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1992-04-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 27, 1992 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. March 23, 1992 4. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer Sloper-Willen Financial Statement 5. PETITIONS & COMMUNICATIONS a. Notice of Public Hearing from Village of Wappingers Falls b. Corr. from A. Roberts, Attny to Twn, re: LoGuidice Property (Swimming Pool on part of Town Property) c. Karen Evertts, Dorothy Hghts, re: drainage, &, Authorization to J. Paggi & A. Roberts to obtain easements, &, H. Supt to do work d. Requests for permission to attend Seminars from: G. Foster, Cornell, 6/8 thru 6/10: T. Logan, 1 day at E. Greenbush, 5/8: Ping. Bd.,.D. Co. Ping. Fed. 5 - Night short courses w -'b A4-" e. M. Dolan, Cable TV Consultant, Corr. on Service interuptions f. G. Foster, re: Ryan, Gold Rd., Drainage Project. g. Requests to hook into Town Sewer Systems: (1) Jas. Wornell into Rockingham: (2) Eugene Vest, Cedar Hill, & H. Van Kirk, Myers Corners Rd., into Wappinger Sewer Imp. h. Reports from Camo & J. Paggi, respectively, re: hook-ups to Town Water/Sewer for: (1) Evergreen Estates, Metzger: (2) Rood, Widmer Rd.: (3) H. Cuatt, Old Hopewell Rd. i. R. Holt, Rec. Comm. Ch. re: (1) amendment to Rec. Fees for Baseball Camp: (2) agreement w/Wapp. United Soccer Club j. M. Rudikoff, Planners East & R. Arnold re: proposal for Zng. Law Revision work k. Proposals for Senior Citizen Expansion 1. Terms of Office for H. J. Maurer & J. Mastrioanni, Rec. Members, Expires May lst (5 year terms each) m. A. Roberts, Corr. re: Westchester Co. case regarding SEQRA n. Applications for Hawking & Peddling Licenses from: Albert Scarchelli, Jr., & Joanne Minutolo o. Correspondence re: Town maintenance of Hughsonville Fire house grounds p. Authorization for World War II monument at Schlathaus-Brexel Par q. Malcolm Johnson, Scott Dr., re: Skate Board Facilities r. Darlene & Jas. Seckler, Fenmore Dr., re: "Caution -Children at Play" sign s. John Hannigan -Linda Kleinheinz, All Angels Hill Rd. -Drainage t. Request use of 7 Voting Machines for June 3rd School Budget Vote 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT H. Levenson report 8. RESOLUTIONS a. Consider adoption of Local Law - SEQRA amendment b. Consider adoption of Local Law - STOP signs c. Consider Alpine Rezoning d. Change date of May regular T/Bd. Meeting to May 26th e. Request from Comptroller (3/9/92) for reserve Fund balances & suggestion for Surplus Fund Balances for 1.Salt Shed 2.Emergenc bldg. 3. Cranberry 4. Equiptment purchase 4. Ardmore water reserve to pay back CWW f. Accept Report from Fire Inspector re: Braker g. Resolution for Braker Associates -to declare unsafe structure & authorize the demolition & removal of same h. Consider either purchase of Lawnmower or proposal from Lehigh for Grounds upkeep i. Authorize H. Supt. to do necessary ditch digging for New Hackensack Fire Co. (water line) J. Consider accepting the new Highway Specifications k. Authorize Paggi & Martin to prepare Parial Phase III Map, Plan & Report for surrounding Rte 9 Corridor T/Wappinger Agenda 4/27/92 Pg. 2 9. UNFINISHED BUSINESS Accept Correspondence from Bd. of Elections re: Custodian appointment 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARINGS BEGIN AT 6:35 P.M. 6:35 SEQRA amendment 6:40 Alpine Rezoning 6:45 Traffic Control—STOP signs M� RMI]2192 The Regular Meeting of the Town Board of the Town of Wappinger was held on April 27, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert, Wallace, Councilman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent Herbert Levenson, Zoning Administrator All ,joined in the Pledge of Allegiance to the Flag at the commencement of the Meeting. The Minutes of the Regular Meeting of March 23, 1992, having been previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the Minutes of the Regular Meeting of :March 23, 1992, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Wallace Motion unanimously Carried Reports were received for the month of March, 1992, from the `Down Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer and Sloper-Willen Financial Statement for January and February 1992. MRS. VISCONTI moved to accept the Reports and place them on file. Seconded by Mr. Mills Motion unanimously Carried PETITIONS & COMMliNICATIONS --- Notice of Public Hearing schedule on April 8th, 1992 re Rezoning; was received from the Village of Wappingers Falls. RM42792 MRS. VISCONTI moved to accept the notification and place it on file. Seconded by Mr. Mills Motion Unanimously_ Carried Correspondence was received from the Attorney regarding encroachment on Town property by residents at 33 Daisy- Lane, LoGiudice property. The survey map indicates that a swimming pool owned by Mr. & Mrs. LoGiudice is partially on Town park property. Mr. Levenson noted that the property owner was in the office of the Building Inspector for a demolition permit to remove the deck portion that appears to be on the Town park property. Since it is park property, it would be most probable that special state legislation would be required to authorize the Town to enter into any arrangement with the property owners. The matter was referred to the Zoning administrator to follow up on the demolition permit and other permits required for the new construction and report to the Board for discussion at their next work shop on May 11th, 1992. Karen Evertts, 37 Dorothy Heights, ?:rote to the Supervisor regarding a drainage problem between her home and ##39. The Supervisor asked for a motion to authorize the attorney and the Engineer to proceed with the process of acquiring easements and authorize the Highway Departmentto do the work. Mr. 'Mills added that he had a call from Mrs. Contides at 42 Dorothy- Heights, which is across the street from Evertt.s, to inform him that there is water running behind her property- to Meltzer and Costello. It looked to her that it might be due to word being done on Imperial Boulevard, a Village road, which is causing this problem since it appears to be a new problem not related to Evertts, although that is just an assumption. Mr. Foster added that he had walked the area and it appears that on the Town/Village line they are doing some work which could be 101 RM42792 causing additional problems. He intends to have the residents that: are affected by this problem reported by Evertts, sign off when the ,job is completed, so they won't. have any additional problems down the road in the future. MR. MILLS moved to authorize the Engineer and the Highway Superintendent to investigate the situation, authorize the Attorney to send letters to the affected residents, authorize Engineer and the Attorney to proceed with the acquisition of the required easements and authorize the Highway Superintendent to to proceed with the work. Seconded by Mrs. Visconti Motion Unanimously Carried Requests were received from the following Town Officials to attend various seminars: Graham Foster, Highway Superintendent, Highway School at Ithaca College, June 8,9,10; Thomas Logan, Assessor, one day seminar on Assessment Administration East Greenbush, New York, May 8, no cost to Town; Planning Board, Zoning Board of Appeals, Zoning Administrator, Secretary- to Planning and Zoning, short night courses, Millbrook, New York, Dut.chess County Planning Federation Planning & Zoning, April 28, May 7, May 14, May 21 and June 4, 1992. MRS. VISCONTI moved to approve all requests for seminar attendance and legitimate expenses will be a Town charge. Seconded by Mr. Mills Motion Unanimously Carried Correspondence was received from Michael Dolan, whom the Town has contracted with as a Cable Television Consultant, regarding phone calls he received from our residents in reference to areas affected by outage on April 7th, A.M. and April 8th P.M. Mrs. Smith explained that she had notified Mr. Dolan abouta three day partial outage, however the Cable Company only admits to this happening on two days. The policy is that after a certain length of time, the affected residents are supposed to be reimbursed. The Manager of our Cable Company offered the RM42792 Supervisor a refund since she was affected, however the other residents were not included since no complaints were received from them. Mrs. Smith didn't go for that and she has turned the matter back to Mr. Dolan to follow up and hopefully obtain refunds for all. Idi MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace '`lotion Unanimously Carried Mr. Valdati noted that Mr. Dolan seems to be on the joie and has asked for an audit of all the franchise fees paid to the Town since January of 1981 to present to determine if we have been given our fair representation. The Highway Superintendent wrote to the Board regarding a drainage project on property of Ryan, Gold Road. The property was rejected for. a. Certificate of Occupancy in December of 1990 because the roadside swale presented a safety hazard_. The house is now owned by the Riverside Bank and they wish to obtain a C.O. They have agreed to purchase the pipe if our Highway Cres: installs the pipe. MRS. VISCONTI moved to authorize the Highway Superintendent to purchase the corrugated metal pipe and do the drainage work required on the Gold Road property. Seconded by Mr. Wallace Motion Unanimously Carried Several requests were received from residents who dished to hookup to the various Town sewer lines. The first was from James Wornell, 25 Edgehill Drive, who had an emergency situation with sewerage backing into their downstairs living area. They required permission from the Board to hook into the Rockingham Farms Sewer District. MR.VALDATI moved to allose Mr. j+ornell at 25 Edgehill Drive, to hook up to the Rockingham Farms Sewer District, due to the R`1 '12 792 emergency situation. Seconded by Mrs. Visconti Motion Unanimously Carried The second request from Eugene Vest, 304 Cedar Hill Road, for hookup to Wappinger Sewer Improvement Area #1. He must be in the Improvement Area and have a valid building permit prior to Dec. 3+1 1990, in order to be serviced. MRS. VISCONTI moved to authorize the hookup for the Vest property at 304 Cedar Hill Road to the WSIAwl. Seconded by Mr. Mills Motion Unanimously Carried Mrs. Smith had a call from Mr. Maldanato, 7 Eck Road, an emergency situation, requires hookup to WSIA#l. She referred him to the Dutchess County Health Department and once they get approval from that agency, the Town Board will act on this request. Mark VanKirk, Myers Corners Road, asked for permission to hook into the Wappinger Sewer Improvement Area #1. MRS. VISCONTI moved to allow Mr. VanKirk, Myers Corners Road, to hook into the Wappinger Sewer Improvement Area 41. Seconded by Mr. Wallace augmented by another water supply, possible Atlas Water. Motion Unanimously Carried MRS. VISC'ONTI moved to accept the correspondence and place it Mrs. Smith had a call from Mr. Maldanato, 7 Eck Road, an emergency situation, requires hookup to WSIA#l. She referred him to the Dutchess County Health Department and once they get approval from that agency, the Town Board will act on this request. Seconded by Mr. Wallace Motion Unanimously Carried \\A A report was received from Paggi & Martin regarding tieing in the Evergreen Estates subdivision into Central Wappinger Water Improvement Area. The property is not located in this Area and the Engineer recommended that the parcel not be served until CWWIA is either improved or augmented by another water supply, possible Atlas Water. MRS. VISC'ONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried \\A RM42792 A report was received from Camo Pollution Control regarding a complaint received from Mr. Rood of 8 Widmer Road in the Wildwood Sewer District regarding a blocked sewer lateral. It was determined that Mr. Rood is not in the sewer district; he is paying neither tenant rates nor benefit assessment charges. This will be discussed at the May 11th, 1992 work if shop. At the request of the Board at the January 27, 1992 Meeting, the Engineer prepared a report. on Wappinger Sever Improvement Area #1, New Collector Lines, regarding a previous request from Hank Cuatt, Old Hopewell Road, as to when he may expect sewer service from the Town. There are several properties in that area in the same category and the bottom line is a time frame of December 1995. Mr. Paggi explained the situation briefly and informed the Board that a T -,=h shop was needed to go into detail as it could be a lengthy discussion. The Supervisor scheduled a work shop for June 8, 1992 for this matter. A request was received from the Recreation Chairman to amend the Recreation Fee Schedule to add a charge for the use of Town facilities for a summer baseball camp. They proposed a charge of $50.00 per day for requests to use Town propert;- for summer camps/clinics. MRS. VISCONTI moved to add this Amendment to the existing schedule of Recreation Fees, previously approved by the Town Board. Seconded by Mr. Wallace Motion Unanimously Carried The second correspondence from Mr. Holt referenced the Soccer Contract for 1992. He recommended certain changes be made in the contract prior to the Town executing same. MRS. VISCONTI moved to authorize the Supervisor to sign the contract with the Wappinger. united Soccer Club for the 1992 Season with the amendments recommended by Recreation Chairman. Seconded by Mr. Valdati Motion Unanimously Carried �0 RM12792 Proposals for Zoning Law Revision Work were received from Rudikoff Associates, Inc., Planners East and Raymond Arnold.. Mr. Arnold has requested that he be allowed to meet with the Board Members to discuss his proposal. MR. MILLS moved to have Mr. Arnold at the May 11, 1992 work shop to present his proposal for the Zoning Law Revision Work. Seconded by Mr. Valdati Motion Unanimously Carried The Town received proposals for the Senior Citizens expansion study. They will receive a CD grant in the amount of $20,000 for this study and once this is done and they have a figure set for the cost of said expansion they will appl- for another grant to do the work. Hopefully there will be money left from the money allotted for the study and this can be applied to the actual project. The Dutchess County Planning Board had advised the Town to obtain three quotes for these professional services and retain the services of the most viable professional firm, not necessarily the lowest quotation. MRS. VISCONTI moved that ARCHETYPES Architecture & Planning be awarded Phase 1 of the Senior Citizen Expansion. Seconded by Mr. Wallace Motion L'�nanimcusly Carried The terms of Hugh J. Maurer and Joseph Mastroianni, Recreation Commission members expire May lst, 1992. The Board was asked to consider filling these vacancies. The following Resolution was offered by COUNCILWOMAN VISC0 TI who moved its adoption: RESOLVED, that Barbara Gutzler, be and she is hereby appointed as a member of the Town of Wappinger Recreation Commission to fill the vacancy created by the expiration of the term of Hugh J. Maurer, and BE IT FURTHER RESOLVED, that the term of the said Barbara. Gutzler will be for five years, expiring May lst, 1997. Seconded_ by: Councilman Mills Roll Call Vote: 5 Ayes 0 Nays �1� RM42792 The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Joseph Mastroianni be and he is hereby reappointed as a member of the Town of Wappinger Recreation Commission and, BE IT FURTHER RESOLVED, that the term of the said Joseph Mastroi.anni shall be for five years, expiring May 1st, 1997. J` Seconded by: Councilman 'Mills Roll. Call. Vote: 5 Ayes 0 Nass A letter was received from the Attorney to the Town regarding a court case recently heard. in Westchester County on municipal action subject to SEQRA. This was referred to the Board for their information. MR. MILLS moved to accept, the correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously- Carried Two Peddling License Application were received ---ore for renewal (Joanne Minutolo) and one original (Scarchilli, Jr.) Due to problems with enforcement of the regulation to move the vehicles (1,000 yards every half hour), the renewal license was referred to the Board for their consideration. Mrs. Smith preferred to table this one for review. The second application could be subject to different regulations -if the Town Board amended the Ordinance. It was agreed that they would both be tabled. MR. MILLS moved to table consideration of both applications for Peddling Licenses for further discussion of an amendment to the Ordinance, at a future work_ shop. Seconded by Mr. Valdati :lotion Unanimously Carried Correspondence was received from Carl Wolfson, Attorney for Hughsonville Fire District regarding maintenance of their grounds. It seems that the Town. of Wappinger Recreation Commission will be assuming this responsibility- of maintaining R" X12 % 9 ;> the Hughsonville grounds this year and have so notified the maintenance man who has done this for several years. The letter received informed the Recreation Chairman that this maintenance man was being retained to do the Hughsonville Fire District grounds since the attorney maintains that the. Town has no authority over their property and they intend to maintain it the same as they have in the past. The Attorney addressed this correspondence to the Recreation Chairman, Ralph Holt and invited him to contact him if there were any questions on this action. The Supervisor pointed out that the Town has been paying Mr. Baisl.ey in the past, but, now the Recreation Department has the equipment to do this and she felt the Town could save some money on this. MRS. VISCONTI moved to refer this matter to the Supervisor to respond to the Attorney for the Hughsonville Fire District. Seconded by Mr. Wallace Motion Unanimously Carried The neat item -,,as in regard to a World War II Memorial to be placed at the Brexel-Schlathaus Town Park, which will be sponsored and paid for by John Parsons, brother, Bill and wife, Helen. This memorial will be for the sixteen million men in World War II & thereafter; it will located on the corner of the Schlathaus property at the corner of All Angels and Myers Corners Road; the statue will have a 25 foot base, a soldier kneeling beside a bayonet stuck in ground with a helmet on top indicating that one of his pals has passed away. When finished the monument will stand approximately 12 feet gall and the American Flag will fly over it and will be illuminated at night. This will be funded by the three Parsons and any and all contributions will be greatly appreciated. This was explained to the Town Board at, a previous work shop and Mr. Mills, as a Veteran of World War II, gave this presentation on the project,. The sponsors require approval from the Board to place this monument on Town property and for the changes and additions RM42792 that will be made to the Park. MR. MILLS moved to authorize John, Bill and Helen Parsons to proceed with the Wappinger War Memorial at the Bre-,el-Schlathaus Park. Seconded by Mrs. Smith Motion Unanimously Carried Mrs. Smith stated that she supported this project 100% and thanked the Parsons for their contribution of the World War Monument for the Town as she considered this "a feather in our cap". They also wish to appoint a four person committee, (the three sponsors and Connie Smith) to oversee spending with Connie being the only one authorized to sign checks. MR.. MILLS moved to establish the Four Person Committee for the Wappinger War Memorial. consisting of John, Bill and Helen Parsons and Supervisor Constance Smith and authorize the Supervisor to sign the checks for the expenditures for this _ Memorial. Seconded by Mr. Wallace Motion Unanimously Carried Malcolm Johnson, 56 Scott Drive, wrote to the Board regarding the need for skate board facilities for the youth of our Town. He is putting together plans for such a facility and hopes that the Board agrees that the need is there and other recreational activities can be incorporated into such a project. It dill be a private facility and he needed ideas on hot. to raise money for this undertaking and also the support of the Town. MRS. VISCONTI moved to accept this correspondence and place it on file. Seconded by Mr. Mills Motion Unanimously Carried A request was received from Darlene and James Seckl.er for a "Caution -Children at Play" sign to be placed on both sides of Fenmore Drive, due to the significant increase in traffic and 1�q RM12792 excess speed of the drivers that they have noticed since they moved here in June of 1991. The Highway Superintendent agreed and felt he should expand on the placement of these signs. MRS. VISCOtiTi moved to authorize the Highway Superintendent to place the "Children at Play" signs requested by the Secklers' using his oc.:n judgment on the specific location on Fenmore Drive Seconded by Mr. Mills Motion Unanimous"y Carried A drainage problem on property- of John Hannigan causing problem on the property of Linda Kleinheinz was previously discussed at a work shop and the Engineer told Dr. Hannigan what had to be done to correct this situation. The water will still run down hill, but with a minimum amount of work on Dr. Hannigan's part it. could be lessened. In a more general sense, the Engineer has looked into rerouting some of the water in that area and Sherwood Heights into the County drainage system. The Count,, however, is taking the position that if they do that they will need to reinforce the existing drainage structure that exists under All Angels Hill Road and obtain necessary easements from the downstream people. It was his position that the �,ater gF_•ts there anyway and not just a trickle, but very quickly. Since this was the position of the County, it might. not be a viable project, and without this work, the uphill people will just have to cooperate and make an effort to channel and direct the water to one location and if this happens, it can lessen the problem. MRS. VISCONTI moved to authorize the Supervisor to send letters to Hannigan and Kleinheinz, also the residents of Sherwood Heights, outlining the problem and inviting them to a meeting to discuss the situation and possible remedies. Seconded by Mr. Mills Motion Unanimously Carried Mr. Mills amended the original motion of correspondence to the RM42792 two involved residents and suggested that they include the residents of Sherwood Heights since that, is where the water is dumping from and when they realize the situation they will probably be willing to work together to help the downhill residents. J, Although there was no correspondence on the neat, request, the Town Clerk, anticipating that the school would be needing the use of our voting machines for their annual school budget vote, put the item on the Agenda. MR. MILLS moved to approve the request from the iiappiner School District for the use of seven voting machines for the annual school budget vote on June 3, 1992. Seconded by Mrs. Visconti Motion Unanimously married COMMITTEE REPORTS --- Mr. Mills, Dial -A -Ride, meeting this past week, Mr. Solomon, Dutchess County Planning Department, spoke on long range plans for transportation in the County. For a Dai- in the Park, Sept. 17, rain date, Sept. 18, transportation is available if ,you call by August 14 to make reservations. There have been inquiries about this service on Sundays and though it is not available for church services, it is for shopping centers. On May 6th, 5 P.M. at the Bardavon Theatre in Poughkeepsie, MTA will hold a Public Hearing for the American Disability -Association to talk about upgrading railroad cars and stations along the Hudson. They have to 1993 to make the stations disability accessible and until 1995 to have one car on every train accessible. Mr. Valdati, Highway, received correspondence from Village people about clearing sidewalks of grit and gravel. Mr. Foster noted that. he was having mechanical trouble with the old tractor that's 20 years old and it is difficult to find parts, however he does have a hydraulic motor in house and now that his mechanic is back they may be able to do something with that. a RM12792 He further noted that he will be doing from Mesier Avenue to Brookside Gardens. Recycling --going fine at Highway Garage. There will be a new pile of mulch very soon and the residents are welcome to take it on Saturdays up to noon, also wood chips and composted leaves. Mrs. Smith announced that starting May 9th, the residents may dispose of corrugated cardboard at the Recycling Center. Royal Carting has donated the closed bin for the flattened cardboard. This will be part of the Saturday program for disposal of garbage and recyclables. Neither Mr. Wallace nor Mrs. Visconti had reports for this meeting. Mrs. Smith thanked Mrs. Visconti for filling in on the Dial -A -Ride Reports for the last three months. BONDS/LETTERS OF CREDIT --- Mr. Levenson that the reduced L/C was received from Noto Subdivision for $250,722, expires 8/1/93, Red Hawk Hollow Subdivision, $177,260.44, expires 5/1/93 and has been reviewed by the Attorney, Kablaoui #3, final. approval has expired and the application will have to be filed again, next week they will remind Mr. Suozzo that his L/C will e7�spire on 9/13/92. MRS. VISCONTI moved to accept, the Report on Bonds & Letters of Credit and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried RESOLUTIONS --- A Public Hearing having been held on April 27, 1992 on a proposed Local Law Amending Local Law #2 of 1977 entitled "Environmental Quality Review". COUNCILWOMAN VISCONTI moved to adopt Local Late* #6 of 1992, as follows: RM42792 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. ARTICLE II "Lists of actions" is hereby amended to read as follows: Article II, Classification of Actions Section 20: Type I Actions Pursuant to the authority vested in the Town Lander Title 6 NYCRR Part 617.4(e) and 617.12, the Town of Wappinger hereby identifies the following actions or projects as Type I Actions because they carry with them the presumption that they are likely to have a significant effect on the environment, and, therefore, they are more likely to require the preparation of an EIS than Unlisted Actions: A. Construction of new (or expansion by more than 50 percent of existing size, square footage or usage of existing): (1) Airports. (2) Public institutions such as hospitals, schools and institutions of higher learning and correction facilities, main office centers. (3) Road or highway sections (including bridges) which require an indirect source permit under 6 NYCRR Part 203. (4) Parking facilities or other facilities with an associate parking area for 100 or more cars onl;.- if such facility would require an indirect source permit under 6 NYCRR Part 203. (5) Dams with a downstream hazard of "C" classification under Environmental Conservation Law (ECL section 15-0503. (6) Stationary combustion installations. (7) Chemical pulp mills. (8) Cement plants. (9) Iron and steel plants. (10) Primary aluminum ore reduction plants. (11) Incinerators operating at a refuse charging rate exceeding 30 tons of refuse per 24 hour day. (12) Sulfuric acid plants. (13) Petroleum refineries. (14) Lime plants. (15) Bi -product coke manufacturing plants. (16) Storage facilities designed for or capable of storing liquid natural gas, liquid petroleum gras or other liquid fuels. (17) Sulfur recovery plants. (18) Fuel conversion plants. (19) Process, exhaust and/or ventilation systems emitting air contaminants assigned an environmental rating of "A" under 6 NYCRR 2 -- are based upon the toxicity level value (TLS') of such contaminants. (20) Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds classification limits established by Dept. of Environmental Conservation. (21) Any sanitary landfill or solid waste disposal system (22) Any facility, development or project which to be directly located in one of the following critical areas: (i) tidal wetlands as defined in Article 25 of the ECL; (ii) freshwater wetlands as defined by Local Law #1, 1976; (iii) Flood plains as defined by Article 36 of the ECL; U RM 12792 (iv) wild, scenic and recreational rivers areas defined in Title 27 of Article 15 of the ECL. (23) Any facility, development or project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places the Statewide Inventory of Historical and Cultural Resources or Landmarks of Dutchess Co 1683-1867 as prepared by the Dutchess County Planning Board. (24) Any development, project or permanent facility of a non-agricultural use in an agricultural district which requires a permit except those listed as Type II actions. (25) Any facility, development or project which would generate more than 600 vehicle trips per hour or more than 4,000 vehicle trips per any eight-hour period. (26) Any industrial facility, which has a discharge flow, from other than incidental purposes. (27) Any publicly or privately- owned sewage treatment works which has an average daily design flow of more than 2,000 gallons daily. (28) Lakes or other bodies of water with a eater surface in excess of 5 acres. (29) Any mining or resource extraction industry. B. An- funding, licensing or planning activities in respect of any of the types of construction listed in "A" above. C. The application or use of pesticides for other than agricultural purposes: (1) Rodenticides - use and/or storage in other than incidental use (2) Insecticides - storage and/or application to more than 100 contiguous acres (3) Herbicides - use and/or storage in other than incidental use D. The proposed adoption of comprehensive land use plans, zoning ordinances, buildings codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area -wide waste water treatment. plans, state environmental plans, local flood plain control plans, and the like. E. Commercial burial, transportation or handling of radioactive materials requiring a permit. F. Any action which will result in excessive or unusual noise or vibration taking into consideration the volume, intensity, pitch, time duration and the appropriate land uses for both the source and the recipient of such noise and vibration. G. Acquisition or sale by a public agency of more than 50 contiguous acres of land, based upon anticipated use. H. Any other action of nes, residential units which meet or exceed the following thresholds: (i) In the areas designated as thick glacial till; thin glacial till and exposed bedrock; lacustrine silt and clay; flood plain alluvial or peat soils and made land on a map entitled "Town of Wappinger, Dutchess County, New York, "Surficial Deposits" prepared by the Dutchess County Planning Department" adopted by the Town Board of the Town of Wappinger on April 7, 1.986, the construction of four or more units not to be connected at the commencement of habitation, to community or publicly owned utilities. RM42792 (ii) In the areas designated as thick sand and gravel and thin sand and gravel on the said approved "Surficial Deposits" map the construction of twelve or more units not be connected at the commencement of habitation, to community or publicly owned utilities. (iii) In any area of the Town, the construction of fifty or more units to be connected, at the commencement of habitation, to community or publicly owned utilities. K. Construction of new non-residential facilities which meet or exceed any of the following thresholds; or the expansion of existing non-residential facilities by more than fifty percent (50%) of any of the following thresholds, providing that the expansion of the existing facilities, when combined, meet or exceed any threshold contained in this section: (i) A project or action which alteration of one or more acres; (ii) A project or action which water in excess of 2,000 gallons p (iii) Parking for 80 vehicles; (iv) A facility with more than gross floor area; involves the physical would use ground or surface r day; 10,000 square feet of L. Any non-agricultural use occurring wholly or partially within an agricultural district (certified pursuant to Agricultural and Markets Law Article 25 Section 302) which exceeds ten percent (10%) of any threshold established in 6 N.Y.C.R.R. 617.12 or in this local law. M. Any project or action which exceeds twenty-five percent (25%) in 6 N.Y.C.R.R. 617.12 or in this local law occurring wholly or partially within or substantially contiguous to any publicly owned or operated park land, recreation area or designated open space". SECTION 2. Reaffirmation of Type II and Exempt. Actions. Except as herein amended, the remaining portions of Article II, specifically "Section 21: Actions, Type II" and "Section 22: Exempt. Actions- shall remain in full force and effect and are otherwise hereby reconfirmed. SECTION 3. Partial Repeal. Article III, Article IV, Article V, Article VI, and Article VII of Local Law #2 of 1977, as amended are hereby rescinded and rendered null and void. SECTION 4. SEQRA Regulations Applicable. Except as modified herein, all substantive and procedural requirements set forth in Article VIII of the Environmental Conservation Law and the related Title 6, Part 617-NYCRR shall be applicable. SECTION 5. Separability. The provisions of this Local Law are separable, and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not effect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application 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 T11 � a3 R%IIL79L been included therein, and if such person or circumstance, to which a Local Law or part thereof is held inapplicable, have been specifically exempt therefrom. SECTION 6. Effective date. This Local Law shall take effect immediately. Seconded by: Councilman Wallace Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held on April 27, 1992 on a proposed Local Law Amending Local Law #6 of 1991, Regulating Traffic and Parking Within the Town of Wappinger., the matter was placed before the Town Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt Local Law '7 of 1992 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. .Additional Full Stop Streets. Section 3 of Local Law #6 of 1991, a Local Law Regulating Traffic and Parking Within the Town of Wappinger is hereb'- amended by the adoption of the following additions, revisions and amendments, to wit: the addition of the following' designated full stop streets and intersections: Baldwin Drive at the southeast, corner of its intersection with MacIntosh Lane; Applesauce Lane at the southeast, corner of its intersect,ic,n MacIntosh Lane; Smith Crossing Road at the southeast corner of its intersection with Maloney Road; and HiView Road at the southeast corner of its intersection with Valley Road approaching from the south. Section 2. Ratification. Except as specifically modified and amended by the adoption of the additions, revisions, modifications and amendments set forth above, Local Law #6 of 1991, "A Local Law Regulating Traffic and Parking Within the Town of Wappinger", as from time to time otherwise amended, is hereby ratified, confirmed and readopted. Section 3. Severability. In the event any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of the remaining portions shall continue in full force and effect. Section 4. Effective Date. This Local Lata shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Seconded by: Councilman Wallace Roll Call Vote: 5 _lyes 0 Nars RM42792 A Public Hearing having been held on April 21, 1992 on a proposed Local Law Amending the Zoning Map of the Town of Wappinger (Ivanoff Property for Alpine Project), the matter was placed before the Town Board for their consideration. Upon review, it was discovered that an error was made in the original application in identifying the zoning of the property to be rezoned as R-40 instead of R-20. The following Resolution was offered by COUNCILWOMA`: VISCONTI who moved its adoption: WHEREAS, the Alpine Company on or about March 1992 submitted an application to the Town Board for the rezoning of a portion of a parcel of land owned by Valdemar and Ilse Ivanoff from the zoning classification R-40 to Shopping Center (SC), and WHEREAS, the application submitted by Alpine inadvertently listed the present zoning classification of this property as R-40 rather than as R-20, the latter being the correct zoning classification of the premises to be rezoned, and WHEREAS, the applicant, has requested that the application be amended to reflect the correct zoning classification of R-20, NOW, THEREFORE, BE IT RESOLVED, that the application of the Alpine Company for the rezoning of a portion of the lands of Ivanoff be deemed amended to correct the description of the current zoning classification of the portion of the premises to be rezoned to R-20 rather than R-40. Seconded by Mr. Valdati. Roll Call Vote: 5 Ayes 0 Nays MRS. VISCONTI moved to adjourn the Public Hearing on the proposed Local Law Amending the Zoning Map of the Town of Wappinger to May 11, 1992 at 6:45 P.M. Seconded by Mr. Valdati Motion Unanimously Carried Since Memorial Day falls on May 25th, the date of the next Regular Town Board Meeting, the Board Members wished to change the date to Tuesday, May 26th, 1992. MR. MILLS moved to change day of the Regular Town Board Meeting from Monday, May 25th to Tuesday, May 26th, 1992, due to the Memorial Day Holiday. Seconded by Mr. Valdati Motion Unanimously Carried JAb The Supervisor announced that the TOwn would be joining the Village of Wappingers Falls for Memorial Day Services on Ma,y 25th, followed by services at the Town Hall at about then to the Chelsea Yacht Club for the riverside services. ?'he guest speaker will be Don Rice of the Department of Veteran Affairs. The ToT>n ('lerk caill place the wreaths in memory of these who served. All are invited to attend and the. Super'viscr- asked that all try to -five some of our time to honor the g veterans. Requests fere received from the Comptroller for Roserve Fund Balances, suggestions for Surplus Fund Balances, and budget transfers for the purchase of typewriters, as follows: The following Resolution was offered by COU\CILWOMA` VISCONT' who moved its adoption: RESOLVED, that the fol lowin_; Reserve Fund Balarnc_-s Abe set up by the Comptroller.: 1 Fund -----•----w41,000. to pay Retirement char es B Fund --------- $13,310. to pay Retirement charges Seconded bv: Councilman Wallace Roll Cal." Vote: 5 Ayes 0 ?days The following Resolution gas offered b� OUNCILWOMAN l'ISC_`NTI who moved its, adoption: RESOLVED, that the following Surplus Fund Balances be set up by the Comptroller: A Fund: Reserve for Capital $1.00,00, to built >alt. Shed B Fund: Reserve for Capital $150,000 see monies to build Emergenccy Building B Fund: Reserve Inspection Fee H i.x,ay: Reserve Equipment Replacement. Ardmore Wator_: Reserve Pay Back Citi W I '1 $330,000 Cranberry Developer. Purchase/Replace $100,000 old equipment $ 70,000 Pay ('WW supply watc. Ardmore customers Secondee by: Councilman Wal lace Roll_ Cali ,"ote: 5 Ayes 0 ),ai s The following Resolution was offered by COUi"�CILWOMAN i'ISC'ONTI who mored its adoption: RM42792 did but he wasn't present to accept their thanks, however Mr. Paggi expected that, he would arrive atthe meeting shortly to hear some more compliments. The next step in the Tri -Municipal project for this Town involves the preparation of a partial Phase III Map, Plan and Report for the gray area surrounding the Route 9 corridor. The Engineer explained the first thing is to draw the Map and then schedule a work shop before they get into cost or pipe size; this will be presented to the Town Board for their feed- back so when they do get to out the p_,,es and determining the cost, everyone is aware of the specific area they are talking about. FIRS. VISCONTI moved to authorize the Engineer to prepare the partial Phase III Map, Plan and Report for the Route 9 corridor and surrounding area regarding the Tri -Municipal Project. Seconded by Mr. Mills `lotion Unanimously Carried UNFINISHED BUSINESS --- Correspondence was received from the Board :f Elections regarding voting custodian appointments for the Town of Wappinger. On the recommendations of the Republican and Democratic Chairmen of our Town they have appointed Custodians of Voting Machines for a period from January 15, 1992 to Janaary 14, 1993, as follows: Republican Custodians: James Mills, Jr. &Nicholas Johnsor_ Democratic Custodians: Joseph DeAngelo & Joseph DeAngelo, Jr. MR. VALDATI moved to accept the correspondence from the Board of Elections and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried Mr. Incoronato had an ethical question on an appointment, however Mr. Mills interrupted to say that if there T.ere any questions on this, he would address them after the meeting. Mrs. Smith preferred to allow c mme,lts from Mr. Incoronato and 13o RM4-9 i 92 she would then discuss it. with Mr. Mills --he agreed to this. Mr.Incoronato continued and stated that he felt that Mr. Mills' appointment was a conflict of interest in that he was also a Councilman of the Town and involved in all discussions and meetings that are required in this position. If one person is serving both functions, there is a question, among numerous people, can he be subjective without the perception of some manipulation of the machines. Mr. Mills interrupted to repeat that he would take all comments and questions following tine meeting. Continuing, Mr. Incoronato claimed there were third- thousand people in this Town, it seems to him the Board could give someone else this appointment. The Supervisor pointed out this was not. a Town appointment, the County appointed these Custodians at the recommendation of the party chairmen, as so stated in the correspondence. Mrs. Rose had a question about. the numbers on one of the voting machines at the last election and Mr. Mills responded this was not one of the machines he set up, this was done by the DeAngelos who handled machines on the west side of Route 9; he made very sure of this fact when it. came up previously. Mrs. Smith brought up the fact that at the last meeting she said she would check on the legality of Mr. Mills being appointed as Voting Machine Custodian while holding the office of Custodian; she called the Association of Towns and Audit & Control to get a ruling from the Comptroller which stated that there is no law that says a Councilperson cannot serve as a Custodian, however, the Comptroller's opinion is that if it appears to be an impropriety, it shouldn't be done, but it is solely up to the individual. It's up to Mr. Mills whether he warts to comment on this and he has stated that he will do this after the meeting. Mr. Incoronato persisted and brought up Mr. Mills' absence from meetings for the last three months; another person stated that she had checked absentee records for both Mr. Incoronato RM42792 when he was on the Board, and not; Mr. Mills. Although Mrs. Smith claimed this was not: a Town problem, Counts- Legislature Sandy Goldberg disagreed and said it was. Mrs. Smith repeated that this was up to Mr. Mills and he responded again that he would meet with these people after the meeting and answer their questions. Continuing on to the next item, Mr. Paggi submitted ;•eport on a Drainage Study at 9 Helen Drive, Levine property. Mr. Paggi explained that there were t;ao alternatives, the first to replace storm sewer pipe from the existing catch basin adjacent to the property to an existing outlet into the ttiappinger Creek which would be very expensive, costing approximately $80,000 to $100,000; the second would be to abandon the existing drywell which causes the flooding on their property and construct a swale utilizing a portion of the existing storm pipe causing the road runoff to be transported down to the aforementioned outlet. Another advantage to this choice would be that the Highway Department could do the work, saving more money on the project. He pointed out that this will only be about 85% effective but it will be a big improvement and he recommended this alternate. MRS. VISCONTI authorized the Highway Superintendent, at the recommendation of the Engineer to proceed with the Helen Drive Drainage Project. Seconded by Mr. Mills `lotion Unanimously Carried Two proposals were received by the Recreation Commission to upgrade the Tennis Courts at Pye Lane and Mr. Holt recommended that they accept the proposal. for ''$'11,195.00 since for the difference of $2,795.00 additional work would be done and it appeared that they would be getting more for their money. MRS. VISCONTI moved to accept the proposal for $11,295.00 for the work on the Tennis Courts at the recommendation of the Recreation Chairman. Seconded by Mr. Valdati Motion Unanimously Carried �3a RM 11 2 1 92 Mrs. Smith announced that they were losing their Fire Prevention Bureau Chairman, Bob Colden; he was taking an early retirement. and moving to Michigan. She requested the Town Clerk to send. a letter to Bob, thanking him for all his services to the Town and wishing him the best of luck in his new life. MR:. MILLS moved to accept the resignation from Bob Colden, Chairman of the Fire Prevention Bureau. Seconded by Mrs. Visconti. Motion Unanimously Carried Mr. Vaidati cent back to July of 1991 on posting of speed limits on Town Roads; this means if they're not posted it is automatically a. 55 MPH state speed limit on these roads, some of which are within small developments and presents a danger to the residents. He mentioned some of the roads and added that they did address this matter when they heard from the State regarding a uniform speed limit in the Town, however it was never finalized since all the roads were not listed. 'the Highway Superintendent was asked to review them, recopy the list for the Board and they will review it at the May 11th work shop. Justine Winters, Principal of Myers Corners School wrote to the Town Clerk requesting permission for the school to sponsor a Project Team activity to hold the fifth annual "M.,ers Run Against Drugs" using Town Roads, namely Fenmore Road, Lake Oniad and Tient Road. Mr. Foster emphasized the importance of extra safety precaution on Bent Road especially Witt, the young, children using this road. The Supervisor said she would notify Mrs. Winters to contact him and they would pool their efforts to make the roads safe for their "Run". The Town Vandalism Patrol. would also be notified of the event. MRS. VISCONTI moved that the Town support. the "Myers Run Against Drugs" on Saturday, May 30, 1992. Seconded by Mr. Wallace Motion Unanimously Carried RM42792 Mr. Mills presented a petition submitted to him by residents of Wildwood Area, pertaining to drainage problems on Wendy Road and Wildwood Drive. He has discussed this with the Highway Superintendent and the Engineer and he would like the Board to get together to discuss this matter with them and decide what can be done to relieve the situation. The Supervisor scheduled this for the June 8th, 1992 work shop. Mr. Incoronato was recognized by the Chair and presented a Memo to the Town Board on "Recall" Legislation which he had talked about at a previous meeting. He proposed that the Town memorialize the New York State Senate, Assembly and Governor Cuomo to enact the proposed legislation which would cause any town -elected official to be suspended from holding office pending a special interim election to determine his or her suitability to remain in office. This would be prompted by submission of a Recall Petition signed by 25% or more of that official's constituents. All Board Members were given a copy of this "Recall" Legislation for their review and consideration. Richard Tallman, Roberts Road asked if the Town Board would consider have a Citizen Zoning Enforcement Committee, as other municipalities do in Dutchess County. Mrs. Smith responded that she didn't think it should be an Enforcement Committee, but she has appointed a committee of people to travel around the Town tracking down the existing violations such as dumping, ill-egal signs, etc. She invited him to join this force but prior to that he would have to be oriented by the Zoning Administrator on procedures to follow. He then volunteered his services and said he would get in touch with Mr. Levenson to discuss chat he should be looking for and how to handle the problems. Karl Osterman, 1 Stenger Court., was recognized by the Chair, and read a statement regarding emergency buildings (State Troopers and Sloper Willen Ambulance) planned by Town on the i 31 R -I92,92 Town property at the expense of the taxpayers. At the conclusion of the statement, Mrs. Smith responded that there was nothing definite on this matter, nothing has been set up. Thp Town is looking into it, looking at the feasibility of pursuing this and it will certainly not cost the taxpayers anything except for the troopers salary which we pay in our New York State tax. Perhaps within a few weeks, she will know if this can work and if not we just won't do it. Mr. Osterman had mentioned that he was on the Committee for the Town to look over their police needs so they could determine whether to continue the Vandalism Patrol in its present set versus the establishment of a police department or even contracting with private firms to do this work. He said they gave their recommendations to the Board but nothing came of it. Mrs. Smith said the Vandalism Patrol was cut $50,000 this year and it: was operating fine and certainly not costing anywhere near the cost of a police department. She repeated that it would not cost th<- Town anything and eventually if this works out the Town will own the buildings. If they do move ahead on this, Mrs. Smith informed him, she would not hesitate to invite him to serve on on the committee. He indicated he would be receptive to this. Mrs. Smith recognized County Legislatures Sandy Goldberg and John Beale and invited them to speak to the public. Mrs. Goldberg had no reports for this meeting. Mr. Beale reported that the County did work on New Hamburg Road to improve the line of site at the intersection of Wheeler Hill Road. He thanked the Supervisor for the work and effort she put in for the Hot Air Balloon festivity at the Dutchess County Airport on May 15,16,and 17th. It will be a great. opportunity for the residents to go out there and enjoy a nice community day. The Supervisor is very much involved and quite a few local communities will have a display there. He had another item, stating that while the Town is moving ahead with our sewer problems with Tri -Municipal, we do have RM42792 a sludge problem in the Town. Some o the carters go as far as Glen Falls to get rid of the sludge. The County has been working on this for about six to eight months, but it is not a short term solution, it is a long term situation that has to be resolved. Ile finished his report with the statement that he was always available if he can be of any assistance. Mrs. Smith added that on Friday, May 15, 1992, they .ill launch the balloons about 5 P.M. about twenty in number. The morning launching will be Saturday and Sunday between 5 and 6 A.M. There was no other business to come before the Board.. MRS. VISCONTI moved to adjourn the meeting, seconded by Mr. Mills and unanimously carried. The Meeting adjourned at 8:50 P. Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on April 27, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law Amendibng Local Law #2 of 1977 entitled Environmental Quality Review. Supervisor Smith opened the Hearing at 6:35 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Wallace, Councilman Others Present: Joseph E. Paggi, Jr., Engineer Albert Roberts, Attorney 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 Hearing). Supervisor Smith asked for comments or questions from the public on the proposed Local Law on SEQRA. No one spoke either for or against the proposed Local Law. MRS. VISCONTI moved to.close the Public Hearing, seconded by Mr. Mills and unanimously carried. The Public Hearing closed at 6:36 P.M. Elaine H. Snowden Town Clerk Southern DDews 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 6 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger: Joan ............ .....................P4iller....................... of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .... BookkeeQer._..... of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutcbess County, New York, and that the annexed NOTICE was duly published in the said newspaper for .one...weeks successivejy in each week, commencing on the 15th.... day of ....... ADxi L... 19.92. and on the following dates thereafter, namely on ................................ t................................ and ending on the .... day of ... April, 19..9.? both days inclusive. P.: � ......)%.-& ....... Subscribed and sworn to before me this ...15th.. day -of ....... ril. ../. �...9 9 ........... /.`: `. ..�... Notary Public Mycommission expires ................................. RACHEL WISHART WTARY PUBLIC, STATE OF NEIN YORK 0 MUFIEO IN QUTCHE$S COUNTY N 144856602 COMMISSION EXPIRES MARCH 91,1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW OF 19921 AMENDING LOCAL LAW #2 OF 1977, ENTITLED "ENVIRONMENTAL QUALITY REVIEW" STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That on April 13, 1992, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law #2 of 1992, entitled "Environmental Quality Review", on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20,Middlebush Road, Town of Wappinger, Dutchess County, New York. N Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this 27th day of April, 1992. Notary Public HERBERTJ.tEVENsoN $%to142 of Now York lnfttnsrnb OoanaNMa� �MM O N 30Sy.L.L A Public Hearing was held by the Town Board of the Town of Wappinger on April 27, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law Amending the Zoning Map of the Town of Wappinger (Ivanoff Rezoning for purposes of construction of Alpine Development). The Hearing opened at 6:40 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr. Eng. Albert Roberts, Attorney Herbert Levenson, Zoning Administrator 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 Hearing). Mrs. Smith noted that there was a problem which had to be reviewed by the Planning Board so she, therefore, would adjourn the Hearing until May 11, 1992 at 6:45 P.M. However, if anyone wished to make a comment at this time, she would listen to their comments before they adjourn. Jon Adams, Attorney for Alpine Development, made note of the fact that the wrong classification of zoning was entered on the original application and he had prepared a resolution changing this from R-40 to R-20 which he requested that they address this evening at their Regular Meeting. Mrs. Smith noted that the Public Hearing would be adjourned to May 11, 1992, at 6:45 P.M., followed by a Special Meeting at 6:55 P.M. to adopt the Local Law on Amending the Zoning Map of the Town of Wappinger. MRS. VISCONTI moved to adjourn the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Hearing adjourned at 6:44 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER , DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW OF 1992, AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That on April 13, 1992, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending the Zoning 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, Town of Wappinger, Dutchess County, New York. Sworn to before me this 9.7 day of April, 1992. Notary Public Elaine H..Snowden Town Clerk Town of Wappinger J�� atHIW PON% aat•� f 42 Qwllfted In PutnM Coun 0"IIgaii; ! &P1104 APHI 30,3 I News Southern Dutchess� 914 297-3723 ' 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 pj 2d -v= ddlebush Road,'Wetr gingers Falb. NOW MY Interest. and time,, pH . P.!°P < ; n to cltizena tlA heve an op dw Town be heard: ea Uo`whelhe Board ot'thet Town!oappin�t shall ,opt proposed .. the Year 1992 A LoCai Lewey ding the 7ottllq!t AAP?hA'?PM!^ PI WePW A : r- PLEATAKE.) FURTHER hIpTIC# thaSE. t the Town. Boa►d has f j fieratotots^deolared, a NEGATIVE prstot TION," )r'^''j" OF SIGNIFICANC6'.for, aduPllonP.t' VS local lPLEAEa that of the tall Coad Lava of 1992 WO available for revlew' Lund ._neton at the oNics'61301, AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger: Joan Ali.11er of th Town of Wappinger, Dutchess County, New York being duly sworn, says that he is, and at the sever, times hereinafter was, the .... of the SOUTHERN 'DUTCHESS NEWS, newspaper printed *and published every Wednes& in the Town of Wappinger, Dutchess County, Ne York, and that the annexed NOTICE was du published in the said newspaper for .one„•wee successivejy in each week, commencing on t! l5.th.... day of ......APTil .•• 1992. and on t following dates thereafter, namely on ................................ T ............................. and ending on the .. .... day o f ... LPX-; 19..9.? both days inclusive. Subscribed and sworn to before me f 15th ......AZq- , ` l9. - this .........:... day of................... : Notary Put My commission expires ........................... RACHEL WISHART NARY PUBLIC, STATE OF NEW QUALIFIED IN DUTCHESS COUN # 144855902 COMMISSION EXPIRES MARCH 31, 1 •r a f. M :t. 1� • la 3 r, l o •h t F l 01 1 J f9 Y � Y.. � Y 1 �! rk AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger: Joan Ali.11er of th Town of Wappinger, Dutchess County, New York being duly sworn, says that he is, and at the sever, times hereinafter was, the .... of the SOUTHERN 'DUTCHESS NEWS, newspaper printed *and published every Wednes& in the Town of Wappinger, Dutchess County, Ne York, and that the annexed NOTICE was du published in the said newspaper for .one„•wee successivejy in each week, commencing on t! l5.th.... day of ......APTil .•• 1992. and on t following dates thereafter, namely on ................................ T ............................. and ending on the .. .... day o f ... LPX-; 19..9.? both days inclusive. Subscribed and sworn to before me f 15th ......AZq- , ` l9. - this .........:... day of................... : Notary Put My commission expires ........................... RACHEL WISHART NARY PUBLIC, STATE OF NEW QUALIFIED IN DUTCHESS COUN # 144855902 COMMISSION EXPIRES MARCH 31, 1 •r a f. M :t. la 3 r, t F 1 J f9 Y � Y.. A Public Hearing was held by the Town Board of the Town of Wappinger on April 27, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law Amending Local Law #6 of 1991, Regulating Traffic and Parking within the Town of Wappinger. Supervisor Smith opened the Hearing at 6:45 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Wallace, Councilman Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson, Zoning Administrator 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 Hearing). The proposed Law provides for Stop Signs at Baldwin Drive intersecting MacIntosh Lane; Applesauce Lane intersecting MacIntosh Lane; Smith Crossing Road intersecting Maloney Road; HeView Road intersecting Valley Road. The Supervisor asked for comments or questions either for or against the proposed Local Law. No one spoke for or against the Local Law. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Mills and unanimously carried. The Hearing closed at 6:46 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW OF 1992, AMENDING LOCAL LAW #6 OF 1991, REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That on April 13, 1992, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law #6 of 1991, Regulating Traffic and Parking within the Town of Wappinger (by designating additional full stop streets and intersections), on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of//4&Z- 1992. i Notary Public Elaine H. Snowden Town Clerk Town of Wappinger H' J. L EVENSON PYb%lade of New York No. 4848142 �j onExpires Apr 30'y -ter', Southern Dutchess- News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK • 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappingers Joan Miller of the Town of Wappinger, Dutchess County, New York, )NOTICE OVOUBLIC HEARING `'., being duly sworn, says that he is, and at the several y "TOWN OF: WAPPINGENN ' I NOTICE IS HEREBY GIVEN that $OOkkeeQer theTownBoard of the Town of wanpp times hereinafter was, the ............... m tl�e ct apua1992 a 8`�5 ' p.m:atthe TewnHeO,TownofWst of the SOUTHERN DUTCHESS NEWS, a pingek, 20 Middbbuah RoadI N cing,1 a1 �'t �� Int,est"'"I. w newspaper printed and published every Wednesday citlzene shall have anopportunNy to; be .heard as to, whetherthe Town Board.'ofthe Towry of Wapp"nger in the Town of Wappinger, Dutcbess County, New shall Adopt pro�oa 11 "Local Law of the Year 1992, A Local Law amen- dkn Local Law 46 of, 1091, a Local, Law RYork, and that the annexed NOTICE was duly equlating;Traffic Ano Parking within _the Town.of Wappingat", deliggnag andt addltlonaf,full stop, r published in the said newspaper for .OM? ...weeks atn»la intb'rnecttons et: -Baldwin DrW* at the southeast cor- ner of itt�l I�18rgeFtion,wlthiNaclntosh ,: , successively in each week, commencing on the Applesauce I ins-su;tie southeast ,`o ; ;� „1witnMwJn,-, ],nth.... day of ......ARxa,7,... 1992. and on the Smith .Crossing Road at the southeast comer of Its intersection with Maloney Road and If .,,,t following dates thereafter, namely on t,,NlVldw Room]: the aQu@teast ca.: der of Its interee5tiort with Valley Ropad°� roach" from the south.................................s................................ FURTHER LawC�"Bfteceave.ofthe,ea"d.Local` and ending on the ..15.tb.... day of ...April. t Lew of,1982 are available for�rev"ew and inspeetbn at'tfie offtce.of the Town Clerk on weekdays, from 8:30 19..9 both days inclusive. a.m. to 4:00 m., at Town Hall, 20. • y Mlddbtweh-{iwapaklpers Falls,' New York. "� y, x, t =_Y0I- - ' I'" i I BY ORDER OF THE TOWN BOARD.. OF iNif ITOVVN,OF WAPPINGER .qt?ELAI TOWNOWDEN / LERK DATED:APRIL9r 1992 Subscribed andorn to before me this ...15th.,, day of ..... A ril 92 .. '19 . ............ . . ............ Notary Public My commission expires ................................. .r '[..,- fMCHEL'WISHA T ► NOTARY PUBLIC. STATE OF NEW YORK QUAUFIED IN DUTCHESS COUNTY ,. N 14-g85bAO2 COAiA�ISSION EXPIRES)MARCH 81,11L„ 4 The adjourned Public Hearing of a proposed Local Law to Amend the Zoning Map of the Town of Wappinger (Ivanoff Rezoning for the Alpine Development), held on April 27, 1992, was reconvened on May 11, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith reconvened the Public Hearing at 6:45 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Absent: June Visconti, Councilwoman Others Present: Albert Roberts, Attorney Herbert Levenson, Zoning Administrator Mrs. Smith explained that the Public Hearing was adjourned due to some problems the Planning Board had with the Map, which has since been resolved. They did suggest that the Town Board review the Map so they are familiar with it; Mrs. Smith said she knew exactly what it looked like so if there are any changes she would know it. They will check it out prior to voting on it at the Special Meeting that follows. There were no other comments made at the Hearing. MR. MILLS moved to close the Public Hearing, seconded by Mr. Wallace and unanimously carried. The Public Hearing closed at 6:47 P.M. Elaine H. Snowden Town Clerk