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2001-09-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER SEPTEMBER 24, 2001 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG REPORTS OF OFFICERS: Receiver of Taxes, (July) Sup/Compt, Bldg. Insp., Zng. Administrator, Assessor, Justice Court. 4. Accept Minutes Town Board Meeting, August 23, 2001 5. PETITIONS & COMMUNITCATIONS a. Letter of resignation from William Gallinger, Recreation maintenance, effective, August 23, 2001 b. Notification of intent to renew a liquor license from Stephano's Ristorante 41 Middlebush Road. C. Request for return of escrow (1) O'Donnell Bldrs, 12 Carmel Heights $3,500, seeding, driveway & swale (2) Ultra Craft Homes, 35 Kent Road, Lot #2, $2,500, driveway & swale (3) Mr. & Mrs. Pansy 35 Kent Road Lot #2, $1,000, seeding (4) Robert Oswald 179 Robinson Lane $6,000, driveway & swale. d. Graham Foster, Highway Superintendent re: (1) Edward Rubeo 13 Doyle Drive re: illegal easement dumping. (2) Weidner, 21 Shale Drive re: culvert (3) Pick-up Truck bids. e. Mr. & Mrs. Fusco 27 Doyle Drive complaint re: clogged drainage easement. f. Al Roberts, Attorney to Town (1) Opinion letter on proposed resolution supporting Group Workcamp of DC. (2) Andlyn Associates re: Hilltop Business Park documents. g. Jay Paggi, Engineer to Town reports: (1) 9/12/01 Castlepoint Recreation site. (2) 9/12/01 Water/Sewer service to tax parcel 19-8158-04-894014 (3) CWWIA Storage Tank Rehabilitation (4) 9/12/01 Cider Mill Loop Storage Facility. h. Patricia Mancuso, 85 Scott Drive re: cars speeding in neighborhood. i. Gerald Terwilliger, Comptroller requests Budget transfers and temporary transfer of funds from B fund. j. Approve revised agreement with Public Finance Associates & authorize Supervisor to sign. 6. COMMITTEE REPORTS 7. BONDS & LETERS OF CREDIT Zoning Administrator Report RESOLUTIONS a. Approve revised adjusted Base Proportions for T/W and Town outside village. b. Adopt Resolution placing proposition to increase Town budgetary allowance for Grinnell Library Association on Public Ballot. C. D. Brown, W/S Billing clerk request relevy of unpaid Water & Sewer accounts. d. Re -Introduce Resolution for Recission of Alpine and set Public Hearing e. Adopt Local Law Amending Zoning Law, Building Code & Subdivision Code of T/W f. Adopt proposed Amendments Town Comprehensive Plan. 9. UNFINISHED BUSINESS a. Appoint Assessor 10. NEW BUSINESS 11. ADJOURMENT REMINDER: PUBLIC HEARING 7:15 AMENDING ZONING LAW PUBLIC HEARING 7:25 AMENDING T/COMPREHESIVE PLAN _. 09/24/2001.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on September 24, 2001, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 7:30 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Paoloni, Councilman Gloria J. Morse Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Joseph Ruggiero, Councilman It was so noted that Mr. Bettina had an emergency at his home and was not sure if he would make tonight's meeting. The Supervisor requested all to join in the Pledge of Allegiance to the Flag. REPORTS OF OFFICERS Reports for the month of August were received from the Town Justices, Assessor, Supervisor/Comptroller, Building Inspector, Receiver of Taxes (July) and Zoning Administrator. COUNCILMAN PAOLONI moved to accept the reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried At this time the Town Clerk presented the Supervisor's Tentative Budget for the year 2002 to the Board Members. Supervisor Smith explained that this is the Supervisor's Tentative Budget and is not public knowledge. She is very disappointed with the outcome of the Budget. Supervisor Smith informed the Board that she and the Comptroller prepared the Budget with and without the Grinnell Library. The Town would be $1.59 in the A Fund, up from $1.08 and $3.88 in the B Fund, up from $2.55. The Village would go from $2.24 and with the Library would be $3.26 and without the Library would be $2.56. The Non -Homestead with the library would be $7.86 per thousand and without the library would be $7.46 per thousand, up from $5.25. The budget meetings are set for every Wednesday, starting October 17th. MINUTES The Minutes of the Town Board Meeting of August 23, 2001, having previously been forwarded to the Board Members, was now placed before them for their consideration. 1 09/24/2001.RGM COUNCILMAN VALDATI moved that the above stated Minutes as presented by the Town Clerk, be and they are hereby approved. Seconded by Mr. Paoloni Motion Unanimously Carried PETITIONS & COMMUNICATIONS A letter of resignation was received from William Gallinger, of Recreation, maintenance, effective August 23, 2001. COUNCILMAN VALADATI moved to accept Mr. Gallinger's resignation and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Notification of intent to renew their liquor license was received from Stephano's Ristorante, 41 Middlebush Road. COUNCILMAN VALDATI moved to accept the notification and place it on file without comment. Seconded by Mr. Paoloni Motion Unanimously Carried Next are several requests for the return of escrow. The first is a request from O'Donnell Builders 12 Carmel Heights $3,500, seeding, driveway and swale. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $3,500 to O'Donnell Builders, based on the recommendation of the Deputy Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried A request for return of escrow from Herczeg Subdivision Kent Road Lot 2 a/k/a 35 Kent Road $2,500, driveway, swale. COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $2,500, based on the recommendation of the Highway Superintendent. Seconded by Mr. Paoloni Motion Unanimously Carried A request for return of escrow from Mr. & Mrs. Pansy, 35 Kent Road, $1,000, for seeding. COUNCILMAN PALONI moved to authorize the return of escrow in the amount of $1,000, based on the recommendation of the Building Inspector. Seconded by Mr. Valdati Motion Unanimously Carried A request for return of escrow from Robert Oswald, 179 Robinson Lane, $6,000 for driveway and swale. 2 09/24/2001.RGM COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $6,000, based on the recommendation of the Highway Superintendent. Seconded by Mr. Paoloni Motion Unanimously Carried Graham Foster correspondence to Edward Rubeo, 13 Doyle Drive, informing Mr. Rubeo that someone is dumping yard waste and brush in the town easement on his and his neighbors property. It is against the law and subject to a $500 fine if anyone is convicted to dumping in the easement. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Graham Foster in regard to a letter he received from Jane Weidner of 21 Shale Drive informing him of the ongoing problem in front of her home. At the end of the driveway blacktop covering, the culvert pipe is cracked and crumbling and 2 feet is exposed. The culvert pipe appears to be decayed and sinking. Water settles at the end of the driveway, and the situation becomes perilous in the winter due to thick ice forming around the mailbox. Mr. Foster visited the site and on his original visit to the site, the culvert was not visible and was not sure what the problem was. CAMO checked for a water leak and found nothing. It now appears that the resident has an old galvanized driveway culvert, which is no longer used, appears to be badly rusted and blocks at both ends. The problem may be compounded by the possibility of the roof drains being piped to this culvert. The culvert should be removed, the driveway re -based and blacktopped. If the drains are piped into the driveway culvert, they should be redirected into the town storm system. Mr. Foster does not feel this is the town's responsibility, but it's up to the board, because it is on town property. Discussion followed. COUNCILMAN PAOLONI moved to authorize the Engineer to the Town to provide a desk top study as to cost, and take to workshop. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Foster submitted bids for the pick up truck for the Highway Department. The following Bids were received and opened on September 6, 2001. 1. Freedom Ford $54,664.00 2. Poughkeepsie Chevrolet $46,496.00 3. Audia Motor Sales, Inc. $48,852.00 3 09/24/2001.RGM 4. Healey Brothers Chevrolet $49,260.00 Mr. Foster recommends the bid be awarded to Poughkeepsie Chevrolet for $46,496.00 they being the lowest bid. COUNCILMAN VALDATI moved to award the bid for the pick-up truck for the Highway Department to Poughkeepsie Chevrolet for $46,496.00, they being the lowest bid. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence received by the Highway Department from Mr. & Mrs. Fusco of 27 Doyle Drive, siting its legal responsibility for the upkeep of the town drainage easement that runs along their property. They have received numerous reassurances and promises, yet no action has been taken. The Fusco's feel they have been very patient, understanding and cooperative. Winter is approaching, and they cannot live with the fear of ground erosion and flooding on their property and home because the drainage easement is clogged. Discussion followed. COUNCILMAN PAOLONI moved to refer to Attorney to the Town, Al Roberts for opinion and authorize Supervisor Smith to send letter to residents along easement notifying, "no yard waste in easements." Seconded by Mr. Valdati Motion Unanimously Carried At the July meeting, Al Roberts, Attorney to the Town was authorized to comment on the proposed resolution supporting Group Workcamp of Dutchess County. The Resolution requires that the Town: • Support the Group Workcamp in its endeavors; • Encourage its various departments and employees to assist the Group Workcamp leadership in identifying appropriate work sites; • Waive requirements for Building Permits and fees provided a plan submitted to the Building Department for review; and • Permit Group Workcamp to display posters and distribute program material within town facilities. The program appears to be well intentioned, i.e. making repairs for low income, senior citizen or handicap families. The Town's primary exposure would be in waiving all requirements for Building Permits and fees. Under no circumstances can he recommend that the Town waive requirements for Building Permits. Installation of handicap facilities would have to comply with the Building code. The Town could waive fees in appropriate circumstances however, criteria should be established for the waiver of fees. Most cosmetic changes, such as painting would not require Building Permits. While the Town is to be named as a co-insurer under Group Workcamp parent foundation's insurance policy, the amount of such insurance has yet to 11 09/24/2001.RGM be disclosed. He would not want to make a final decision on this proposal until the details of the insurance information are supplied to the Town . With this in mind, Mr. Roberts feels that more information would be required from Group Workcamp before the town could support this project COUNCILMAN VALDATI moved to take to a workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried Attorney to the Town, Al Roberts has advised the Board that he is in receipt of the following original documents in connection with the Andlyn Associates Hilltop Business Park. The original documents are being submitted herewith to the Town Clerk, Gloria Morse, except for the original Irrevocable Offer of Dedication and the Drainage Easement through Lot 7. The original Irrevocable Offer of Dedication is being forwarded to Tatiana Lukianoff for delivery to the developer for recording simultaneously with the Subdivision Plat. The Drainage Easement through Lot 7 is being returned to Mr. Comatos for notarization. Upon acceptance of the easements, the Town Clerk is to deliver the easements to Tatiana Lukianoff for delivery to the developer for recording simultaneously with the Subdivision Plat. The original Deed for the road bed is to be retained by Gloria Morse until such time as the Town Board accepts the road, which will be after the build -out of the subdivision. COUCILMAN VALDATI moved to authorize the acceptance of the easements based on the recommendation of Mr. Roberts. (5) Two drainage, two sites and one snow. Seconded by Mr. Paoloni Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns the Castlepoint Recreation site. Mr. Paggi was in receipt of Daniel O'Connor's letter dated September 61h, 2001 in which the parameters of iron, manganese, lead and turbidity were exceeded for the August sampling for the above referenced public water supply. It is recommended that sampling be done as soon as possible for these specific items to determine if a pattern is being established. Mr. Paggi has reviewed the sampling results performed previously and find that each previous sample was within acceptable limits, except for iron and manganese, which are commonly found in bedrock groundwater wells in this area. Mr. Paggi recommends that the sampling be done and have the reports submitted to the Dutchess County Health Department as soon as possible. 5 09/24/2001.RGM COUNCILMAN VALDATI moved to authorize CAMO to take samples of water and submit reports to the Dutchess County Health Department. Seconded by Mr. Paoloni Motion Unanimously Carried Mr. Paggi was authorized to research a request made by Richard Barger concerning the availability of sewer and water service to tax parcel 19-8158- 04-894014. 1. The parcel is within Phase 1 of the Wappinger Sewer Transmission/Treatment Improvement Areas, and therefor, capable of sewer service between 1 and 9 lots. 2. The parcel is not within any municipal water district, therefore, it is not capable of tying into any municipal water system. 3. All other requirements of the Zoning Ordinance and subdivision Regulation of the Town of Wappinger must be adhered to in order to subdivide the same parcel into 8-9 lots COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried The last report concerns the CWWIA Storage Tank Rehabilitation. Mr. Paggi is in receipt of a September 6th memo from Michael Tremper of CAMO Pollution stating that the existing tank will be out of service for approximately 30 days for rehabilitation work. Please be advised that the tank will be out of service for approximately seventy days (70) not 30 days. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence was received from Patricia Mancuso of 85 Scott Drive, in regard to the cars speeding in the neighborhood. Mrs. Mancuso had recently been in a neighborhood that had been experiencing the same problem and the town cut into the blacktop 3 rumble strips every 15 feet down the road. These rumble strips make the cars slow down and has made the area much safer for children to play. Mr. Foster explained that this might have been done in a community that does not experience ice and snow. The water would just sit in the strips creating other problems. COUNCILMAN VALDATI moved to authorize Supervisor Smith send a letter to Mrs. Mancuso explaining why rumble strips not feasible. 0 Seconded by Mr. Paoloni 09/24/2001.RGM Motion Unanimously Carried Next are several requests Gerald Terwilliger, Comptroller. The first is a request for $50,000 be transferred from the B Fund to the Wappinger Sewer Improvement Area Phase 3B on a temporary basis to cover bills for preliminary Engineering costs, etc., until financing for project is put into place. COUNCILMAN PAOLONI moved to authorize the transfer of funds as requested by Mr. Terwilliger. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Terwilliger also requests the following Budget Amendments/Transfers: 1. General Fund -Transfer Increase A1430.400A Personnel/ C.E $ 1,200.00* A1410,200A Town Clerk -Equipment 20,000.00** Decrease A1990.400 Contingent Account 21,200.00 2. General Fund — Amendment Increase A9950.900 Transfer to Capital Project $105,000.00 Increase A599 Appro. Fund Balance 105,000.00 To cover Architectural and construction costs for Canopy on Town Hall. Contracts awarded by town Board 5/14/01 for construction $89,500.00. * To cover cost of salary study -remaining portion not covered by original study by AMTEK approved by Town Board 3/21/01. ** Computer hardware and software for Town Clerks Office, authorized by Town Board 5/29/01. COUNCILMAN PAOLONI moved to authorize the above Budget Amendment/Transfers as requested by Mr. Terwilliger. Seconded by Mr. Valdati Motion Unanimously Carried Next is to approve the revised agreement with Public Finance Associates and authorize the Supervisor to Sign. COUNCILMAN VALDATI moved to approve the agreement with Public Finance Associates and authorize the Supervisor to sign. Seconded by Mr. Paoloni Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time COUNCILMAN VALDATI had no reports at this time. SUPERVISOR SMITH announced that there were two things that the Board should be made aware of. One is the discussion on the Tri -Muni odor 7 09/24/2001.RGM problem, and the other is Clarifier repair which is going to cost $20,000- $22,000 for option I or $75,000 for option II. It depends on which option is chosen; replacement or removal. At this point she does not know which one will be chosen. BONDS & LETTERS OF CREDIT A report was submitted from the Zoning Administrators office for the month of August on the schedule of Bonds and Letters of Credit on various subdivisions, the amounts, expiration dates and call up dates. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried RESOLUTIONS Next is to accept the revised adjusted base proportions for the town of Wappinger and the Town outside the Village. Linda Tasadfoy, Assessor informed the Town Board that after the State received the final copy, they realized that the program, they had sent to her had a glitch in it. These new numbers under line ® will be the numbers used for apportioning Homestead and Non -Homestead in the tax levy. COUNCILMAN VALDATI moved to accept the revised adjusted base proportions for the Town of Wappinger and the Town outside the Village Seconded by Mr. Paoloni Motion Unanimously Carried The following Resolution was moved by COUNCILMAN VALDATI and seconded by Councilman Paoloni. RESOLUTION PLACING PROPOSITION TO INCREASE TOWN BUDGETARY ALLOWANCE FOR GRINNELL LIBRARY ASSOCIATION ON PUBLIC BALLOT WHEREAS, pursuant to Section 259 of the Education Law, the Town Board received a Petition containing 1,108 signatures of qualified voters of the town of Wappinger requesting that a proposition be placed on the ballot at the next general election of the Town proposing to increase the Town budgetary allowance for Grinnell library association by the sum of $214,874; and WHEREAS, the Town supervisor verified the authenticity of the 1,108 signatures as qualified voters of the Town. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby acknowledges receipt of a petition pursuant to Section 259 of the Education Law requesting that a proposition be placed on the ballot at the next general election of the Town proposing to 09/24/2001.RGM increase the budgetary allowance for Grinnell Library Association by $214,874 to the sum of $314,874 annually. 3. The Town Board hereby declares the validity of the Petition and hereby determines that the proposition to increase the Town's budgetary allowance for Grinnell Library Association shall be placed on the ballot for November 6, 2001 election. 4. The Town Board of the Town of Wappinger hereby determines that the proposition shall read "Shall the annual contribution of the Town of Wappinger for the operating budget of Grinnell Library Association be increased by $214,874 to the sum of $314,874 annually?" 5. The Town Board of the Town of Wappinger hereby directs the Town Clerk to transmit a certified copy of this Resolution together with a copy of the Petition to the Dutchess County Board of Elections by October 1, 2001. The question of adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero voting Aye voting Aye Absent Absent Joseph Paoloni voting Aye This Resolution is hereby duly adopted A request from Debra Brown, W/S billing clerk for relevy of unpaid Water and Sewer account. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption. RESOLVED, that all delinquent water and sewer bills in arrears as of November 16, 2001 in Ardmore Water, Central Wappinger Water, Fleetwood Water, Myers Corners II Water, North Wappinger Water, Oakwood Water, Tall Trees Water, Wappinger Park Homes Water, Watch Hill Water, Fleetwood Sewer, Mid Point Sewer, Rockingham Farms Sewer, Wappinger Sewer Improvement #1, Watch Hill Sewer, and Wildwood Sewer in the Town of Wappinger will be forwarded to the County of Dutchess to be placed on the Tax Rolls of 2002. A list of all delinquent charges will be forwarded to the County on November 20, 2001. Seconded by Mr. Paoloni Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI and seconded by Mr. Paoloni. 9 09/24/2001.RGM INTRODUCTORY RESOLUTION RESCISSION OF ALPINE REZONING WHEREAS, UPON APPLICATION OF THE Alpine Company of Poughkeepsie (hereinafter referred to as "Alpine"), the Town Board rezoned certain properties identified on Schedule 1 attached hereto from R-20 1 Family Residence District" to "SC -Shopping Center District" by the adoption of Local Law #1 of the Year 1999 adopted January 25, 1999; and WHEREAS, as an inducement to the Town Board to rezone the properties identified in Schedule 1, Alpine had agreed to certain conditions and to undertake certain work to State and County roads, construct various improvements and otherwise restrict the development of the subject parcels, which conditions and work were specifically described in a Contract executed by the Town and Alpine on the 26th day of January, 1999; and WHEREAS, Local Law #1 of 1999 was adopted provided Alpine complied with a aforementioned conditions set forth in the aforementioned contract dated January 26, 1999, which conditions were also incorporated into a formal Declaration of Covenants and Restrictions which was recorded in the Dutchess County Clerk's Office on the 15th day of April, 1999, encumbering the premises described in Schedulel; and WHEREAS, the Town Board referred the proposed conditional re -zoning to the Planning Board of the Town of Wappinger for its review and recommendation, and the Planning Board recommended that all of the parcels listed on Schedule 1 be re -zoned to "SC -SHOPPING CENTER DISTRICT", that all of the parcels be consolidated and developed as an expansion of the existing Shopping Center to the immediate North; and WHEREAS, the Town Board has been advised by the owners of two of the parcels identified in Schedule 1, Ernesto and Concetta Olivieri, owners of 205 and 207 Old Hopewell Road, said parcels bearing tax grid number 6157- 02645586 and 6157-02-668575, that their contractual relationship with Alpine has expired and they no longer intend to transfer title to said premises to Alpine; and WHEREAS, the parcels rezoned were to be part of an expansion of the existing Alpine Common Shopping Center located to the immediate north and adjacent to the parcels rezoned; and WHEREAS, Alpine has not made application to the Planning Board of the Town of Wappinger for site development plan approval for the rezoned parcels, nor has it been able to fulfil any of the conditions of the rezoning as set forth in the Agreement between the Town and Alpine dated January 26, 1999 or as set forth in the Declaration of Covenants and restrictions dated 10 09/24/2001.RGM December 15, 1998 recorded in the Office of the Dutchess Clerk on April 15, 1999; and WHEREAS, the Town Board has determined that in view of the representations made by Ernesto and Concetta Olivieri, that Alpine will be unable to develop the rezoned parcels consistent with the Contract or Declaration, that the rezoning of the parcels identified in Schedule 1 would no longer be consistent with the orderly development of the commercial/retail sector along Route 9 in the Town, and unless all of those parcels listed in Schedule 1 are consolidated and developed in conjunction with the Shopping Center to the immediate North, the re -zoning would no longer be in the best interests of the orderly growth and development of the Town; and WHEREAS, the Town Board has determined that it is in the best interests of the Town of Wappinger to rescind certain portions of Local Law #1 of 1999 as incorporated into the code of the Town of Wappinger; and WHEREAS, the Town Board has determined that premises previously owned by Nancy Meddaugh located at 221 Old Hopewell road identified in the Town of Wappinger Tax Map as Tax Grid Number 6157-02-740554 has been transferred to Egidio and Patricia Versea; and WHEREAS, the Town Board had previously scheduled this matter for Public Hearing on July 2001 and at the public meeting adjourned the Public Hearing to September 10, 2001, however, the Town Board did not reconvene the Public Hearing on September 10, 2001; and WHEREAS, the Town Board has determined that in the best interest of the people of the Town of Wappinger to reschedule a new Public Hearing for October 22, 2001 at 7:30 p.m. and to direct the Town Clerk to post and publish a new Notice of Public Hearing together with correctly identifying Egidio and Patricia Versea as the last known owners of 221 Old Hopewell Road, Wappingers Falls, New York. NOW, THEREFORE, be it resolved as follows: 1. The Town Board hereby incorporates the above recitations as if fully set forth at length herein. 2. The Town Board hereby introduces for consideration of adoption proposed Local Law #_ of the Year 2001, amending the Code of the Town of Wappinger. 3. The Town Board has reviewed the intended action an hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in NYCRR 1.5 and 117.5 of the Code of the Town of Wappinger,, and accordingly, the Town Board hereby expressly determines that his action is not an action that requires review pursuant to the provisions of 11 09/24/2001.RGM the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the code of the town of Wappinger or pursuant to 6NYCRR 617. The Town Board notes that it made a Negative Determination of Significance prior to the adoption of Local Law #1 of 1999 (the Conditional Rezoning). Since Alpine has not been able to fulfill and/or comply with the conditions, the Rezoning is not effectuated and, accordingly, there are no environmental effects associated with the rescission of the rezoning. 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 General Municipal Law; and c. To distribute a copy of the 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 question of the adoption of the foregoing resolution was duly put to a roll call vote which resulted as follows: CONSTANCE O. SMITH voting Aye ROBERT L. VALDATI voting Aye VINCENT BETTINA voting Absent JOSEPH PAOLONI voting Aye JOSPEH RUGGIERO voting Absent The resolution is hereby duly declared adopted. A Public Hearing having been held on a proposed Local Law Amending the Zoning Law, Building Code & Subdivision Code, that matter of its adoption was now placed before the board . COUNCILMAN VALDATI moved to declare a negative declaration. Seconded by Mr. Paoloni Motion Unanimously Carried The following Resolution was off offered by COUNCILMAN PAOLONI who moved its adoption and seconded by Mr. Valdati. LOCAL LAW #5 AMENDING THE ZONING LAW, BUILDING CODE AND SUBDIVISION CODE OF THE TOWN OF WAPPINGER 12 09/24/2001.RGM (see attached sheets) A Public Hearing having been held on adoption of the Resolution of introduction for preparation of proposed Amendments to the Town of Wappinger Comprehensive Plan, the matter of its adoption was now placed before the Board. COUNCILMAN PAOLONI moved to table to November 12th workshop for further discussion. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS COUNCILMAN PALONI moved to table the appointment of the Assessor until such time as he gets to interview other candidates. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN PAOLONI wished to know what was going on with the GALS rezone. Mr. Roberts explained that it has not been officially pulled, but it's a good time to refer it to Dan Wery for his opinion. COUNCILMAN PAOLONI moved to authorize Planner, Dan Wery to prepare the necessary paperwork to start process on the GALS rezone and also render an opinion. Seconded by Mr. Valdati Motion Unanimously Carried There was no other business to come before the Board. COUNCILMAN VALDATI moved to close the Town Board meeting, seconded by Mr. Paoloni and unanimously carried. The meeting adjourned at 8:40 p.m. d Gloria J o e� Tow erk 13 LOCAL LAW #--5-_ OF THE YEAR 2001 A Local Law entitled "Local Law Amending the Zoning Law, Building Code and Subdivision Code of the Town of Wappinger". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Legislative Intent: Over the course of the last several years, it has come to the attention of the Town Board that various provisions of the Zoning, Building and Subdivision Codes of the Town of Wappinger pertaining to land use and development require relatively minor amendments, corrections or clarification. Accordingly, and based upon recommendations from the Town of Wappinger Planning Board, the Town of Wappinger Zoning Board of Appeals and other Town officials, the Town Board has requested Frederick P. Clark Associates, Inc., Planners to the Town, to review the Town Code as it pertains to land use and development and correct errors, clarify vague or misleading language, remove inconsistencies and make minor changes that otherwise do not require major policy decisions. The proposed changes will correct typographical errors, misleading words, misleading headings and use listings, clarify various definitions, clarify procedures with reference to existing under sized lots, clarify required street frontage, clarify implementation of wetland regulations, clarify authorization for accessory apartments, authorize the Zoning Administrator to issue temporary permits for outdoor sales and structures, clarify interpretation of motor vehicles sales establishments, reduce parking requirements for shopping centers in excess of 100,000 square feet, reduce size of tree plantings in parking lots, reduce maximum distance of emergency access driveways, reduce the penalties for enforcement of the Zoning Code, prohibit variances for special permit standards, clarify use schedules, amend the bulk schedule for RMF -3 and RMF -5 districts, apply recreation fees to subdivisions of less than six (6) building lots, and require an interim plot plan to ensure the proper location and elevation of a building foundation prior to authorization for framing of a structure. References are to sections of the Town of Wappinger Zoning Code, Building Code or Subdivision Code. 1) Section 2. The Town of Wappinger Zoning Law, Section 240-5 Definitions shall be amended to revise and add the following definitions to read as follows: FAMILY -- A group of related individuals living and cooking together as a single housekeeping unit, or group of unrelated individuals living and cooking together as a single housekeeping unit in a manner which is the functional equivalent of said related individuals. A foster home under the jurisdiction of a public agency shall be considered a family for the purpose of this chapter. GARAGE, REPAIR -- A building or portion thereof used for the storage, care or repair of motor vehicles for remuneration, including but not limited to the conduct of engine work, body work, major structural repair, painting or restoration. Permitted accessory uses may include the sale of motor fuels dispensed from pumps, the sale of motor vehicle accessories and supplies, and/or the rental of motor vehicles. GASOLINE FILLING STATION -- An area of land, including structures thereon or a building or part thereof, other than a repair garage, that is used for the sale of motor fuels dispensed from pumps and motor vehicle accessories and supplies. Permitted accessory uses may include facilities for lubricating, washing or other minor servicing of motor vehicles and/or the retail sale of convenience items including but not limited to snacks and beverages, provided such accessory uses are located indoors. The rental of motor vehicles is also a permitted accessory use. The conduct of motor vehicle body work, major structural repair or painting by any means are not permitted accessory uses. PROFESSIONAL OFFICE — One used by and architect. attorney, dentist, doctor, optometrist, engineer, insurance broker or salesman, psychologist, psychiatrist, real estate broker or salesman, surveyor or other similar practitioner. PROFESSIONAL STUDIO -- a space used as a place of work. display or instruction by a musician, artist, craftsperson, photographer or other similar artisan. STABLE, COMMERCIAL-- A building in which any horses are kept for remuneration, hire or sale. Section 3. The Town of Wappinger Zoning Law, Section 240-16.C(4) shall be revised to add a missing word to read as follows: (4) If such nonconforming use of a building or structure ceases for any reason for a continuous period of more than two years or is changed to a conforming use or, except as provided in § 240-16C(1) herein, if the building in or on which such use is conducted or maintained is moved any distance whatever, for any reason, then any future use of such building or structure and the land on which it is located shall be in conformity with all provisions of this chapter for the district in which it is located. Section 4. The Town of Wappinger Zoning Law, Section 240-16.D(2)(d) shall be revised to read as follows: (d) No residential use shall be permitted on a site used for a junkyard exclusive of the owner's dwelling. Section 5. The Town of Wappinger Zoning Law, Section 240-18.A shall be revised to clarify the purpose of this section to read as follows: A. No building or structure in a street. No building or structure shall be permitted within a street shown on an official map or plan, or within an easement or right-of-way shown on a filed subdivision plat. Every building hereafter erected shall be located on a lot, as defined herein. Section 6. The Town of Wappinger Zoning Law, Section 240-18.1) shall be revised to clarify the purpose of this section to read as follows: D. Lots under water or subject to flooding. (1) All lots under water or subject to flooding shall be subject to the requirements for flood -prone area as required in § 240-33 of this chapter. 4 (2) In addition, no more than 10% of the minimum area requirement of a lot may be fulfilled by Federal or State wetlands, land which is under water, subject to periodic flooding, or within the 100 -year floodplain. (3) All minimum front, side and rear yard requirements must be satisfied by measurement on dry land excluding Federal and State vetlands, land which is under water, subject to periodic flooding, or within the 100 -year floodplain. Section 7. The Town of Wappinger Zoning Law, Section 240-18.F shall be revised to clarify the purpose of this section .to read as follows: F. Existing undersized lots. A lot, the area.or dimensions of which are less than that required for the district in which it lies, may be deemed to qualify for the issuance of a building permit, provided that all the following requirements are met (see also § 240-3 SA): (1) The lot met the zoning requirements at the time the deed to the lot in its current configuration was recorded in the office of the County Clerk, Division of Land Records. (2) All applicable district regulations as set forth in the Schedule of Dimensional Regulations other than the minimum lot area and lot width and lot depth are complied with. (3) The lot was separated in ownership from any adjoining tracts of land 'on the effective date of this chapter. If the owner of such lot owns other lots contiguous thereto, such other lots or so much thereof as may be necessary shall be combined with the first named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots. Section 8. The Town of Wappinger Zoning Law, Section 240-20 shall be revised to clarify the purpose of this section to read as follows: § 240-20. Required street frontage. No building permit shall be issued for the establishment of any use or construction of any structure unless the street or highway giving access to W, said use or structure has been suitably improved to town road standards or a bond posted therefor, in accordance with the provisions of §§ 280-a.1 and 2 of the Town Law. Further, for the purposes of this paragraph, "access" shall mean that the lot on which said use or structure is proposed has frontage on said street or highway sufficient to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles in accordance with the provisions of § 280-a.5 of the Town Law. Said lot frontage shall be at least fifty (50) feet in length and the actual access to said use or structure shall be over said frontage. Section 9. The Town of Wappinger Zoning Law, Section 240-32.A shall be revised to read as follows: A. Alteration of wetlands or watercourses. In any district, no alteration of Federal or State wetlands, permanent or intermittent watercourse, or adjacent uplands within one -hundred (100) feet thereof, whether by excavation, filling, grading, clearing, draining or otherwise and whether or not incidental to activities otherwise permitted, shall be permitted without prior review as to the effect of such alteration and any related activities and facilities on water recharge areas. water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding. runoff and erosion and any other functions of such resources. This review and approval of such alteration shall be subject to site plan approval by the Planning Board. Section 10. The Town of Wappinger Zoning Law, Section 240-33.F(2) shall be revised to read as follows: (2) Fill. Any fill proposed to be deposited in the designated flood -prone area must be shown to have some beneficial purpose and that the amount thereof is not greater than necessary to achieve that purpose, as demonstrated by a plan submitted by the property owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading to the degree determined necessary by the Planning Board. If the Planning Board determines that the water -storage capacity of the flood -prone area is substantially reduced by such proposed fill, it may require an equivalent amount of earth excavation to offset the reduced capacity. 14 Section 11. The Town of Wappinger Zoning Law, Section 240-53.C(1) shall be revised to read as follows: (1) Age of structure. The building in which the accessory apartment is constructed and all additions thereto shall be at least five years old. In no case shall the minimum age be reduced to less than three years, except where such apartment would be on a lot at least twice the minimum lot area for the district in which it is located. Section 12. The Town of Wappinger Zoning Law, Section 240-54 shall be revised to read as follows: § 240-54. Professional office and professional studio uses in a residence. Section 13. The Town of Wappinger Zoning Law, Section 240-59 shall be revised to read as follows: § 240-59. Temporary outdoor use and structures in all districts, and, in residential districts, temporary outdoor stands for the sale and display of field and garden crops. A. No structure or combination of structures for said temporary use shall exceed 1,000 square feet in gross floor area. B. No permanent structures shall be constructed for a temporary use. C. No new or expanded parking area shall be constructed for a. temporary use. D. Such uses shall only be permitted on properties with frontage on and practical access to a primary or collector road as shown on the Town Transportation Plan Map in the Town Comprehensive Plan. E. Special functions shall not exceed 2-5 days. Seasonal uses shall not exceed 99 days. 7 F. The property shall be restored to a condition approved by the Planning Board. G. The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area. H. The Zoning Administrator may issue a permit for a temporary outdoor sales or promotions use and temporary signage not exceeding fifty (50) square feet in area without Planning Board approval for a period not to exceed twenty five (25) days in length nor more than three (3) times per year per principal use provided the temporary use: (1) is accessory and incidental to an existing permitted principal use on the site; (2) does not require any improvements to the site; (3) is located on a property with frontage on and practical access to a primary or collector road as shown on the Town Transportation Plan Map in the Town Comprehensive Plan; (4) conforms to all required setbacks for the district in which it is located; and (5) does not pose any safety concerns as determined by -the Zoning Administrator. Section 14. The Town of Wappinger Zoning Lav, Section 240-67 shall be revised to add a new subsection G. to read as follows: G. Notwithstanding requirements to the contreiry, the sale of small motor vehicles less than one thousand five hundred(1,500) pounds gross weight such as go-carts, jet skis, and motorcycles shall be permitted and regulated as a retail use provided: there is no outdoor storage; the floor area for the use is less than five thousand (5,000) square feet; and, with the exception of the minimum acreage requirements, the use meets all other requirements of 240-b7 and 240-70. M Section 15. The Town of Wappinger Zoning Law, Section 240-70 shall be revised to add a new subsection I. to read as follows: Notwithstanding requirements to the contrary, the sale of small motor vehicles less than one thousand five hundred (1,500) pounds gross weight such as go-carts, jet skis, and motorcycles shall be permitted and regulated as a retail use provided: there is no outdoor storage, the floor area for the use is less than five thousand (5,000) square feet; and, with the exception of the minimum acreage requirements, the use meets all other requirements of 240-67 and 240-70. Section 16. The Town of Wappinger Zoning Law, Section 240-84.B shall be revised to read as follows: B. Site development plan information. Unless determined otherwise by the Zoning Administrator, fourteen (14) copies of the applicant's proposed site development plan drawn at as large a scale as is convenient, practical and reasonably possible, showing the following items of information: Section 17. The Town of Wappinger Zoning Law, Section 240-87 shall be revised to read as follows: § 240-87. Public hearing for site development plan review. A public hearing shall be scheduled within sixty-two (62) days of receipt of a complete site development plan application. Public notice of such hearings shall be published in a newspaper designated by the town at least five (5) days before the scheduled meeting date. Additionally all abutting and adjacent (across the street or road) property owners shall be notified by mail by the Applicant of said hearing. Notification to abutting and adjacent property owners, as identified by the Town, shall be by Certified U.S. Mail and shall include a copy of the legal notice prepared by the Town. Proof of mailing in the form of a list of abutting and adjacent property owners and copies of the stamped Certified Mail receipts shall be submitted to the Planning Board prior to the public hearing. W Section 18. The Town of Wappinger Zoning Law, Section 240-96.B(4) shall be revised to read as follows: (4) Shopping center parking. Shopping centers which exceed 100,000 square feet of gross floor area shall be required to provide a minimum of 4.5 parking spaces for every 1,000 square feet of gross floor area. Notwithstanding provisions to the contrary, the minimum dimensions of parking spaces for such shopping centers shall be nine feet by 18 feet with a twenty -four -foot aisle. [Added 1-25-1999 by L.L. No. 1-1999] Section 19. The Town of Wappinger Zoning Law, Section 240-96.C(2)(c) shall be revised to read as follows: (c) The landscaping of off-street parking areas shall include at least one (1) shade tree of not less than three (3) inches caliper for each six (6) parking spaces. Main traffic circulation aisles shall be emphasized with such shade trees. Other landscaped islands may be planted with flowering trees and/or other plantings. as appropriate. This is in addition to ground cover, shrubs and hedges which are to be provided where appropriate to serve their intended function while not interfering with safe sight distance for pedestrians and vehicles. Section 20. The Town of Wappinger Zoning Law, Section 240-97 shall be revised to read as follows: Shopping centers greater 4.5 for each 1,000 square than 100,000 square feet feet of gross floor area of gross. floor area [Added 1-25-1999 by L.L. No. 1-1999] Section 21. The Town of Wappinger Zoning Law, Section 240-100.E shall be revised to read as follows: E. Emergency vehicle access. Driveways and access roads shall be so designed as to provide Fire Department apparatus access to within a distance of 75feet or less of the structure it may be called upon to fir• protect and they shall meet the following requirements: 10 Section 22. The Town of Wappinger Zoning Law, Section 240-106.C(1) shall be revised to read as follows: C. Violations and penalties. (1) A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 for conviction of a first offense; for conviction of a second offense, both of which were committed within a five-year period, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed ten (10) days , or both; and upon conviction of a third or subsequent offense, all of which were committed within a five-year period, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. \r► Section 23. The Town of Wappinger Zoning Law, Section 240-106.C(2) shall be revised to read as follows: (2) Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or if less than an hour until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the' product added. Section 24. The Town of Wappinger Zoning Law, Section 240-107.B(2)(b) shall be revised to read as follows: (b) Appeals and variances. Where there are difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of 11 buildings or structures or the use of the land, upon application by an appellant, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Notwithstanding the provisions of this section, including § 240-107.B(2)(b)[3 ], the Zoning Board of Appeals is not authorized to grant a variance or variances with respect to any of the individual standards, requirements or criteria for special permit uses. Area variances associated with a special permit use shall only be applicable to the dimensional standards of the zoning district in which the property is located as set forth in the Schedule of Dimensional Regulations. Section 25. The Town of Wappinger Zoning Law, Section 240-107.B(2)(b)[31 shall be revised to read as follows: [3] Application for area variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations or where a proposed special permit use contains one or more features which do not comply with the zoning regulations or where a proposed subdivision plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances pursuant to Section 240-107.B(2)(b)[2], without the necessity of a, decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter. 12 M Section 26. The Town of Wappinger Zoning Law, Schedule of Use Regulations — Residential Districts sl►all be revised to amend the following listed uses as to read as follows: DISTRICTS R-80 R40/80 R-40 R-20140 R-20 R-15 USES R-10 R-217 In any residential district, no "buildings" or premises shall be used, and no "building" or group of "buildings" or p art of a "building" or "structure" shall be erected, constructed, enlarged, "altered", arranged, used or designed to be used, in whole or in part, except for ,one (1) or more of the "uses" set forth below. Only those "uses" specifically listed as being permitted shall be permitted; all other uses' shall be deemed to be prohibited. "Accessory buildings" or "uses" shall not be permitted on a "lot" without a permitted "principal building" or "use". All "uses" are subject to the requirements and conditions s et forth in the noted sections (§). HOME BUSINESSES "Bed and breakfast establishments" (§ 440.24). SPU "Professional office" "uses" in a residence (§ 440.5). SPU "Professional studio" "uses" in a residence (§ 440.5). SPU "Home occupations", other than "professional office" or "professional studio" "uses", which do not involve on -site clients, PA visitors, customers or patrons. "Home occupations", other than "professional office" or "professional studio" "uses" which involve on -site clients, visitors, SPU customers or patrons. 13 RMF -3 RMF -5 i Section 27. The Town of Wappinger Zoning Law, Schedule of Use Regulations — Non -Residential Districts shall be revised to amend the following listed uses as to read as follows: Outdoor storage of one (1) auto trailer, or one (1) unoccupied recreational vehicle, or one (1) boat, or one (1) other single vehicle other than licensed and registered passenger vehicles, provided such trailer, boat, or other single vehicle is effectively screened from adjoining properties. Such storage area shall comply with all minimum "yard" setback requirements for "buildings", but in no case shall it be permitted in the "front yard". Outdoor storage of more than one (1) auto trailer, unoccupied "mobile home" trailer, boat, or other vehicle other than licensed and registered passenger vehicles, provided such trailers, boats, or other vehicles are accessory to a permitted "use" and are effectively screened from adjoining properties. Such storage area shall comply with all minimum "yard" setback requirements for "buildings", but in no case shall storage be permitted in the "front yard". IIVehicle rental service and storage businesses. Section 28. The Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts shall be revised to amend the minimum lot area requirements for the RMF -3 and RMF -5 Districts to read as follows: 11 DISTRICT I RMF -31 RMF -5 11 Minimum "Lot Area" (square feet, unless noted) -- — 5 ac. • with public water & sewer 5 ac. 15 ac. • with public water or sewer 15 ac. 10 ac. • without public water & sewer 10 ac. Section 29. Chapter 217, Subdivision of Land, Section 217-25.A(4) of the Code of the Town of Wappinger shall be revised to read as follows: (4) Cash payment in lieu of reservation. Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision or where such a reservation is otherwise not appropriate or practical, the Board may require, as a condition to approval of any such plat, a payment to the Town in an amount established by the Town Board in a fee schedule as may be amended from time to time. 14 14 Section 30. Section 8, subparagraph (c) of the Town Building Code would be amended to read as follows: (c) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to schle, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the Chief Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. The application materials shall be sufficient in order to allow the Building Inspector to verify that the number of bedrooms in residential structures does not exceed the maximum number imposed by the regulations of the Dutchess County Department of Health, and also that residential structures do not contain any space which is readily and obviously convertible to one or more additional bedrooms. Plans and specifications shall bear the signature of the person responsible for the design and drawings. The Chief Building Inspector may waive the - requirement for filing plans. Section 31. Section 10, subparagraph (c) of the Town Building Code would be amended to read as follows: (c) In order for the Building Inspector to field check the elevation oFthe preparation for the foundation, a benchmark shall be physically located on the plot of land by the owner, in a location and at an elevation deemed appropriate by the Building Inspector, prior to the foundation being constructed. Further, no construction of any portion of a building other than the construction of a foundation shall commence until the owner has first submitted to the Building Inspector and reviewed by the Town Engineer, and the Highway Superintendent as deemed necessary, an "as built" certified plot plan showing the "as built" foundation location and elevation on the plot of land for which the building permit has been issued. Such plan shall show that such foundation is situated and located within the minimum setback requirements and shall demonstrate that the location and elevation of the foundation conforms to the "proposed construction" plot plan previously submitted or conforms to variations therefrom previously approved by the Building Inspector and the Town Engineer as the 15 rr Section 32: Separabilitv. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 33: Effective Date. �kw This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 17 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No- ----------- 15____________________ of 2001___ of the( QUY' (Town) I& 'of-----WARZINGIR---------------------------- - - -- was duly passed by the TQWiV__RQARJ)---------------------------- on Se-pt.__24----- 200.!_, in accordance with the applicable provisions of law. (Name of Legislative Bodvt 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20______ of the (County)(City)(Town)(Village) of _________________________________________________ _______ _______ was duly passed by the ----------------------------------------------- on ------------------ 20 ___ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the __________________________________________________ and was deemed duly adopted on----------------- 2 0_ (Elective Chie/Ezecurive Officrr•J --- , in accordance with the applicable provisions of law 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20--____ of the (County)(City)(Town)(Villagc) of _______________________________________ _ __ __ _ _______________ was duly passed by the -""--------""'---------------------------------- on ------------------ 20--__ , and was (approved)(not approved)(repassed after (Name of Legislative Bodv) disapproval) by the _________________________________________________ on___________________ 20----. Such local law was submitted !Elective Chief Executive Officer) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on __________________ 20L___ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No- ___________________________________ of 20______ of the (County)(City)(Town)(Village) of ____________________________________________ _ __ ___ __ ____ ___ was duly passed by the --------------------------------------------------- on 20____ , and was (approved)(not approved)(repassed after (Name of Legislative Bads.) disapproval) by the ____________________________________________ (Elective Chief Executive Officer*) --- _ o❑ _____________ _p ___ ,Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2Q___ , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a count • elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 18 5. (City local law concerning Charter revision proposed by petition.) -I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of of the City of --------------------------------------------- 20------ - ---------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on___________________ 20_-__, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local lam- annexed hereto, designated as local law No. ___________________________________ of 20______ of the County of ____________________________________________________ State of New York, having been submitted to the electors at the General Election of November ______________________ 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding.local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph----- ! ------- above. , e�'7 (Seal) Clerk of the County legislativedy, Ci or officer designated by local gislative GLORIA fiOU&,I,Town Cler Da or Village Clerk (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEV YORK COUNTY OF DIJTCHPSS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper vroceedines have been had or taken for the enactment of the ' ALBERT P. ROBERTS ATTORNEY TO TOWN Title 1rr�2`�`tt1Y1,,,6 —q 1 x Town U z e, / 1 Da to 19 A Public Hearing was held by the Town Board of the Town of Wappinger on September 24, 2001, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law Amending the Zoning Law, Building Code and subdivision Code of the Town of Wappinger Supervisor Smith opened the meeting at 7:15 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Paoloni, Councilman Gloria J. Morse Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Joseph Ruggiero, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Smith announced that she received a letter today from the Planning Board with their recommendations. Planner, Dan Wery explained that that these were basically corrections that we found over the years such as errors, missing words and for the most part simple corrections. There were no other comments or questions from the audience. COUNCILMAN VALDATI moved to close the Public Hearing, seconded by Mr. Paolom and unanimously carried. The Public Hearing closed at 7:18 p.m. Gloria J. rs� Town Cl r TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW AMENDING THE ZONING LAW, BUILDING CODE & SUBDIVISION CODE OF THE T/W STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 10, 2001 your deponent posted a copy of the attached notice of Public Hearing on the matter of adopting a proposed Local Law amending the Zoning Law, Building code and Subdivision Code of the Town of Wappinger on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLORIA J. RSE Town Cleu Town of Wappinger l Sworn to be re e the,!n� day of , 2001 NOTARALBERT P ROBERTS Y PUBLIC; State of New York co 0'"411(10d in Outchess Coun Expires Feb. 28,A.�,, I SUl_t f hit F'PJ f;l_I 1 �'. ► tf � ':, Pdf: 1,.1•", F FA(;( -)N F F;f 81 FAQ I t161H `,1Pr F f l•,Ir�f�P.[NL�i1':.11`, l OI 1.�> , 1`lY I int F f .1 C1 F> u its 1 jL Y-1 TL• APPINCiERS FALLS, TOWN P .O . BOX 324 WAPF=' I NCiER; FALLS, NY 1,2590 1 n( -)t i rr, #48.j'-)4 1"JEW YORK } } C"', I JOAN MILLH-� , k>ei rig duly st•�r.,r r� , depose and . a y : that I am the BOOKKEEPER of `= out he,i-n C;t_ltChess News, a weekl;, newspaper of ger1er;:,jl Circulation Published in WAPPINGERS FALLS, Count,,/ of UUTCNESS , State of NEW YORK; and that a notice, of which the annexed is. a pr inted copy, was du1,Y pub 1i_she(A in Sot_lt-.hern DUtches-s News once on 09/12/01 S(..ior n to he f - _ me this 12t1i day of Sep t etnher , J1 .i c R RENA WRIGHT Notary Public State of New York No. 5083355 Qualified in Dutchess Count Commission Expires Aug 11 74915 09/24/2001.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 24, 2001, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the adoption of proposed amendments to the Town Comprehensive Plan. Supervisor Smith opened the meeting at 7:25 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Paoloni, Councilman Gloria J. Morse Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Joseph Ruggiero, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Planner, Dan Wery announced that they have proposed amendments to the Town Comprehensive Plan. Essentially it recommends a change in the recommended land uses for the properties north of New Hackensack Road on the east side of Route 9. Starting from Eckard running up to the lake. Currently those lands are classified in the 1988 plan for Office Uses. Following the 1988 plan those properties were rezoned from HB to HD Highway Design and HO Highway Office around 1990. The effect of this change will allow a subsequent and parallel of rezoning of those lands from Highway Office and Highway Design to Highway Business, which provides a broader variety of permitted uses. One of the problems we had is that some of those uses that were in existence at the time of 1990 rezoning became non -conforming. Business owners are often reluctant to invest in properties if their uses are non -conforming. The idea is to broaden the number of permitted uses. Hopefully, this will enable us to encourage more investment in these properties. SUPERVISOR SMITH asked if anyone in the audience had any comments or questions. Kelly Redl Hardisty was recognized by the Board. Kelly was here on behalf of her family who owns property on Route 9. When the property was originally purchased, it was zoned Highway Business and it got changed to Highway Office in the 90's, and right now don't feel they would be interested in building more office space in this particular area. They would be very pleased to see the property reverted back to Highway Business. There were no more questions or comments. COUNCILMAN PAOLONI moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Public Hearing closed at 7:30 p.m. Gloria J. M e Town Clerk SWTHERN NF. Wc, BEACON 1`-RFF O4 F0�,T M 6 J N c= I I,P=" . T WAFT' I NtI R5 I Flt_ L ` NY 12590 A -tF f z d v.1 t o f F=1" t=s 1 1 G a t 3 c> " Ta: WAPPIN ERS FALLS, TOWN P.O. BOX 324 I•JAPPJ LAGERS FALLS, NY 12-)'90 Ile: I.. ectal not. .ic:e #48793 NEW Y(11K } ) SS" (:OUnt-y of Dt-M:HFSS ) 1, 3r:lA01 MJ.I_L_FR, being duly sworn, depc,�;f rind say: that I am the BOOKKFFPFR of c;outhei-n I.?lltc:�1F`. Npws-, a weekly r,f Ci r-c.ul at. i_oii ptih,]..ishPrd .in WAPP,I NGE P= Ca(anty of MI'TCHFSS, State c,f NFW YORK; and that_. a nc)tic:e, of which the armexed is a pr i nt�.eci copy, was duly PtJhl i-:hFad i n C,altt.her rt Dutchess News c,na-e on 09 12101'. Savor li to he fa mp t ha s 12th day of ,r=p� t cmiher , : r)0]. Notary Pllh i.(-. - - R RENA WR►QNT Notary Publlo State of Now York No, 5083355 Qu4llflnd In Dutcbess County COMMI011011 1)(091 Aug 11 M hems an to whWm hehsims Pk of New.Ktf New Hada PLEASAI that d*pro taut d the aims plan s of 010 rem isms 11om wftoh ml, a grater v fpr the pro; H ghswey ible B pudic hearing u reuon ofgrope the Town Caner � lo'amend the et�kict +.nae . Plan, wtl hold s In pnrthe alk I eroendmAnts, ,'s PLEASE TAKE' AllgtOwTown & • right Io make 1 ,OP THE TO Glorie to he do, TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON ADOPTION OF PROPSED AMENDMENTS OF THE TOWN COMPREHENSIVE PLAN STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 10, 2001 your deponent posted a copy of the attached notice of Public Hearing on the matter of adopting a proposed Local Law amending the Town of Wappinger Comprehensive Plan on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLORIA�:` ORS Town C16 k Town of Wappinger Swornto b fore me the a day of ,�210 � NOTARY P .LIC ALBERT P ROBERTS NOTARY PUBLIC; State of New York Qualified in Dutchess Count commission Expires Feb. ?8,.a -2-