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1995-07-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 24, 1995 7:30 P.M. 1. SUPERVISOR CALL MEETING 'IO ORDER 2. ROLL CALL 3. Accept Minutes: June 26, 1995 PLEDGE ALLEGIANCE TO FLAG 4. REPORTS OF OFFICERS: Sup/Compt Rec. of Taxes Town Justices Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. �� ff �� t 6a �t11c�.O,cL SSQC� b . C. ,ji�cct��cu1 �'t,cdc sC��x;,�x,nc, d. e. f. 9. h. Irvin Miller re: Mid Hudson Rd. Runners Club Annual Classic - request to make Robinson Lane a Parade Route in order to restrict Traffic for this ievent Town in receipt of 3 Tax reviews: (1) Wallace Sheft (2) PEB construction Co. dba B & D Contractingg ((3) Thegdore Baker & Charles Gilbride(-'1) TI4� ;�„11 ,,, :,,a s tS 1,ty h�,�„f�.r'�.,Lty(��}< �•s� 1 c_v Request for Return of Road opening Bon for Metzger - $500 J. Paggi, Eng. to Twn, re: Lands of Red1-grading permit Letter from Armando Perussino re: Toppled trees from public proper Ed Wisniewski re: Kent Road Speeds "out of Control” Richard Cullen re: Trucks parked on Cedar Hill Joe Incoronato re: Chelsea Pump Station possible water tap 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. Zng. Adm. report b. Ping. Bd. corr. re: recommendation for accepting Reduction of Performance Bond for Evergreen Estates 8. RESOLUTIONS a. Consider adoption of Local Law for Zoning Amendments b. Ann Buckley, Compt. request for Transfers of Funds c. Consider Bids for Soccer Project 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARING ON ZONING AMENDMENTS LOCAL LAW AT 6:00 P.M. c 950724.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on July 24, 1995 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 Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman 1*4w June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Engineer to the Town Graham Foster, Highway Superintendent Dan Wery, Frederick P. Clark Associates David Stolman, Frederick P. Clark Associates The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. At this time 7:31 P.M., COUNCILMAN VALDATI moved to go into Executive Session to discuss a legal problem. Seconded by Mr. Ruggiero Motion UnanimouslyCarried reed The Meeting reconvened at 7:38 P.M. with all Board Members present, there was no action to be taken at the Executive Session. MINUTES The Minutes of the Regular Meeting of June 26 1995, having previously been forwarded to the Board Members, were placed before them for their consideration. COUNCILWOMAN VISCONTI moved that the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. At this time, COUNCILMAN INCORONATO stated that there was a Typo error on page 7 line 18. The word should read find instead of fine. COUNCILWOMAN VISCONTI moved that the above stated Minutes as amended and they are hereby approved as corrected. Page 1 950724.RGM Seconded by Mr. Valdati Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of June were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, and Zoning Administrator. COUNCILWOMAN VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence was received from Irvin Miller, Director of the Dutchess County Classics, announcing that on Sunday September 17, 1995 from 9:00 A.M. to 1:00 P.M they will be using Robinson Lane for their 17th Annual Dutchess Classic. Mr. Miller would like to make Robinson Road a Parade Route during this time, in order to restrict traffic. They are covered by insurance for any liabilities. Maloney Road and Route 376 would be an alternate route for cars whose passengers are not involved in the race. COUNCILWOMAN VISCONTI moved to authorize Supervisor advise Mr. Miller that Robinson Lane can be used as a Parade Route on September 17, 1995 from 9:00 A.M to 1:00 P.M, for their Annual Dutchess County Classic. Seconded by Mr. Ruggiero Motion Unanimously Carried After the vote, Mr. Foster informed the Board that these events generally work with the Highway Department. There should also be limited access for EMS vehicles and local residents. SUPERVISOR SMITH said she will advise Mr. Miller to contact the Highway Department in regard to this event, and also request Page 2 950724.RGM an insurance certificate indemnifying the town. The following Tax Certioraris were served on the Town of Wappinger: Wallace Sheft; PEB Construction d/b/a B & D Contracting; Theodore Baker & Charles Gilbride; The Pavillion Condos; Nurham Realty; Sunset Crest Association; Nasario & Caterina Mei; Chelsea Ridge Associates (2); Pacific State Land Corp.; Richard Rosenberg & Sol Silver; Imperial Gardens Company; Chelsea Yacht Club; COUNCILWOMAN VISCONTI moved to referred the above stated Tax Certioraris to Emanuel Saris, Attorney to the Town, appointed to handle Tax Reviews, to defend on behalf of the Town. Seconded by Mr. Incoronato Motion Unanimously Carried A request for the return of a Road Opening Bond from Andreas Metzger in the amount of $500.00. Highway Superintendent Graham Foster, recommended that the Bond be released. COUNCILWOMAN VISCONTI moved to approve the release of the Road L•• Opening Bond in the amount of $500.00 upon the recommendation of Highway Superintendent, Graham Foster. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence from Engineer to the Town in reference to a Grading Permit application for the lands of Herbert Redl. Mrs. Smith announced nothing can be done tonight there are still some changes that must be made. Mr. Paggi agreed, it is incomplete. The section of the zoning law that this permit applies under is proposed to be removed, if the Board votes positively tonight on the proposed Local Law for Zoning Amendments. Then this action would be taken up solely by the Zoning Administrator. COUNCILWOMAN VISCONTI moved to accept correspondence and place on file. Page 3 Seconded by Mr. Valdati 950724.RGM Motion Unanimously Carried Correspondence from Armando Perussino 6 Lenny Court, regarding toppled trees from adjacent publicly owned property onto his house. Mr. Perussino has some concerns that they will cause more damage if they remain on his house, either through their sustained weight, from another storm, or bug rot. COUNCILMAN INCORONATO moved to authorize Engineer to the Town survey the property. If it is determined that the property belongs to the town, they be notified, and the town direct a landscaper to eliminate the trees that are posing the hazard. Also authorize the Supervisor to communicate this information to all the homeowners in the area. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from Edward Wisniewski of 64 Kent Road regarding the speeding on Kent Road that has reached "out " 0 like the Town of control proportions. Mr. Wisniewski would i Board to address these concerns and initiate a remedial plan of action. COUNCILMAN VALDATI moved that the Supervisor direct the Town Patrol monitor Kent Road more vigorously and let be it known that all violations that are levied will be strictly enforced. Let the State and Sheriffs department be made aware of the problem and request added patrol in the area. Also discuss maximum fines for speeding at a workshop. Seconded by Mrs. Visconti Motion Unanimously Carried Richard Cullen of 375 Cedar Hill Road requesting that Towns help to eliminate trucks and various other vehicles from parking on the dirt area on Cedar Hill Road between his home and the Southern Dutchess & Putnam Sportsman Association. Most Page 4 950724.RGM recently, a tractor trailer dropped its trailer in this area and left the vehicle with its refrigerator on all night. In the past, this area has had persons parking and sleeping in their vehicles overnight. On occasion, he has asked them to leave. Garbage has also become a problem. Supervisor Smith informed the Board that she has spoken to the vandalism patrol and the State Police on this issue. COUNCILWOMAN VISCONTI moved to authorize the Supervisor send a letter to Mr. Cullen, informing him of the measures that she has instructed the vandalism patrol to undertake. Seconded by Mr. Incoronato Motion Unanimously Carried Lastly, a memo from Councilman Incoronato regarding the Chelsea Pump Station. Recently, New York City applied for a conceptual review of plans to build a temporary storage building at its Chelsea Pump House on River Road. This was undertaken at the July 17, 1995 Planning Board Meeting which he attended. At that time, Mr. Incoronato suggested that the Town ask the NYC Water Department to consider installation of a tap for some 100 Chelsea homeowners in dire need of an unpolluted water supply. In response to Mr. Incoronato's suggestion, Planning Board Chairman, Bill Parsons indicated he wanted the Town Board to give him direction on the water tap proposal. COUNCILMAN INCORONATO moved to authorize the Supervisor to seek an agreement with NYC for the installation of a water tap as part of it proposed construction at the Chelsea emergency facility for 100,000 gallons a day for the immediate use of the Chelsea Hamlet, or four to six million gallons for a major portion of the town. Seconded by Mrs. Visconti Motion Unanimously Carried COMMITTEE REPORTS Page 5 950724.RGM COUNCILMAN RUGGIERO on Tri -Muni, announced the retirement of Rudy Lapar, Engineer for the Tri -Muni Sewer Commission and the resignation of Don Tomlins, also Engineer for the Tri -Muni. Mr. Lapar plans to go to Europe and Mr. Tomlins will be going to South Carolina. On Spook Hill Recreation. He was contacted by Mr. Hallock, in regards to using the facilities while the summer programs were going on. What is the status. Mrs. Smith explained that she had written to Mr. Hallock, and it is no longer an issue. Mr. Ruggiero also received a phone call regarding the traffic light at Ketcham High School. When people are traveling east on Myers Corners Road, the traffic signal has a green arrow entering Ketcham and allows east bound traffic to proceed with a green light. While this arrow and green light are on, the westbound traffic on Myers Corners Road is held with a red signal. The problem arises on Ervin Drive for anyone exiting south to Myers Corner Road. Anyone that is not familiar with the intersection will see the red signal and assume the east bound traffic also has a red signal. The danger exists when a car pulls out of Ervin Drive. There was some discussion relating to this problem and Mr. Foster, the Highway Superintendent said he would contact the County and ask if this situation could be improved. COUNCILMAN INCORONATO had some questions regarding the many Change Orders, for the Tri -Municipal and feels there are too many overruns. Who is tracking these overruns. He would like to see a State Audit. Councilman Valdati agreed, he also has questions regarding these overruns, perhaps a workshop is in order, and someone from the commission could attend in order to discuss this issue more thoroughly. COUNCILMAN INCORONATO moved to table this issue to a workshop. Seconded by Supervisor Smith Motion Unanimously Carried COUNCILMAN VALDATI on Road Signs. At last months meeting he Page 6 950724.RGM asked Mr. Foster about looking into the possibility of getting road signs that border County State Intersections namely, Old Hopewell Road, Route 9 and Myers Corners Road. He has not seen any yet. Can he please check on this with the State again. COUNCILMAN INCORONATO had no reports at this time. COUNCILWOMAN VISCONTI had no reports at this time. At this time, a request from SUPERVISOR SMITH to compensate Mark Liebermann, Fire Inspector, $1,000.00 because of the added responsibilities he undertook as the acting Zoning Administrator for the past four months. She felt that Mark worked long hours and did an excellent job. COUNCILWOMAN VISCONTI moved to authorize Mark Liebermann be compensated $1,000.00 for the added responsibilities of Zoning Administrator. Seconded by Mr. Incoronato Motion Unanimously Carried BONDS & LETTERS OF CREDIT The Zoning Administrator, Donald Close submitted his report for the month of June on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expirations dates and call up dates. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried SUPERVISOR SMITH praised Mr. Close for the excellent job he is doing as Zoning Administrator. Also Correspondence from the Planning Board with their recommendation to accept a reduced Performance Bond for Evergreen Acres Phase I from $467,784.00 to $259,618.00. COUNCILWOMAN VISCONTI moved to accept the reduced Page 7 950724.RGM performance bond from $467,784.00 to $259,618.00, based upon the recommendation of the Planning Board and acceptance by Attorney to the Town. Seconded by Mr. Ruggiero Motion Unanimously Carried A Public Hearing having been held on July 24, 1995, on a Local Law Amending the Zoning Law and Map of the Town of Wappinger, the matter was now placed before the Board for their Consideration. The recommendation from the D.C.D.P. in their review, had made several recommendation on several of the definitions, however, the overall recommendations was that the Boards decision be based on Local study . The Planning Board at their June 28, 1995 meeting unanimously voted to recommend the proposed amendments to the Zoning Ordinance also. FIRST is the adoption of a Negative Declaration in Connection with Amendments to the Town of Wappinger Comprehensive Plan and Zoning Law. The following Resolution was moved by COUNCILMAN VALDATI and .rr seconded by Mr. Incoronato. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town of Wappinger Comprehensive Plan and Zoning Law require updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and other amendments as part of an updating of the Town's Comprehensive Plan and Zoning Law; and WHEREAS, the Town Board currently has before it for consideration proposed revisions to the Town's Comprehensive Plan and Zoning Law; and WHEREAS, the Town Board determined that the Proposed Action (i.e., the adoption of revisions to the Town's Comprehensive Plan and Zoning Law) is a Type I 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, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: Page 8 950724.RGM 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby adopts the attached Negative Declaration based upon the reasons enumerated therein, and thereby make the determination that the proposed Action will not have a significant effect upon the environment, and thereby finds that the preparation of a Draft Environmental Impact Statement will not be required for the Proposed Action. 3. The Town Board hereby directs the Town Clerk to file the attached Negative Declaration with the Commissioner and with the ,4r Region 3 Office of the Department of Environmental Conservation as shown on the attached Negative Declaration. The question of the adoption of the foregoing Resolution was duly put to a Roll Call vote, which resulted as follows: ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye The Resolution is hereby duly declared adopted Next for the Boards consideration are the Amendments to the Town of Wappinger Comprehensive Plan. The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Mr. Incoronato. WHEREAS, the Conservation Office Park (COP) Land use designation was created at a time when Southern Dutchess County was developing in a relatively strong manner, and at a time when it appeared to be important to create and implement a land use designation which would provide for campus office development at a relatively low density in order to preserve a certain amount of open space; and WHEREAS, the permitted density in the COP zoning district is the lowest of all of the non-residential zoning districts in the Town; specifically, the COP District permits the least amount of building coverage (a Maximum of 15%) of all the non-residential districts and Conservation Commercial (CC) districts permit the lowest floor area ratio (a maximum of 0.2) compared to the other non-residential zoning districts; and WHEREAS, the strong development of the 1980s has not continued into the 1990s, further, the economy in Southern Dutchess County has been hurt by the downsizing of corporations such as IBM; and WHEREAS, the COP land use designation is therefore a remnant of a bygone era and should be replaced with a designation and zoning which is appropriate for the times; and WHEREAS, the Town Board has determined that the Town of Page 9 950724.RGM Wappinger Comprehensive Plan requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Comprehensive Plan; and WHEREAS, the Town Board currently has before it for consideration proposed revisions to the Comprehensive Plan; and WHEREAS, the Town Board has determined that the proposed Action (i.e., the adoption of revisions to the Towns's Comprehensive Plan and Zoning Law) is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, on the 24th day of July, 1995 the Town Board held a Public Hearing on the proposed amendments to the Comprehensive Plan at which time all persons interested were given an opportunity to be heard; and WHEREAS, a copy of this Resolution and the Public Hearing notice were referred to the Dutchess County Planning Department for its advisory review; and WHEREAS, a copy of this Resolution and the Public Hearing notice were referred to the Town of Wappinger Planning Board for its review and recommendation; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action; and WHEREAS, the Town Board has issued a Negative Declaration regarding the Proposed Action, thereby finding that the Proposed Action will not have a significant impact upon the environment and thereby finding that a Draft Environment Impact Statement will not be prepared. NOW THEREFORE, BE IT RESOLVED, that the Town of Wappinger Comprehensive Plan is hereby amended to include the following text; any statements or designations in the Comprehensive Plan which are contradictory are hereby superseded: "The Conservation Office Park land use designation and zoning district were created at a time when Southern Dutchess County was developing in a relatively strong manner and it appeared to be important to create and implement a zoning district which would provide for campus office development at a relatively low density in order to preserve open space during this relatively strong development process. The permitted density in the COP District is the lowest of all of the non- residential zoning districts in the Town. Specifically, the COP zoning district permits the least amount of building coverage (a maximum of 15%) of all the non-residential zoning districts and the COP and Conservation Commercial zoning districts permit the lowest floor area ratio (a maximum of 0.2) compared to the other non-residential zoning districts. "The strong development of the 1980s has not continued into the 1990s and the economy in Southern Dutchess County has been hurt by the downsizing of corporations, such as IBM. The COP land use designation and zoning district are no longer appropriate for many of the areas currently designated COP and Page 10 91 950724.RGM should be replaced with land use designations and zoning which are compatible with current and foreseeable economic trends and requirements. "The effect of not amending the Comprehensive Plan and Zoning Law would be to preclude suitable development opportunities and hamper the Towns ability to maintain an appropriate balance between residential and non-residential uses. "There are four areas to be reclassified on the Land Use Plan Map from Conservation Office Park and Office to other recommended land use categories. These four reclassification areas are identified on the attached figures. COP AREA #1 "COP Area #1 consists of the COP land use designation district comprised of the 60 acres occupied by most of BJ's Shopping Center and the adjacent 24 -acre parcel of land to the north which has frontage on Myers Corners Road. "The 24 -acre parcel is largely undeveloped and contains New York State Department of Environmental Conservation designated wetlands. This area is bordered by the BJ's building (already zoned Shopping Center) to the south and one -family residences to the south and east, Route 9 to the west and the Wappingers Plaza Shopping Center to the north. "It is proposed that the 24 -acre parcel with frontage on Myers Corners Road be reclassified from Conservation Office Park to Industrial, and that the remaining 60 acres be reclassified from Conservation Office Park to Commercial. "With regard to the 60 -acre portion of this area, the Commercial land use classification is most appropriate area since it has alread been develo ed as asho png for the Y p shopping center. The change in the classification will permit the rezoning of the property to the Shopping Center District which will permit a wider range of uses which would be appropriate uses of the property. The changes in the permitted uses would be responsive to the dramatic change in the economic climate to a very soft office and manufacturing market and a relatively stronger retail market. The change in the permitted uses would be consistent with the existing use of the site. "The reclassification of the northern portion of this area from Corporate Office Park to Industrial would permit the rezoning of this area to Planned Industrial. This rezoning would permit a wider range of uses which would be appropriate uses of the property. These additional uses would increase the possibilities for the non-residential development of the property and thereby help contribute toward the Town's tax base and economic resources. COP AREA #2 "COP Area #2 consists of the 59 -acre Office land use designation/COP zoning district encompassing the currently vacant Pizzagalli office building complex on Myers Corners Road. This site will be partially occupied by the Laerdal Medical Corp. operation in the near future. This property was almost fully developed by IBM under its prior Planned Industrial (PI) zoning and the existing office building complex is currently nonconforming with respect to the bulk and other dimensional requirements of the COP District. Page 11 950724.RGM "It's proposed that the recommended land use classification of this property be changed back to Industrial and PI in order to be consistent with the existing use and development of the subject property. "Reclassification and rezoning the property back to Industrial and PI respectively, would eliminate the nonconforming status of the development, permit a modest expansion of the existing facilities, and change the permitted uses to include a more diverse group of uses which are appropriate for the property. "The proposed reclassification will encourage the reuse of the vacated IBM facility and thereby help maintain the property as an important contributor toward the economic resources of the Town. COP AREA #3 "COP Area #3 consists of the 124 -acre COP District located along the east side of Route 376 to the north of Myers Corners Road. This area also includes the 4.4 -acre parcel which was recently contract rezoned to Highway Business (HB) for the Family Farms Market proposal. "Other than the vacant "Castle" building and electrical utility transmission lines, COP Area #3 is undeveloped. It is bounded by one -family homes on the west, by Route 376 on the west and south, on the east by proposed County Route 11, and on the north by a utility right-of-way. The surrounding areas primarily include one -family residences in the R-40 and R-40/80 one -family districts. "It is proposed that this area be reclassified from Conservation Office Park to Conservation Commercial and that the area be correspondingly rezoned from COP and HB to Conservation Commercial (CC). The 10 -acre minimum lot size of the COP District and the limited number and type of permitted uses have proven to be considerable deterrents to the commercial development of the subject properties. The CC District would add retail and service uses, among others, to the permitted uses of the rezoning area and would allow such development on smaller, more affordable lots. This would help encourage a more diverse employment base, involving more independent employers to help insulate the Town from declines in any single industry. This reclassification and the corresponding rezoning would also be generally consistent with the zoning and use of properties to the east of the subject rezoning area in the Town of East Fishkill. COP AREA #4 "COP Area #4 consists of the COP land use designation and three separate COP Districts comprising a total of 340 acres in the northern portion of the Town to the east of the Dutchess County Airport. The COP land use designation and the three COP Districts are located adjacent to the Airport Industrial (AI) District and have frontages on Maloney Road, Airport Business Center Drive, New Hackensack Heights Road and proposed County Route 11. "With the exception of the small portion of land fronting on New Hackensack Heights Road which is classified Medium Density Residential, it is proposed that the recommended land use Page 12 950724.RGM classification of COP Area #4 be changed from Conservation Office Park to Industry and that the area be correspondingly rezoned from COP to AI. The small area designated Medium Density Residential would remain unchanged. "Reclassifying the recommended land use would enable the rezoning of the vast majority of this area to AI. This would permit a broader range of uses on smaller, more affordable lots. Further, this classification and zoning are appropriate given the area's proximity to Route 376, the Dutchess County Airport, Airport Business Center Drive and the possible future connection to proposed County Route 11. The increased development density, smaller lots and broader range of uses will permit and encourage more intensive, economically feasible and productive use of these lands, and help to maintain an appropriate balance between residential and non-residential uses. "The increase in the number and type of permitted uses will increase the likelihood of the development of these lands, thereby increasing the potential for attaining the non-residential tax base and employment opportunities planned for this area." The question of adoption of the foregoing Resolution was duly put to a roll call vote, which resulted as follows: ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye The Resolution is hereby duly declared adopted COUNCILMAN INCORONATO had some questions regarding Residential Schedule Outdoor Storage #43. Mr. Stolman of Frederick Clark Associates explained that Item #42 and #43 are regulated separately and a special use permit is required for item #43. COUNCILMAN INCORONATO also had some concerns regarding Adult Uses. Page 89 section 440.26.2.3 Which states No. "Adult Use" shall be permitted in any "building" which is located within four hundred (400) feet of any residential zoning district. What effect would 500 feet have. Mr. Stolman explained that the original proposal was 500 hundred feet, but because it is a first amendment type of use, 500 feet would be unconstitutional and would not stand up in court. Also from the Dutchess County Department Planning and Development in their comments on the proposed change to the Comprehensive Plan, Page 13 950724.RGM COP Area #3 located at Route 376 and CR 93 (Myers Corners Road) recommends to modify the one acre minimum lot size of the Conservation Commercial district to two acres, if this area is to be included in the CC district. Otherwise, the difficulty of developing commercial sites on one acre while not exceeding the maximum of 40% impervious surface coverage may lead to numerous request for zoning variances. Also, using a two acre minimum would result in a safer number of entrances and exits onto a major road. MR. INCORONATO tends to agree with them. On this comment, Mr. Stolman explained that Zoe Neaderland, Junior Planner from the DC Department of Planning made a number of good suggestions, and may not realize that we are not proposing to change the CC District. Also she may not be aware that last year the first set of zoning amendments were made, this year the second set and we will be going on to continue to work on the zoning amendments. She made a number of good comments, but she does not realize that we are not working on those sections of the zoning ordinance just yet. COUNCILWOMAN VISCONTI moved to adopt the Local Law as drafted seconded by Mr. Valdati Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to authorize the Town Clerk to file 5 copies of the Local Law. Seconded by Mr. Incoronato 0 Motion Unanimously Carried At this time COUNCILMAN VALDATI was recognized by the Chair, and made a motion to authorize Attorney to the Town, Al Roberts file an injunction against Bombs Away Deli for violation of their site plan. Seconded by Mrs. Visconti COUNCILMAN VALDATI moved to amend the above motion authorizing Attorney to the Town, Al Roberts file an injunction against Page 14 n D or 950724.RGM Bombs Away Deli for violation of their site plan and "also authorize the him to take whatever steps necessary to seek compliance to the Town Zoning Laws." Seconded by Mrs. Visconti Motion Unanimously Carried Next is request from Ann Buckley, Comptroller for the following Budget Transfers. In order to pay BAN Principal: Increase 9730.7A (BAN Principal Plant Exp) $214.00 Decrease 9710.7SP (INT Pay Plant Exp) 214.00 In order to pay BAN Interest: Increase 9730.7A (BAN Interest) $3,162.25 Decrease 1910.4A (Unallocated Insurance) 3,162.25 To move monies to pay for waterline connection at Highway Garage (authorized by Town Board on March 22,1993) copy of minutes attached): Increase 1440.4A (Engineer Line) Increase 599 (Appr. Fund Bal) $69,000.00 69,000.00 COUNCILWOMAN VISCONTI moved to authorize the Budget Transfers as requested by Comptroller, Ann Buckley. Seconded by Mr. Incoronato Motion Unanimously Carried Bids for the proposed parking facilities and access road for Phase I Airport Drive Soccer Project were opened on July 24, 1995. All Bids were in order. Five (5) Bids were received, the lowest being Ameri-Tech Construction & Development at $84,999.00. After verification of the bid documents, it is the recommendation of Engineers to the Town, Paggi & Martin, upon approval by Attorney to the Town, of a Performance Bond, that Ameri-Tech Construction, be awarded the Contract for the Airport Drive Soccer Project as low Bidder, with a Bid of $84,999.00. COUNCILWOMAN VISCONTI moved to award the Contract, based on the recommendation of Engineers to the Town, Paggi and Martin, to Ameri-Tech Construction & Development for $84,999.00 for the proposed parking facilities and access road Phase I, Airport Page 15 Drive Soccer Project. Seconded by Mr. Valdati 950724.RGM Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to authorize the Supervisor to send a letter to the Soccer Club stating the field will be used in an "as is" condition and will be monitored during the fall of 1995 season, to see what minor improvements can be made. Also to be included in the letter, a request for a Roster, the Town of Wappingers vs Outsiders. Seconded by Mr. Ruggiero Motion Unanimously Carried UNFINISHED BUSINESS The last item for the Boards consideration is correspondence from Attorneys, Mackrell, Rowlands, Premo & Pierro, for notice of a possible claim on behalf of Chelsea Ridge, Inc. COUNCILWOMAN VISCONTI moved to accept correspondence, place on file, and authorize Attorney to the Town to defend Town if needed. Seconded by Mr. Ruggiero Motion Unanimously Carried There was no other Business to come before the Board. COUNCILWOMAN VISCONTI moved to adjourn the Town Board Meeting, seconded by Mr. Incoronato and Unanimously Carried. The Meeting adjourned at 8:32 P.M. Elaine H. Snowden Town Clerk Page 16 In 950724.PH A Public Hearing was held by the Town Board of the Town of Wappinger on July 24, 1995 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law Amending the Zoning Law and Map of the Town of Wappinger. SUPERVISOR SMITH opened the Hearing at 6:00 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Engineer to the Town Dan Wery, Frederick Clark Associates David Stolman, Frederick Clark Associates 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 of the Minutes of this Meeting. SUPERVISOR SMITH announced that the purpose of the Public Hearing is for the second portion of the Zoning Ordinance that is being updated. The first portion, Definitions, passed in the beginning of the year and tonight, some new Amendments. The chair recognized Cindy Greer of Greer Toyota from the audience. Ms. Greer was most interested in the proposed amendment Schedule of Use Regulations Section 440.18.4 Motor Vehicle Sales Establishments and had submitted a semi -site plan, with a sketch of what 70 cars per acre would look like. She said most Auto Dealers should be able to handle 70 cars per acre. Supervisor Smith called upon David Stolman, of Frederick P. Clark Associates to read the proposed amendment, Section 440.18.4, Motor Vehicle Sales Establishments. SUPERVISOR SMITH asked if anyone else in the audience had any questions or comments. Page 1 950724.PH Scott Gregg, the Reporter from the Poughkeepsie Journal inquired, is the minimum lot area being lowered from Five acres to Three? Mrs. Smith responded, yes! That will bring it upto compliance that already exits. There were no more comments or questions. COUNCILWOMAN VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato, and Unanimously Carried. The Public Hearing closed at 6:07 P. M. ?�� e K� Elaine H. Snowden Town Clerk Page 2 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF r OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING THE ZONING LAW AND MAP OF THE TOWN OF WAPPINGER ---------------------------------- STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. f That on July 12, 1995, your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law amending the Zoning Law and Map of the Town of Wappinger 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. C Elaine H. Snowden Town Clerk Town of Wappinger r Sworn to before me this �:l day of Lx -(.1 , 1995. -� YL -- I - NOTARY PUBLIC JUNnA M. LIIrenj NOMry Public, state of New York No 2381720 OU811fied in Ow, t-• , roiinty Ci00UNaslon E>pt,(,, 1U,31/1Z45 Southern Dutchess News 4 NOTICE OF�PUSUC HEAR11 }rTOWN OF WAPPINt3ER NOTfCE-is HEREBY GIVEN the Town Board of II, ,Nand conduct a Public of (�yyo�ft on 111024th daydJuh, leg 'ataitbh all Wappinger, 20 Mlddl 9ouU WaF Dartos in want and oft" shall l lord as to whether the.Town Board Of the Town cif 10 001LocalLow Amending tM,Zoning Law a 1YVA rpar", by the- addkions to, or.revolons and Ae-I sfW' Or Sections dBs Zotlkg Law and Zoning Nh day d November, 1880, and a subsequam } •readier•PLEASETAIEFURTHERNOTICEth lrltsrdt o generally summarindm blows s low 404.31,'Non-Cotdonning Use d Stnrchs i ' tobadwdo**N CImftthona eofnori. 1 PbM exbnt o which they may M enlarged or 1 2. Anaw- cow. Sectlon410.224,requkingthe aaa i )VIDW added. Zlon430.%peowParmkUsei'hosbeenafa 1;N$ darty fit nehse d eP-W Permit tees 2 4. appy sectionsa and for apsgal PermitPemay be 440 through 448.818 1 n ZoniYar to provWa for a oomlatent numbering aya � & ` tam 440,1ndlNdual 8taldardsand Rep ,, Fo"Untie•,hasbeenedbdandre*WWtoImprove ?1100ft to the special use permit procedure and it tXthe respeadve special permit uses. 1114 441, which este forth approval standards 'ave nnoval of With material has been deleted in tls 1; ' isotlsh 442; "Designod Ra M U f "lopmsnt 4011141rMnd dbbegerdefineandCis*titstandards UNaWDevelopment: PlanWINbeholdwhop9%Town ' $90w, 443, isle Hen• Park", has been reow bMwdsBrlh end clarify the standards of the dlmemlon 11111n4 Petroleum gas, fuel uiY:and,n eel torth tit procedures f or appNoln Town Board, , ) ls of Use Regulations Non•ReN ices the reference to Section 444wil ng oPOawlks Filling stations•. Ser( ade','Gesdkte Filling BiWon• and ` =0* location requkemenb storage and if tata NOMs�betw«n my ..Born. and g» 110.2 10. 7re0111 445, •Aoosswry Apartments•, will be M Iafiaaod bye new sacgon• Bacton 440.4, which bow spspYPs oM maintenance, Parking and structure requi mlN ePPlloatlon e ocduralTO (1 lien 448.101. `Mild; Use Dish or, vA be de Me of Use Regulations' WIN be amended tc 1 #0 Mbed Use District (Min; and I tie 'Sc one; Non -Residential Districts', will be. amen _n1grnlayL1os"Dlafri7r,whIch wa*v m donsny, Parking requlremwds, bu8e Mgtl�enTNris• and the 6 for parcels in IM Hill �bsaA doleMd in Ns entlrely and the Scher" of U aaollonDistricts, amended to ellminato 44t1.501 Profeseonal Office and Studio hmbonrenumberedandamendedtobs twdaflneand (Nke and sli do was are Permitted In rNkle 1 000' 44 are allowed, to what *Mari @Mensal W1110eeqtrrs•Iodlep* such use WIN be perrnpttd to W000 balluticins on the amount of parking olWrft p E1441EA48.801.'Farm Urs', hasnd drlry the mature and.iaerlt d 48.701. ConversloriofF-xoting to boder define and clarify the stand b sw4ort certain structures to..two•family a Ma11o1f44&801 •PlaossolW ors F hes been bMi W*00 and daft the Polmo WMISs of PN t1alMee a 0 religious schools. 17rftdbn440;0;W; "Collegss;Sdowls has been ren duMas and dargy the di ..anal, frontage: "Oftnents of a private schod or callage'use is. ONOW448.BD3. pwWningto ubrarWo wW MM,, PrM*"#"'Sdedula d Us* Regu Wlom —Non -B so as to dtarge the Noted use:."Nd-for-pr told 0- *' o read:-'Libraros, museums, and art On and Pladoal o access a primary or calls h MaeMor448 -Temporary Map In the Town Compo Outdoor Use", has �trteiidW a Getter define and darty the standads t atdioor otando for the dleplay of fiald end gar W�18.805 has been renumbered and amen 1 " Y arsional, occupancy, �aestheric, strut 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FA ILS NEW YORK - 12590 iuthodzoe the Planning Board to impose necessary conditions to Ply And subjects, other wee which contain an'EnteAalmortl Use' uses) to the raWksmentaof Section 440.27.' kn onornetorlso will be added, Section 440.28, which Mates: �1�e be subject to the review and approval of all County and State Nev fanl huy have Wriedfction thereon.' D.. •tie • nMien, ' waacturing, Fabricating, Finishing, Assembling or tons I�pli kW.29, will be added, which limits where equipment, materials ti may,ba stored based upon factors such as.ete �.e and 40.0 Kly klvaNed and Proximity to adjacent landowners. en0ppLm section 'ratoo P~, Section 440.30, will be added= align requirom«deforouooparlors, sewwe�e,requkingthat tetoo AFFIDAVIT OF PUBLICATION ! worn with all zoning and Town. County, State and Federal laves i, Win. Park �11,1112D2.'Dofinklono', will be amended to add the following new ld'r�.'Belk and Breakfast Estaboshmenr; 'Commercial Recreation owFck•;" .comnw or: .enh;Ex«a..aP11 �• State of New York, acraetlon Cknb'' LE 11,1202,•De"niton ,will bo amended to better dally the scope rro:"Boarding Houseand'HomeOccupd • Ithefollowing degniton' Count of Dutchess Y , LE IVSection,420, 'Dwrict Regulations' has been amenddd by pvbad'schedulae d Use'Reguistbns for' Non- and Town of Wappinger. Diefrids and by adding and deleting certain uses from certain col _, fid ARTICLE IV will be amended (1) by deleting Sections 421.1 ,1.5, the Nob of Dermtllad uses for the residential districts, and 122.1 through 422.12, the lob of permitted wee for the non- "tdM,intheko""",and(2)byrooso pthemwtlhnewsectom Joan Miller Ih schedules to better define and clarity tit districts. uses, and I ............ • ............... • .......................... . which o Resklani w Districts and Non-rsekfentw Districts. RlptvY t of the ILEV, Section 521, "General Rule•.will beamended toWar dd- Town of Wappinger, Dutchess County, New York, what actions require a building Permit. INbn to the foregoing zoning ted changes several parcels will be I Not forth an the sidached'SCHEDULE OF PROPERTIES TO BE being duly sworn, says that he is, and at the several A times hereinafter was the ..Bookkeeper /1KE FURTHER NOTICE that almultaneoueyvvith the conduct Of tit wing on the adoption of the proposed Loom Law. tit Town Board w8 uct a Public Hearing on a proposed Resolution to amend On Town's wnNePlan which will reclaaHyoerwnareuPreviously designated of the SOUTHERN DUTCHESS NEWS, a Conservation Office Park and Office to otter non-roalder":elks 'AM FURTHER NOTICE that ftTownBoard has roserAd bright newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New •liaEfor(W Wand inspection and that the annexed NOTICE was dui .ilabla tar tovisw and InsP«aion !t the Olna'd the Toryncl � ,:j Y 1 from ItZlern to 4MOpin `4 BY(MTROWNOFTOWNP. 00,RD�published in the said newspaper for ,one...weeks OF THE " DATED; JULY 8, 1001-k' A l j s ,SIQNED:,ELAINEBNOW9)6i�tti � successively in each week, commencing on the TOWrt.CLERK, 7 , da of SCHEDULE OF PROPERTIES TO BE REZONED ` ', ... 1.2.th Y „ J U l y 19 9 5. and on the Tha r 1--rds- loved below shoo be rezoned Y kdlcatax(" " ` :following dates thereafter, namely on and ending on the ..J.Zth.... day of ..J.u.lx..... 19..9 5 both days inclusive. i Subscribed and sworn to before me this ... l t.h .. day of ....... J .1 . � . 19 9 5. .......... Notary Public My commission expires ................................. AACHeL VW&fART 9t )t'Al y FtI?I..IC, STATF. CF't:YJ yt>1ty( NALIFIT?U Bf 1?U'C'?;:SS G13Uc'J17 F! `I NLI 5510N EXPIi3f.S MARCH ?I i4,1�, an -'/i Sex N•D �1�e Carrent Nev fanl • D.. •tie • Wru tons 4137-02-107773 40.0 COnf.rvatlen en0ppLm Win. Park ({C) COP �1a7.OY71lffo, 34.0 col _, &' Pl•nn.4 Industria 43a7.07 063904 .r„ :, P ---- 4187402•467674 is ! RlptvY t Hf*/C '•-. 6254.07•a1f3U, JF 421.-.3-3693:3 4311-01.749747 114.0 "'� cup Cinaervatlen 43N}01-306!27 {.4 ..al9ir.Y 7° k° :,' M-07-{03774. -783743. 740.0. , J ua •� ''Montt Andu.trial, {739 -icer 43$9-02-44 147 3, • 9739-04.1{7{OD, -y ' 9259-64-60200� ✓ `Y Parc of , 4.3 col},a•�0 1-:. 42SO-04-101410 '` tu11Y R..Id.ne. :following dates thereafter, namely on and ending on the ..J.Zth.... day of ..J.u.lx..... 19..9 5 both days inclusive. i Subscribed and sworn to before me this ... l t.h .. day of ....... J .1 . � . 19 9 5. .......... Notary Public My commission expires ................................. AACHeL VW&fART 9t )t'Al y FtI?I..IC, STATF. CF't:YJ yt>1ty( NALIFIT?U Bf 1?U'C'?;:SS G13Uc'J17 F! `I NLI 5510N EXPIi3f.S MARCH ?I i4,1�,