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2003-03-10 RGM03/10/2003.WS Monday, March 10, 2003 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to the Flag Public Hearing: Local Law for Required Street Frontage, Phase II Preparation of Preliminary Plat & Construction Suspension of Rules for Public Comment on Agenda Items Discussions: Caparelli Zoning Request Meadowood Section II - Legal Opinion of Council Harvey Tolin Traffic Calming Study Dental Coverage for Town Employees Letter to Residents Regarding Tax Exemptions, Councilman Bettina Request Resolutions: 2003-080 Resolution Adopting Local Law for Required Street Frontage, Phase II Preparation of Preliminary Plat and Construction 2003-081 Resolution Appointing Board of Assessment Review Member 2003-083 Resolution Setting Water District 0&M Charges 2003-084 Resolution Authorizing Change Order No.4 for 99-2R Contract 6 2003-085 Resolution Introducing Local Law for Proposed Amendments to the Town Code, Section 240-20, Required Street Frontage -Minimum 50 Foot Width 2003-086 Resolution Introducing Local Law for Proposed Amendments to the Town Code, Schedule of Dimensional Regulations -Residential Districts - Reduced Shed Setbacks 2003-087 Resolution Introducing Local Law for Proposed Amendments to Town Code, Section 240-53, Accessory Apartments -Elimination of Minimum Age of Building Required 2003-088 Resolution Introducing Rezoning of Neshiawat and Adjacent Properties 2003-089 Resolution Introducing Atlantic Mortgage Bankers Proposed Rezoning R2F to H -B 2003-090 Resolution Awarding Bid for Water and Sewer Billing System Executive Session: 99-211 Contract 6 New Business/Comments Adjournment D 03/10/2003.WS The Workshop Meeting of the Town of Wappinger was held on March 10, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent PUBLIC HEARING: 1. Local Law for Required Street Frontage, Phase II Preparation of Preliminary Plat & Construction. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. DISCUSSIONS: • Capparelli Zoning request to rezone property he owns at 2026 Route 9D in order to erect a self -storage warehouse on the 11.34 acres. Supervisor Ruggiero announced that is was recommended by our professionals we not accept any new rezones at this time due to the Master Plan. Councilman Colsey moved to authorize Supervisor Ruggiero to send a letter to Mr. Capparelli indicating at this time, we are not going to consider this rezone request, due to the Master Plan, seconded by Councilman Bettina and unanimously carried. • Harvey Tolin, Losee Road. with some concerns he has with the Planning Board regarding a subdivision he has planned on Scotse Road. Because of an additional subdivision being planned in that area, the Planning Board had recommended that a connecting road be cut through from Scotse to Losee Road. This would create a hardship on Mr. Tolin. Supervisor Ruggiero wished to go on record that he does not think a connecting road was in the best interest of the Town and he thinks its unfair to both applicants. Discussion followed. Councilman Paoloni moved to authorize Supervisor Ruggiero submit a letter to the Planning Board stating the Town Boards opposition to the connector road from Scotse and Losee Road, for these two subdivisions and include the reasons as discussed. Seconded by Councilman Bettina and unanimously carried. 1 03/10/2003.WS Traffic Calming Study. Mike Galante of Frederick Clarke Associates coordinator of the study gave a report on several specific roads that were studied for the traffic study calming techniques and went over recommendations for problem areas along the roads. Discussion followed. Mr. Galante will finalize the report and return back to the Town Board. Al Roberts, Attorney to the Town will also research if the Town of Wappinger is eligible to become a Suburban Town. • Dental Coverage for Town employees. Dave Tully gave a presentation on the Guardian Dental Plans. Discussion followed. Councilman Valdati moved to authorize the Supervisor to sign the Dental Contract with Guardian for Plan #1, seconded by Councilman Bettina and unanimously carried. Councilman Valdati moved to authorize the Town of Wappinger to pick up the entire cost of the dental plan, seconded by Councilman Colsey and unanimously carried • Letter to Residents Regarding Tax Exemptions, Councilman Bettina Request. Discussion followed. Councilman Valdati moved to extend the same letter to all wards, seconded by Councilman Bettina and unanimously carried. Councilman Valdati moved to authorize Town Attorney to research sending out letters without Town Board approval, seconded by Councilman. RESOLUTION NO. 2003-080 RESOLUTION ADOPTING LOCAL LAW FOR REQUIRED STREET FRONTAGE PHASE II PREPARATION OF PRELIMINARY PLAT AND CONSTRUCTION The following resolution was moved by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 217-12, Phase II. Preparation of preliminary plat and Construction Plans, should be amended and revised 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 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 designates 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 i�� 03/10/2003.WS 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, but rather, 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. _ 2003; and, except as specifically modified by the amendments contained therein, the Subdivision Regulations, as originally adopted and amended from time to time, are to remain in full force and effect. The 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-081 RESOLUTION APPOINTING BOARD OF ASSESSMENT REVIEW MEMBER The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Wappinger Town Board has found Paul Pilon has performed his duties as a Board of Assessment Review Member to a High Standard, and WHEREAS, the Town Board of the Town of Wappinger finds Paul Pilon to be the individual capable of filing the vacancy on the Board of Assessment Review, NOW, THEREFORE, BE IT RESOLVED, that Paul Pilon is hereby appointed to the Town of Wappinger Board of Assessment Review. 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 Aye The Resolution is hereby duly declared adopted 3 03/10/2003.WS RESOLUTION NO. 2003-083 Fleetwood Sewer RESOLUTION SETTING O&M QUARTERLY CHARGES FOR WATER AND SEWER FOR THE TOWN OF WAPPINGER Over additional $3/1000 gal The following Resolution was offered by Councilman Valdati and seconded by Wildwood Sewer Councilman Colsey. N10 WHEREAS, the current O&M rated for the Oakwood Water District is $85 Flat Rate $95/qtr per quarter; and Mid Pt Park Sewer WHEREAS, the connection of the Oakwood Water District to the Central F00 Wappinger Water District has resulted in a decrease in the O&M rate from $3.45/100cf if no reading $34 min. per Town $85 to $27.50 per quarter and WHEREAS, the current Water & sewer O&M quarterly charges are as SV1 follows: Flat Rate $65/qtr Water D30 Fleetwood Water $48.50 Minimum —14,143 gal or 1890cf E90 Watch Hill Water $5 Min 2,500cf over additional $1.40/110cf N01 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf NO2 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf NO3 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N04 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N05 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N23 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N13 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N30 Ardmore Water $24 Min. 2,500cf, over additional .75/100 N40 Tall Trees Flat Rate $85 per Quarter N60 Wappinger Park Homes Flat Rate $85 per Quarter NWO North Wappinger Water $25 Min 15,000 gal or 2005 cf over additional $1.50/1,000 gal. MCO Myers Corners II 1 Acct Emerald -Booster Station $2,762.50/gtr CWF 1 Bill per year -Emerald A/C#17365 $600 per year (2 month due date) CWB BJ's Only Billed of leak or fire Sewer H2O Rockingham Farms Flat Rate $95 L00 Fleetwood Sewer $100 Min. 17,186 gal or 2297 cf Over additional $3/1000 gal L40 Wildwood Sewer Flat Rate $85/qtr N10 S.I #1 Flat Rate $95/qtr N50 Mid Pt Park Sewer Flat Rate $140/qtr F00 Watch Hill Sewer $3.45/100cf if no reading $34 min. per Town Of Fishkill Town Board SV1 Phase 3A Sewer Flat Rate $65/qtr NOW THEREFORE BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth. 2. The Town Board hereby approves a decrease in the Oakwood Water District O&M Rate from $85 per quarter to $27.50 per quarter. 4 03/10/2003.WS 3. The Water and Sewer O&M rates outside the Oakwood Water District are hereby set as follows: Water D30 Fleetwood Water $48.50 Minimum —14,143 gal or 1890cf E90 Watch Hill Water $5 Min 2,500cf over additional $1.40/100cf N01 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf NO2 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf NO3 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N04 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N05 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N23 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N13 Central Wappinger Water $25 Min. 2,500cf, over additional .64/100cf N30 Ardmore Water $24 Min. 2,500cf, over additional .75/100 N40 Tall Trees Flat Rate $85 per Quarter N60 Wappinger Park Homes Flat Rate $85 per Quarter NWO North Wappinger Water $25 Min 15,000 gal or 2005 cf over additional $1.50/1,000 gal. MCO Myers Corners II 1 Acct Emerald -Booster Station $2,762.50/gtr CWF 1 Bill per year -Emerald A/C#17365 $600 per year (2 month due date) CWB BJ's Only Billed of leak or fire Sewer H2O Rockingham Farms Flat Rate $95 L00 Fleetwood Sewer $100 Min. 17,186 gal or 2297 cf Over additional $3/1000 gal L40 Wildwood Sewer Flat Rate $85/qtr N10 S.I #1 Flat Rate $95/qtr N50 Mid Pt Park Sewer Flat Rate $140/qtr F00 Watch Hill Sewer $3.45/100cf if no reading $34 min. per Town Of Fishkill Town Board SV1 Phase 3A Sewer Flat Rate $65/qtr 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-084 RESOLUTION AUTHORIZING CHANGE ORDER NO.4 FOR 99-2R CONTRACT NO The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Change Order No. 4 for Wappinger Water Improvement Area 1999- 2R as per a letter dated January 20, 2003, a copy of which is attached hereto. NOW THEREFORE BE IT RESOLVED, as follows: 5 03/10/2003.WS 1. The recitations set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board hereby approves change order No. 4 dated January 20, 2003 to Wappinger Water Improvement Area 1999-2R, Contract No. 6 between the Town and Clayton Industries in the amount of Nineteen Thousand, Two Hundred Five Dollars and 23/100 ($19,205.23) for the reasons set forth in the letter dated January 20, 2003 from Charles DelBene of Paggi, Martin & DelBene to the Town Board. 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-085 RESOLUTION ADOPTING LOCAL LAW NO. OF 2003 AMENDMENTS TO THE TOWN CODE, SECTION 240-20 REQUIRED STREET FRONTAGE The following resolution was moved by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20 Required Street Frontage should be amended and revised to clarify the application of the minimum frontage requirement vis-a-vis flag lots in as far as to plainly state that no portion of access to a lot an/or a frontage strip of land for a lot shall be less than fifty (50) feet wide (the "Proposed Action"); 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 regulation, 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. C. 03/10/2003.WS 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 to time, are to remain in full force and effect. 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-086 RESOLUTION INTRODUCING LOCAL LAW FOR PROPOSED AMENDMENTS TO THE TOWN CODE, SCHEDULE OF DIMENSIONAL REGULATIONS- RESIDENTIAL DISTRICTS - REDUCED SHED BACK Councilman Bettina moved to table Resolution No. 2003-086, seconded by Councilman Colsey and unanimously carried. RESOLUTION NO. 2003-087 RESOLUTION INTRODUCING LOCAL LAW FOR PROPOSED AMENDMENTS TO TOWN CODE, SECTION 240-53 ACCESSORY APARTMENTS -ELIMINATION OF MINIMUM AGE OF BUILDING REQUIRED 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 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 established locally designated 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 the only involved agency, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 7 03/10/2003.WS 1. 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; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations 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 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. 3. 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 14th day of April, 2003 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less tan 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 Local 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 distribute a copy of this resolution, the annexed proposed Local Law, 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO.2003-088 RESOLUTION INTRODUCING AMENDMENTS TO THE TOWN OF WAPPINGER COMPREHENSIVE PLAN 03/10/2003.WS The following resolution was moved by Councilman Bettina and seconded by Councilman Valdati 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 Town 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 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 4] 03/10/2003.WS 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)" and that "a portion of the terrain within the subject parcel itself penetrates this Transitional 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, 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, WE 03/10/2003.WS 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 14th day of April, 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 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 11 03/10/2003.WS ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Nay The Resolution is hereby duly declared adopted RESOLUTION NO.2003-089 RESOLUTION INTRODUCING ATLANTIC MORTGAGE BANKERS PROPOSED REZONING R2F TO H -B The following resolution was moved by Councilman Bettina and seconded by Councilman Colsey. 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 known 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 Holding Ltd.," prepared by Day, Oswald and 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"proposee, 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 development of the Subject Property; and WHEREAS, the 1988 Town Comprehensive Plan recommends the Subject Property for commercial use while strongly discouraging strip commercial; and 12 03/10/2003.WS 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 WHEREAS, it was established that the difference in the amount of wastewater generated between a 6,795 square -foot two-family structure and a 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; 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 Law requires updating and correction to make the zoning consistent with the Comprehensive Plan; 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 Law 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 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. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption the 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 is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant 13 03/10/2003.WS to SEQRA until conclusion of the Public Hearing(s) on the proposed Zoning Law amendment. 3 The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No_ for 7:30 p.m. on the 14th day of April, 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 a. To serve a copy of this resolution, the annexed proposed Resolution of Adoption, and the public hearing notice to h4e municipal 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 Local Law, 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-090 RESOLUTION AWARDING CONTRACT FOR NEW WATER AND SEWER BILLING SYSTEM The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni WHEREAS, Town of Wappinger Comptroller, Gerald Terwilliger has received four quotes for a new Water and Sewer Billing System for the Town, and WHEREAS, bid were received as follows: Admit Software Consultants EOS Software MCS Spectrum $8,460 $9,900 $7,750 $8,655 14 03/10/2003.WS WHEREAS, Debra Brown, Water and Sewer Clerk and Gerald Terwilliger, Comptroller have reviewed all programs and proposals and have submitted a written recommendation to the Town Board, WHEREAS, both Ms. Brown and Mr. Terwilliger have recommended EOS Software NOW, THEREFORE, BE IT RESOLVED, The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The contract for the new Water and Sewer Billing System is hereby awarded to EOS Software in an amount not to exceed Seven Thousand, Seven Hundred, Fifty Dollars, ($7,750). Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. 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 Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003 091 RESOLUTION INTRODUCING LOCAL LAW AMENDING TOWN OF WAPPINGER ZONING LAW (NESHEIWAT) The following resolution was moved by Councilman Bettina and seconded by Councilman Colsey. 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 AI 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 Nesheiwat Property is flanked by two parcels: a ± 0.6-aacre parcel to the east zoned Al, with an existing single-family residence, known as Tax Lot 6259-02-6668000, and a ± 6.22 acre parcel to the west, zoned CC Conservation Commercial, known as Tax Lot 6259-02-558778, for which a church, currently before the Planning Board, is proposed (the "Adjacent Properties") and 15 03/10/2003.WS WHEREAS, the Town Board determined that in addition to rezoning the Nesheiwat Property to R-40, that the Adjacent Properties should also at this time be rezoned to R-40; and WHEREAS, the rezoning of the Nesheiwat Property and the Adjacent Properties would not interfere with present and/or currently proposed uses for the sites; and WHEREAS, the Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designated 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 Adjacent Properties; and WHEREAS, the Nesheiwat Property and the Adjacent Properties were reclassified in 1955 from COP Conservation Office Part 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 WHEREAS, further justification was given at the time for the reclassification based on the "area's proximity of 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 rational 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 the Adjacent Properties, and the Al and CC zoning of these properties, is no longer as strong, particularly for properties with sole frontage on Maloney Road; and WHEREAS, the land use designation recommended in the Town Comprehensive Plan for the Nesheiwat Property and the Adjacent Properties was recently reclassified by the Town Board form Industry to Residential One to Two Acre in anticipation of the proposed rezoning to R-40; and WHEREAS, the proposed R-40 zoning for both the Nesheiwat Property and the Adjacent Properties is in keeping with the overwhelmingly residential/rural character of Maloney Road; with the residential zoning and residential land uses recommended by the Town Plan for the north side of Maloney Road; and the numerous instances of poor sight distance along 16 03/10/2003.WS Maloney Road, which is windy, hilly road unsuitable for commercial and industrial uses; and WHEREAS, the proposed rezonings are also consistent with the recently reclassified recommended land -uses for the Nesheiwat Property and the Adjacent Properties to residential land 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 AI to R-40, but noting that "Transitional Slope of 7 to 1 exists 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 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 he Town of Wappinger Zoning Law requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Zoning Law; and WHEREAS, the Town Board currently has before it for consideration the proposed revisions to the Town of Wappinger Zoning Law that would rezone 25.32 acres of land to R-40 One —Family Residence, an 18-5 acre parcel from Al Airport Industry to R-40 and a 6.22 ace parcel from CC Conservation Commercial 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 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. 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 Local Law No. _ 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. 17 03/10/2003.WS 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 Zoning Law amendments. 3. 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 14th day of April, 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 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-m of General Municipal Law; and d. 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 Nay The Resolution is hereby duly declared adopted At this time 9:10 p.m. Councilman Bettina moved to go into Executive Session, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 9:39 p.m. with all Board members in attendance. There was no action taken at the Executive Session. Councilman Colsey moved to close the meeting, seconded by Supervisor Ruggiero and unanimously carried. The meeting adjourned at 9:40 p.m. d Gloria J. se Town Cle 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 TOWN CODE SECTION 240-20 REQUIRED STREET FRONTAGE & SECTION 217-12 PHASE II; PREPARATION OF PRELIMINAR Y PLA T AND CONSTRUCTION PLANS 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 February 21, 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 240-20 and Section 217-12 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 r GLORIA J. MORSE Town Clerk - Town of Wanbinizer Sworn to before me the day of/k(tt e L ,20 ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County 1 Commission Expires Feb. 28, 20 y 9290 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEAR- ING AMENDMENT OF THE TOWN ZONING CODE TOWN OF. WAPPINGER NOTICE IS HEREBY GIV- EN the Town Board of the Town of We will conduct a Public Hearing on the 10th day of March 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 OP portunity to be heard as to =the Town Board of the Town of Wappinger should amend and revise to Chapter 240, Zoning, and Chapter 217, Subdivision of Land, of the Town of Wap- pinger Town Code to 1) clarity the application of the minimum frontage require- ment 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 mini- mum width of fifty feet for its entire length and 2) limit to five years the time frame in which approval of a prelimi- nary plat can be extended. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action Is an Un- listed Actionpursuant to Article 8 of the Env(ronmen- tal Conservation Law, Part 617 NYCRR (commonly; known as SEORA") and Pursuant to Local Law No; 6` Of 1992 (the Town's environ- mental aualftv rav(aw in,.,, NOTICE that the Town Board has reserved Its right to make its Determination of Slgniflcance 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 draftproposed 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: February 10, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk 2891 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 24th. day of 2003 and thereafter, namely on: on the following dates And ending on the day of 2 03 both days inclusive. c Subscrib and sww rn to before me this day of4=-9�_, 200 blic My commission expires 'wb i i,ri rl lA.; ri�r'oa alb t._