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2002-03-11 RGMAGENDA WORKSHOP MEETING To: Town Board Attorney to Town of Wappinger Engineer to Town Media From: Joseph Ruggiero, Supervisor Re: Workshop Meeting March 11, 2002 PUBLIC HEARINGS All Angels Hill Rezone (GALS) 7:30 p.m. Escrow Law (fees) DISCUSSION/PRESENTATIONS: 1. Alamo 2. Peddlers & Hawkers Law — Zoning Administrator 3. Map, Plan and Report, Fleetwood- Engineer to Town 4. Wappinger Transmission Sewer Treatment Improvement Area Phase 3A Revised January 30, 2002. RESOLUTIONS R-2002-104 Adopt Local Law Rezone (GALS) R-2002-105 Adopt Local Law Escrow R-2002-106 Adopt Map, Plan and Report, Fleetwood R-2002-107 Award Bid 99-2R Contract #4 R-2002-102 Work Camp Resolution R-2002-108 Resolution, Georgianna Jenerose Salary Step. EXECUTIVE SESSION: Negotiations Joint/City Town Water Board. 03/11/2002.WS The Workshop Meeting of the Town of Wappinger was held on March 11, 2002 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 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 The Supervisor asked all to join in the Pledge of Allegiance to the Flag. Supervisor also asked for a moment of silence in memory of those who died on September 11, 2001. DISCUSSION/PRESENTATIONS Richard Henley, President of Alamo Ambulance Service gave a presentation on the services that Alamo provides. He explained that Alamo EMS is part of the Health Quest system and is the largest provider in the area which encompasses three hospitals; Vassar, Northern Dutchess and Putnam Hospital Center. They have been serving the Hudson Valley since 1966 and provide over 24,000 residents with superior pre -hospital and mobile medical care in Dutchess, Orange, Putnam and Ulster Counties. In 1996, Alamo became the only not for profit ambulance company in the northeastern United States to be accredited by the Commission on Accreditation of Ambulance Service. They serve a number of nursing homes and other facilities and would be happy to provide references. Mr. Healy then turned the floor over to Kevin Roth, Vice President of Alamo, who went on to explain that the fleet is comprised of twenty-five (25) vehicles including Advanced and Basic Life Support ambulances, Advanced Life Support First Response Units and ambulettes. They also have a Critical Care Transport Team trained through the University of Maryland which eliminates the necessity for nurses to accompany the patient during transport. Not only does Alamo provide preventive maintenance and repair on its own fleet, but they also have a Registered Repair Shop for emergency vehicles. Alamo has two Advanced Life Support units stationed in the Town 7 days a week, 24 hours a day and are available as stand by coverage at all serious fires and Town events attended by 1,000 or more persons, including community days. He also went over the response time criteria and billing system, explaining that the Town would be billed monthly for any unpaid 1 03/11/2002.WS portion of residents bills, and payments will be drawn from an interest bearing fund, not to exceed $75,000 per year. Any shortfall in the fund will be absorbed by Alamo while any excess will be retained by the Town. SUPERVISOR RUGGIERO wished to thank the representatives of Alamo for their presentation. NO ACTION TAKEN. The next presentation concerns the Hawking and Peddling Ordinance. Al Roberts Attorney to the Town explained that the three hot dog stands that are in town are not in compliance, with the possible exception of the one on the Airport property, and he is a Veteran. The Zoning Administrator informed the board that this issue came to her attention last summer when it was time to review some of the applications. During that review process it became obvious that none of the vendors were in compliance, and yet the licenses had been issued regularly for the past ten years. One vendor's license recently expired. She had come in for renewal and was confused that she was not in compliance. At that time the Zoning Administrator wrote a letter to the Town Board asking for some direction, and during the subsequent months did some research to see if there was an area in town that could meet all the requirements. There were none. Even if there were, there is still the one clause that states, "The Zoning Administrator has the right to reject an application if she feel there is a safety issue". This is a section of the Town Code that needs to be brought up to date to reflect the Town Board's wishes to address this issue and have the ordinance reflect that direction. Tanya has reviewed Section 175 and found that 5(B) of said section states that applicants are required to receive a Special Permit in accordance with Section 240, Zoning, prior to receiving the Hawking and Peddling license from the Town. Section 240-43 E Zoning states that Site Plan approval is required for all Special Use Permits. Mr. Roberts, Attorney to the Town read the sections of current law pertaining to Hawking & Peddling. Discussion followed ACTIONS TAKEN: Al Roberts, Attorney to Town to prepare a Local Law defining hours, safety, setbacks and other licensing criteria. JAY PAGGI, Engineer to the Town gave a short report on the Fleetwood II Water District. The Map, Plan and Report for Fleetwood II was submitted to the Board on February 19th. This was undertaken to provide service for residents along Osborne Hill Road that were not in the original Fleetwood Water District. The extended service area to be covered includes 24 potential users along Osborne Hill Road, including a restaurant and one large underdeveloped parcel with potential lots. The extended service area would also encompass the Sunset Farms Mobile Home Park which consists of 41 units located on Ketchamtown Road. The benefit units for the service area 2 03/11/2002.WS are estimated to be 80.3 B.U. The capital cost to construct the facilities to serve the new users is estimated to be $315,000. It is proposed to charge the new users a one time "buy in" fee of $117,000. This fee would pay the new users portion of the construction costs that were required to make the interconnection ($390,000). The yearly debt for a typical user is estimated to be $321 per B.U. The yearly O & M costs for a typical user would range around $50-55 per quarter. On the advice of Bond Council, the proposed Fleetwood II District would be an extension of the existing Fleetwood Water District rather than new District. Discussion followed. NO ACTION TAKEN. The last report from Mr. Paggi concerns the Wappinger Transmission Sewer Treatment Improvement Area Phase 3A. Mr. Paggi was authorized to revise the above Map Plan and Report to include the construction of the necessary piping to service the Alpine Rezone parcels. This was a direct result of the recission of Alpine rezone last year. Because of this, the leftover construction funds within the town's portion of the project are estimated to be $112,000. Mr. Paggi has been informed by Eustance and Horowitz that the funds remaining in their portion of the project are to be greater than $130,000. As a result, the $235,000 necessary costs to construct the additional pipes can be made within the original authorization of Phase 3A. With this in mind, Mr. Paggi is requesting the Board to authorize his firm to prepare the necessary Plans and Specification to go out to bid. SUPERVISOR RUGGIERO announced that we would do that at the next Board meeting. NO ACTION TAKEN RESOLUTION NO. 104 2002 ADOPT LOCAL LAW #5 OF 2002 AMENDMENT OF TOWN OF WAPPINGER ZONING MAP The following resolution was moved by COUNCILMAN VALDATI and seconded by Mr. Bettina. WHEREAS, an application known as GALS, Inc. Contractor's Storage Facility, for site development plan approval involving the outdoor storage of large contracting equipment was make to the Town of Wappinger Planning Board in 1999; and WHEREAS, the subject property is located on the west side of All Angels Hill Road approximately 1,300 feet south of the intersection with New Hackensack Road and is know as tax lot 6259-03-488062; and WHEREAS, the subject property is zoned GB General Business on its northern half and R-40 One -Family Residence to the south; and 3 03/11/2002.WS WHEREAS, properties north of the subject property and north to the Dutchess County Airport are zoned for and generally developed with commercial uses and to the south and east the area is zoned and developed or one -family residences; and WHEREAS, the impact of the permitted commercial use of the property upon the proper use and enjoyment of the adjacent and nearby residential properties was the primary issue of concern during the review of the application; and WHEREAS, the GALS, Inc. application was formally withdrawn by letter dated September 25, 2001; and WHEREAS, in response to concerns raised at meetings and pubic hearings before the Planning Board regarding the GALS, Inc. application, the Town Board referred this matter to the Town's Planning Consultant to conduct a review of the appropriateness of the existing GB zoning of the property; and WHEREAS, a review was conducted of the subject property and two immediately adjoining lots, known as tax lots 6259-03-453041 and 6259-03- 494036 (together the three properties shall be known as the "Subject Properties"), against the 1988 Town Comprehensive Plan; and WHEREAS, the review revealed a discrepancy between the property boundaries and the zoning district boundaries, resulting in each of the three Subject Properties being located in more than one zoning district: GB General Business and R-40 Residence; and WHEREAS, the review also revealed a conflict between the residential land use recommended in the 1988 Town Comprehensive Plan for the Subject Properties and the zoning district boundaries on the same properties; and WHEREAS, in addition to the Town's 1988 Comprehensive Plan, prior plans from 1962 and 1974 also recommended that each of the three subject lots be developed with single-family residential uses consistent with the R-40 Residence District; and WHEREAS, these "split -zoned" properties are particularly problematic because of the incompatibility of the permitted uses within each district, and WHEREAS, the 1988 Comprehensive Plan also specifically addresses the area in which the Subject Properties are located in terms of environmental constraints: The New Hackemack site is affected by a ravine, whose .stream and wooded slopes should be preserved as a natural buffer between businesses along New Hackensack Road and the residential areas to the south. Commercial sites south of the stream crossing on All Angels Hill Road should be prevented both Jrom creeping southward ana from further encroaching on this buffer. " (Page 20, Emphasis added) WHEREAS, while the 1988 Plan clearly states that commercial use should not be allowed to extend further southward and such expansion has 4 F� F� 03/11/2002.WS not occurred since the plan's adoption in 1988, such expansion was only narrowly avoided when the GALS, Inc. application was withdrawn, and WHEREAS, the Subject Properties have not been developed commercially and therefore can be rezoned without creating non -conforming uses or dimensionally non -conforming lots; and WHEREAS, rezoning the Subject Properties to be entirely within the R-40 Residence Zone would ensure consistency with, and implement the specific recommendations of the 1988 Town Comprehensive Plan and would acknowledge the single-family residential use of the Subject Properties and surrounding areas, and WHEREAS, the Town Board has determined that the Town of Wappinger Zoning Map requires updating and correction, and WHEREAS, the Town Board currently has before it for consideration the proposed amendment to the Town of Wappinger Zoning Map that would rezone approximately 3.8 acres area of land distributed between Subject Properties totaling approximately 9.01 acres in size, located on the west side of All Angels Hill Road approximately 1,300 feet south of the intersection with New Hackensack Road, from GB General Business to R- 40 Residence (the "Proposed Action"); and WHEREAS, the purpose of the rezoning from GB to R-40 is to bring the Subject Properties completely within the R-40 Residence District, to ensure consistency with, and implement the specific recommendations of the 1988 Town Comprehensive Plan and to acknowledge the single-family residential use of the Subject Properties and surrounding areas, and WHEREAS, the Town Board has determined that the Proposed Action is an unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, a public hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and WHEREAS, a public hearing was held on March 11, 2002 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law or any part thereof, and WHEREAS, it was later discovered that the tax identification number of one of the three affected properties, tax lot 6259-03-488062, was incorrectly identified as 6259-03-475065, and WHEREAS, the proposed local law has been corrected, and 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, the rezoning reflects 5 03/11/2002.WS the Town's 1988, 1974 and 1962 Comprehensive Plans, each of which recommend that the Subject Properties be developed residentially. Additionally, the 1988 Comprehensive Plan specifically addresses the area in which the Subject properties are located in terms of environmental constraints: The New Hackensack site is affected by a ravine, whose stream and wooded slopes should be preserved as a natural buffer bet\veen businesses along New Hackensack Road and the residential areas to the south. Commercial sites south of the stream crossing on All Angels Hill Road should he pwented both from creeping southward and from further encroaching on this buffer. " (Page 20, Emphasis added) Rezoning the Subject Properties to be entirely within the R-40 Residence Zone would ensure consistency with, and implement the specific recommendations of the 1988 Town Comprehensive Plan and would acknowledge the single-family residential use of the Subject Properties and surrounding areas. Moreover, as the Subject Properties have not been developed commercially, the Reasoning would not result in the creation of non -conforming uses or dimensionally con -conforming lots; thereby finding that a draft Environmental Impact Statement will not be required. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #5 of 2002; 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, is to remain in full force and effect. The question of adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor voting Aye ROBERT VALDATI, Councilman voting Aye VINCENT BETTINA, Councilman voting Aye JOSPEH PAOLONI, Councilman voting Aye CHRISTOPHER COLSEY, Councilman voting Aye The resolution is hereby duly declared adopted. COUNCILMAN BETTINA wished to have it go on record that he supported the rezoning based on the consultants, and he also wished to have it go on record for the people who are here tonight, that there are people in that area; Pine Bush Equipment, Alexander Equipment, Sun Up Construction and Albany Ladder, who were preexisting well before residents moved into the area, and they have rights if they wish to keep equipment, lease equipment, etc. He feels the board, in their master plan with the consultants, should take this into consideration and not diminish the rights of these people. SUPERVISOR RUGGIERO explained that it is not the intention of this Board to diminish the rights of property holders. You get vested rights with property. There is no zoning rights to undeveloped property. However when q 03/11/2002.WS the property becomes shovel ready, then that property owner has that right, be it residential or otherwise. In this case this property did go through the Planning Board process about a year and a half ago, and was approved. Our actions tonight would not only be wrong, but it would be illegal, because that person would have gained vested rights. This is not the case here. The other businesses that have been stated, clearly have vested rights because they are existing businesses with existing uses that predate Zoning. There is nothing that this Town Board can do that can take those rights from them. We had a piece of property that had the potential to be developed commercially, the project failed, and we saw the possible impact, and tonight we wish to address the remedy with the rezone. COUNCILMAN VALDATI stated that in the comprehensive master plan he and his colleagues recognized that this area needed to have that property taken into consideration. Now that this project has been removed, the residents from the town can count on town government to protect their rights and this is certainly an issue that required our action, that is why he is supporting this resolution. RESOLUTION NO. 105 2002 AUTHORIZE THE ADOPTION OF LOCAL LAW ENTITLED LOCAL LAW _ OF 2002 AMENDMENTS TO REIMBURSEMENT & PROFESSIONAL FEE PROCEDURES The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Paoloni WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law _ of the Year 2002 Amendments to Reimbursement and Professional Fee Procedures" For consideration of adoption by the Town Board; and WHEREAS a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and WHERAS, a Public Hearing was held on March 11, 2002 and all partied in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law _ of the Year 2002, Amendments to Reimbursement and Professional Fee Procedures", a copy of which is attached hereto and made a part of this Resolution; and 7 03/11/2002.WS BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 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 JOSPEH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The resolution is hereby duly declared adopted. RESOLUTION NO. 106 2002 RESOLUTION ACCEPTING THE MAP, PLAN & REPORT FOR THE FLEETWOOD II WATER DISTRICT The following Resolution was introduced by COUNCILMAN BETTINA and seconded by Mr. Colsey. WHEREAS, the Engineers to the Town of Wappinger, Paggi, Martin, & Del Bene; amended the original Map, Plan & Report for the Fleetwood II Water District dated July 2001 to include the Sunset Farms Mobile Home Park in the extended Fleetwood Water District service area. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the revised Map, Plan & Report for the Fleetwood II Water District dated February 2, 2002 as prepared by the Engineers to the Town of Wappinger, Paggi, Martin, & Del Bene. 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 Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 107 2002 RESOLUTION AWARDING CONTRACT 4 OF THE WAPPINGER WATER IMPROVEMENT AREA 1999-2 (R) The following Resolution was introduced by COUNCILMAN BETTINA and seconded by Mr. Paoloni. WHEREAS, the advertisements for bids for the Contract 4 of the Wappinger Improvement Area 1999-2 (R) was published in the Southern Dutchess News and Poughkeepsie Journal newspapers on February 6, 2002; and 03/11/2002.WS WHEREAS, bids were received and reviewed the Engineers to the Town, Paggi, Martin & Del Bene; and WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene, have provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Contract 99-2 (R) is hereby awarded to Layne Christensen, in the amount of $357,725.00, in accordance with the award recommendation dated March 5, 2002 from Joseph E. Paggi, Jr., Engineer to the Town, to the Town Board members; BE IT FURTHER RESOLVED that Supervisor Joseph Ruggiero is hereby authorized to execute said Contract on behalf of the Town. 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 Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 102 2002 RESOLUTION ENDORSING GROUP WORKCAMP OF DUTCHESS COUNTY The following Resolution was introduced by COUNCILMAN and seconded by Mr. Bettina WHEREAS, the Group Workcamp Foundation of Loveland, Colorado will be cosponsoring, along with the Hopewell Reform Church of Hopewell Junction, New York, a youth Workcamp in Dutchess County known as Group Workcamp of Dutchess County, during the period of July 21 through August 10, 2002; and WHEREAS, the Group Workcamp of Dutchess County will be undertaking minor repairs, interior and exterior painting, weatherizing, and constructing handicap facilities for the low-income, senior citizen, and handicapped families in the Town of Wappinger as well as in other municipalities in the southern section of Dutchess County; and WHEREAS, the Group Workcamp of Dutchess County will consist of approximately 500 youths between the ages of 12 and 19 along with over 100 adult supervisors camping out for the work period at the Van Wyck Junior High School in Fishkill Plains, New York; and WHEREAS, the funds for repairs, supplies, paint and equipment will be provided from the fees paid by the youths who participate in this endeavor as well as from donations contributed by local foundations, municipalities, businesses, churches and individuals; and �7 03/11/2002.WS WHEREAS, the Group Workcamp of Dutchess County and the Group Workcamp Foundation of Loveland, Colorado agree to hold the Town of Wappinger harmless from any loss, claim or lawsuit arising from personal injury, property damage or negligent acts caused by the Group Workcamp of Dutchess County youths and their adult leadership while working in or around the worksite residence. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. The Town Board hereby endorses the Group Workcamp Foundation of Loveland, Colorado and supports the Group Workcamp of Dutchess County in its endeavors within the Town of Wappinger in undertaking minor repairs, interior and exterior painting, weatherizing and constructing handicapped facilities for low income, senior citizen and handicapped families in the Town of Wappinger. The Town Board hereby authorizes its various departments and employees to assist the Group Workcamp of Dutchess County leadership in identifying appropriate worksites belonging to low income, senior citizen and handicapped families. The Town Board hereby waives Building Permit Fees only for qualified families whose homes and facilities will receive the above described minor repairs by the Group Workcamp of Dutchess County during the period of July 20, 2002 to August 10, 2002 provided that all project work sites plans are submitted to the Town of Wappinger Building Department for review prior to the start of the designated work week and, if necessary, appropriate Building Permits are issued. The Town Board hereby authorizes Group Workcamp of Dutchess County posters to be placed on the official Town bulletin board, at the Senior Center meeting room, and at Town recreation areas. This Resolution is adopted on the express condition that the Group Workcamp Foundation of Loveland, Colorado and Group Workcamp of Dutchess County will indemnify and hold harmless the Town from any action, claim or lawsuit arising from personal injury, property damage and/ or negligent acts caused by the Group Workcamp of Dutchess County or any of its participants, agents or employees, including their adult leadership, while performing services in the Town of Wappinger pursuant to this Resolution. 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 Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. 10 03/11/2002.WS RESOLUTION NO. 108 2002 RESOLUTION AUTHORIZING ADJUSTMENT TO CIVIL SERVICE STEP STATUS OF GEORGIANNA JENEROSE The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Colsey. WHEREAS, Georgianna Jenerose works as a Tax Collector/ Typist in the Town Office of the Receiver of Taxes; and WHEREAS, Georgianna Jenerose worked in that position for the Town from March 5, 1990 to August 1994 as a provisional employee; and WHEREAS, in October 1994, Georgianna Jenerose was rehired as a Tax Collector/ Typist and currently holds this position as a permanent employee; and WHEREAS, Georgianna Jenerose is currently at Step 7 in the Town of Wappinger salary study and the step plan indicates that Ms. Jenerose has seven (7) years of service with the Town; and WHEREAS, Georgianna Jenerose actually has nearly twelve (12) years of service with the Town. NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor Joseph Ruggiero and/ or Town Comptroller Jerry Terwilliger are hereby authorized to take whatever steps necessary to adjust Georgianna Jenerose's Step status from Step 7 to Step 9. 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 Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. At this time 9:20 p.m., COUNCILMAN BETTINA moved to go into Executive Session to discuss negotiations, seconded by Mr. Valdati and unanimously carried.. The meeting reconvened at 10: 29 p.m. with all board members present. There was no action taken at the Executive Session. COUNCILMAN PAOLONI moved to close the meeting, seconded by Mr. Colsey and unanimously carried. The meeting closed at 10:30 p.m. A loria J. o e Town Cl r 11 FEB -25 02 09:50 FROrl:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PH6t:b2 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 1'2231 Local Law Filing (Use this form to rile 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. *r County Qty of _ WA_ PPINGER Town �ilriage Local Law No. #5 _ of the year 20 02 i A local law entitled "Local Law Amending: Zoning Law and the Zoning Map (7nserl 711!0) of the Town of Wappinger for Properties Off All Angels Hill Road" Be it enacted by the TOWN BOARD of the (Name of Legislarive !Jody) of WAPPINGER _as follows: Town V41ft TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the some site as this sheet, and number each.) DOS -239 (Rev. 11/99) FEB -25 02 09:51 FROM:FP CLARK ASSOCIATES 914yb(bb15 iu:714 c7r �»r� ��u�.� (DRAFT) LOCAL LAW # #5 OF THE YEAR 2002 A Local Law entitled "Local Law Amending the Zoning Law and the Zoning Map of the Town of Wappinger for Properties off All Angels Hill Road". 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 Law and the Zoning Map of the Town of Wappinger for Properties off All Angels Hill Road". Section 2: Legislative Intent It has come to the attention of the Town Board that several properties in the southwestern quadrant formed by the intersection of All Angels Hill road and New Hackensack Road lie in more than one zoning district. The boundary between the R-40 and GB Districts appears to cut indiscriminately through three properties. These "split - zoned" properties are particularly problematic because of the incompatibility of the permitted uses within each district and the conflict created between the 1988 Town Comprehensive flan and the zoning district boundaries on the same properties. /accordingly, and based upon recommendations by Frederick P. Clark Associates, Inc., Planners to the "town, the proposed changes will rezone the split zoned parcels to be entirely within the R-40 residence district to ensure consistency with, and to implement the specific recommendations of, the 1988 Town Comprehensive Plan for this area. References are to sections of the Town of Wappinger Zoning Code. 2 FEB -25 02 09:51 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 29r 4558 Section 3: The properties in the following Table 1 and attached Figure 1 shall be rezoned as shown therein: Tr L.1.. 7 A o� Current Zoning New Zoning Approximate GB R-40 GB R-40 Tax 1D Size (Acres) (Acres) (Acres) (Acres) (Acres) 6259-03- 4.91 3.15 1.76 0 4.91 488062 _ 6259-03- 1.90 0.43 1.47 0 1.90 453041 6259-03- 2.20 0.22 ' 1.98 0 2.20 494036 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. 3 pnp�o�.cu.a.�....yv..�y.._ .....mss."'—" FEB -25 02 09:51 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 455e HAUE:bb 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. Itis 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. j:Wncs2\$0()\wappingcrXznnc umcndmcn0guIN lucullxw.Ikb.Juc.cv 2/21/02 L4 W (Complete the certification In the paragraph that applies to the filing or this local law and strike out that which Is not applicable.) 1. (final adoption by local legislative body only.) 1 hereby certify dint the local lav annexed hereto, designated as local lav No..-I� ............................ of 2Q02 of thc( awnA -,;� of --------- 1? 9 -- ------------- —---------- —_-------- was duly passed by the T _ BO_ _--_---_ onMARCH -IL.... 2C 02, in accordance with the applicabic provisions of law. Z (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chlef Executive OfrIcer'.) I hereby certify that the local lav annexed hereto, designated as local law No. ----------------------------------- of 20 oCthe (County)(City)(Town)(Villagc) of -------------------------------------------------------. was duly passed by tlic ----------------------- ----------------------- on -------- 2Q_-. and was (npprovcd)(not approvcd)(rcpasscd after (X.+., of L.tur riw daJr) disapproval) by the -------------------------- --------------- and was deemed duty adopted on ------------------ 20---, (£t.aiw Cnirf fs.c.nw CIrk".) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hercto, designated as Incl law No- ------ -------- —--- ------------- of 2Q---- oC the (County)(City)(Town)(YIIagc) of --------------------------------- —------ ------------------------ w.M duly passed by the ------------------------------------____-- on ---- ------------- 20--, and was (approved)(not approvcd)(rcpasscd after (.Ye-♦ of tdridadw so -('r) disapproval) by the -------------------------------- on------------------- 20•--- . Such local law was submitted (F.rtaiw o.Li.J f r.cr/,iw O ffic.r-) to the people by reason of a (ennndatory)(pe:missivc) refercndurn, and received the affirmative vote ora majority of the qualified electors voting thereon at the (gcncnl)(spccial)(annual) election held on ------------------ 20--- , in accordance with the appiicible provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby ecrtify that the local lav annexed hereto, designated as local lav No- --------- -- ---------------- --- of 20----- af the (County)(City)(Town)(VILIlage) of------------------------------:----------------------------- was duly passed by the ------------------------------------------------- on ---------- ------- 20•_ --anti was (approvcd)(not approvcd)(rcpasscd after lN.-.•JLtjirLdw daJr) disapproval) by the-------------------------------------------------- on ----------------- 2Q-- . Such local law was subject to (F.r.aiw C1i.1Fr0cv(iw offlc.r•) Permissive referendum and no valid petition requesting such referendum was filed as of------------------ 20.___ . in accordance with the applicable provisions of law. ' Elective Chief Executive Officer means or includes the chief executive officer or 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 or a town where such oMcer is vested with the po%rer to approve or veto local laws or ordinances. (6) I %W S. (CIty 1cca1 law concerning Charter revision proposal by petition.) I hereby certify that the local lav annexed hereto, designated as local law No. ---------------------------------- of 2a ----- a[ the City oC--- ----------------- ---------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal I•Tome Rule Law, and having received the affirmative vote of a majority oC the qualified elee:ors oCsueh city voting thereon at the (speei.iI)(genernl) election held on ------------------- 24.__, became operative. G. (Country meal Irate cnnccrtt(ng adnptlon or Charter.) hereby certify that the local -law annexed hereto, designatcd as local law No. ------- —--- --------------------- a 2Q--- theCounty oC._________^—----- — ---------- ----------- State of New York, having been submitted to the electors the Gcnc-.zI Tllcction oC November .------------------20.---. pursuant to slthdivisions 5 and ? oCscction 3� oCthc ,.tunicipal Home Rule Law, and having received the arlirmativc vote ora majority or the qualified electors of the cit- ies arsaid county as a unit and a majority oCthe qualified clecton aCtlie towns arsaid county considered as a unit voting at said general election, became operative. (If any outer authorized Carm oC final adaption Inas been rotI(twed, please provide an appropriate ccrdrication.) I CurthcrccrtiCy that I have compared the preceding locil law with the original on rile in this ncrcc and that the same is a correct transcript therefrom and of the whole oCsuch original local law, and wns rinally idoptcd in the manner in- dicated in pargraph____L____, above. / .0 //,-) Clerk or ttu Caukfp legialairve lmdv. Cly; Town or o(r,=r dcs1r.=tcd by torsd tcgislativc body GLORIA MORSE, TOWN CLERK 2002 Datc: (CertIrLcntlon to be executed by County Attorney, Corpor Won Counsel, Town Attar-ncy, VllIase Attorney or other authorized attorney of locality.) 7MTr: OF NE %V YO MK ;oven roc• Dut-rhpss I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken Cor the enactment oC the I ALBERT P. ROBERTS, ATTORNEY TO TOWN ciliHPK CFgX o f WAPPINGER — Town Dnic: 32 03/11/2002.PH A Public Hearing was held by the Town Board of the town of Wappinger on March 11, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Amending the Zoning Law and the Zoning Map of the Town of Wappinger for Properties off All Angels Hill Road. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). SUPERVISOR RUGGIERO introduced David Kvinga, Senior Associate with Frederick Clark, Planning Consultants to the Town who was filling in for Dan Wery. Mr. Kvinga, explained that this application is to change a split zone parcel for the property know as GALS. A portion of the property is located in GB, General Business and a portion is located in R-40, Residential Zoning District. This particular parcel was specifically recommended to be changed to a non conforming zone and not split zone in the 1998 Comprehensive :Plan which stated that commercial site south of the stream crossing All Angels Hill Road should be prevented from creeping southward and further encroaching on the buffer. In addition to the Planning grievance for making the property line coincide with zone boundaries, there are also environmental reasons, which include an existing ravine and some sensitive areas associated with that, which provides additional reason for the proposed Zone change and incorporating the whole parcel into a residential zone. SUPERVISOR RUGGIERO informed that board, that for the record, we received a letter from the secretary to the Planning Board that at the meeting of March 4th 2002 the board discussed the rezoning of the property on the west side of All Angels Hill Road, and the Chairman and majority of the Planning Board responded favorably and would like to relay their full recommendation and support to the Town Board for the adoption. SUPERVISOR RUGGIERO wished to know if there were any member of the public who wished to speak for or against the rezoning. Ray Alexander who owns property on New Hackensack Road is opposed to rezoning. He owns a commercial piece. COUNCILMAN RUGGIERO 03/11/2002.PH informed Mr. Alexander that he is grandfathered, and he has vested rights. Robert Zaccheo, Jr. Attorney, who was representing John Parsons owner of the parcel, presented a formal letter of protest against the rezoning of 32 All Angels Hill Road.. SUPERVISOR RUGGIERO informed Mr. Zaccheo that the Comprehensive Plan for the last 40 years falls to this piece to be residential, and we are trying to bring the Town Zoning Ordinance into compliance to the Towns Master Comprehensive Plan. When these issues were raised last year during the zoning & planning process, it became controversial and we looked at this. We discovered with the neighborhood that sits adjacent to this property we felt it would be more homogeneous to the area it this was residential, and that is the position that lie supports. Agnes Alderson of 4 Stonewall Drive was for the rezone. William Arnold of 17 Stonewall Drive supports the rezone. Joanne Hartwig 1 Glenbrook Court supports the rezone. She is worried about the noise and pollution to the wells. Anthony LoCicero of 11 Stonewall is in favor of the rezone for many of the same reasons as his neighbors. James Emanuel of 46 Lane Gate Road is in favor of the rezone. Paul Bucher of 27 Lane Gate was opposed to the rezoning. Frances Chyou of 6 Stonewall is in favor of the rezone. COUNCILMAN BETTINA originally thought he would go along with the rezoning. There has been heavy equipment stored at Alexander down to the screening plant that crushes gravel. These have been in place way before these houses were built. He feels for the people who live there. If we are going to go ahead and rezone this property he thinks its important that the board protect the rights of the other people that have industrial use, and not just commercial. They have vested rights also. SUPERVISOR RUGGIERO said the comments he has been hearing here tonight in this area, is not what is going on around them, but what could go on next to them. COUNCILMAN PAOLONI said that this zoning is a living document, and this; area had grown significantly than what was originally called for in the master plan. COUNCILMAN PAOLONI moved to close the Public Hearing. COUNCILMAN BETTINA made a motion to table to extend for 30 days for more comments. SUPERVISOR RUGGIERO moved to second Mr. Paoloni's motion to close the Public Hearing Roll Call Vote to close Public Hearing Vote Councilman Valdati Nay Councilman Bettina Nay Councilman Colsey Aye Councilman Paoloni Aye Supervisor Ruggiero Aye Motion Carried to close the Public Hearing 9 The Public Hearing closed at 8:55 p.m. Gloria J.o e Town Cle 03/11/2002.PH TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING THE ZONING LAW AND THE ZONING MAP OF THE TOWN OF WAPPINGER FOR PROPERTIES OFF ALL ANGELS HILL 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 February 22, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending the Zoning Law and the Zoning Map of the Town of Wappinger, for properties off All Angels Hill Road, on the signboard 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. a GLORIA J. M S] Town Clerk,/ Town of W pinger Sworn to before me the /,' day of /�� ,2002 �ll�,ROBEM Steb of New York NOTARY PUBLIC "Q ar !n Dutchess Counv Commission Expires Feb. 28, 20 Z SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12-590 ef�FlLciavj_t o>f Pt.abljL<--a-tj-C> TO: WAPPINGERS FALLS, TOWN p . O . BOX 324 WAPPINGERS FALLS, N`1' 12590 Re' Legal clot ice. #51259 State of NEW YORK } Ct:Wnty of DUTCHESS } I, JOAN MILLER, being duly savor 1-1 , depose and say: that I am the BOOKKEEPER of Southern Dut.c:hess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, C,ot.irlt.y of DUTCHESS, State of NEW YORK; and that a notice, of whicf-1 the annexed is a pr111t.F=d copy, was duly published in Southern Dutche.ws News once on 02/27/02. 5taorn to bepriue, his 27th day of February, 2002 ALBERT 4I (&f y P u b l i 0 NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN BUTCIIESS COUNTY # 14.8240760 COMMISSION EXPIRES JUN 15 2003 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ?•,' ZONING MAP: TOWN. OFWAPPINGER , NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct'a Public Hearing on the 11th day of March 2002, at 7:30 PM at the Town; Hall, 20 •Middlebush Road, Wappinger, NewYork, at which time, all parties in Interest and citi- zens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend and revise the Town Zoning Map with respect to three properties affected, identified as tax grid num- bers 6259.03.453041, 6259.03- 494036, 6259.03.488062, totaling t 9.01 Acres in area and located on the west side of All Angels Hill Road ap- proximately 1,300 feet south of New Hackensack'Road in the Town of Wappinger, which are currently split - zoned R-40 Residence/ GS General Business.`,, , 'i,,, . PLEASE^TAKE FURTHER NOTICE that the proposed rezoning of the three properties would place them entirely within the R-40 Residence Zona and would ensure consistency with, and implement the specific rec- ommendations of the 1988 Town Comprehensive Plan as well as ac- knowledge the single-family residen- tial use of the,three properties and surrounding areas. PLEASE TAKE FURTHER NOTICE that the Town Board has reversed its right to make its Determination of Significance pursuant to SEOR until the conclusion of the Public Hearing 10 be held on the adoption of the pro- posed amendments.' PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for re- view and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. Dated: February 25, 2002 '< BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA MORSE, TOWN CLERK 03/11/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on March 11, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending Section 240-110 Fees, of the Zoning Law of the Town of Wappinger. Supervisor Ruggiero opened the meeting at 8:56 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). SUPERVISOR R.UGGIERO wished to know if there were any questions or comments from the audience. There were none. COUNCILMAN BETTINA moved to close the Public Hearing seconded by Mr. Paoloni and unanimously carried. The Public Hearing closed at 8:57 p.m. f s Gloria J.' orse Town Clerk 4 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING THE ZONING LAW AND THE ZONING MAP OF THE TOWN OF WAPPINGER FOR PROPERTIES OFF ALL ANGELS HILL 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 February 22, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending the Zoning Law and the Zoning Map of the Town of Wappinger, for properties off All Angels Hill Road, on the signboard 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. Sworn to before me the A' day of �� ,2002 NOTARY PUBLIC GLORIA J.�OIO SI Town Clerk Town of W pinger A NT R ROBERTS Quat redd In �State of New York In D Dutchess County Commission Expires Feb. 28, 20 0` �' 1 SOU THE :RN cru-rCHESS NEWS BEA( -ON FREE PRESS 84 EAST MAIN STREET WAPPI:NGERS FALLS, NY 12590 IAf-FiC1 %-ei-It C). -F F, LA b1j-4--- �_-t3-C n To: [NIAPPINGERS FAI..LS, TOIltl P.O. BOX 324 WAPPINh,ERS FALLS, NY 125',)0 Re: Legal 1lot.ice• #51259 ,State o'F NEW YORK } s (;.(-)Lll)ty Of D(.JTi_-HESS } I , JOAN MILLER, be i l -Ig (JE.11.Y swc-fY- r -I , clepc) e incl say: that I am t.l,1e BOOKKEEPER of SOIthel-n Dut.c:I-)ess News, a weekly newspaper of general C:irculat.ic)n published in WAPPINGERS FALLS, Cc>1.1rlty of IiUTCHESS, State of NEW YORK; and t. hat a notic:E. , of which t,l-re anl-l"ed is a prirltecl c-:opy, was cluly published in Sol-ethern DUtc'I'1e: 1'`1ews Once ole viorn to bef, 1- Ile this 27th day of February, 2001 i ALBERT kbb� y Publ i c: NOTARY PUBLIC, STME OF NEW YORK QUALIFIED IN D1ITCHESS COUNTY # 14-8240760 CUMMISSION EXPIRES JUN 15 2003 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ZONING MAP TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct'a Public Hearing on the 11 th day of March 2002, at 7:30 PM at the Town Hall, 20 •Middlebush Road, Wappinger, NewYork, at which time, all parties in interest and citi- zens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend and revise the Town Zoning Map with respect to three properties affected, identified as tax grid num- bers 6259-03.453041, 6259.03- 494036, 6259-03.488062, totaling* 9.01 acres in area and located on the west side of All Angels Hill Road ap- proximately 1,300 feet south of New Hackensack Road in the Town of Wappinger, which are currently split - zoned R-40 Residence/ GB General Business.' PLEASE TAKE FURTHER NOTICE that the proposed rezoning of the three properties would place them entirely within the R-40 Residence Zone and would ensure consistency with, and implement the specific rec- ommendations of the 1988 Town Comprehensive Plan as well as ac- knowledge the single-family residen- tial use of the three properties and surrounding areas. PLEASE TAKE FURTHER NOTICE that theTown Board has reversed its right to make its Determination of Significance pursuant to SEOR until the conclusion of the Public Hearing to be held on the adoption of the pro- posed amendments.' PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for re- view and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. Dated: February 25, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA MORSE, TOWN CLERK 0290 Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDNIT OF PUBLICATION NOTICE OF PUBLIC HEAR- '* 1NG AMENDMENT OF THE ZONING MAP TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the 'Town of Wappinger will conduct a Public Hearing on the 11th day of march 2002, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wap- pinger, New York at which time, all parties; In Interest and citlzens shell ha4'an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend and revise the Town Zoning Map with respect to three properties affected, identified as tax grid , -numbers 625'9-03,-453041 6259-03-4940.36', 6259.03.488062, totaling +/- 9.01 acres in area and located on the west side of All Angels Hill Road approxi- mately 1,300 feet;south'of, new; Hackensack ",Road; in, the'' Town of Wappiogsr;, which are currently, spplit.:, zoned R-40 Residence/GB General Business. PLEASE TAKE FURTHER NOTICE that the proposed rezoning of the three proper- ties would place them entire. ly within the R-40 Residence Zone and would ensure consistency with, and imple- ment the specific recom- mendations of the 1988 Town Comprehensive Plan as well as acknowledge the single-family residential use of the three properties and surrounding areas. PLEASE TAKE FURTHER NOTICE . that the Town Board has reserved its right to make its Determination of Siggnificance pursuant ',to SEOR 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 -61 the Town Clerk on weekdays from 8:30 AM to 4:00 PM, DATED: February 27, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF.� WAPPINGEA Gloria Morse Town Clerk 6994 j 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 NOTICF,was duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 2nd. day of 2002- and on the following dates thereafter, namely on: And ending on the--- day of 20 2 ,both days inclusive. Subscri d sworn before me this v' day o Z,'2002 Notary Public My commission expires cJ