1988-04-18 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
APRIL 18, 1988
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. April 4, '88 Sp. April 11, '88
4. REPORTS OF OFFICERS:
Hydrant Report Zoning Administrator
5. PETITIONS & COMMUNICATIONS
a. Justine C. Winters, Principal, Myers Corners Elementary School,
re: "Myers Run against Drugs" 5/21/88 - use of Town Roads
b. D. Gaskelll, NYS Div. of Equalization & Assemssments re: Thos.
Logan having been awarded designation of State Certified Assessor,
Professional, by State Board of E & A
c. Ping. Bd. re: Neg. Declaration - DiPalma Estates
d. J. Paggi, Eng. to Town, report on Stern Drainage, 29 Quarry R44
e. H. Levenson, Z. Adm. requests permission to attend NYS Bldg.
Officials Conference 9/21 thru 9/23 at Ellenville•, NY
f. __ . NYSDEC,. Ralph -Mannar Regional _Permit :.Adm. --.-Combiners Po itive
Declaration & Notice of Meeting re: incinerator Facility for
City of Beacon
g. John Reed, Attny, representing Atlas Water Co., request T/W
correspond with DEC on behalf of Atlas' Application for an
increase of withdrawal rate of water - Also: Offer to sell Atlas
to Town
h. B.S. Nelson, Attny, re: Richard Mayo request for reduction of
Water Charges also,(Mid-Point) as Tenant
i. Application for Peddlers & Hawkers Licence by Lisa Hammond,
for Hot Dog Wagon
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Bids for Spook Hill Bathhouse
b. Consider adoption of Interim Zoning L.L.
c. Consider naming GreenFly Swamp as Critical Environmental Area
d. 2 Vacancies on Bd. of Architectural Review , ) ‘sAJ
e. Terms of 2 members of Recreation Comm. Expire 5/1 - 11-.-111,/t &
N. Drennan
f. Consider Agreement with Charles Effron & Son re: removal of
Baled scrap from Landfill
g. Introduce Local Laws for Water/Sewer rate Increase/Decrease
h. CSEA negotiations - Highway employees
i. Authorize Recreation to go to Bid for Tractor
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
REMINDER: Public Hearings: Greenfly Swamp Critical Environmental Area 6:45 ?.M.
Interim Zoning Local Law 7:00 P.M.
129
The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger
was held on April 18, 1988 at the Town Hall,20 Middlebush Road, Town
of Wappinger, Dutchess County, New York.
Supervisor Paino opened the meeting at 9:33 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Thomas Wood, Attorney
Joseph E. Paggi, Jr., Engineer
Herbert Levenson, Zoning Administrator
All joined in the Pledge of Allegiance to the Flag and a moment of
silent prayer for Mayor Don Synnett of the Village of Wappingers Falls
who passed away today.
The Minutes of the Special Meeting of April llth, 1988, having
previously been forwarded to all Board Members, were placed before
them for their consideration.
MR. FARINA moved that the Minutes of the Special Meeting of April
llth, 1988 be and they are hereby approved, as submitted by the
Town Clerk.
Seconded by Mrs. Smith
Motion Unanimously Carried
The Hydrant Report, Zoning Administrator and Receiver of Taxes Reports
were received for the month of March.
MR. VALDATI moved to accept the Reports and place them on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A request was received from Justine Winters, Principal of Myers Corners
Elementary School for the use of the Town Roads to sponsor a Project
Team activity on Saturday, May 21, 1988, "Myers Run Against Drugs".
MRS. SMITH Moved to forward a letter to Ms. Winters indicating that
the Town Board is in_agreement with their activity and approves the
use of the Town Roads provided we are supplied with a Certificate of
Insurance for this event and they alert the emergency agencies,
(Sloper-Willen Ambulance, Fire Department, State Police/Sheriff)
of this event.
Seconded by Mr. Valdati Motion Unanimously Carried
130
The following letter was received from David Gaskell, Executive
Director of the State of New York Division of Equalization and
Assessment, commending our Assessor, Thomas Logan:
March 27, 1988
Ms. Irene M. Paino, Supervisor
Town of Wappinger
P.O. Box 324
Middlebush Road
Wappingers Falls, N.Y.
Dear Ms. Paino:
I am pleased to inform you that your assessor, Thomas E. Logan,
Jr., has been awarded the designation of State Certified Assessor,
Professional by the State Board of Equalization and Assessment.
Only 87 assessor positions, out of 1,809 in the State, have achieved
this distinction to date. In attaining this level of training, your
assessor has demonstrated a high level of commitment to professional
development and to better assessing practices. Such dedication must
be commended, especially since assessors face an ever more complex
and demanding workload in an attempt to achieve and maintain an
equitable assessment roll.
To eam the State Certified Assessor, Professional designation your
assessor had to achieve the State Certified Assessor, Advanced
designation by completing successfully more that six full weeks of
training courses presented or approved by the State Board and be
admitted to the Institute of Assessing Officers of the New York
State Assessors' Association. Admission to the Institute of
Assessing Officers required at least five years of experience in
the real property assessment field and passing a difficult comprehensive
examination covering the real property tax law and appraisal techniques.
The State Board is pleased to recognize the outstanding effort made
by your assessor in attaining this elite professional level. A
certificate attesting to this important designation has been sent
to Mr. Logan.
Training is only a first step and loses meaning if the expertise
and ability acquired is not used. In order for your assessor to put
to best use the skills acquired, I hope that you will continue to
provide the support necessary to his constant effort to reach and
maintain equity in assessment administration.
Sincerely,
s/ David Gaskell
Mrs. Paino noted that it is nice to have such a letter recorded in
the minutes especially if someone has obtained recognition which
in this case, our Assessor, Tom Logan, certainly has worked very
hard to achieve.
MRS. PAINO moved to accept this correspondence and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. Farina congratulated Tom in being one of the 87 assessors out of
1,809 who has achieved this distinction.
A Negative Declaration under SEQR was received from the Planning
Board in the matter of the DiPalma Estates.
MR. FARINA moved to accept this Notice and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
131
A report was received from the Engineer re the Stern Drainage problem
at 29 Quarry Road. He explained that there is an existing Town
drainage system on the road and there appears to be a connection from
the backyard at 31 Quarry Road which seems to have clogged up over
the years and causes a backup at the Sterns' when it rains heavily.
It appears to him that this drainage line is privately owned and
never deeded to the Town which is something the Attorney will have to
verify through deed research. He also recommended that the Highway
Department locate the point of connection of this drain into the Town
drain to determine that in fact it is the private drain and not the
Town drain that is clogged; this will facilitate cleaning the stream
at a later date since it is a necessary part of the drainage system.
Mr. Croshier was copied on Mr. Paggi's letter and is taking care of
his part of the investigation.
MRS. PAINO moved to authorize the Attorney to research the deed to
determine if this is Town owned or the responsibility of the house -
owner.
Seconded by Mr. Valdati
Motion Unanimously Carried
A Memo was received from the Zoning Administrator, Herbert Levenson
requesting permission to attend the New York State Building Officials
Conference from September 21st thru the 23rd, 1988 at Ellenville,
New York.
MRS. SMITH moved to grant permission to Mr. Levenson to attend the
conference, as requested, and his legitimate expenses will be a
Town charge.
Seconded by Mr. Valdati
Motion Unanimously Carried
A Notice was received from the New York State Department of
Environmental Conservation re a Positive Declaration and Notice of
Public Meeting on the incinerator facility for the City of Beacon.
The Meeting will be held on April 19, 1988 at the City of Beacon
Memorial Building located at 415 Main Street in Beacon at 7 P.M.
MRS. PAINO moved to accept this correspondence and place it on file.
Seconded by Mr. Reis Motion Unanimously Carried
132
John Reed, Attorney representing Atlas Water Company wrote to the
Town requesting that they correspond with the Department of Environ-
mental Conservation in New Paltz advising them that the Town is aware
of the application submitted by Atlas for an increase of withdrawal
rate of water and we are concerned over the delay in their action
due to the needs of the present and future water supply for their
consumers; a second letter from Mr. Reed indicated that his client
has authorized him to offer the water plant, property and water lines
to the Town of Wappinger for the sum of $1,000,000.00.
Mrs. Paino noted that a work shop was held last week on these two
letters and although Mr. Reed was expected to attend, he was not
present.
MRS. PAINO moved to authorize the Engineer to the Town to conduct a
study to assess the value of the system of the Atlas Water Company
and also to support them in their request for the withdrawal of
additional water by indicating our concern to the D.E.C. on the delay
of action on this Company's application.
Seconded by Mr. Farina
Motion Unanimously Carried
Bernis Nelson, Attorney representing Richard Mayo wrote to the Board
regarding a reduction in the water charges in the Mid -Point Water
District, applicable to the Tenant Policy. Mr. Mayo had previously
received a reduction in his sewer rates for his multiple dwelling
home on Route 376 and now sought relief from the water which his
Attorney indicated was his understanding when this was discussed back
in December 1987; it was also his understanding that the reduction
would be retroactive to April 21, 1987. .
Mr. Farina explained that at the work shop back in December, 1987,
the Board had informally agreed to reduce both water and sewer charges,
however at the March 7th, 1988 Town Board meeting, only the sewer
charges were addressed in the resolution prepared by our Attorney
and adopted by the Board.
The following resolution was offered by COUNCILMAN FARINA who moved
its adoption:
133
WHEREAS, RICHARD MAYO, is the owner of property referred to as
Account No. 1962590490702800, and
WHEREAS, said property is serviced by the Mid -Point Sewer and
Water Did:rict on a tenant basis, since the property is outside of
the District boundaries, and
WHEREAS, the Town Board in work session has reviewed the billing
arrangement presently in effect, and
WHEREAS, the Town Board has determined that a modification of
said billing arrangement is necessary in order for an equitable
system to be established,
NOW, THEREFORE, BE IT RESOLVED, that RICHARD MAYO shall continue
to be a tenant to the Mid -Point Sewer and Water District and that the
rates for said service shall be as follows:
SERVICE RATE
Sewer 7.5 x 1 family District service charge
Water 2 x 1 family District service charge
based on water usage
BE IT FURTHER RESOLVED that such rates as set forth above shall
be effective as of the April 21, 1987 billings to Acount No.
1962590490702800, refunds to be credited toward the January and
April 1988 billings on said account.
Seconded by: Supervisor Paino
Roll Call Vote: 5 Ayes 0 Nays
An application for a Peddling License was received from Lisa Hammond
to operate a hot dog stand and indicated that she would set up in
the area of the yacht club in Chelsea where she resides.
The applicant and her father had previously spoken to Mr. Reis on
this application and he commented that he had no problem with this
proposed operation in that vicinity. She has agreed to the provision
in the Ordinance which requires that the truck be moved 1,000 yards
every half hour.
MR. REIS moved to approve the Peddling License for Lisa Hammond
to operate a hot dog truck.
Seconded by: Mrs. Paino
Roll Call Vote: 4 Ayes Mr. Farina ---Abstained
Committee Reports ---
Mr. Valdati, Health and Safety, asked the Zoning Administrator about
an old issue on Poughkeepsie Nisson; the response was that the owner
has submitted an application to the Planning Board and has also
conformed with a permit on the new sign. The Attorney advised that
if the owner is in violation he can be cited even though he has an
application in process and the Zoning Administrator said he would
proceed.
134
Neither Mr. Reis or Mr. Farina had reports for this meeting.
Mrs. Smith commented that it was her understanding that a new person
was hired and as Chairman of Personnel she thought she should be
informed.
Mrs. Paino noted that this person was hired part time and wishes
to apply for a full time position; her resume will be forwarded to
the Town Board and the matter will be considered at the next meeting.
Resolutions ---
A report was received from the Engineer on the bids received for
the Spook Hill Rest Room Facilities at the playground. Two bids
were received---Sun-Up Construction, $36,000.00, L.J.H. Contractors.
$62,000.00 and the recommendation from the Engineer was to award the
bid to Sun -Up Construction.
MR. REIS moved to award the bid for the Spook Hill Rest Room Facilities
to Sun -Up Construction for the total amount of $36,000.00 and authorize
the Supervisor to sign the contract.
Seconded by Mrs. Smith
Motion Unanimously Carried
Consideration of the Interim Zoning Law was next on the Agenda; Mrs.
Paino had mentioned at the Public Hearing that she was anxious to
adopt this law, however, in light of recommedations from the Dutchess
County Planning Board it appears that some of the language will have
to be changed and additions made. A work shop was set for April 28,
1988 at 6:00 P.M. with the Attorney and Zoning Administrator to
discuss these changes.
MRS. PAINO moved to table action on the Local Law on Interim Zoning.
Seconded by Mr. Reis
Motion Unanimously Carried
A Public Hearing having been held on designating the Green Fly
Swamp as a Critical Environmental Area, the matter was placed before
the Board for their consideration.
MRS. PAINO moved to designate the Green Fly Swamp in the Town of
Wappinger as a Critical Environmental Area.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino thanked Matthew Landi, Chairman of the Conservation
Advisory Council for the time and effort he expended on this project.
135
Two vacancies still existed on the Board of Architectural Review.
MRS. PAINO moved to table action on these appointments.
Seconded by Mr. Reis
Motion Unanimously Carried
The terms of William Wood and Nancy Drennan, members of the Recreation
Commission will expire on May 1st, 1988 and the matter was placed
before the Board for their consideration of appointments.
The following resolution was offered by COUNCILMAN REIS who moved
its adoption:
RESOLVED, that William Wood and Nancy Drennan, be and they are
hereby reappointed as members of the Town of Wappinger Recreation
Commission, and
BE IT FURTHER RESOLVED, that the said William Wood and Nancy
Drennan shall serve on the said Recreation Commission for a five
year term which shall expire on May 1st, 1993.
Seconded by: Supervisor Paino
Roll Call Vote: 5 Ayes 0 Nays
A Memo was received from Charles Effron regarding the removal of
baled scrap from the Landfill; they are quoting a price of $400.00
per trailer load of baled material, the same figure as the 1987
amount.
MR. FARINA moved to approve the Agreement submitted by Mr. Effron
and authorize the Supervisor to sign said Agreement.
Seconded by Mr. Reis
Motion Unanimously Carried
In answer to a question from the audience if this action implied that
there would be a solid waste collection, Mrs. Paino responded that the
Board had a work shop meeting with Mr. Croshier last week and the
general consensus was that they could place dumpsters in various
areas for a certain period of time fox the residents to dispose of
their small items; for the bulk items, such as appliances, furniture,
etc. either an outside firm or the Highway Department could collect
them and cart them to these dumpsters. Mr. Croshier will get back to
the Town Board in two weeks with a date and schedule.
Some of our water and sewer districts required a rate change, either
and increase or a decrease and the following proposed Local Laws were
placed before them.
136
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW OF THE YEAR 1988
AMENDING LOCAL LAW NO. 1 OF 1985
LOCAL LAW NO. 1 OF 1982, LOCAL LAW
NO. 9 OF 1980 ESTABLISHING WATER RATES
FOR TALL TREES WATER DISTRICT.
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing water rates -
for the Tall Trees Water District with respect to residential users
is hereby repealed, only with respect to water rates and the prior
laws otherwise confirmed.
SECTION 2. The following water rates are hereby established
for the Tall Trees Water District.
A. Residential
1. Each residential unit connected to the system:
$180.00 annually and payable on a quarterly basis.
SECTION 3. This local law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect to the establishment of water rates for the
Tall Trees Water District, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd day
of May 1988 at 7:00 P.M., on such day, at the Town hall, 20 Middlebush
Road, Town of Wappinger, Dutchess County, New YOrk.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaper of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW OF THE YEAR 1988
AMENDING LOCAL LAW NO. 7 OF THE
YEAR 1988 WITH RESPECT TO THE
ESTABLISHMENT OF WATER RATES FOR
OAKWOOD WATER DISTRICT.
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Effective the third district fiscal quarter of
the year 1988, the following rates shall be charged: the owner shall
be obligated to pay the minimum charge of $45.00 per quarter, regardless
of the consumption of water for said quarter, provided said owner is
137
connected to the system at any time during the quarter.
SECTION 1. Effective the third district fiscal quarter of
the year 1988, the following rates shall be charged: the owner
shall be obligated to pay the minimum charge of $45.00 per quarter,
regardless of the consumption of water for said quarter, provided
said owner is connected to the system at any time during the quarter.
SECTION 2. All other provisions of Local Law No. 7 of the
year 1980 are hereby ratified, with the exception of Section 1,
Subdivision B which this Local Law hereby amends and which refers
to the minimum charges for consumption of water.
SECTION 3. This Local Law shall take effect upon adoption
and as provided by the Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect -.to. the establishment of water rates for the
Oakwood Water District, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd day
of May, 1988, at 7:03 P.M., on such day, at the Town Hall, 20 Middlebush
Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaper of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
A LOCAL LAW FOR THE YEAR 1988
AMENDING LOCAL LAW NO. 2 OF 1985
WITH RESPECT TO THE ESTABLISHMENT
OF WATER RATES FOR THE FLEETWOOD
WATER DISTRICT.
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Section 1 of Local Law No. 2 of the year 1985
is to be amended as set forth herein below:
The owner shall be obligated to pay the minimum charge of
thirty dollars ($30.00) each quarter, regardless of consumption
of water for said quarter, provided said owner is connected to the
system at any time during the quarter. Consumption is billable at
the rate of $1.00 per 1,000 gallons.
SECTION 2. All other provisions of Local Law No. 2 of the
year 1985 are hereby ratified with the exception of Section 1, which
this Local Law hereby amends and which refers to water charges.
SECTION 3. This Local Law shall take effect upon adoption
and as provided by the Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR PAINO who
138
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect to the establishment of water rates for the
Fleetwood Water District, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the
Town until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd day
of May, 1988, at 7:06 P.M., on such day, at the Town Hall, 20 Middlebush
Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall be
given by the Town Clerk of the Town of WAppinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaper of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW OF THE YEAR 1988
AMENDING LOCAL LAW NO. 6 OF 1984,
AMENDING LOCAL LAW NO. 1 OF 1981
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE FLEETWOOD
SEWER DISTRICT.
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Fleetwood Sewer District with respect to residential uses is
hereby repealed, only with respect to sewer rates and the prior laws
otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Fleetwood Sewer District.
A. Residential
1. Each residential unit be obligated to pay the minimum
charge of $70.00 each quarter, regardless of consumption
of water for said quarter, and $2.50 per 1,000 gallons
additional.
SECTION 3. This Local Law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect to the establishment of sewer rates for the
Fleetwood Sewer District, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such body,
139
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd day
of May, 1988, at 7:09 P.M., on such day, at the Town Hall, 20
Middlebush Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaper of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW OF THE YEAR 1988
AMENDING LOCAL LAW NO. 13 of 1984
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE WILDWOOD
SEWER DISTRICT.
BE IT ENACTED, by the Town B. rd of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Wildwood Sewer District with respect to residential uses is
hereby repealed, only with respect to sewer rates and the prior laws
otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Wildwood Sewer District:
A. Residential
1. Each residential unit connected to the system:
$240.00 annually and payable on a quarterly basis.
SECTION 3. This Local Law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect to the establishment of sewer rates for the
Wildwood Sewer District, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the
Town until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd day
of May, 1988, at 7:12 P.M., on such day, at the Town Hall, Middlebush
Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall be
given by the Town Clerk of the Town of Wappinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaper of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
140
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW OF THE YEAR 1988
AMENDING LOCAL LAW NO. 15 OF 1984
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE MID -POINT
PARK SEWER DISTRICT
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTION 1. Any and all prior laws establishing sewer rates
for the Mid -Point Sewer District with respect to residential uses is
hereby repealed, only with respect to sewer rates and the prior laws
otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Mid -Point Park Sewer District:
A. Residential
1. Each residential unit connected to the system:
$380.00 annually and payable on a quarterly basis.
SECTION 3. This Local Law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect to the establishment of sewer rates for the
Mid -Point Park Sewer District, and
WHEREAS, the provisions of the Municipal Home Rule Law required
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such bod,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd day
of May, 1988, at 7:15 P.M., on such day, at the Town Hall, 20 Middlebush
Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaer of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW OF THE YEAR 1988
AMENDING LOCAL LAW NO. 12 OF 1984
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE ROCKINGHAM
FARMS SEWER DISTRICT.
BE IT ENACTED, by the Twon Board of the Town of Wappinger,
Dutchess County, New York, as follows:
L
l
141
SECTION 1. Any and all prior laws establishing sewer rates
for the Rockingham Farms Sewer District with respect to residential
uses is hereby repealed, only with respect to sewer rates and the prior
laws otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Rockingham Farms Sewer District:
A. Residential
1. Each residential unit connected to the system:
$240.00 annually and payable on a quarterly basis.
SECTION 3. This Local Law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect to the establishment of sewer rates for the
Rockingham Farms Sewer District, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of WAppinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaper of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR PAINO:
A LOCAL LAW OF THE YEAR 1988
AMENDING LOCAL LAW NO. 12 of 1984
WITH RESPECT TO THE ESTABLISHMENT
OF SEWER RATES FOR THE WAPPINGER
SEWER IMPROVEMENT AREA #1.
BE IT ENACTED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
SECTUIB 1. Any and all prior laws establishing sewer rates
for the Wappinger Sewer Improvement Area #1 with respect to residential
uses is hereby repealed, only with respect to sewer rates and the prior
laws otherwise confirmed.
SECTION 2. The following sewer rates are hereby established
for the Wappinger Sewer Improvement ARea #1.
A. Residential
1. Each residential unit connected to the system:
$133.00 annually and payable each quarter.
SECTION 3. This Local Law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
142
The following resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board on the 18th day of April, 1988, a proposed
Local Law with respect to the establishment of sewer rates for the
Wappinger Sewer Improvement Area #1, and
WHEREAS, the provisions of the Municipal Home Rule Law requires
that no local law shall be passed by the Legislative Body of the Town
until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 2nd day
of May, 1988, at 7:21 P.M., on such day, at the Town Hall, 20 Middlebush
Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall be
given by the Town CLErk of the Town of Wappinger by the due posting
thereof upon the bulletin board maintained by said Town Clerk in the
Town Hall and by publishing such notice at least once in the official
newspaper of the Town of Wappinger.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The contract with C.S.E.A. for the Highway employees was brought up
for the Board's consideration.
MRS. PAINO moved to refer this matter to a work shop with the Attorney
to the Town to discuss significant details of the agreement.
Seconded by Mr. Reis
Motion Unanimously Carried
Consideration of the Recreation Commission's request to go to bid
on a new tractor was the next matter.
MRS. PAINO moved to table action pending a work shop discussion.
Seconded by Mr. Farina
Motion Unanimously Carried
Unfinished Business ---
Mrs. Smith noted that another proposal for the maintenance contract
on H/V/A/C was received from Shaker, Travis and Quinn. The Board
expected to receive more proposals and intended to discuss them at a
work shop prior to making a determination.
Sandra Goldberg, Wappinger County Legislator gave an update on the
County proposal for permanent easements from residents in the flight
pattern of the airport for obstruction removal. After the reaction
of the residents at a recent meeting, the resolution was tabled until
next month. It was brought to the attention of the Town Board by Mrs.
Goldberg at the last meeting and the residents were alerted of this
proposed action. A tentative meeting has been set for April 27,
1988 for further discussion with the residents with Commission of
Aviation, Bradley Whited.
Mrs. Paino noted that the contract with the Dutchess County Senior
Citizens for the program in the Town Hall was received from the
Attorney. A copy was hand delivered today to Normalynne Powers,
representative from that Association who will review it with their
group and if acceptable, it will be signed by them.
There was no further business to come before the Board.
MRS. PAINO moved to adjourn the meeting, seconded by Mr. Farina and
unanimously carried.
The meeting adjourned at 10:17 P.M.
Reg. Mtg. 4/18/88
WUe
Elaine H. Snowden
Town Clerk
143
A Public Hearing was held by the Town Board of the Town of Wappinger
on April 18, 1988, at the Town Hall, Middlebush
Dutchess County, New York, on the consideration
Road, Town of Wappinger,
by the Board to designate
the Green Fly Swamp a Critical Environmental Area.
Supervisor Paino opened the Hearing at 6:45 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Joseph E. Paggi, Jr. Engineer
Herbert Levenson, Zoning Adm.
Matthew Landi, Chairman
Conservation Adv. Council
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized.
(These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mrs. Paino explained that the Town Board had received a recommendation
from the Conservation Advisory Council to designate the Green Fly
Swamp a Critical Environmental Area. A work shop was held on November
19, 1987 at which time the Chairman of the Council gave a presentation
on this proposal. On December 7, 1987, the Board directed the Attorney
to the Town to prepare the necessary resolution for a public hearing.
Mrs. Paino requested the Chairman, Matthew Landi to explain why the
Council recommended this proposal.
Mr. Landi explained that the former Chairman, Edward Hawksley had
researched this land extensively and when he resigned to become Chairman
of the Planning Board, he recommended that the new Chairman pursue this
designation. For many years the Department of Environmental Conservation
and the Dutchess County Environmental Management Council has dealt with
this property to preserve the land for the wildlife there. This designation
will add a little more protection to the area and will mandate that the
area require the SEQR category of Type I Action if any building is
proposed; as of this time, it is not mandated.
The Hearing was then opened to the public.
Ali Devoris 185 Osborne Hill Road, about 100' from the swamp, complained
that the mosquitos and all kind of bugs are incredible; how will this
designation affect him. The Chairman assured him that since his
property is on dry land, it will not affect him at all, only those
who are in swamp land will be affected if they wish to drain the land
or build.
It was also noted that the County does not automatically spray the
area to discourage mosquitos; now, due to complaints from some residents
who do not want spraying for some reason or another, one must request
their property to be sprayed.
Karen Perry, 129 Osborne Hill Road, noted that in 1972 the drains
from the swamp were blocked and her property was flooded; she showed
pictures of the condition". She asked what will happen to the drains,
will they be kept open. She's in favor of keeping the wetlands the
way they are as long as they're not made larger if someone wanted
to build on Route 9 and the swamp was pushed back toward their yards.
She also had a copy of a petition sent to Dutchess County Legislator
Cliff McMillen regarding keeping the drains clear. Mrs. Perry was
told that this designation will not change the character of the swamp.
Also if they experience flooding they should contact the New York State
Department of Transportation, it is their responsibility.
Larry McGinley, 114 Osborne Hill Road,. would like to see a survey
done before anything else. Where are the boundary lines; he's been
told that anything within 100' of a natural swamp cannot be disturbed,
is this correct. He just purchased the land last year and does not
want anyone taking his land away. The 100' feet is the state buffer
zone, Mr. Landi explained and this is regulated by them.
Some of the residents were concerned about this 100' buffer zone as
it was their understanding that this designation was providing this,
however, Mr. Landi explained that he was not even considering the
buffer zone, he had nothing to do with it, it was always there and
the designation will not affect it. The previous speaker spoke of
owning the property with a partner with the intentions of subdividing
and felt he was being deprived of this privilege. He was told that
if he wasn't in the swamp area, it would not affect him, if he was
and the resolution was adopted, he would have to build according to
SEQR, Type I Action, with a full blown environmental impact statement
to show how the environment would be impacted, would the wild life
be deleted from the area. If so, there would be a negative declaration
and treated as such. Other residents claimed they were not notified
of the proposed action and were told if it didn't affect them, they
were not notified.
Bart Rexhouse, 115 Osborne Hill Road did not get a letter so it
doesn't affect him, can he get a letter from the Town stating that the
designation will not affect him, since hedoeswant to do something
with his property. The Attorney explained that if they were in the
wetlands area, the D.E.C. would have notified them of this situation.
This designation will not change that, it will merely mandate that the
Type I Action will be imposed of those wanting to build. At this point,
it is not mandated; this will provide more protection of the existing
environment. At this point they have to comply with rules and regula-
tions of the D.E.C., now in addition to the laws of the Town's Zoning
Ordinance, they will have to comply with the State Environmental
Review Act, known as SEQR. The State declared this a wetland area
back in the 70's.
Mrs. Townsend, 120 Osborne Hill Road, end of their property goes back
to swamp, is there 100' feet back there they can't touch.
Alfred Windheim, Osborne Hill Road, commented that the State created
the problem when they built the new highway. The State is the biggest
violator, but won't admit it, then they impose rules and regulations
for others.
(Councilman Farina arrived at 7:10 P.M.)
Roger Perry, can't the Town put pressure on the D.O.T. to open the
drains.
Albert Roberts, Sky View Drive, Attorney, owns portion of Green Fly
Swamp with partners and represents John Montfort, who owns portion of
property abutting Green Fly Swamp. They oppose the designation of
this property as a Critical Environmental Area and respectfully submit
the existing controls as designated in the SEQR regulations 617 of
the Codified Rules of the State of New York and the Town's existing
Zoning Ordinance are more than enough protection for the homeowner
and community. Referred to 617.4 which enumerates four separate
criteria for the designation of critical environmental areas; one is
a benefit or threat to human health and he asked the Board if they
have commissioned anyone to undertake a study to determine how this
particular area would be a benefit or threat to human health.
Mr. Landi researched all studies conducted, the date of his report is
November 19, 1987, reports also done by Dutchess Community College.
Mr. Landi explained the procedure that would have to be done if someone
planned to build and which would safeguard human health. He referred
to Norman Benson's study, Dutchess County Soil and Water Management
and other references in his report as stated previously. There was
a study conducted by the Town of Wappinger by the former administration,
which Mr. Landi had possession of in his files. Mr. Roberts mentioned
two other criteria, one is a natural setting and when the highway was
reconstructed in 1975 the area was changed and this is reflected in
reports submitted to the Town. The third criteria, social culture
of recreational or educational values and he respectfully submitted
that that particular characterization does not apply to this swamp
and to go further, the water is a very poor quality, the wildlife is
limited in a large measure to rodents and mosquitos with the exception
of a population of muskrats which are apparently trapped there for a
half of a century or more. Other than that there is very little value
to the swamp, to the residents of Dutchess County or to the residents
of the Town of Fishkill. They are not opposing controlled growth or
controlled development, they respectfully submit that the existing
controls that any developer or land owner would have to comply with,
are sufficient safeguards for the residents of the Town of Wappinger
and Dutchess County.
Mr. Landi rebutted that he had done a study and there are ten pages
of wildlife and tree life inthe wetlands, and he identified them.
Karen Perry has lived there in 1966 and has seen the swamp go down
and come back; she noted there are deer, all types of water fowl, red
fox, canadian geese, rare birds; she buys one half ton of bird seed
every winter. You can't tell her there's no wild life there, they
come right to her back yard, all kinds of wild lifeo she sees four
deer every spring at the back of her pool. She then referred to
the dumping that goes on in the area, there's all kinds of cement
blocks and other materials. If this designation is approved, will there be
more filling going on in that location.
Diana Kitka, 124 Osborne Hill Road, she read the study done by the
Dutchess Community College which is available at the Grinnell Library.
They mentioned the wild life species that were in the wetlands at
the time the study was prepared and they do have deer coming out of
the woods. They want to keep the wild life. She asked the Attorney,
Mr. Roberts why he objected to this proposed designationand he
replied that he felt there were sufficient controls already in
existence to control growth within the swamp or within 100' of the
swamp.
Betty Davis, 91 Osborne Hill Road, felt if they proposed to do
anything with their property, their assessment would be raised;
on the other hand would reassessment be in order if this designation
was approved.
The Chairman explained that this designation will not affect
assessments either way, high or low.
Phillip Mondello, Attorney representing Mary Ioppolo, owner of 30.7
acres of land in middle of Green Fly Swamp. He agreed with Mr.
Roberts that the laws on the books are sufficient for controls on
the property and the critical environmental area designation was
not needed. He asked the Board to consider the property owner as
in the case of his client. Initially there was a question whether
all of her property, substantially all or less than that was covered
by the swamp; this was determined after discussion with local officials
and the D.E.C. Under the current law, it would be impossible for
Mrs. Ioppolo to build. He spoke with the Conservation Advisory
Council several years ago when Mr. Hawksley was Chairman and asked
about future development of the property and the answer he received
at that time was that the Council would not support development of
any kind on the property. The new law would guarantee the property
owner another barrier and obstacle, another complete environmental
review that would cost thousands and thousands of dollars to do.
The community has expressed concerns about development and about
the management of the water, the drains and the fact that the D.O.T.
has responsibilities to do things which they appear to be lax in.
He felt there might be a possible solution. He read excerpts from
the list of significant wetlands listed in the Dutchess County
Environmental Council on which the Green Fly Swamp was listed as
No. 10. In view of the criteria mentioned in the listing, he
suggested that the Town may be interested in purchasing if not all,
then part of the Green Fly Swamp and they will then be in charge of
its own destiny in that area. At one time he did make this offer
but the Town was not interested; he now wanted to reinstitute this
offer in the event that they might now be interested.
Al Windheim noted that the state passed the wetland law and they
ought to pick up the tab; they should take care of it.
Ed Hawksley, former Chairman of the C.A.C., had comments which were
his own personal statements and not as an official of the Town.
(He is presently Chairman of the Planning Board). The Green Fly
Wetland was a pet project of his while he served on the C.A.C.,
however, he noted that he was not very successful in getting people
to refer to it as a "Wetland" since everyone referred to it as a
"Swamp" in their comments tonight. He was also involved in an
environmental group prior to the C.A.C. and their intent was to
either have the wetlands protected or donated to the Town so it
remains as a protected greenbelt of the Town. There are, he pointed
out certain values of the wetlands that cannot be replicated with
man made facilities. It has always been a wetland and when the
Freshwater Wetlands Law was implemented it met the criteria and
was designated as such. In all the studies that were conducted as
mentioned previously, the recommendation was that it remain green.
The soil is not condusive to building and would take considerable
effort to build properly plus there is the water table to be concerned
about; it would also be very expensive and he's doubtful whether any
of the landowners could afford to do it. With the present atmosphere
in the Town it would be very difficult to get approval to build in
the wetland itself, however it could change in a few years. This
designation, he felt, would require", regardless of €he"politica1
situation at the time, that appropriate consideration be given to
the review of any development proposed. It will not affed:the adjoining
properties, it will affect the wetland itself. Possibly something
could be worked -out between the property owners in the wetland and
the Town where they could get reduction in tax rate if they could
work on easements. He'd rather see something like that than the Town
buying the property. He felt the designation would be beneficial.
Mrs. Paino thanked the residents for coming to the Hearing and voicing
their concerns to the Chairman of the C.A.C. and to the Board and she
wished to make it clear that if the designation was approved it would
not change the 100' buffer zone or anything that the state already has
in place. The intent is to protect the wetland and the wildlife that
does exist there, also the plant growth and to a certain degree, to
protect the adjoining property owners, since if building does take
place, there are concerns on flooding. This does not means that
building cannot take place, but rather, if it is proposed, the
applicant will have to go through a full blown environmental process
to show the impact the building will have on the wetland itself and
the adjoining property owners.
Mrs. Smith commented that nothing will change except they will have to
go through more red tape if they want to build. Mr. Landi explained
that the Planning Board already has some comptrol through the S.E.Q.R.'
process, however, this designation will leave nothing to chance, it
mandates the S.E.Q.R. process. The present Planning Board keeps a
a good eye on development, but at a future time, there is no guarantee
that the protection will be assured---this designation will protect
the wetlands and the mandate will always be there.
Ed Hawksley, as Chairman of the Planning Board, stated that at present
they have to go through a S.E.Q.R. process and development in that
area would probably require Type I Action which requires the full
environmental impact statement, however that is no guarantee. He
would feel more comfortable knowing that there is a safeguard required
and mandatory.
Mrs. Paino thanked the Chairman, Mr. Landi and his group for all his
efforts expended on behalf of this designation and the presentation
he gave the Board back in November of 1987 which again, required
many hours to compile.
MRS. SMITH moved to close the Public Hearing, seconded by Mr. Reis
and unanimously carried.
The Hearing closed at 7:47 P.M.
P.H. Green Fly Wetland
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING TO
CONSIDER DECLARING GREEN FLY
SWAMP A CRITICAL ENVIRONMENTAL
AREA.
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.
That on April 4th, 1988, your deponent posted a copy
of the attached notice of Public Hearing to consider
declaring Green Fly Swamp a critical environmental area,
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Middlebush Road,
Town of Wappinger, Dutchess County" New York.
ILt o
Elaine H. Snowden
Town Clerk
Town of Wappinger
yort
Sworn to before me this /1
day of 1988.
Notary Public
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NEW YORE
NO. 4866032
DUMMIED IN DUTCHESS COUNTF
COMMISSION MIRES AUG. 4, 19.1:L.
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town .
Board of the Town of Wappinpsr will con-
duct a Pudic Hearing on Monday, April 18,
1988 at 8:45 p.m. at the Town Hall in the
Town of Wappmger, 20 Mlddlebuah Road,
Wappmger.Falls, New York, to consider
declan'ng Green Fly Swamp, rotated on
iloute. 9 'conaiatin9 of approximately
8+ acres the Town of Wappinger a
Meal environmental area.
All persons interested in being heard on
is proposed action should be present at
BY ORDER OF THE TOWN BOARD
TOWN OF WAPPINGER
BY: ELAINE SNOWDEN
TOWN CLERK ,
Dated: March 24, 1988
AFFIDAVIT OF PUBLICATION
Siate of New York,
County of Dutchess,
Town of Wappinge2'.
Gisela Schmitz
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the Bookkeeper
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County,. New
York, and that the annexed NOTICE was duly
published in the said newspaper for one weeks
successively in each week, commencing on the
••...6h• tay of ..April 1988. and on the
following dates thereafter, namely on
and ending on the ..6.th. day of Apri].
19.88 both days inclusive.
Subscribed and sworn to before me
this day of . 738gj. 1 19.. $
4,41
Notary Public
. My commission expires
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YORK
OUALIFIED IN DUTCHESS COUNTY
# 144255202
COAGMJSSJON EXPIRES J11ARCH 31,
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
A PROPOSED LOCAL LAW ON
INTERIM ZONING.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town CLerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on April 4th, 1988, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Local Law on Interim Zoning, on the signboard maintained
by your deponent in her office in the Town Hall of the
Town of Wappinger, Middlebush Road, Town of Wappinger,
Dutchess County, New York.
Sworn to before me this /f
day of /24.4:2 1988.
Notary Public
anA.),Qed„
Elaine H. Snowden
Town Clerk
'town of Wappinge-r
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NEW YORK
NO. 4866032
QUALIFIED IN OUTGUESS COUNTY
COMMISSION CORES AUG. 4, 1L.L.
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET —. WAPPINGERS FALLS
NEW YORK - 12590
`44,040a: ,, *PUBLIC NOTICE '•.
.;PLEISELTAKE NOT10E-OW ,heTown.
Board of the Town of Wappinger.will con-
duct a Public Hearing tomorrsider the adopt ;.
lion of a Local Law entitled "PROPOSED
INTERIM ZONING LAW OF THE TOWN
• OF WAPPINGER." Said Hearing will, be
held on the 16th day of WI, 1988, at 7 p.m.
-at the Town Hall in the Town of Wappmgsr,
t20 Middledtsh Road, Wappingers Falls, '.
srNaw York "' ,j.:xA,eyt;., ,.ai<-.ai. RS --
All parj(sts�tiresied in speaking with
respect to this Law Wall be heard at that ,-
time and place. The text of the Law is sal
forth herein and copies of the said Law are
-available at the Office of the Town of Wap -
pingo between the hours of 8:30a.m. and-..
4:00 p.m. Monday through Friday.
=":7,..ti 1Y",ORDER OF THE TOWN•BOARD-_7.3 ,
TOWN OF'4VAPPINGER,*
BY: ELAINESNOWDEN
' -TOWN CLERK 7.
. Dated: March 29, 1988
D INTERIM ZONING LAW
OWIAp FF WAPPINGER'•
LOCAL' LAW quvements to the lot size required in each as defined by Subdivision Regulations of
Local law regulating for an interim period; ,; residential and business districts by apply- the Town of Wapprnger of the Code of the
the issuance of building permits and op-- ring those set forth in Section 421 and 422 Town of Wappinger and tiled in the Office
proval of subdivision plats and site plans as amended herein. The Town Board fur- of the County Clark, prior to the effective
-in the Town of Wappinger, pending cont- ther has provided herein for a review and, date of this local law. •
Mahon and review of an updated and revie- ' • appeals procedure to avoid or minimize any V. APPEALS AND VARIANCES
ed comprehensive master plan and con- - . iniquities or hardships that may mull from • Where there are practical difficulties or
templated amendment of the Zoning Or- the strict application of thea regulations. unnecessary hardships in the way of car-
dinences by the Town Board. III. Additional requirements for septics- tying out the strict letter of this Local law,
BE IT ENACTED by the Town Board of tan of Chapter 66 and the subdivision the Board of Appeals shall have the power,
the Town of Wappinger as follows: regulations of the Town of Wappinger. in passing upon appeals, to very or modify
1. SHORT TITLE , A. Section 421 and 422 entitled
This local law shall be known and may
be cited as the " lntenm Zoning Law" of the
Town of Wappinger.
' II. LEGISLATIVE INTENT AND FIN-
, DINGS OF FACT
A. Town of Wappinger, Dutchess
Cour sw York, concerned about land
eveompent trends in the Town
ani Ian and the standards contain -
Town's current development
I, intends to adopt an updated
and prepare an appropriate
Zoning Ordinance. For this purpose, the
Town has and intends to continue to con-
. duct research, studies and surveys and will
present findings and recommendations to
' "Schedule Establishing Standards" of the
Town of Wapapinger Zoning Ordinance is
hereby supplemented by requiring
• adherence t0 the requirements set forth
below in addition to those set form in the
Zoning Ordinance is amended as set forth
in the following tables:
TABLE
S 421 SCHEDULE OF REGULATIONS
FOR RESIDENTIAL DISTRICTS '
Lot Square
Designation footage •
'R 15 20,000R 15 from anyact of the applmant
R 20 _ _ 400000 ,.' subsequent to the ate of adoption of the _
• provision or provisions. appealed from the public through intonnatonal meetings -., ,, R - • 80,000whether in violation of such provision or not.
' and tormal pudic hearings. This procedure S 422 SCHEDULE OF REGULATIONS C. That for reasons fully set forth, in the
F will lead to the adoption of a revised nester -' FOR NON RESIDENTIAL DISTRICTS findings of the Board, the strict application
plan and the preparation and adoption of • " PI 1A
necessary amendments to the zoning or- AI 24
dinances and subdivision regulations of the . ORIA ,
the application of any of the regulations or
provisions of this Local Law relating to the
use, construction, or alteration of buildings
or structures, or the use of the tand, so that
the spirit of this Local Law shall be observ-
ed, public safety and welfare secured and
substantial helm. done. No variation a' ad-
justment in the strict application of any pro-
visions
rovisions of this Local t.aw shall be granted
by the Board of Appeals unless it finds:
A. That the hardship is due to unique cis
. cumstances and not•to general conditions
in the neighborhood. '
B. That the hardship shell not toave
Town of Wappinger to implement such; HBIA
' plan. The necessary adoption and prepare-"', HB2A-
lion OI the revised master plan ls expected
2 acres of the pro/sans of this List taw would
4 acres deprive the applicant of the reasonable use
2 acres of such land or buildup, and that the
2 acres . .: variance granted is the minimum variance'
- 4 acres `' '-' - necessary for such -reasonable use. _
GB - 45,000 square feet D. That the granting of the variance will"
. t0 eke nine (9) months. , be in harmony with theintent of this Local
9. The Town Board does hereby find ' N B - 1 afire (40,000) Law, will not be Injurious to the-
, that, pending the .completion of the >- B. Any applicatiaon for aubdivision.in as neighborhood or othelwae detrimental to
necessary surveys, studies, matings and _ cordance with subdivision regulations that the public welfare.. ' - .
• hearings and other actions incident to pro ' has been granted "preliminary approval" - - VI PENALTIES
per confederation and -decisions relative to by the Planning Board to the a ive date : - Any person. firm, entity or corporation
the master plan and any revisions and " as set forth un the Zoning Law. that shall construct -erect enlarge or alter
amendments of the Town zoning or-
dinances and subdivision regulations, that
appropriate and statutory measures must
be taken during this period to protect the
pudic interest by preserving the integrity
of the proposed revised an master plan.
The Town Board also finds that continua-
tion of present zoning regulations above
during the interim period may destroy the
integrity of the master plan and its basic
purposes, comprehensive aspects and in-
- in that, since the adoption of the
Master Plan now in effect Inc town has ex-
perienced localized ground water shortages
and pollution, building on steep slopes in-
frastructure deficiencies, and the lack of af-
fordable housing,on
and the rapid escalation
in land values. Pursuant to authority duly
vested in it, it is the intention of the Town
.Board to protect said master plan and to
preserve ns intended objectives and insure
implementation by hereby adopting
I reasonable protective interim regulations
during preparation and consideration of the
aforesaid master plan and prospective
changes in the zoning ordinances and sub-
division regulations and thereby protect the
pubtenet and welfare and prevent
prem ', land development that could
C. Section 421 "Multiple Family Resident any building or shall otherwise violate any
Districts 3 acres and 5 acres and 425 PUD" of the provisions of this local law shall be
is suspended until this
plaw expires. subject to penaltesas otherwise provided
of Wapppi Theofficial zoning
March 10, 1980 shall of the Town nger for or such vio(aborp Townance-of the of Wapp-
be deemed amended by the requirements VII. VALIDITY • - -
herein. The invalidity of any word, section,
E. This law shall expire nine (9) months clause, paragraph, sentence pan or provi-
from the date of adoption, which will be - . soon of this local law shag not effect the
January 18, 1989.. validity of any other part of this local law
F. Notwithstanding anything to the con- which shall be given effect without such m-
trary herein, nothing contained in this In- valid part or parts.
terim Zoning Ordinance shaft have any ef- VIII. REPEAL OF OTHER LAWS "
fact to any property presently located within All ordinances or parts of ordinances in
a duly established Sewer and Water District conflict with the provisions of this local law
wothin the Town of Wept/meet Any property are hereby suspended to the extent
serviced by both a Sewer and Water District necessary to give the local law fug arcs
within the Town of Wappinger shalt corn- ' and effect dunt1p the effective period
tine to be governed by the provisions of IX. CONFIRMING STATUS
the Zoning Ordinance without regard to any MAINTAINED • -
amendments enacted herein. Any structure for which a Certificate of
IV. SCOPE OF CONTROLS. ' Occupancy has been issued prior to the el -
A. During the effective period of this law- festive date of this Local Law shag ceminue
1. Building permits shall be issued In ac- - ' to be deemed conforming and shaft not
cordance with the revised standards herein. become "nonconforming.' Any application
2. The' issuance of building permits'" ' for alterations or addfttons to Mas existing
where completed application have been conforming structures shall be reviewed
submitted to the Buioing and Zoning In- without regard to the provision of this Local
aped« within thety (30) days from the 84 Law.
fictive date of this law, shalt in
actor
timegrityldobleaslivewbfthe be ;, X• EFFECTIVE DATE '- w•
1 or result In -the establishment_dance with therequaements of the tawax- - `"Th1810CW NW! take offset immediate -
;
patterns that may be.inconsis- ' - Wong immediately "Moshe 8Wdw
(tfoii 6l ly, uponJ$Ingahel a 11 arelaryalSege.
NInviolatt i thetintentofthe" '-9hialaw. •- 'ter-
er.plan. This interim Yoninp;j .F. 3.Buildngpermits shallbii�i�io;i.;-'� � s••. t r..sitU tfQiti a:.r M4.4legislation to supersede and supplement; Cadence with the pre.exiating zoning start -,3 -
ousting zoning laws in the Town of Wapp- dards to be iron subdivision plats that
Inger by adding additional area received final approval after March10,1960"
•
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town ' of Wappinger.
....Gisela..8cbmits. of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the Bookkreepes
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger,.Dutchess County, New
York, an'' that the annexed NOTICE was duly
publishec the said newspaper for ...one.weeks
successi in each week, commencing on the
day of . hpril 1988. and on the
following dates thereafter, namely on
and ending on the 6th day of April
19.88 both days inclusive.
4/44 t
Subscribed and sworn to before me
this ..fi h day of .ApZi3. 9flfl.
• ••
Notary Public
'My commission expires
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YORK
• QUALIFIED IN DUTCHESS COUNTY
H 144855932 Qom,
COMMISSION EXPIRES MARCH 31, 191
A Public Hearing was held by the Town Board of the Town of Wappinger
on April 18, 1988, at the Town Hall, Middlebush Road, Town of Wappinger,
Dutchess County, New York, on a proposed Local Law on Interim Zoning.
Supervisor Paino opened the Hearing at 8:08 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
The Minutes of this Hearing were prepared by Court Stenographer,
Robin DiMichelle and are on file in the Town Clerk's Office in
the Local Law File.
Elaine H. Snowden
Town Clerk