38 p.m.
Gloria J o s
Tow lerk
2
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON THE
PROPOSED LOCAL LAW OF 2003
AMENDING THE ZONING MAP OF
.r. THE TOWN OF WAPPINGER FOR
PROPERTY ON ROUTE 9
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 March 28, 2003, your deponent posted a copy of the attached notice of Public
Hearing on a proposed Local Law of 2003, Amending the Zoning Map of the Town of
Wappinger for property on Route 9 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.
c?
GLORIA J /"M/RSE'
Town Clery, /
Town oft*appinger
Sworn to before me the
day of
52003
ALBERT P. ROBERTS
NOTARY PUBLIC, State of New York
Qualified in Dutchess County
�mn).�s.ian Expires Feb. 28, 201
0290
Poughkeepsie 3ournal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
NOTICE OF PUBLIC
HEARING
AMENDMENT OF THE
TOWN CODE
TOWN OF WAPPINGER
NOTICE IS HEREBY GIV-
EN the Town Board of the
Town of Wappinger will
conduct a Public Hearing on
the 14th day of April, 2003,
at 7:30 PM at the Town Hail,
20 Middlebush Road, Wap-
pinger, New York at which
time, all parties in interest
and citizens shall have an
opportunity to be heard as
to whether the Town Board
of the Town of Wapppinger
should amend the Zoning
Map of the Town of Wappin-
ger to • rezone a 0.52 -acre
parcel to HB Highway Busi-
ness,
PLEASE TAKE FURTHER
NOTICE that Town Board
has determined that the
Proposed Action is a Type I
Action pursuant to Article 8`
of the Environmental Con-
servation Law; Part 617
NYCRR (commonly known
as "SEQRA").
PLEASE TAKE FURTHER
NOTICE that the Town
Board has reserved its'right
to make its Deierminatlon of
Significance pursuant to
SEQRA until the conclusion
of the Public Hearing to be
held on the adoption of the
proposed amendments.
PLEASE TAKE FURTHER
NOTICE that the full text of
the draft proposed amend-
ments will be available for
review and inspection at the
office of the Town Clerk on
weekdays from 8:30 AM to
4:00 PM.
DATED: March 10, 2003
BY ORDER OF THE
TOWN BOARD
OF THE TOWN
OF WAPPINGER
Gloria Morse
Town Clerk
0644
State of New York
County of Dutchess
City of Poughkeepsie
Jeannie._ Barette
, 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 2003in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
for weeks successively, in each week, commencing
on the 2nd April. day of
2003 and on the following dates
thereafter, namely on:
And ending on the 2nd Agri! day of
2003 _both days }nclusive.
Xubscribed andsw�rn to� fore me this
day of Q�� 2003
IVI}� commission �Xpires
Notary Public
C:?t)l.a I I' FRN Dt..J 1 C X1`..;1.'1
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t',II.Rf. T ant t.h ~ RnnKKFF.PFR. csf <-1t.a.t hr:r'n
News; a net",i; paper t:'1f general
c-:i_r t.i.l.a.t..inrl ptAIDI she:_1 in I,,IAPPTNGFk5 FAI...I_.S
t' �tt.nt.y r)f DHTCHESS ; 3t.a.t.e c)f NIEW YORK, anc!
t. h a t. a. n r) t. i_ G e,; C) f wh .i. r h t' h e, a. n n e x e. r! .i. S a.
n.r_.i..nt.ed c`=r�py; wa.9 (�Iti.l;✓ p1.1.h1. .:;It 41 i.n,out.hern
j')I..1.t. he N t,)s once- (7,n 04/02.103.,
(� L""
S.lxiorn to hefore, me this .3rd day of April, 2003
Nlnt.ary Public,
ALBERT M. MEN
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN DUTCHESS COUNTY
# 14.8240760
Lw COMMISSION EXPIRES
JUN 15 2003
'NOTICE OF PUBLIC HEARING
;AMENDMENT OF THE TOWN
CODE
TOWN OF WAPPINGER
NOTICE IS.HEREBY GIVEN the Town
Board of the Town of Wappinger wilt
conduct a Public Hearing on the 14th
to
in
Lew, Part 617 NYCRR.
of the Public Hearing to be field on the
adoption cf the proposed amendments.
PLEASE TAKE.FURTHER NOTICE
that the full taxi of the draft proposed ,
amendments will be available for re- I
view and Inspection at the office of the
" Town Clads on weekdays from 8:3o AM
to 4:00 P.M.
DATED: March 10, 2003
BY ORDER OF THE TOWN BOARD'
OF THE TOWN OF WAPPINGER
Gloria Morse, Town Clerk
GE�� fir'
ION GVE�E
04/14/2003.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
April 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the proposed Local Law Comprehensive Plan recommending
Land use from Industry to Residential One to Two Acre from 25.32 acres
located on the south side of Maloney road, approximately 400 feet east of New
Hackensack Road
Supervisor Ruggiero opened the meeting at 7:39 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Absent:
Joseph Paoloni, Councilman
The Town Clerk offered for the record, the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero explained that this Public Hearing is an amendment to
the Comprehensive Plan. This Public Hearing is the first of two that has to
be filed with this law for the Comprehensive amendment.
Supervisor Ruggiero wished to know if there were any questions or comments
regarding the Nesheiwat Rezone. Town Planner, Dan Wery explained that
this involves three properties on the south side of Maloney Road. The
properties are currently zoned AI, Airport Industrial. Two of the properties
are very small, and the other is considerably larger. The properties are
constrained by slopes and site distances along the road, and industrial
development of these properties is not likely. There are restrictions on the
property that limits it to residential use. The owners are stuck with zoning
that does not permit residential use and deed restriction that only permits
residential use. Mr. Wery has prepared draft amendments acknowledging
these points and making the appropriate revision amendments to reclassify
the recommended land use from Industrial to Residential.
There were no more questions or comments.
Councilman Colsey moved to close the Public Hearing seconded by
Councilman Bettina and unanimously carried.
1
The Public Hearing closed at 7:42 p.m.
2
04/14/2003.PH
e ,r"
Gloria J. Mo e
Town Cl
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
NOTICE OF PUBLIC HEARING
TO AMEND THE TOWN OF WAPPINGER
COMPREHENSIVE PLAN FROM AI
AIRPORT IND USTRY TO R-40 ONE
FAMIL Y RESIDENCE
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 March 28, 2003, your deponent posted a copy of the attached notice of Public
Hearing to Amend the Town of Wappinger Comprehensive Plan from AI Airport
Industry to R-40 One -Family Residence, 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.
v
MORIA J.1
Town Clerk
Town of %
Sworn to before me the / 41
day of 12003
ALBERT P. ROBERTS
NOTARY PUBLIC, State of New York
Qualified in Dutchess County
Commission Expires Feb. 28, 20:62_1�
11
RRCEI VE
APR 1 6 j-11
L4.0.3
rOWN
CLERK
0290
Poughkeepsie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
NOTICE OF
PUBLIC HEARING
AMENDMENT OF THE
TOWN CODE
TOWN OF WAPPINGER
NOTICE IS HEREBY GIV-
EN the Town Board of the
Town of Wappinger will
conduct a Public Hearing on
the 14th day of April, 2003,
at 7:30 PM at the Town Hall,
20 Middlebush Road, Wap-
pinger, New York at which
time, all parties in interest
and citizens shall have an
opportunity to be heard as
to =the Town Board
of the Town of Wappinger
should amend. Comprehen-
sive Plan to reclassify the
recommended land use
designation of three contig-
uous parcels totaling ap-
proximately 25.32 acres to
Residential One to Two
Acre, which would allow the
properties to be subse-
quently rezoned to R-40
One Family Residence.
PLEASE TAKE FURTHER
NOTICE that Town Board
has determined that the
Proposed Action is a Type I
Action pursuant to Article 8
of the Environmental Con-
servation Law, Part 617
NYCRR (commonly known
as "SEORA").
PLEASE TAKE FURTHER
NOTICE that the Town
Board has reserved its right
to make its Determination of
Significance pursuant to
SEORA until the conclusion
of the Public Hearing to be
held on the adoption of the
proposed amendments.
PLEASE TAKE FURTHER
NOTICE that a draft of the
pproposed amendments will
be available for review and
inspection at the office of the
Town Clerk on weekdays
from r.a0 AM to 4:00 PM.
DATE ]: Marct 10, 2003
BY GAIDER OF
THE OWN B, ARD
OF THF T(v ;A OF
WAPPINGtH
Gloria Morse
Town Clerk
0643
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 NOTICE was duly published in the said newspaper
one insertion
for weeks successively, in each week, commencing
on the 2nd day of
April
2003 and on the following dates
thereafter, namely on:
And ending on the day of
200 both days inclusive.
dy�_ r
Subscribe d s orn efore me this
day of 2003
4"w
My commission expires
T
:
Public
0290
Poughkeepsie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
NOTICE OF
PUBLIC HEARING
AMENDMENT OF THE
TOWN CODE
TOWN OF WAPPINGER
NOTICE IS HEREBY GIV-
EN the Town Board of the
Town of Wappinger will
conduct a Public Hearing on
the 14th day of April, 2003,
at 7:30 PM at the Town Hall,
20 Middlebush Road, Wap-
pinger, New York at which
time, all parties in interest
and citizens shall have an
opportunity to be heard as.
to'whether the Town Board
of the Town of Wappinger
should amend Comprehen-
sive Plan to reclassify the
recommended land use
designation of three contig-
uous parcels totaling ap-
proximately 25.32 acres to
Residential One to Two
Acre, which would allow the
properties to be subse
Guentiy rezoned to R-40
One -Family Residence.
PLEASE TAKE FURTHER
NOTICE that Town Board
has determined that the
Proposed Action is a Type I
Action pursuant to Article 8
of the Environmental Con-
servation Law, Part 617
NYCRR (commonly known
as "SEQRA").
PLEASE TAKE FURTHER
NOTICE that the Town j
Board has reserved its right
to make its Determination of
Significance pursuant to
SEQRA until the conclusion
of the Public Hearing to be
held on the adoption of the
proposed amendments.
PLEASE TAKE FURTHER
NOTICE that a draft of the
pproposed amendments will
be available for review and
inspection at the office of the
Town Clerk on weekdays
.from 8:30 AM to 4:00 PM.
DATED: March 10, 2003
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF
WAPPINGER
Gloria Morse
Town Clerk:
0643
State of New York
County of Dutchess
City of Poughkeepsie
Jeannie Barette- , 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 2003 in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
for weeks successively, in each week, commencing
on the 2nd April day of
2003 and on the following dates
thereafter, namely on:
And ending on the 2nd Ap day of
2003 nth days iKlusive.
before me thi/'�`
day of 2003
Notary Public
Mycommission expires
A Public Hearing was held by the Town Board of the Town of Wappinger on
April 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the proposed Local Law Amending the Zoning Law and Map for
Property off Maloney Road
Supervisor Ruggiero opened the meeting at 7:43 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Absent:
Joseph Paoloni, Councilman
The Town Clerk offered for the record, the Affidavit of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero wished to know if there were any comments or question
from the audience. There were none.
Councilman Bettina moved to close the Public Hearing seconded by
Councilman Colsey and unanimously carried.
The Public Hearing closed at 7:44 p.m.
Gloria J. or
Town C er
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW OF 2003
AMENDING THE ZONING LAW &
ZONING MAP OF THE TOWN OF
WAPPINGER FOR PROPERTIES
OFF MALONEY 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 March 28, 2003, your deponent posted a copy of the attached notice of Public
Hearing on a proposed Local Law of 2003, Amending the Zoning Law and Zoning Map
of the Town of Wappinger for Properties off Maloney 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.
0
GIJORIA J. MO
Town Clerk //I
Town of WaDt
Sworn to before me the —&
day of ,2003
ALBERT P. ROBERTS
NOTARY PUBLIC, State of New York
Qualified in Dutchess County/
Commission Expires Feb. 28, 20 _`
Poughkeepsie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
RECEIVED
APR 16 9ni3
7 -OWN CLEF3K
NOTICE OF
PUBLIC HEARING
AMENDMENT OF THE
TOWN CODE .
TOWN OF WAPPINGER
NOTICE IS HEREBY GIV-
EN the Town Board of the
Town ofWappinger will
conduct a Public Heanng on
the 14th day of April, 2003,
at 7:30 PM at the Town Hall,
20 Middlebush Road, Wap
pinger, New York at which
time, all parties in interest
and citizens shall have an
opportunity to be heard as
to =the Town Board
of the Town of Wappinger
should amend the Zoning
Map of the Town of Wappin-
ger to rezone three contigu-
ous parcels totaling approxi-
mately 25.32 acres to R40
One -Family Residence.
PLEASE TAKE FURTHER
NOTICE that Town Board
has determined that the
Proposed Action is a Typpe I
Action pursuant to Artiele 8
of the Environmental Con.
servation Law, . Part 617
NYCRR (commonly known
as "SEQRA").
PLEASE TAKE FURTHER
NOTICE that the Town
Board has reserved its right
to make its Determination of
S'gri icance pursuant to
SEORA until the conclusion
of the Public Hearing to be
held on the adoption of the
proposed amendments.-
PLEASE TAKE FURTHER
NOTICE that the full text of
the draft proposed amend-
ments will be available for
review and inspection at the
office of the Town Clerk on
weekdays from 8:30 AM to
4:00 PM.
DATED: March 10, 2003
BY ORDER OF THE
TOWN BOARD
OF THE TOWN OF
WAPPINGER
Gloria Morse
Town Clerk
0642
0290
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi , of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
one insertion
for weeks successively, in each week, commencing
on the 2nd day of
Psi r i 1
2003 and on the following dates
thereafter, namely on:
And ending on the day of
03 both days inclusive.
Subscribed and swo before me this
day o 2003
Notary Public
t Mr commission expires
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NOTICE OF PUBLIC HEARING
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AMENDMENTOFTHETOWN
CODE
=;: ✓: that r AM t:.f"Ii=, RC)C)IS.KE PFS.. of ',�?c)11t.hern
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVENIhaTown'
f 1, t o h t=- F; Nat 1:= : A. I.a,l e t=; k l y n £` inl .s p A C1 P. r Ofu e "1 e - ia, l
Board of the Town of Wappinger will
conduct Public Hearing on the 14th -.
C) . '"� 1,.1. i) �.. 1. 5'; i1 `''• Ci l T'i I,�I A �' H' ,�. N )". ,`� F A I.. 1. c�
A
day of April 200%at 7:30 PM at the Town
Hall, 20 Middlebush Road, Wappinger,
[) (Yr .T (^ IIA C= S t. a. f . ? t a F N E I..,I Y (-) R K + ;a. n i i
New York, at which time, all parties ire
t. l,nl h .1. {'; i the, A. n n e x e �: � is A,
interest and citizens shall have an op-
portunity to be heard as to whether the
�7Y' 1"ltii i?i"'fi)�7Y Itila,;-; ivit.) l ;v` C�1,11�1 I,.1 �.i'tc?c"i 7„ I`I C7f,1.t 17A)" i"j
1,
BoardTown of Wappinger
end theZoningMapofthe
should uida rmendtn
i_) N E L .J c: C) T I (': F l) p (1} / t) ' / l . 3 ,..
Ton W rtorezonethreecon-
tiguous parcels totaling approximately
25.32 acres to R-40 One -Family Resi-
dance.
PLEASE TAKE FURTHER NOTICE
that Town Board has determined that the
Proposed Action is a Type I Action pur-
suant to Article 8 of the Environmental
Conservation Law; Part 617 NYCRR
(commonly known as "SEORA").
M
lel f"i j" >1 to r i t? f o J" e me 't �i `ry '(rd day of Fri P)" 1. I- ;rhos
PLEASE TAKE FURTHER NOTICE
,1.
1hetlheTom Board has reserved its right
to make its Determination of Significance
pursuant to SEORA until the conclusion
of the Public Hearing to beheld on the `.
t'J i7 t; A. Y y P u h 1- 1, [:
adoption of the proposed amendments.
PLEASE TAKE FURTHER NOTICE ,
ALBERT K OSTEN
that the full text of the draft proposed
amendments will be available for ra-
NaTARY PUBLIC, STATE OF NEW YORK
view and inspection attheoffice ofthe
1
QUALIFIED IN DUTCHESS COUNTY
Town Clark on weekdays from 8:30 AM
to4:00PM.
LW
14.8240760
DATED: March 10, 2003
BY ORDER OF THE TOWN BOARD
COMMISSION EXPIRESOF
��U�JUN 1 5
THE TOWN OF WAPPINGER
Gloria Morse, Town Clerk
04/14/2003.WS
The Workshop Meeting of the Town of Wappinger was held on April 14, 2003 at the
Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
Supervisor Ruggiero opened the meeting at 7:30 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman (arrived 7:35 p.m.)
Christopher Colsey, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
Absent:
Joseph Paoloni, Councilman
PUBLIC HEARINGS:
1. Local Law Eliminating Minimum Age of Building Requirement for Accessory
Apartment.
2. Local Law: Atlantic Mortgage
3. Local Law: Comprehensive Plan Amendments—Reclassify recommended
land use from Industry to Residential One to Two Acre for 25.32 acres located
on south of Maloney Road, approximately 400 feet east of New Hackensack
Road.
4. Local Law Amending Zoning Law and Map for Property off Maloney Road.
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS.
DISCUSSIONS:
• Amended Fleetwood II Map Plan and Report. Engineer to the Town Jay Paggi.
explained the area to be covered along Osborne Hill Road with cost for the
construction to be approximately $88,500 to be borne by the 24 potential users
along Osborne Hill Road. The capital cost is anticipated to be $185 per year per
benefit unit, based on a term of 20 years and an interest rate of 5%. Because
they are an extension to the district, they would pay 1.1 times the existing
Fleetwood rate or approximately $55-$60 per quarter. Prior to an informational
meeting with residents Al Roberts, Attorney to the Town will meet with the
Village of Fishkill regarding this project.
Wappinger Park Map Plan and Report. Mr. Paggi explained that there are 77
existing residential homes and one Commercial Building that would eventually
tie in at Cayuga Drive. There would also be twelve business users which would
bring the total potential users to 89. It is estimated that the total project cost
would be approximately $780,000. The town applied for a Community
Development Block Grant last fall and was notified that they were awarded a
Grant of $102,150 for this project, therefore the total amount to be bonded would
be $677,000. Each new user would pay $346 per year per benefit unit and the
typical O&M charge would be approximately $25-30 per quarter. Although they
04/14/2003.WS
would incur a new capital charge, the quarterly O&M charge would decrease
from $85 to $25-$30, depending on usage. Residents will continue to pay
retirement costs on their existing Capital Debt incurred in 1990-1991. Mr.
Roberts, Attorney to the Town informed the board that this would be the first
new water district to be formed in recent years and before we decide to go
forward with the project, we must inform Bond Council and notify all property
owners.
• 99-211 Central Wappinger Water Improvement Water Loop. Engineer to the
Town, Jay Paggi gave a brief introduction regarding the designing and
construction of improvements for the Wappinger Water Improvement 99-2(R).
He indicated that recent discussions with the Michael Tremper of CAMO have
indicated that construction of these improvements may not be in the best short
term interest for the residents of the Water District. Mr. Tremper had
recommended that we take a look at construction of some distribution loops
within the existing system that would better serve the existing residents. Mr.
Tremper went on to explain where the distribution loops should be located, and
what the benefits of loops could provide. Discussion followed
Councilman Valdati moved to authorize Engineer to the Town to prepare a Map
Plan and Report, seconded by Councilman Colsey and unanimously carried.
• Water Sewer Survey. Jay Paggi, Engineer to the Town explained that the object
of the survey is to come up with a data base. Discussion followed
RESOLUTION NO. 2003-109
RESOLUTION TO AUTHORIZE AMENDMENTS TO AWARDS FOR
CONTRACTS FOR HIGHWAY DEPARTMENT SUPPLIES
The following resolution was introduced by Councilman Valdati and seconded by
Councilman Colsey.
Whereas, the Town Board of the Town of Wappinger awarded contracts for various
supplies for the Highway Department at the March 24, 2003 meeting of the Town
Board, and
WHEREAS due to a clerical error in preparing resolution 2003-104,
amendments to
the contract rates are as follows:
Item Company Rate Adopted
Amended Rate
1/ " washed gravel Clove Excavators $14.50 -per ton
$12.50 per ton
Quarry Item Four Clove Excavators $15.00 delivered price
$11.65 delivered pr
1/4" crushed stone Clove Excavators $14.40
$14.15 " "
3/8" crushed stone Tilcon
$14.00 per ton
1/2" crushed stone Tilcon
$14.00 per ton
5/8" crushed stone Tilcon
$14.75 per ton
2 1/2" crushed stone Tilcon
$15.00 per ton
24x24x24 catch basin M&M $60.00
$160.00
30x24x24 catch basin M&M $75.00
$175.00
2x24 man hole lid Vellano $47.50
$47.20
WHEREAS, the following awards for catch basins are to be awarded:
0"A
Size
Up to 550 Sq. inches
551-624 Sq. inches
626-730 Sq. inches
731-1133 Sq. inches
over 1134 Sq. inches
Company
Chemung Supply Corp.
Chemung Supply Corp.
Chemung Supply Corp.
Chemung Supply Corp.
Chemung Supply Corp.
NOW, THEREFORE, BE IT RESOLVED, as follows:
04/14/2003. W S
Cost
$116.88
$116.88
$122.78
$135.88
$162.88
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The following amendments to the contract rates for supplies for Highway
Department are as follows:
Item Company Rate Adopted Amended Rate
1/4 " washed gravel
Clove Excavators
Quarry Item Four
Clove Excavators
1/" crushed stone
Clove Excavators
3/8" crushed stone
Tilcon
1/2" crushed stone
Tilcon
5/8" crushed stone
Tilcon
21/2" crushed stone
Tilcon
24x24x24 catch basin M&M
30x24x24 catch basin M&M
2x24 man hole lid
Vellano
$14.50 -per ton
$15.00 delivered price
$14.40 " "
$60.00
$75.00
$47.50
$12.50 per ton
$11.65 delivered pr
$14.15 " "
$14.00 per ton
$14.00 per ton
$14.75 per ton
$15.00 per ton
$160.00
$175.00
$47.20
WHEREAS, the following awards for catch basins are to be awarded:
Size
Company
Cost
Up to 550 Sq. inches
Chemung Supply Corp.
$116.88
551-624 Sq. inches
Chemung Supply Corp.
$116.88
626-730 Sq. inches
Chemung Supply Corp.
$122.78
731-1133 Sq. inches
Chemung Supply Corp.
$135.88
over 1134 Sq. inches
Chemung Supply Corp.
$162.88
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Absent
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-110
RESOLUTION TO AUTHORIZE AMENDMENTS TO ADOPTED RENTAL
RATES FOR THE HIGHWAY DEPARTMENT
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Valdati
WHEREAS, the Town Board of the Town of Wappinger adopted rental rates for
various pieces of equipment for the Highway Department at the March 24, 2003
meeting of the Town Board, and
04/14/2003.W S
WHEREAS, due to clerical error in preparing Resolution 2003-097, amendments to
the rental rates are as follows:
Item Rate Adopted 3/24/03 Amended Rate
Bulldozer
TD25 with Ripper $100 per hour $225 per hour
Attachments for 463 &MT50
Snow Plow $350 per week $250 per week
Bobcat Attachments
Asphalt Cutter $400 per week $300 per week
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 following amendments to the adopted rental rates for equipment for the
Highway Department are as follows:
Item Rate Adopted 3/24/03 Amended Rate
Bulldozer
TD25 with Ripper $100 per hour $225 per hour
Attachments for 463 &MT50
Snow Plow $350 per week $250 per week
Bobcat Attachments
Asphalt Cutter $400 per week $300 per week
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Absent
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-111
RESOLUTION AUTHORIZING ZONING ADMINISTRATOR TO ATTEND
EFFECTIVE ZONING ADMINISTRATION TECHNIQUES CLASS
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Colsey.
WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning
Administrator to the Town of Wappinger, to attend the University of Wisconsin's
Effective Zoning Administration Techniques Class in Albuquerque, New Mexico on
June 23, 24,and 25, 2003.
rd
04/14/2003.WS
NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning
Administrator to the Town of Wappinger is hereby authorized to attend the
University of Wisconsin's Effective Zoning Administration Techniques Class in
Albuquerque, New Mexico on June 23, 24,and 25, 2003, at a cost not to exceed Four
Hundred, Ninety -Five Dollars ($495) for registration, Three Hundred, Seven
Dollars ($307) for airfare, and Eighty-two Dollars ($82) per night for hotel
accommodations.
The foregoing was put to a vote, which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting
Aye
ROBERT L. VALDATI, Councilman Voting
Aye
VINCENT F. BETTINA, Councilman Voting
Aye
JOSEPH P. PAOLONI, Councilman Voting
Absent
CHRISTOPHER J. COLSEY, Councilman Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-112
RESOLUTION TO AUTHORIZE THE BID FOR
RECREATION SANITATION NEEDS
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Colsey.
WHEREAS, the Recreation Committee has gone out to bid for its portajohn needs
for the 2003 season; and
WHEREAS, the Recreation Commission received bids as follows:
Vendor Regular Unit Handicap Unit Est. Annual Fee
Superior Sanitation $75 $120 $5,775
M&O Sanitation $125 $175 $9,225
Enviroclean Porta Potty $75 $150 $6,225
Jones Septic Service No Response
WHEREAS, the Recreation Committee has recommended the bid be awarded to
Superior Sanitation in an amount not to exceed Five -Thousand, Seven Hundred,
Seventy -Five Dollars ($5,775) for the 2003 season.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this resolution as if fully set
forth and adopted herein.
2. The Recreation Commission is hereby authorized to rent portajohns from
Superior Sanitation with a total fee not to exceed Five -Thousand, Seven
Hundred, Seventy -Five Dollars ($5,775) for the 2003 season.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Absent
5
04/14/2003.WS
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-113
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
FOR 26 ST. NICHOLAS ROAD
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Colsey.
WHEREAS, on or about June 13, 2001, Karen Corbin deposited Five Thousand
Dollars ($5,000) with the Town of Wappinger in escrow for the purpose of a site
plan for the property at 26 St. Nicholas Road pursuant to Account No. 01-3046; and
WHEREAS, the site plan has now been completed and the return of the unused
escrow amount of Two Thousand, Three Hundred and Thirty-seven Dollars,
($2,337) has been recommended by Tatiana Lukianoff, Zoning Administrator to
the Town of Wappinger, in her letter dated March 29, 2003 to Supervisor Joseph
Ruggiero and Town Board Members.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Payment is approved in the amount of Two Thousand, Three Hundred, Thirty-
seven Dollars and 60/100 ($2,337.60) made payable to Corbin Equipment Inc.,
Account No. 01-3046, for the refund of the unused escrow funds deposited for a
site plan of this Application.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Absent
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
RESOLUTION NO. 2003-114
RESOLUTION AUTHORIZING REFUND OF SIGN PERMIT FEE
FOR 1141 ROUTE 82
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Colsey.
WHEREAS, Neon Art Works has paid an Eighty-four Dollar ($84) sign permit fee
to the Town of Wappinger, and
WHEREAS, the sign permit has been denied, and the return of the permit fee in
the amount of Eighty-four Dollars, ($84) has been recommended by Tatiana
Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated
March 18, 2003 to Supervisor Joseph Ruggiero and Town Board Members.
04/14/2003.WS
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Payment is approved in the amount of Eighty-four Dollars ($84) made payable
to Neon Art Works, for the refund of a sign permit fee.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Absent
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-115
RESOLUTION TO AUTHORIZE THE REPAIR OF THE DUGOUTS AT
MARTZ FIELDS
The following resolution was introduced by Councilman Colsey and seconded by
Councilman Bettina.
WHEREAS, the Recreation Committee has recommended the repair of the roofs of
two dugouts at Martz Field; and
WHEREAS, the Recreation Commission received bids as follows:
Bracaden Construction $3,800
Pro -Built Construction $4,600
O'Dell Painting $4,375
WHEREAS, the Recreation Committee has requested purchase order in the
amount of Three Thousand, Eight Hundred Dollars ($3,800) payable to Bracaden
Construction.
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. A purchase order is hereby authorized in the amount of Three Thousand Eight
Hundred Dollars ($3,800) from Recreation Account No. A-7110.4, in accordance
with a letter dated March 24, 2003 from Ralph Holt, Recreation Chairman, to
the Town Board..
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Absent
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-117
RESOLUTION ADOPTING LOCAL LAW NO. #4 OF 2003 AMENDMENTS TO
THE TOWN CODE, SECTION 240-539 ACCESSORY APARTMENTS
7
04/14/2003.W S
The following resolution was moved by Councilman Bettina and seconded by
Councilman Valdati.
WHEREAS the Town Board of the town of Wappinger has determined that the
Town Code, Section 240-53, Accessory Apartments should be amended and revised
to eliminate the minimum age of building requirement for accessory apartments
(the "Proposed Action"); and
WHEREAS, eliminating the age of building requirement would enable more houses
to qualify for accessory apartments, namely those houses less than 5 years of age,
for which accessory apartment are not permitted under the existing minimum age
of building requirement; and
WHEREAS, eliminating the minimum age of building restriction will therefore
allow for more accessory apartments to be built in the Town, which is in keeping
with the ongoing commitment of the town to encourage the provision of affordable
housing options for Town residents; and
WHEREAS, all other regulations and standards governing accessory apartments
will remain in effect and continue to ensure that such dwellings units do not
adversely impact the character of the residential neighborhoods in which they are
located; 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 designated local 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 Board 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.
3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law
No. #4 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 to time, are to remain in full force and effect.
The question of the adoption of the foregoing resolution was duly put to a roll call
vote, which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
04/14/2003.WS
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Absent
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The resolution is hereby duly declared adopted
RESOLUTION NO. 2003-118
RESOLUTION OF ADOPTION: LOCAL LAW NO. #5 OF 2003 -AMENDMENT
OF TH TOWN OF WAPPINGER ZONING MAP
The following resolution was introduced by Councilman Colsey and seconded by
Councilman Bettina
WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New
York has received the petition of Atlantic Mortgage Bankers, Ltd. to rezone a 0.52 -
acre parcel from the R -2F 2 -Family Residence District to the HB Highway Business
District (the "Proposed Action"); and
WHEREAS, the 0.52 -acre parcel is located on the easterly side of Route 9
approximately 600 feet south of the intersection of Route 9 and Smithtown Road in
the R -2F 2 -Family Residence Zoning District and is otherwise know as Tax lot 6156-
02-737984 (the "Site"); and
WHEREAS, the rezoning request was accompanied by a full Environmental
Assessment Form (Part 1) dated 11/5/01 and a conceptual site plan entitled "Site
Plan for SLD Holdings Ltd.," prepared by Day, Oswald an Gillespie, and dated
12/5/01; and
WHEREAS, at its November 4, 2002 meeting, the Planning Board recommended
the rezoning, provided that the development of the site be limited to a 6,000 square
foot office building and as set forth in the petitioner's application; and
WHEREAS, under current R -2F zoning, the lot meets all dimensional and area
requirements; and
WHEREAS, based on maximum FAR and lot size alone, under R -2F zoning, a 6,795
square -foot residential structure could be built, which is slightly larger than the
proposed 6,000 square foot office building; and
WHEREAS, under the proposed HB zoning the lot by itself would be nonconforming
with respect to area (0.52 acres proposed, 2 acres required); minimum width (147'
proposed, 150' required); and minimum frontage (148 proposed, 150' required); and
WHEREAS, rezoning the subject parcel to a commercial district will require area
variances for any use of the Subject Property; and
WHEREAS, the 1988 Town Comprehensive Plan recommends this property for
commercial use while strongly discouraging strip commercial; and
WHEREAS, the Applicant stated and the Planning Board agreed, that development
of the subject property under the existing R -2F zoning, as a two-family residence
was not realistic given the impracticality of locating such a residential use on Route
9, a busy, congested road not suitable to lower density residential uses; and
04/1412003.WS
WHEREAS, it was established that the difference in the amount of wastewater
generated between a 6,795 square -foot two-family structure and 6,000 square -foot
office building would be negligible; and
WHEREAS, the Proposed Action involves other agencies, including: the Town of
Wappinger Planning Board; the Town of Wappinger Zoning Board of Appeals
(should an area variance be required); the Dutchess County Health Department;
the New York State Department of Transportation; and the New York State
Department of Environmental Conservation; and
WHEREAS, the Town Board has determined that the Town of Wappinger Zoning
Map requires updating and correction; and
WHEREAS, the Town Board has authorized the preparation of recommended
revisions to the Town's Zoning Map; and
WHEREAS, the Town Board currently has before it for consideration the proposed
revisions to the Town of Wappinger Zoning Map that would rezone 0.52 acres of
land to HB Highway Business; 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 list all zoning amendments as Type I
actions); and
WHEREAS, the Town Board has caused to be prepared and completed Part I of
Full Environmental Assessment Form (EAF), as amended, for this project and has
studied and reviewed the expanded EAF dated 11/5/01 and the drainage reported
dated 5/23/02, and the recommendations of the Dutchess County Department of
Planning and Development; 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 Board is
therefore the Lead Agency for this action; and
WHEREAS, on April 14, 2003 the Town Board held a public hearing on the
proposed amendments to the Zoning Map at which time all persons interested were
given an opportunity to be heard and the hearing was closed on that date.
NOW THEREFORE, BE IT FURTHER 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. The Town Board hereby adopts the attached Negative Declaration based upon
the reasons enumerated therein, and thereby makes the determination that the
Proposed Action will not have a significant effect upon the environment, and
thereby finds that the preparation of a Draft Environmental Impact Statement
will not be required for the Proposed Action.
10
04/14/2003.WS
3. The Town Board hereby directs the Town Clerk to file the attached Negative
Declaration with the Environmental Notice Bulletin.
4. The Town Board of the Town of Wappinger hereby adopts Local Law No. #5 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 is to remain in full force and effect and is
otherwise to be ratified, readopted and confirmed.
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 L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Absent
CHRISTOPHER J. COLSEY, Councilman Voting Aye
The resolution is hereby duly declared adopted
RESOLUTION NO. 2003-119
RESOLUTION SETTING PUBLIC HEARING FOR COMPREHENSIVE
PLAN AMENDMENTS TO RECLASSIFY THE LAND USE FROM
INDUSTRY TO RESIDENTIAL ON TO TWO ACRES FOR 25.32 ACRES
LOCATED ON THE SOUTH SIDE OF MALONEY ROAD (NESHEIWAT)
WHEREAS, an application know as Nesheiwat was made to the Town of Wappinger
Town Board for the rezoning of an 18.5 acre parcel of land from Al Airport Industry
to R-40 One -Family Residence; and
WHEREAS, the 18.5 acre parcel is know as Tax Lot 6259-02-6057758 on the Town
of Wappinger Tax Assessment Maps and is located on the south side of Maloney
Road, approximately 400 feet east of New Hackensack Road in the AI Zoning
District (the "Nesheiwat Property"); and
WHEREAS, the Town Comprehensive Plan, originally adopted in 1988, and
subsequently amended, designates a large area of land north and east of Route 376
and Airport Drive and south of Maloney Road as Industry, including the Nesheiwat
Property; and
WHEREAS, the proposed rezoning from AI to R-40 would be inconsistent with the
recommended land use for the Nesheiwat Property set forth in the Town
Comprehensive Plan; and
WHEREAS, to enable the proposed rezoning to be considered, it would first be
necessary to reclassify the recommended land use for the Nesheiwat Property from
Industry to Residential One to Two Acre; and
WHEREAS, the Nesheiwat Property was reclassified in the 1995 from Conservation
Office Park to Industry to "enable the rezoning of the vast majority of this area to
AI," permitting a "broader range of uses on smaller, more affordable lots;" and
11
04114/2003.WS
WHEREAS, further justification was given at the time for the reclassification based
on the "area's proximity to Route 376, the Dutchess County Airport, Airport
Business Center Drive and the possible future connection to proposed County Route
11," and the expansion of the Town's non-residential tax -base that the anticipated
commercial and industrial development would fuel; and
WHEREAS, the formerly proposed Maybrook Railroad/County Route 11 limited
access highway, which was anticipated to spur growth in the northeast corner of the
Town, a key rationale for designating the Nesheiwat Property and surrounding area
as first Conservation Office Park, and subsequently Industry, is no longer proposed;
and
WHEREAS, because the Maybrook Railroad/County Route 11 limited access
highway is no longer proposed, the justification for both the Conservation Office
Park and Industry designations of the Nesheiwat Property and certain other
surrounding properties is no longer as strong, particularly for properties with sole
frontage on Maloney Road, of which the Nesheiwat Property is but one; and
WHEREAS, the Nesheiwat Property is flanked by two parcels also classified by the
Town Comprehensive Plan as Industry: a + 0.6 -acre parcel to the east with an
existing single family residence, known as Tax Lot 6259-02-6668000, and a + 6.22
acre parcel to the west known as Tax Lot 6259-02-558778, for which a church,
currently before the Planning Board, is proposed (the "Adjacent Properties"); and
WHEREAS, the Town Board determined that in addition to reclassifying the
recommended land use of the Nesheiwat Property to Residential One to Two Acre,
that the Adjacent Properties should also at this time be reclassified to Residential
One to Two Acre; and
WHEREAS, the reclassification of the ± 0.6 acre and the ± 6.22 acre properties
would not interfere with present and/or currently proposed uses for either site, nor
would the subsequent rezoning of these properties to R-40; and
WHEREAS, the proposed Residential land use classifications for both the
Nesheiwat Property and the Adjacent Properties are in keeping with the
overwhelmingly residential/rural character of Maloney Road; with the residential
land uses recommended by the Town Plan for the north side of Maloney Road; and
the numerous instances of poor sight distance along Maloney Road, which is a
windy, hilly road unsuitable for commercial and industrial uses; and
WHEREAS, because of its proximity to the airport, the Nesheiwat rezoning
application was referred to the Airport Director of the Dutchess County Airport, and
the Director, in a letter to the Planning Board dated 11/25/02, made no objection to
the proposed rezoning from Al to R-40, but noting that a "Transitional Slope of 7 to
1 exists off of the sides of the Approach Slope (to runway 24)" and that "a portion of
the terrain within the subject parcel itself penetrates this Transitional
12
04/14/2003.WS
surface... along the most southerly border and along the crest of the hill ... by 20
feet," and recommended that no structures be constructed and that "vegetative
(tree) growth" be limited in said portion of the Nesheiwat Property; and
WHEREAS, the Town Board has determined that the Town of Wappinger
Comprehensive Plan requires updating and correction; and
WHEREAS, the Town Board has authorized the preparation of recommended
revisions to the Town's Comprehensive Plan; and
WHEREAS, a duly advertised public hearing on the preparation of draft
amendments to the Town Comprehensive Pan was held on April 14, 2003 at the
Town Hall: and
WHEREAS, the Town Board currently has before it for consideration the proposed
revisions to the Town of Wappinger Comprehensive Plan that would reclassify the
recommended land use designations of the Nesheiwat Property and the Adjacent
Properties from Industry to Residential One to Two Acre, thereby allowing the
Nesheiwat Property and the Adjacent Properties to be rezoned to R-40 (the
"Proposed Action"); 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 617
NYCRR (commonly know as "SEQRA') and pursuant to Local Law No. 6 of 1992
(the Town's environmental quality review law; and
WHEREAS, the Town Board has determined that the Proposed Action is an action
for which there are no other Involved Agencies and that the Town Board is
therefore the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for consideration
of its adoption a proposed Resolution containing amendments to the Town's
Comprehensive Plan in form annexed hereto.
2. 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 Comprehensive Plan and
Zoning Law amendments.
3. The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Comprehensive Plan amendments for 7:30 p.m. on the 12th
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.
4. The Town Board hereby directs the Town Clerk to act as follows with respect to
the proposed law
13
04/14/2003.WS
a.. To serve a copy of this resolution, the annexed proposed Resolution of
Adoption, 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 Resolution of
Adoption, and the public hearing notice to the Dutchess County Department
of Planning and Development for advisory review in accordance with Section
239-m of General Municipal Law; and
c To distribute a copy of this resolution, the annexed proposed Resolution
of Adoption, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation 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
Aye
VINCENT BETTINA, Councilman Voting
Aye
CHRISTOPHER COLSEY, Councilman Voting
Aye
JOSEPH PAOLONI, Councilman Voting
Absent
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-121
RESOLUTION AUTHORIZING APPRAISAL AND NEGOTIATIONS FOR
PURCHASE OF CHELSEA COTTAGE LANDING MARINA
Th following Resolution was introduced by Councilman Valdati and seconded by
Councilman Colsey.
WHEREAS, the Town of Wappinger seeks to purchase the Chelsea Cottage Landing
Marina in conjunction with an assistance grant from the New York State Greenway
Council; and
WHEREAS, the Town requires appraisal services to assess the market value of the
Chelsea Cottage Landing Marina as an operational marina in furtherance of its
consideration to purchase the aforesaid premises.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Hubble Realty Services, Inc. is hereby authorized to prepare a complete
appraisal report to the fullest extent possible for a fee of $8,000.00 pertaining to
the property to be purchased or acquired by the Town so as to enable the Town
to assess the market value of the land and/or easement rights to be purchased
from the affected property owners.
3. Joseph Ruggiero, Town Supervisor, and Albert P. Roberts, Attorney to the Town,
are hereby authorized to negotiate the purchase of the necessary land and/or
easement rights from all affected property owners.
The foregoing was put to a vote which resulted as follows:
14
04/1412003.WS
JOSEPH RUGGIERO, Supervisor
Voting
Aye
ROBERT VALDATI, Councilman
Voting
Aye
VINCENT BETTINA, Councilman
Voting
Aye
CHRISTOPHER COLSEY, Councilman
Voting
Aye
JOSEPH PAOLONI, Councilman
Voting
Absent
The Resolution is hereby duly declared adopted
NEW BUSINESS
Councilman Valdati wish to address the large tractor trailers parked on the
intersection of Old Rte 9 and Middlebush Road. He wished to know if we could place
"No Parking Signs" on that site. Attorney to the Town Al Roberts said he would
research the issue and report back to the board. The Zoning Administrator
explained that if the town were to erect a "No Parking Sign" at that location which
basically has been approved by the board for the hot dog lady, then that would
preclude the area from being used as a place to pull off to purchase hot dogs.
Councilman Valdati explained he was referring to overnight parking in that area.
At this time, 8:35 p.m. Councilman Bettina moved to go into Executive Session to
discuss Bostwick, 99-2R and the Cell Tower, seconded by Councilman Colsey and
unanimously carried.
The meeting reconvened at 9:20 p.m. with all board members present except
Councilman Paoloni.
The following action was taken in Executive Session.
RESOLUTION NO. 2003-122
RESOLUTION AUTHORIZING ENFORCEMENT OF PERFORMANCE
BOND NO. B21860213 ISSUED PURSUANT TO WAPPINGER WATER
IMPROVEMENT AREA 1999-2(R), CONTRACT NO.6
The following resolution was introduced by Councilman Bettina and seconded by
Councilman Colsey.
WHEREAS, the Town of Wappinger previously authorized the formation of the
Wappinger Water Improvement Area 1999-2(R), hereinafter referred to a "1999-
2(R)", for the purposes of constructing a supplemental water supply to various
Water Districts and Improvement Areas in the Town; and
WHEREAS, among the improvements to be made by 1999-2(R) was the construction
and installation of a dedicated pressurized water line from the Atlas Well Field
located adjacent to Wappinger Creek to the Hilltop Water Tank located on Cider
Mill Loop in the Town of Wappinger; and
WHEREAS, the construction and installation of the dedicated pressurized water
line from the Atlas Wellfield to the Hilltop Water Tank was awarded to Clayton
Industries, Inc. as the lowest responsible bidder pursuant to plans and
specifications prepared on behalf of the Town; and
WHEREAS, the Contract between the Town of Wappinger and Clayton Industries,
Inc. was entered into on August 15, 2002; and
15
04/14/2003.WS
WHEREAS, during the course of the construction and installation of the dedicated
pressurized water line from the Atlas Wellfield to the Hilltop Water Tank, the Town
has encountered numerous problems with Clayton Industries, Inc., which have
substantially delayed the progress of the work through no fault of the Town; and
WHEREAS, the original completion date for the Contract was January 16, 2003
which was extended upon request by Clayton Industries, Inc., and approved by
Change Order No. 6, resulting in rescheduling the Contract completion date to
August 2, 2003; and
WHEREAS, THE Town by its engineers and attorney has made many attempts to
resolve the aforesaid numerous problems with Clayton Industries, Inc., in order to
ensure that Clayton will be able to complete the project as required by the Contract;
and
WHEREAS, the Attorney to the Town, Albert P. Roberts, by letter dated April 10,
2003 to Frederick Maute, Attorney to Clayton Industries, Inc., has demanded
Clayton Industries, Inc., to recommence and complete the project as required by the
Contract; and
WHEREAS, the Town Board determines that it is a matter of public necessity to
complete the construction project in timely fashion in accordance with the Contract
Specifications; and
WHEREAS, the Town Board hereby determines that Clayton Industries, Inc., has
failed to recommence the project and otherwise has failed to diligently perform its
duties in accordance with the Contract documents; and
WHEREAS, the Town Board directs the Attorney to the Town, Albert P. Roberts, to
take all steps necessary to commence enforcement of the Performance Bond (Bond
No.. B21860213) in order to ensure adequate and timely performance and
completion of the project as provided by 1999-2(R) Contract No. 6.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Attorney to the Town, Albert P. Roberts, is hereby authorized to take all
necessary steps to enforce the provisions of the Performance Bond (Bond No.
B21860213 issued by Gulf Insurance Gulf Company to the Town of Wappinger in
order to ensure adequate and timely performance and completion of the project
as provided by 1999-2(R) Contract No. 6 in consequence of the failure of Clayton
Industries, Inc., to diligently perform its duties pursuant to the Contract dated
August 15, 2002.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT VALDATI, Councilman Voting Aye
VINCENT BETTINA, Councilman Voting Aye
04/14/2003.WS
CHRISTOPHER COLSEY, Councilman Voting Aye
JOSEPH PAOLONI, Councilman Voting Absent
The Resolution is hereby duly declared adopted
There was no other business to come before the board.
Councilman Bettina moved to close the meeting, seconded by Councilman Colsey,
and unanimously carried
The meeting adjourned at 10:23 p.m.
17
G�oria J. Morse
Town Clerk"
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do
not use italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. # 4 of the year 20 03
A local law (Insert Title) entitled "Local Law # of 2003, amending the Town Code,
Section 240-53, Accessory Apartments."
Be it enacted by the TOWN BOARD
of the
(Name of Legislative Body)
Town of WAPPINGER as
follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and
number each.)
DOS -239 (Rev. 11/99)
LOCAL LAW # 4 OF THE YEAR 2003
A Local Law entitled "Local Law # 4 of 2003, amending the Town Code, Section 240-
53, Accessory Apartments."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law 4 4 of 2003, amending the
Town Code, Section 240 -53, -Accessory Apartments."
Section 2: LeVrislatiye Intent
The intent of the proposed Local Law is to eliminate the minimum age of building
requirement for accessory apartments.
Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory
Apartments, of the Zoning Law shall be revised to read as follows:
"C. Modifiable requirements. The Planning Board shall have the power to modify the
following requirements, provided that said Board finds that such modifications are
consistent with the legislative intent of this section as set forth in § 240-53A above
and the purposes of this chapter.
(1) Occupancy. The minimum gross floor area for an accessory apartment shall
be 300 square feet but in no case shall it exceed 35% of the gross floor area
of the building in which it is located.
(2) Location of parking. No more than two off-street parking spaces shall be
permitted in front of the principal building. No parking areas shall be in the
front yard.
(3) Access.
(a) An accessory apartment shall have access which is separate from the
other dwelling unit in the building.
(b) Both dwelling units shall not be allowed to access the front of the
building in which they are located unless there is a separate secure
access to each dwelling unit inside the single common front
entrance.
2
(c) Outside stairways and fire escapes for the accessory apartment shall
be at the rear of the building.
Section 4.
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 5: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their petition to other persons
or circumstances. It is hereby declared to be the legislative intent that this Local law
would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part hereof is held inapplicable had been
specifically exempt there from.
Section 6: Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
jAdocs2\500\wappinger\zone amendments\acc apt.shed.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. _
of the Town of Wappin er was duly passed by the Town
April 14 2003, in accordance with the applicable provisions of law.
(Name of Legislative Body)
114
Board
of 2003
on
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
(Name of Legislative Body)
2003, and was (approved) (not approved) (repassed after
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.
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 , hove.
Clerk`oTthe County gisl ve body, City, Town or Village Clerk
or officer designat b ocal legis ative body
GLORIA ,ORSE, WN CLERK,
(Seal) Date: /� ,2003
(Certification to be executed by County�Attomey, Corporation Counsel, Town Attorney, Village Attorney
or other authorized attorney of locality).
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
ALBERT P. ROBERTS, ATTORNEY TO TOWN
Title
Town of WAPPINGER
Village L
Date: l 2003
j:\docs2\500\wappinger\wap3-005.lkb.doc:ev
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filin
(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.
County
City
of WAPPINGER
Town
Village
Local Law No.
of the year 2003
A local law entitled "Local Law Amending the Zoning Map
(Insert Title)
of the Town of Wappinger for Property on Route 9"
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
County
city
of WAPPINGER as follows:
Town
Villag
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99)
LOCAL LAW # #1i OF THE YEAR 2003
A Local Law entitled "Local Law Amending the Zoning Map of the Town of
Wappinger for Property on Route 9."
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 Amending the Zoning
Map of the Town of Wappinger for Property on Route 9."
Section 2: Legislative Intent
The proposed HB Highway Business zoning for the subject property is in keeping
with the overwhelmingly commercial character of Route 9. The existing R-217 zoning
and the one- or two-family residences which the zone permits are inappropriate, given the
property's location on Route 9, a highly traveled, busy commercial corridor. The
rezoning is also in keeping with the Town Comprehensive Plan, which recommends a
commercial use for the subject property.
References are to sections of the Town of Wappinger Zoning Code.
2
Section 3: The property in the following Table 1 and attached Figure 1 shall be
rezoned as shown therein:
Table 1
Section 4: 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 5: Separability
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity or
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this Local Law or their
petition to other, persons or circumstances. It is hereby declared to be the legislative
intent that this Local law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part
hereof is held inapplicable had been specifically exempt there from.
3
Approximate
Tax ID
Size Acres
Current Zonin
New Zonin
6156-02-
R -2F Two -Family
HB Highway
737984
0.52
Residence
Business
Section 4: 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 5: Separability
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity or
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this Local Law or their
petition to other, persons or circumstances. It is hereby declared to be the legislative
intent that this Local law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part
hereof is held inapplicable had been specifically exempt there from.
3
[Ul
R-2F to HB
Existing/Proposed Zoning - Atlantic Mortgage Bankers
Town of Wappinger, Dutchess County, New York
R-
R -2F
FREDERICK P. CLARK ASSOCIATES, INC
Planning/Development/Environment/Transportation
0 100 200 300 Feet Figure I
March 2003
Oron
Legend
Proposed Rezoning Parcel
ZONING
QR -40 - Single Family Residence
Notes:
OHO - Highway Office
This map was compiled from multiple data sources with
different scale and projections. This map does not meet
QR -2F - Two -Family Residence
National Map Accuracy Standards and should only be used
OHB - Highway Business
for general planning purposes.
R-
R -2F
FREDERICK P. CLARK ASSOCIATES, INC
Planning/Development/Environment/Transportation
0 100 200 300 Feet Figure I
March 2003
Oron
Section 6: Effective Date
This Local Law shall take effect immediately upon adoption and filing with the
Secretary of State as provided by the Municipal Home Rule Law.
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(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. #11 of 2003
of the Town of Wappinger was duly passed by the Town Board on
April 14, 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.
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 , above.,-,
Clerk of the County legislative'i 6#, CiV own or Village Clerk
or officer designated by local dgislative body
GLORIA MORSE TO, WJN CLERK,
(Seal) Date: �e ;i= f ,
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized attorney of locality).
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enpctment 6caa 9p9 xedlrreto.
signature
ALBERT P. ROBERTS, ATTORNEY TO TOWN
Title
Town of WAPPINGER
Village
Date:
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