1988-03-07 PHA Public Hearing was held by the Town Board of the Town of Wappinger
on March 7, 1988 at the Town Hall, 20 Middlebush Road, Town of Wappinger,
Dutchess County, New York on a proposed Local Law Regulating Parking
on Kent Road in the Town of Wappinger.
The Supervisor 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
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 noted that the purpose of the public hearing is to get
input from the residents of the area. They are aware of the fact that
there are a number of people in that vicinity who are opposed to this
Local Law and would like the Town Board to reject it. She had received
a call a few weeks ago from one of the residents who asked if a petition
should be circulated and she responded that if that was their intent,
fine, however, the Board would go along with the wishes of the residents,
whether a petition was submitted or not. This matter, she added, was
brought up at a Town Board meeting about a month or more ago by a
resident of the Town asking that the Town look into this situation.
At that time the Highway Superintendent and Engineer were requested to
visit the site and report to the Board. As a result, this Local Law
has been prepared for this public hearing and the comments made tonight
will be the basis for the Town Board's decision whether to adopt this
Law or reject it. She intends to vote against the law. Mr. Farina,
the Councilman who represents this Ward, had also received a communication
from a resident of Kent Road, the spokesman for these residents and based
on the discussion held with this resident, he, too, will be opposed to
the adoption of this law.
Mr. Valdati commented that he had visited this area at approximately
4:30 P.M. the previous day, (Sunday) and although he expected to find
many cars parked, he only observed one car parked in the area in
question. Upon talking with the residents, he was informed that the
problem only exists when there's company in the area such as a holiday
or special occasions for the involved residents.
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Mrs. Smith also visited the area and talked to the residents and
found no cars parked in that vicinity except her own, that would have
been in the way. She cited a law providing that Towns may implement
local laws on the demands of the people; she, too, is opposed to this
law.
Mr. Reis, Councilman of Ward 2, has been on Kent Road on several
occasions and did not understand why this law was necessary to those
who implied that it was. Since they are holding the public hearing
to determine if the public is in favor of it and it's obvious that
those present are not, he, too, will vote against it.
Mrs. Paino opened the Hearing to the public for their comments for or
against the proposed Local Law.
Ralph Ames, 110 Kent Road, said he was the resident they were referring
to. He read an article in the Poughkeepsie Journal on February 2, 1988
which referred to the New Hackensack Fire Company who stated that they
had problems in that area with parking; that is not the truth, he said.
They have never come to a Town Board meeting and said this. Mrs. Paino
said this must have been a misquote by the reporter, it could have been
that someone in the audience mentioned fire apparatus getting through
and that's the way it was picked up. He felt such action would be
discriminatory to these residents and presented a petition from the
homeowners in that area stating they were opposed to the adoption of
a local law restricting parking in front of their homes on Kent Road.
Out of the twelve homes in that area, eleven of them are opposed to
this proposed law; the other party was not at home over the weekend
and did not have the opportunity to voice their opinion and sign the
petition. To his knowledge, the only no parking zones in the Town
are on Marlorville.Road near the body shop, in the Chelsea area by'
the boat club and in Fleetwood Manor where there's a problem.. The
Highway Superintendent agreed with Mr. Ames. Their concern is street
vision; he felt it helps the speeding problem if there are cars
parked. He was dismayed that some of the Board Members that didn't
have the common courtesy to call or visit and find out what was going
on. He mentioned the new proposed Klein development on the Cohen
property on All Angels Hill Road and the IBM building on Myers Corners
Road--noone bothers to let the people in the area know what's going on.
He thanked Connie Smith and Robert Valdati who did come out and take a
look at the situation.
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Deborah Hongach, 108 Kent Road, told the Board they were all normal
homeowners like themselves who have company every once in awhile and
they cannot fit the extra cars in the driveway since unlike her, most
of the neighbors have driveway in front of their homes and they can
only accommodate so many cars; they therefore park the extra cars in
the street and now according to the Local Law that was published there
will be a $50.00 fine if the Board decides to keep this Law. Also since
Kent Road is a heavily traveled road, the children never play in the
street but use their driveways and this is another case where the cars
are removed from the driveways and parked in the streetso they can
ride the bikes or play basketball. It's ridiculous, she continued,
if they can't park the cars in the street without worrying about a fine.
Joseph Incoronato was curious as to where the input came from for this
proposed legislation; it was never brought up at a Town Board meeting,
he would know since he attends them all. About a month ago, he said,
the Town Board was very adamant about setting a public hearing on this
matter so they must have had a basis for promoting it. Now it seems
they have taken a 180° turn and are opposed to it. He agrees with the
residents and they would establish a dangerous precedent if they did
adopt this Law, by banning parking on any road in the Town. It appears
to him that communication has become a major problem between the Board
and the residents since a public hearing was scheduled at 7P.M. tonight
on a Local Law relating to Interim Zoning and that's what he came to
listen to.
Mrs. Paino responded that it was not the Town Board's idea to implement
this law, however, it did come about at a Town Board meeting when a
resident who attended this meeting (Mr. Incoronato must have missed
this one), complained about this situation and she is also present
tonight ---Barbara Gutzler, who asked that the Town Board take a look at
this situation; she felt the site distance was poor and there were far
too many cars parked on that portion of Baldwin Drive, indicated that she
lived on Russett Place and travels that road often and at times had
difficulty with the site distance due to the many cars parked at that
area. At that point it was recommended by the Town Board that the Town
Engineer and Highway Superintendent check out the situation.
Barbara Gutzler spoke up and asked to correct some of Mrs. Paino's
statements. She didn't think they were at the same Board meeting,
addressing herself to the Supervisor. Another lady who was at that
meeting and is also present tonight, complained about the parking and
said sometimes it can be distracting and Ms. Gutzler, trying to be a
good citizen concurred and added that at times she has to make a left
turn down the road and the cars come at her in the dark and the head-
lights can blind you and asked if there was something they could look
into to relieve that situation. At no time did she ask to have the
Town Engineer look into it; as she recalled, the Supervisor said that
perhaps we could have the Town Engineer or the Highway Superintendent
look into putting no parking signs there. She wanted the situation
corrected now, she was not asking to be mean to her neighbors.
Mrs. Paino rebutted that Ms. Gutzler did ask to have the Town look into
it and the proper agencies to do that would be the Town Engineer and the
Highway Superintendent.
Mrs. Smith interjected that she had the Minutes from that meeting and
quoted in part that the Supervisor recommended having the Town Engineer
and the Highway Superintendent visit the site and submit a report to the
Board. Mrs. Smith did not have a report but did have a copy of a letter
written to the Supervisor from the Town Engineer saying that the Town
Highway Superintendent agrees with him. Mrs. Paino again stated that
"Barbara" was among the one or two residents that complained about the
parking on that portion of Kent Road.
The Highway Superintendent was present and said at the time Mrs. Smith
mentioned this on Kent Road, he suggested from Baldwin Drive to Apple-
sauce Lane on top of the hill where the bad section of the curve comes
in until the development comes in and there may be more site distance
done on that property so people can see coming around the corner; he
didn't state the whole length of Kent Road, only that portion. Mrs.
Smith started to say she didn't mention it and Mrs. Paino said they
realized that.
Mr. Reis said before they get into any more discussion, he thinks it's
a very good idea that any concerns mentioned by any resident, the Town
should take a step and have a public hearing so it can be ironed out,
and apparently there were concerns on the part of the residents and the
Town Board did look into it and they are holding a public hearing. He
commended the Town Board for doing this since if no steps were taken by
the Board there would be room for someone to be disgruntled with them.
It's a good idea to have the input from all and it will be on the agenda
later on at the meeting for consideration. It has been previously
stated by each member of the Board how they intend to vote so everyone's
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concerns should be fully answered.
The Supervisor respectfully requested the Town Clerk to move this
item to the beginning of the Town Board meeting so the residents who
are present will know the official outcome of the proposed Local Law.
Deborah Hongach asked to make another comment and noted that she told
Mrs. Visconti yesterday that it might have something to do with the
development planned across the street. She's not against progress,
she won't fight the development, but if they need to have better
visibility, they have that property, they can use it, utilize their
own property, don't take away what she has.
Joseph Incoronato said he had previously raised two questions and
only one was addressed; the other one pertained to the other public
hearing that was scheduled and never held --what happened to it.
Mrs. Paino explained there were changes made to the proposed Law on
Interim Zoning and in a discussion with the Town Clerk, she felt that
the public hearing should not be held when there so many recommendations
made by the Planning Board to amend the Law.
There were no other comments made either for or against the proposed
Law.
MR. REIS moved to close the Public Hearing, seconded by Mr. Valdati
and unanimously carried.
The Public Hearing closed at 7:50 P.M.
laine 1i. Snowden
Town Clerk
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
PLEASE TAKE NOTICE that the Town
Board of the Town of Wappinger will con-
duct a Public Heanng to consider adopting
a Local Law Regulating Parking on Kent
Road m the Town of Wappinger as loNows:
LOCAL LAW REGULATION PARKING ON
KENT ROAD IN THE
TOWN OF WAPPINGER
SECTION 1. LEGISLATIVE INTENT
II is the intention ot the Town Board 01
the Town of Wapprnger in the interest of the
public heolth. wettare and safety of the peo-
ple ot the Town of Wapprnger, to restrict
parking on certain pans of Kent Road in the
Town ol Wappinger, so as to prevent any .
obstruction to Inc normal and regular flow
of traffic along Kent Road.
SECTION 2. PARKING RESTRICTED
The Highway Superintendent of the
Town of Wappinger is hereby directed to
install appropriate signs indicating that
there shall be no parking in the above
designated area.
SECTION 3. VIOLATIONS
The owner of any vehicle which is found
to be perked in a "no parking" zone as
enumerated above, shall be guilty of • viola-
tion and shall be subject to a fine in a sum
not to exceed $50.00.
SECTION 4. EFFECTIVE DATE
This Law shall take effect immediately
upon its tiling with the Secretary 01 State
of the State of New York,
Said Public hearing will be held on the
7th day of March 19888* 7:25 P.M. oras
scion thereafter 85 2110 public may be heard.
Anyone wishing to address this subject
should be present and prepared to speak
at Mat lime.
The Town Hall is located at 20 Mid-
dlebush Road, Wappingers Falls, New
York. A copy of this proposed Local Law is
available at the Office of the Town Clerk of
the Town of Wappinger.
ELAINE H SNOWDEN
TOWN CLERK
TOWN OF WAPPINGER
Dated: February 26, 1988
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Gi-s.e-1.a..Schmitz of the
Town of Wappinger, Dutchess County, New York,
being duly swc rays that he is, and at the several
times herein2 'as, 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
...2nd.. day of ....March 19.88. and on the
following dates thereafter, namely on
and ending on the .. 2nd day of ....March
19..88 both days inclusive
7d4 L2114 -
Subscribed and sworn to before me
this ...2nd.... day of
• • •
My commission expires
NOTA YORK
0 Q
EXF;;;ES
31, 191)0. *
Lk
Notary Public
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW REGULATING
PARKING ON KENT ROAD IN THE
TOWN OF WAPPINGER
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 26, 1988, your deponent posted a
copy of the attached notice of Pub1i_ ,aring on a proposed
Local Law Regulating Parking on Kent Road in the Town of
Wappinger, 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 %t;
day of %%�,��� 1988.
6:0,ee/
Notary Public
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NEW YOU
NO. 4866032
MAIMED IN DUTCHESS COUNTY r
COMMISSION WIRES AUG. 4, 19 ..�(•