1986-04-21 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
APRIL 21, 1986
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES April 7, 1986 Reg. - Special April 2, 1986 w/Twn PK
4. REPORTS OF OFFICERS:
Hydrant Report Rec. of Taxes Zng. Adm. Fire Insp.
Quarterly Report
5. PETITIONS & COMMUNICATIONS
a.
b.
c.
d.
e.
f.
Design Studio request for refund of Bldg.
H. Erichsen, CATV - response to providing
cablevision
Kenneth Stringer
Compt. Finance
Permit Fee
Stoneykill Area with
re: Request for reimbursement - Sewer backups
Jay Stricker - application for Hawking & Peddling License
Correspondence from N.Y.S.D.O.T. (1) response re: Traffic
signal at Rte 376 & Robinson Lane/Lake Walton Rd. Intersection
(2) Linear Speed limits North River & Old State Rds.
Notice of Public Hearing from Town of Fishkill on Zoning Ordinance
Amendment
g. Town of East Fishkill corr. Re: Nanco Labs of Town of E. Fishkill
h. Sharon Karlic re: dumping on vacant property off Rte 376
i. Thos. Logan, Assessor, recommendation regarding amended Finnegan
contract and request for Temporary Field worker
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Consider Montfort/Nestler Rezoning request
b. Consider Lloyd Rezoning request
c. Approve Amendment to Agreement with Rob't J. Finnegan &
Associates, Inc. and authorize Supervisor to sign
d. Introduce Rezoning Resolution for Rob't Maher property -Old Rte 9
e. Term of Office of Mary Schmalz, member of Recreation Commission
expires May 1, 1986
f. Consider acceptance of Fieldstone pump station
g. Authorize payment to C.B. Strain on invoice of $61,005.28
h. Consider Local Law #2-'86 - amending Environmental Quality Review
rT '4 a.. - al 01.114- etattaelii .
8. UNFINISHED BUSINESS U
Report from Engineer to Town re: Vivalda's request for a curtain drai
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Bimonthly Meeting of the Town Board of the Town
of Wappinger was held on April 21, 1986 at the Town Hall,
Mill Street, Wappingers Falls, Dutchess County, New York.
Supervisor Paino opened the Meeting at 9:05 P.M.
Present:
Irene Paino, Supervisor
Joseph Bracone, Councilman
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present
Joseph E. Paggi, Jr. Engineer
Kenneth Croshier, Highway Superintendent
The meeting started with the Pledge of Allegiance to the Flag.
All joined in a moment of silent prayer for the Town of Wappinger
and its residents.
The Minutes of the Regular Bimonthly Meeting on April 7, 1986
and the Special Meeting of April 2, 1986 with the Town Board of
Poughkeepsie, having previously been forwarded to all Board
Members, were now placed before them for their consideration.
Mr. Farina noted that he had abstained on granting a Peddler's
License for the sale of food and the Minutes of April 7, 1986
reflect that this motion was unanimously carried.
MRS. VISCONTI moved that the Minutes of the April 2, 1986
Meeting and the Minutes of the April 7, 1986 Meeting, as corrected,
be and they are approved, as submitted by the Town Clerk.
Seconded by Mr. Farina
Motion Unanimously Carried
Reports were received for the month of March from the Receiver
of Taxes, Zoning Administrator, Fire Inspector, Hydrant Report
and the Quarterly Financial Report from the Comptroller.
Mrs. Visconti referred to a note on the Hydrant Report that
the hydrant at Spook Hill Road and Old Hopewell Road is knocked
down and missing and asked if anything was being done on
replacing the hydrant. Mr. Croshier replied that this was
reported to Camo Pollution Control about two weeks ago and they
will follow up and replace the hydrant.
MRS. VISCONTI moved to accept the above stated reports and
place them on file.
Seconded by Mr. Farina Motion Unanimously Carried
Petitions & Communications ---
A request was received from Design Studio for a refund of
a building permit fee as follows:
Town Board
Mill Street
Wappingers Falls, N.Y. 12590 3/13/86
We would like our money refunded because the property was
sold prior to the beginning of the construction of our
proposed building.
Please put us on the town board for a hearing for a refund.
Please notify us in writing.
Mrs. Paino noted that they asked for a refund of $472.00.
She had notified the principals of Design Studio that they
would be placed on the agenda for this meeting. Mrs. Paino
researched the matter with the Planning Board to determine
if anything had been processed on their application; the
following communication was received from the Secretary:
Memo To:
From:
Date:
Subject:
Irene Paino, Supervisor
Linda Berberich, Secretary
March 3rd, 1986
Design Studio - Meyer & Marcia Matte
I received a call for Marcia Matte of Design Studio
on this date. Her and her husband applied for a site plan
on November 18th, 1985 and paid a fee of $402.00. The site
plan was sent to all agencies for their comments and we did
receive responses from the Engineer to the Town, Conservation
Advisory Council, and the Fire Prevention Bureau.
On the same date they also applied for a Special Use Permit
to the Zoning Board of Appeals and paid a fee of $35.00.
They are requesting that the application fee be returned.
Their telephone number is 297-0604.
Mrs. Snowden noted that there was no indication that the request
was for a refund on a building permit, but rather site plan
and Special Use Permit fees.
Mrs. Paino commented that the Town agencies had spent a great
deal of time reviewing these documents and it is not the fault
of the Town that their plans fell through before they could be
implemented. She, therefore, recommended that the request be
denied.
MR. FARINA moved that the request from Design Studio for refund
of site plan and Special Use Permit fees, be denied.
Seconded by Mr. Bracone
Motion Unanimously Carried
The following response was received from Howard Erichsen of
U. S. Cablevision in regard to providing CATV to the residents
of the Stoneykill Road area:
March 17, 1986
Irene M. Paino, Town Supervisor
Supervisor's Office
20 Middlebush Road
P.O. Box 324
Wappingers Falls, N.Y. 12590-0324
Dear Ms. Paino;
I am pleased to inform you that the results of our survey
on Stonykill Road indicate that the housing density now
exceeds a ration of 35 dwelling units per mile if we exclude
an 1880 foot section between utility poles 12 and 18, where
there presently are no homes.
We propose to extend our lines from Old State Road to
Pole 12 on Stonykill and from Baxtertown Road to pole 18 on
Stonykill. This will cover all existing dwelling units on
Stonykill Road.
We also propose to do part of Route 9D north of Stonykill
to serve 9 homes located 1,322 feet from Stonykill and south
on 9D 1,688 feet to serve 18 additional homes.
We have not notified the residents of this area that
cable service will be available later this year, instead
we wanted you and the Town Board to be the first to know.
However, we are proceeding with the project and will keep
you informed of progress.
Sincerely,
s/ Howard H. Erichsen
Regional Manager
MR. FARINA moved to receive the correspondence and place
it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
MRS. PAINO moved to send a letter to Mr. Erichsen thanking him
for availing the residents in that area of cable service and
request that he provide the Town Board with a time table that
has been specifically set forth for these two areas.
Seconded by Mr. Reis
Motion Unanimously Carried
A letter was received from Kenneth Stringer, 27 Cider Mill
Loop in the Town of Wappinger requesting reimbursement of
expenses incurred due to a sewer backup in his home which he
feels is a Town problem.
MRS. VISCONTI moved to refer this matter to the Engineer to
the Town and Camo Pollution Control for investigation and
report to the Town Board.
Seconded by Mr. Farina
Motion Unanimously Carried
1a7
An application for a Hawking and Peddling License to sell food
was submitted by Jay Stricker.
Mrs. Visconti noted that she had forwarded a note to the
Attorney inquiring whether the requirement for peddlers to
move their vehicle 1000 yards every thirty minutes was enforce-
able. She had not received a reply as of this date and suggested
that action be tabled pending an opinion from the Attorney.
Mrs. Snowden noted that this was a law on the books and is
under the jurisdiction of the Zoning Administrator. This law
was enacted for the purpose of requiring the vending vehicles
to keep moving so as not to infringe on the restaurants and
diners in the Town who are obliged to pay rent and taxes to
keep their business in operation.
Mrs. Visconti withdrew her objection to taking action tonight
but felt this should be pursued.
MRS. VISCONTI moved to approve a Peddlers License for Jay
Stricker to sell food throughout the Town.
Seconded by Mr. Reis
Motion Unanimously Carried
A communication was received from the New York State Department
of Transportation indicating that the traffic signal approved
for the intersection of Route 376/Lake Walton Road/Robinson
Lane is included in a contract scheduled for completion in
late 1987. A more definite date could not be provided by that
department since the contractor has the right to set priority
for the installation of various signals included in the contract.
Mrs. Visconti felt that perhaps the Town could be provided with
the priority list so the residents could have more definite
information on when they can expect relief at that intersection.
MRS. VISCONTI moved to send a letter to the N.Y.S.D.O.T.
requesting that the Town be provided with the priority status
set by the contractor for that particular traffic signal.
Seconded by Mr. Farina
Motion Unanimously Carried
The second communication from the N.Y.S.D.O.T. related to
reduced speed limits on North River Road to Old State Road
and Old State Road northerly from Route 9D to North River
Road, to 40 MPH. Our Highway Superintendent would be
responsible for installing the necessary signs.
MR. REIS moved to receive the communications from the N.Y.S.D.O.T.
and place them on file.
Seconded by Mr. Bracone
Motion Unanimously Carried
A Notice of Public Hearing was received from the Town of
Fishkill on Amendments to their Zoning Ordinance relating to
Site Development Plan Review, Existing Town Law Violations
and Schedule of Regulations for Non -Conforming Residential
Districts; our Town Clerk forwarded a copy of this Notice to
the Planning Board for their information.
MRS. VISCONTI moved to receive this communication and place
it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A response was received from the Town of East Fishkill regarding
our concerns on possible pollution of water due to the location
of Nanco Labs on Robinson Lane; the Town Clerk indicated in
her letter that the matter had been referred to their Planning
Board for review and report to the Town of Wappinger. As of
this day, no report has been received from their Planning Board.
Mrs. Visconti suggested that we send a follow-up to them in
two weeks time if we have no response by that time.
MR. REIS moved to receive the communication from the Town of East
Fishkill and place it on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mrs. Sharon Karlic, Route 376, wrote to the Board complaining
of dumping on a parcel across the street from her home.
MRS. PAINO moved to refer this complaint to the Zoning
Administrator for his investigation and also notify the
Dutchess County Sheriff of this dumping activity.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Assessor Thomas Logan wrote to the Board recommending that
the Town approve a proposed amendment to the contract with
Finnegan Associates who are presently conducting the updating
of the Town's Assessment Roll; he also suggests that the Town
approve hiring a field worker for his office to assist not only
Finnegan, but his office, as well.
MR. REIS moved to follow the recommendations set forth by
Assessor Thomas Logan.
Seconded by Mr. Farina
Motion Unanimously Carried
Before starting Committee Reports, Mrs. Paino introduced and
welcomed several young men in the audience from Boy Scout
Troop 12, Mt. Hope Grange. Assistant Scoutmaster, Bill Jandrew
and his scouts, Mike Sozzi, Kirk Zeaman, Aneesh Tolat, Manish
Naik and Mike Jandrew were attending the meeting as part of
the badge they were endeavoring to earn on Citizenship in
the Community.
Committee Reports ---
Mr. Bracone had no reports for this meeting.
Mr. Reis, Building and Housing, reported that the new Town
Hall was moving along and hoped we would have a moving date
in the near future. There are concerns on a potential drainage
problem;
if there
presently the Engineer is investigating to determine
is a problem and at such a time when this determination
is made a report will be made to the Board.
Mrs. Paino reported on a Seminar she attended last Saturday
relating to affordable housing; the information she acquired
at that seminar will be submitted to the Planning Board and
the newly formed Growth Management Committee that will
eventually address this matter.
Mr. Farina, Landfill Committee, noted that the Spring clean-up
is under way and he observed driving throughout the Town that
some residents were not observing the do's and don'ts, such
as tying items up in neat bundles, no paint cans or liquids,
no tires, etc. It would be a big help to the Highway Depart-
ment if they observed the regulations.
Mrs. Visconti attended an Airport Advisory Committee meeting
and noted that their prime concern at this time is the revision
and printing of airport regulations.
Dial -O -Ride Committee is concerned on federal cuts on this
service. They are considering alternate funding solutions and
Mrs. Visconti will present these to the Board at a future date.
/36
A Public Hearing having been held by the Town Board on an
Amendment to the Zoning Map (Montfort/Nestler, R-80 to HB -2A),
the matter was placed before the Board for their consideration.
Mrs. Paino recommended that no action be taken on this matter
tonight so the Board would have the opportunity to review the
comments made at the Public Hearing.
MR. FARINA moved to table action on the Montfort/Nestler
rezoning request for further review by the Town Board.
Seconded by Mr. Reis
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on an
Amendment to the Zoning Map (Lloyd Rezoning R-20 to HB -2A),
the matter was placed before the Board for their consideration.
MR. REIS moved to table action on this request to the May 5th,
1986 meeting, for further review by the Town Board.
Seconded by Mr. Farina
Motion Unanimously Carried
An Amendment to the contract with Finnegan Associates, relating
to the assessment of commercial and industrial properties, was
placed before the Board for their consideration. Mr. Logan,
Town Assessor, recommended that the Board agree to the amend-
ment and indicated that it would cost around $12,000.
MRS. VISCONTI moved to approve the Amendment to the contract
with Finnegan Associates and authorize the Supervisor to sign
the Amendment.
Seconded by Mr. Reis
Motion Unanimously Carried
A request was received from Robert Maher to rezone a parcel
on Old Route 9 from R-20 to HB -1A, to conform with the other
parcels.
MRS. VISCONTI moved to refer this rezoning request to the
Zoning Administrator for review and recommendation to the
Town Board.
Seconded by Mr. Farina
Motion Unanimously Carried
)31
There will be a vacancy on the Town Recreation Commission,
due to the expiration of Mary Schmalz's term on May 1, 1986.
Mrs. Visconti moved to reappoint Mary Schmalz as a member of
the Recreation Commission.
Motion Failed for Lack of a Second
The following resolution was offered by COUNCILMAN REIS who
moved its adoption:
RESOLVED, that Ralph Holt be and he is hereby appointed
to fill the vacancy on the Recreation Commission of the Town
of Wappinger which has occured by reason of the expiration
of the term of Mary Schmalz, and it is further
RESOLVED, that the said Ralph Holt is hereby appointed
to the said Recreation Commission for a five year term which
shall expire May 1, 1991.
Seconded by: Councilman Bracone
Roll Call Vote:
Councilman Bracone Aye
Councilman Farina Abstain
Councilman Reis Aye
Councilwoman Visconti Abstain
Supervisor Paino Aye
Resolution Duly Adopted
MR. REIS moved to send a letter to Mrs. Schmalz thanking her
for her many years of service to the Town, as a member of the
Recreation Commission.
Seconded by Mrs. Visconti
Motion Unanimously Carried
MRS. PAINO moved to appoint Ralph Holt as Chairman of the
Recreation Commission for the remainder of 1986.
Seconded by Mr. Reis
Roll Call Vote:
Councilman Bracone Aye
Councilman Farina Abstain
Councilman Reis Aye
Councilwoman Visconti Abstain
Supervisor Paino Aye
Motion Carried
A request from the developer of Fieldstone Farms for the Town
to accept the pumping station at that location, was tabled
at a previous meeting and referred to the Engineer to the
Town for his review and recommendation. The following report
was received from Joseph Paggi, Engineer to the Town:
t3c,
April 3, 1986
Town of Wappinger
Box 324
Wappingers Falls, New York 12590
Attention: Irene Paino, Supervisor
Re: Fieldstone Farms Pump Station
Dear Mrs. Paino:
At the request of Michael Tremper, CAMO, we have conducted
a field inspection of the above pump station with respect
to the drainage situation. The pump station is located in
the lowest area of the subdivision, and therefore is subject
to the runoff. The street drainage is contained by curbs
and discharged to the closed storm drain system. The area
near the pump station, directly in back of the curb, is
lower than the curb elevation, and therefore ponds. This
subjects the area to periodic flooding. The developer
and/or the developer's engineer should implement a plan to
avoid this situation. The plan could include grading work
or the extension of the drainage system. A submittal should
be made to the Town for its review.
With respect to the developer supplying the Town with an
emergency compressor, it is our opinion that this is
standard practice, and a recommended practice. Under the
Town's construction of the Wappinger Sewer Improvement #1,
units were provided for. This firm, however, was not
involved in the approval process of this project, and
therefore not aware of any specific conditions of the
approval.
If we can be of further assistance, please call this office.
Very truly yours,
s/ Joseph E. Paggi,Jr., P.E.
MRS. PAINO moved to notify Mr. Klein, developer of Fieldstone
Farms that the Town Board has tabled acceptance of the pumping
station, based on the recommendation of the Engineer, and
enclose with this letter, copy of the Engineer's report.
Seconded by Mr. Reis
Motion Unanimously Carried
A request for payment to C. B. Strain, heating contractor
for the new Town Hall, was tabled at the last meeting pending
investigation by Mr. Reis of the adequacy of the heating system.
Mr. Reis reported that it has been determined that the system
is working to its capacity and recommended that the payment
request ($61,005.28) be approved.
MR. REIS moved to authorize payment to C. B. Strain in the
amount of $61,005.28, as requested.
Seconded by Mr. Farina
Motion Unanimously Carried
A Public Hearing having been held on a proposed Local Law
amending Local Law #2 of 1977, on Environmental Quality
Review, by the Town Board on April 17, 1986, the matter was
placed before the Board for their consideration.
As a result of the input received at the Public Hearing,
Mrs. Paino explained that the Town Board intends to alter
the original proposal.
The following resolution was offered by SUPERVISOR PAINO
who moved its adoption:
WHEREAS, on April 7, 1986 proposed Local Law number "2"
of the year 1986 entitled "A Local Law supplementing the list
of Type I Actions under Part 617.12 of the State Environmental
Quality Review Regulations and establishing standards for
completeness of applications", was introduced by a member of
the Town Board, and a public hearing was held on that law on
April 17, 1986, and
WHEREAS, at that hearing certain suggestions were made
by members of the Town's Planning Board and members of the
public regarding modifications in the thresholds to be set,
and
WHEREAS, in response to these comments, the Town Board
wishes to consider making the following modifications in the
proposed local law:
1. Several residents of the Town indicated that they
felt that the threshold of two lots within the
poor soil areas was unfairly restrictive and
suggested modifying the threshold to somewhere
between three and five units. Accordingly, the
proposed revised local law would change the
thresholds to four or more units in the poor
soil areas. The threshold would continue to
be 12 or more units in the better quality soils.
The law would also more clearly list the various
types of poor soils included within the designations
on the map.
2. In non-residential projects, several members of the
Town's Planning Board indicated that they thought
the thresholds should be lower. In response to
their suggestion, the projects which involve
physical alteration of one or more acres; would
use ground or surface water in excess of 2,000
gallons per day; would include parking for 80
or more vehicles and would constitute a facility
with more than 10,000 square feet of gross floor
area; and
WHEREAS, the Board feels it important to obtain further
public comment on the proposed modifications,
NOW, THEREFORE, BE IT RESOLVED, that a further public
hearing will be held on May 5, 1986 at 7:00 P.M. at the
Town Hall for the purpose of considering the proposed
modifications concerning the proposed local law.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
13z1
A Public Hearing having been held by the Town Board on April
17th, 1986 on the proposed use of Community Development Funds
for funding the master plan and zoning, the matter was now
placed before them for their consideration.
The following resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
WHEREAS, the Town of Wappinger is participating in
the Dutchess County Community Development Consortium for
Fiscal Year 1986, and
WHEREAS, input from citizens and groups has been
received and considered, and
WHEREAS, a Community Development Plan has been
prepared and reviewed, and
WHEREAS, an application has been prepared which is
in conformance with said plan,
NOW, THEREFORE BE IT RESOLVED that the Dutchess County
Community Development Consortium Fiscal Year 1986 application
for the Town of Wappinger including the certifications
included therein be and hereby is approved, and
BE IT FURTHER RESOLVED, that the submission of said
application to Dutchess County Department of Planning be
and hereby is authorized.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
Unfinished Business ---
The following report was received from the Engineer to the
Town regarding Mr. Vivalda's request for a curtain drain.
April 8, 1986
Town of Wappinger
Box 324
Wappingers Falls, New York 12590
Attention: Irene Paino, Supervisor
RE: Vivalda, Shale Drive
Dear Mrs. Paino:
At the request of the Town Board, we have reviewed the above
premise to review the drainage situation. Mr. Vivalda
requests permission to tie a curtain drain into the Town
storm sewer system on Montfort Road.
Our preliminary findings show that if a curtain drain is
installed on the high side of the existing sewer system,
there should be no problem tying into the Town storm system.
I would further recommend that the homeowner retain a
professional to draw a sketch of the proposed improvements
for the Town's review. Also, please be further advised that
the Town will in no way certify that the installation of this
curtain drain will help the condition of his sewer system.
If we can be of further help, please call this office.
Very truly yours,
s/ Joseph E. Paggi, Jr.
1,
MRS. PAINO moved to direct a letter to Mr. Vivalda, informing
him that the Town Board concurs with the recommendations set
forth in the Engineer's report of April 8, 1986 to the
Supervisor and carbon copied to him and request that he
respond to the Town Board regarding his intentions on this
matter.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino requested that the concluding statement in the
Engineer's report, "the Town will in no way certify that
the installation of this curtain drain will help the condition
of his sewer system", be reiterated in the letter to Mr. Vivaldo.
New Business ---
Bernice Mills, resident of the Town, was recognized by the
Chair and noted that she had no objection to the appointment
of Ralph Holt as Chairman of the Recreation Commission, but
questioned whether he'd have an open mind on recreation needs
of the Town, as he has been very active in Little League.
Mrs. Mills also had questions on the landfill site regarding
its availibility to the residents on the first Saturday of each
month. Mr. Farina responded that it would be open on the first
Saturday of June and will continue to the Fall at which time
they will address the matter.
Continuing on landfill, Mrs. Mills asked how long the Town
would continue being a dump for the Village of Wappingers Falls;
they have been helped by the Town long enough and it's time
they found their own disposal site. She felt that the Town
could be using that site longer if it wasn't for the Village
participating in our clean-ups. She urged the Town Board to
take action to halt the Village from using our site.
Mrs. Paino, in answer to these comments, responded that Mr.
Holt did have a past involvement in Little League, however he
is no longer president of that association, and indicated to
the Town Board that he was interested in all aspects of
recreation for the Town residents. As far as Village partici-
pation in our landfill, it is solely for the use of Village
residents within our Town, and pointed out that these people
pay Town taxes and are entitled to some services. Mrs. Mills
rebutted that they do not pay taxes for the landfill and should
not be using it. The discussion concluded when Mrs. Paino
emphasized the fact that they do pay Town taxes and should be
entitled to some services from the Town.
There was no other business to come before the Board.
MR. REIS moved to adjourn the meeting, seconded by Mr.
Bracone and unanimously carried.
The meeting adjourned at 9:57 P.M
Reg. Bimonthly Mtg. 4/21/86
Elaine H. Snowden
Town Clerk
)36
A Public Hearing was held by the Town Board of the Town of
Wappinger on May 5th, 1986 on a proposed revised Local Law
amending Local Law #2 of 1977 entitled Environmental Quality
Review.
Supervisor Paino opened the Hearing at 7:08 P.M.
Present:
Irene Paino, Supervisor
Joseph Bracone, Councilman
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
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 a part thereof of the Minutes of
this Hearing).
Mrs. Paino noted that this Hearing on a revised Local Law is a
result of the comments made by the residents at the previous
hearing on April 17, 1986. It was indicated at the public
hearing that the construction of two or more units in residential
zoning would be under Type I actions which would be considered
more likely to consider the preparation of an Environmental
Impact Statement; the residents suggested changing these units
to three to five units. The revised Law now calls for four or
more units be listed under Type I actions. The commercial zoning
was also changed from projects of five acres or more to one acre
or more to be listed under Type I actions.
Mrs. Paino asked for comments from the public either for or against
the revised Local Law.
There were no comments or questions from those public relating to
the revision of the Local Law.
MRS. PAINO moved to close the Public Hearing, seconded by Mr.
Reis and unanimously carried.
The Hearing closed at 7:10 P.M.
Elaine H. Snowden
Town Clerk
4
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED REVISED LOCAL LAW
AMENDING LOCAL LAW #2 OF 1977
ENTITLED ENVIRONMENTAL
QUALITY REVIEW
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 29th, 1986, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed revised Local Law Amending LOCal Law #2 of 1977,
entitled Environmental Quality Review, on the signboard
maintained by your deponent in her office in the Town Hall
of the Town of Wappinger, Mill Street, Wappingers Falls,
Dutchess County, New York.
Sworn to before me this
day of
,,Q,,,„,_
Notary Publi‘
1986
anAalk,
Elaine H. Snowden
Town Clerk
Town of Wappinger
MAO 14M
Nib
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,oa iernAg ilI� it
7L® and 0. D.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS, NT 12590
NOTICE OF FURTHER
OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the public
hearing held on Thursday, April 17, 1986
• at the .Town of Wappinger Town Hall, Mill
Street, Wappingers Falls, New York+pn pro-
omproieleeeklavokiba
1c.1988 entitled "A local law suupppplementinggr
4-tthf�list.of Type, 1 Actions under.Part 817.12
o the State Environmental Quality Review
Regulations snd establishing standards for I
applications." will be con-
' tinued at 7:00 p.m. on Monday, May 5, 1988
at the Town Hall, Mill Street, Wappingers '
Falls, N.Y., for the purpose of considering
various modifications in the proposed local
law prior to adoption including the following:
1. The proposed revised local law would
Increase the threshold from two or more
units to four or more units in the poor soil
areas. The threshold would continue to be
12 or more units in the better quality soils.
The law would also more clearly list the
various types of poor soils designated on
the map. •
2. The proposed local law, as revised,
would lower the thresholds on non-
residential projects to include those which
involve physical alteration of one or more
acres; would use ground or surface water
in excess of 2,000 gallons per day; would
include parking for 80 or more vehicles and
would constitute a facility with more than
10,000 square feet of gross floor area.
At the hearing, all interested parties will
be heard, both on the proposed modifica-
tions in the local law and any possible en- :
vironmental impacts of these modifications.
Complete copies of the pr sed local
law and the Environmental Assessment
Form relating to it are available for inspec-
tion at the Town Hall.
Dated: April 23, 1986
Elaine Snowden, Town Clerk
Town of Wappinger
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Gisela Sebtgi,14 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 W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year in the Town of
Wappinger, Dutchess County, New York, and that the
annexed NOTICE was duly published •in the said
newspaper for ... Ane ... weeks successively ..once.
. in each week, commencing on the 30th . day of .Apra
. 1986.. and on the following dates thereafter, namely
on
and ending on the ...30th day of. April
1986.. both days inclusive.
4,4
Subscribed and sworn to before me
this .30th day of.Ap
My commission expires
Notary Public
RACHEL WISHART
NOTARY PUBLIC. STATE OF NEW YORK
QUALIFIED !N DUTCHESS COUNTY
# 14-4355::2
COMMISSION EXPIRES MARCH 31, 19 2,
A Public Hearing was held by the Town Board of the Town of
Wappinger on April 21, 1986 at the Town Hall, Mill Street
Wappingers Falls, New York, on an Amendment to the Zoning Map
(Lloyd Rezoning R-20 to HB -2A).
The Supervisor opened the Hearing at 7:06 P.M.
Present:
Irene Paino, Supervisor
Joseph Bracone, Councilman
Vincent Farina, Councilman
David Reis, 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 explained that this rezoning request was received from
the owners, 22 Associates, of a 5 acre parcel at the northwest
corner of Osborne Hill Road and Route 9, which it desires to
develop as a Lloyd Home and Building Center. The front portion
of the parcel is zoned HB -2A (Highway Business) and the rear
portion is zoned R-20. They have requested this rezoning in
order to conform the parcel to HB -2A and intend to use the back
portion for parking and storage purposes.
The procedure they would follow will be to have the applicant
make his presentation to the public, following this, the hearing
will be open to the public to allow them to question the applicant
on items applicable to the subject matter.
Mr. Lawrence Piazza, one of the owners of the parcel, elaborated
on the facts previously stated by the Supervisor, noting that the
front portion of 3.+ acres is presently zoned for the intended use
of the property; the additional 1.65 acres in the rear is landlocked
from the Osborne Hill side due to a drainage easement to the State
of New York for Route 9 highway. This results in no access from
the Osborne Hill Road and non -usable property in its zoning
category of residential. Mr. Piazza referred to the site plan
and explained the intended use of the parcel they hope to have
rezoned which included a driveway around to the rear, 12 parking
spaces and a storage area totally enclosed in its own security
fence. If the rezoning is not approved, the prospective tenant,
Lloyd Home and Building Center, will not lease the premises since
their operation requires the commercial zoning for the total parcel.
Mr. Piazza noted that recommendations have been received from Town
agencies, County agencies and State agencies; the environmental
assessment form has been submitted three times to accommodate
concerns of the Town in some areas. This request was submitted to
the previous Town Board and has now been carried over to the present
Board; the original submission was nearly a year ago. The owners,
22 Associates, feel that the intended use of the front portion of
this land will have a minimal impact on traffic, water sewer, etc
as opposed to other allowable uses being put there, such as fast
food operation, 7-11 store etc. As for screening, there are a
tremendous number of trees already bordering its lines and a great
depth in the rear which would not be disturbed; in addition they will
put in trees at areas of concern. He encouraged the Board to visit
the Lloyd Home and Building Center in Poughkeepsie so they would
have knowledge of what was going in at that location. It will be
a tax gain to the Town with minimal impact, a clean industry unlike
some of the business on Route 9. It was his opinion that he had
justified all the arguments that have been or could be brought up
by the Town or its residents.
Jack Railing, Engineer for the project, submitted the third
environmental assessment form to the Board for their review.
Mrs. Paino noted that the Town Board does not plan to act on this
rezoning request tonight; they will review Mr. Piazza's presentation
and the comments from the public prior to their consideration of
the application. She requested that the recommendations of the
Dutchess County Department of Planning and the Town Planning Board
be read into the Minutes of the Hearing.
The following letter was received from the Dutchess County Department
of Planning:
April 17, 1986
To: Town Board, Town of Wappinger
Re: Referral 86-158, Lloyd Rezoning, Parcel No. 615704-599136
The Dutchess County Department of Planning has reviewed the subject
referral within the framework of General Municipal Law (Article
12B, Sections 239-1 and 239-m). The Department has considered
the proposed activity in the context of countywide and inter-
municipal factors and finds that the Board's decision is
primarily a matter of special concern.
Subject application would rezone approximately 1.6 acres of land
from R-20 (Residential) to HB -2A (Highway Business). This area
is in the rear of land zoned for highway business uses and
fronting on Route 9.
The Town Development Plan recommends that this property and
adjacent areas be used for residential purposes. The front of
the parcel is, however, zoned for commercial use.
General planning principles encourage the provision of an
adequate amount of land for individual uses, whether they are
commercial, residential or industrial in nature. When adequate
land is provided, sufficient land can be set aside for access,
parking, buildings, buffer areas and landscaping.
Specific concerns in the subject application concern access,
landscaping and buffer areas. Sufficient turning lanes should
be provided near the access point to Route 9; New York State
Department of Transportation should be consulted for their
recommendations. Landscaping should be provided around any
fenced area to minimize the visual impact on the adjacent
residential district. An undisturbed buffer area, free of
off-street parking, accessory building, storage or other uses
or structures, should be provided where the property abuts
residential districts.
The Dutchess County Department of Planning recommends that the
Town Board consider the above points during its decision making
process. After such consideration, this Department recommends
that the decision in this case be based upon local study of the
facts.
The Dutchess County Department of Planning does not presume to
base its decision on the legalities or illegalities of the facts
or procedures enumerated in the subject zoning action.
S/ Richard Birch
Planning Supervisor
Memo To:
From:
Date:
Subject:
Town Board
Planning Board
March 31st, 1986
Lloyd Rezoning
As requested in your letter to the Planning Board dated
March 19th, 1986, the Planning Board reviewed the rezoning at
their March 24th, 1986 meeting.
Mr. Fanuele made a motion to recommend that the whole 5
acre parcel be rezoned to HB -5A for the reason that the Board
would like to make sure that the parcel does not get subdivided
any smaller. Also, the Planning Board expressed a concern with
traffic and would like to recommenI that the applicant produce
evidence that they will not have a traffic problem; Mr. Howell
seconded the motion and the motion was carried.
The Hearing was opened to the public and Mrs. Paino requested
the speakers to address their comments to the applicant.
Tim Classey, Fleetwood Manor, stated that he and his neighbors
will be greatly affected by this project. He requested the Town
Board and the audience to address this proposal strictly from the
pros and cons submitted and not from a political aspect. His
main concerns were traffic and safety; problem for the motorist
north
traveling/who must make a U turn and then proceed south. This
creates a hazard since a U turn requires more space; also Osborne
Hill Road will realize increased traffic from this facility and
additional trucks will be on the road both Lloyd's trucks and their
customers. He spoke of the difficulty motorists have now if
they are traveling north and want access to Osborne Hill Road;
if will be a lot worse if Lloyd builds their store there.
It was his understanding that the property is not owned by
Lloyds and if it is their parcel, it was recently purchased
Any hardship created by the denial of this rezoning request
will be self-created. He had no objection to Lloyds, just felt
it should be at a different location. He asked that the Town
Board carefully consider their action and felt that common sense
alone would not permit them to approve it.
Mr. Piazza responded to these concerns, first on traffic, all
businesses along Route 9 require traffic to cut across the
lanes of traffic and make U turns; they would work with any
homeowner's association to see that a traffic light is put in
at that location. Relating to ownership, 22 Associates is the
owner of record and Lloyds will lease the property if the
property is rezoned.
Michael Hirkala commented that his concern was that this
rezoning would not conform with the Town's master plan. He
also agreed with the facts brought up by Mr. Classey and felt
that the Town could hold up on this rezoning until the Route 9
corridor study was completed. He had the opportunity to review
their Environmental Assessment Form that was on file; he learned
tonight there are three of them, one of which was submitted at
this hearing. When does the public get a chance to review them?
Mrs. Paino noted that the second environmental form was
submitted Friday and she doubts if the Town Board had a chance
to look at it since they may not have received it until today;
the Board will not act on this request tonight so they will have
the opportunity to review the documents and consider the comments
made at this hearing.
Mr. Piazza responded to Mr. Hirkala's concerns on traffic,
pointing out that the New YOrk State Department of Transportation
had given approval on the entrance and exit; he reiterated the
reason why there were three environmental forms submitted ---
concerns of the Town caused these submissions.
Frank Devine, Kretch Circle, asked if anyone has approached
the State Transportation and requested a traffic light at
Osborne Hill Road, Traffic is his main concern and he felt
they should have an ounce of prevention with a traffic light at that
intersection. The Town Board should insist that the State take a
look at the situation.
Joseph Incoronato, resident of the Town, echoed Mr. Classey's
statements on safety and the traffic this building would generate.
He has no objection to Lloyd , half of his home is built from their
materials, but it is a bad site to locate. He, too, was concerned
with the traffic that already exists through that area. Fishkill
people going to Poughkeepsie, use 9D, Ketchamtown Road, Osborne
Hill Road to Route 9 and the reverse when heading home, so there's
a constant flow of traffic through these areas. This project
will add to that flow. He mentioned, as Mr. Hirkala did previously,
that they were not really landlocked, since they owned the two
parcels. His proposal for that area if they had to rezone would
be to rezone it residential for eight homes, which will add 16
cars to the area and will not generate the traffic problems that
the Lloyd building will. He is concerned on what is happening
in the southern tier of the Town. He also objected to the present
habit of Lloyd piling their materials up to the shoulder of Route 9;
he's sure the.new store will follow the same pattern. He hoped
the Board would take this rezoning into careful consideration,
and repeated his suggestion that if it has to be rezoned, make it
all residential; it will still be in keeping with the surrounding
area and will minimize the amount of traffic.
Mr. Piazza responded to the objections and reiterated his statement
that the storage building will be at the rear of the building,
nothing will be piled in front. The present store in Fishkill
will be continued as a lumber yard for commercial use only,
meaning that contractors will buy materials there, and home users
will be directed to the new facility. Their intended use if filed
with the site plan and if there were any deviation from that use,
they would be in violation, therefore, they have no intention of
uses other than what they have in their application. He could not
understand or accept Mr. Incoronato's proposal to turn all that
land into residential zoning. The impact environmentally on
sewer waste and water resources would be far greater than anyone
could imagine; the traffic noise on Route 9 would not be conducive
to residential dwelling. He offered his assistance to convince
the State that a traffic light is needed, if that was the wish of
concerned residents and the Board.
Bernice Mills, resident of the Town, felt there wasn't much you
can do about the traffic, it's been on Route 9 for a long time and
it will continue. That is where business belongs, certainly not
residential zoning. They should look at orderly growth for
commercial business along Route 9 where it belongs. She has no
objection to Lloyd coming in at that location.
Michael Hirkala referred to Mr. Piazza's statement that he had
approval from the NYSDOT for ingress and egress, and noted that is
where the problem is ---their approvals of these cut outs on Route 9.
They don't live in the Town and therefore don't worry about the
inconveniences their approvals cause. The Town has the right to
go over them, beyond their requirements. They are looking at only
one parcel, not the area. It was his opinion that the Town should
indicate the entrance and exit they wished placed there and submit
their plan to the State.
Al Windheim, Osborne Hill Road asked who is the boss, the State or
the Town. Mrs. Paino responded that, relating to roads, the State
would govern this, however, the Town Planning Board can set forth
stipulations. Mr. Windhem noted that as far as traffic on Osborne
Hill Road, there are two entrances on Route 9, but most people don't
use Smithtown Road, and they should be using it. He agreed with
Mrs. Mills --you can't stop progress; you're always going to have
traffic. Every generation complains, but you have to work together.
Tim Classey referred to some statements made that he did not agree
with, one of them being, you can't stop progress. Let's make sure
there is progress before going ahead with this building center. If
you're building something that's going to compound problems that
already exist, that's not progress. Another statement, it's coming
and we can't stop it --he doesn't agree with that. The Town Board
has the power, right and obligation to stop it if it's not right.
There were no other comments made either for or against this
rezoning.
MR. REIS moved to close the public hearing, seconded by Mr. Bracone
and unanimously carried.
The Hearing closed at 8:04 P.M.
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 ON. AN
AMENDMENT TO THE ZONING MAP
OF THE TOWN OF WAPPINGER ,
(LLOYD REZONING R-20 to HB -2A)
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 9, 1986, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Amendment to the Zoning Map of the Town of Wappinger,
on the signboard maintained by your deponent in her office
in the Town Hall, Mill Street, Wappingers Falls, New York.
Sworn to before me this c'/
day of 1986.
Notary Publi
Elaine H. Snowden
Town Clerk
Town of Wappinger
DISPLAY ADVERTISING
NEWS
CLASSIFIED ADVERTISING
914 297-3723 .
84 EAST MAIN STREET—WAPPINGERS FALLS + NY 12590
PLEASE TAKE NOTICE that the Town
Board of the Town of Wappinger will hold
a Public Hearing on April 21st, 1986 al 7:00
P.M. at the Town Hall, Mill Street, Wapp-
ingers Falls, Dutchess County, New York,
on an Amendment to the Zoning Ordinance
(Loyd Rezoning R-20 to HB -2A), as follows:
The following Ordinance was introduced
by SUPERVISOR PAINO:
BE IT RESOLVED AND ORDAINED by
the Town Board o1 the Town of Wappinger,
Dutchess County, New York, in purauaance
to the Authority conferred by the Laws of
the State of New York, as follows:
SECTION .1. The Town of Wappinger
Zoning Map adopted March 10, 1980, and
as amended trom time to time, is hereby
further amended by rezoning the folkowirrrgg
portion of a Parcel of land from R-20
(Reeidential) to HB -2A (Highway Business
• 2 Acres) classification, said portion of real
property more particularly described as
follows:
All that parcel of land situate in the Town
of Wappinger, County of Dulchess and
State of New York, bounded and describ-
ed as follows:
Beginning ata point on the southerly dM-
sion line of the herein described parcel and
•.Ihe Northerly line of lands now or formerly
Matthew and Audrey Hussey (Libor 1085,
Page 535) said point being North 74-46-00
West 26.22 feet, North 87-58-00 West
144.30 feet and North 85.36-00 West 31.05
feet from the Northeast corner of the
aforementioned Hussey, and the Westerly
lne of Osborne Hill Road, running thence
Westerly along the Southerly division line
of the herein described parcel and along
the Northerly line of the aforementioned
Hussey, North -85-36-00 West 130.45 feet,
North 86-07-00 West 133.30 feet, and
South 55-13-00 Weal 1.53 feet to a point
marking the Southwest corner of the herein
described parcel and the Easterly line of
lards now or formerly Barry Cohen. runn-
ing
unt-Ing thence along the same, North 14-30-10
East 74.94 feet, North 14-42-10 East 201.44
feet, North 2451-10 East 234.93 feet, and
North 59-22-50 Eaal 9.97 feet to a point
marking the frost Northerly corner of the
n - herein described parcel and the Easterly '
line o1 a zoning line designated as R•20„
running thence Southerly through other •
lands of the grantor herein, and along said
'zoning line, South 09-48-30 East 511.28
feet to the point or place o1 beginning.
Containing 1.675 acres of land more or
less.
Subject to restrictions, restrictive
covenants, easements and/or agreements
of record, it any.
PRESENT OWNERS:
- 22 Associates, LTD 4r --
Tax Grid Number:
19-6157-04-599138-00
Deed Recorded:
Liber 1688 Page 519
Said described Parcel being a portion of
the above owners 5.00 Acre parcel, which
' Is bounded by the lolbwng parcels of real
property:
South by Matthew and Audrey Hussey
West by Barry Cohen
North by Stella 8 Phillip Dominicus
East by U.S. Rte 9
SECTION II. This amendment shall
come effective upon adoption, Posting
1 Publication, as prescribed by Town
Elaine H. Snowden
Town Clerk
• April 1, 1988
f Publication: April 9, 1986
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
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 W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year 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 once
. in each week, commencing on the 9th day of Apr.
. 19. 86, and on the following dates thereafter, namely
On
and ending on the 9th day of April
19. both days inclusive.
Subscribed and sworn to before me
this 9th day of. ..AA? ... 19 86
Notary Publi,;
My commission expires
ALBERT M. OSTEN
NOTARY PUBLIC, STATE Q,T NEW YORK
QUA,L!F!ED Itl GUT,.,. ,.., COUNTY
#144;24f7.17(50
commiSS105 EXPIRES *I iL"r 30, 19.. 1
A Public Hearing was held by the Town Board of the Town of
Wappinger on April 21,1986 on an Amendment to the Zoning Ordinance
(Montfort/Nester R-80 to HB -2A).
Supervisor Paino opened the Hearing at 8:22 P.M.
Present:
The
and
are
Irene Paino, Supervisor
Joseph Bracone, Councilman
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Town Clerk offered for the record the Affidavit of Posting
Publication duly signed and notarized. (These Affidavits
attached hereto and made part thereof of the minutes of this
Hearing).
Bruce Nestler was present and explained that the' property was
previously zoned HB -2A and reverted back to a 30'0 foot
strip
residential zoning. Their request was to rezone these portions
back to HB -2A so these lots will conform with the other lots in
their commercial subdivision.
Mrs. Paino requested the public to direct their comments/questions
to the applicant.
Joseph Incoronato, resident of the Town commented that the
character of this area is residential and was zoned R-80 for
environmental purposes. He would not like to see the ecology
of the area damaged or the residential character of the neighbor-
hood infringed on by commercial development. By approving this
request they would contradict the master plan and the courts would
look on this as spot rezoning. He objected to the rezoning of
these parcels to HB -2A.
Mr. Nestler noted that he thought they had approval for a
commercial subdivision until they discovered that the 300 foot
strip was zoned back to residential, which would destroy two lots.
He did not feel anyone would want to build a home back there.
If this property was rezoned they'd have a
along Cooper Road with miximum setback.
Al Windheim, Osborne Hill Road asked when was this area rezoned
and did they notify the owners; why did they rezone it? They
originally rezoned it all commercial, then someone else decides
to zone it back to residential. If they get this approved tonight,
road and
a buffer area
another councilmanmight come in and zone it back to residential
Mrs. Paino replied thatit was commercial and several years ago
they took the 300 foot parcel on the westerly side of Smithtown Road
and zoned it residential. This was done prior to her time on the
Town Board.
Mr. Nestler replied that they were never notified of the change;
they have the lots under contract and would like to resolve this
tonight.
Michael Hirkala--he's looking at this request on an overall
concept, not just an individual request for altering 1 or 2 lots.
He would like to know if the road belongs to the Town or the de-
veloper; he's under impression that the road is not supposed to
connect to Smithtown Road, but would be maintained for emergency
vehicles to have access.
Mr. Piazza responded that the road is strictly a fire lane and
it is presently being paved 25'wide and they have to post and
chain this access. He hopes the Town will take it over after it is
brought up to Town road specifications.
Peter White, resident of the Town, felt if a person owns a piece
of property and has a more favorable zoning on it, then the Town
rezones it more restrictive, the owner of the parcel should be
notified. He should be able to have the most beneficial zoning,
particularly since it was zoned that way to begin with.
The law requires that a legal notice be placed in the newspaper
stating that this action was taken by the Town Board, Mrs. Paino
noted. This was the procedure followed by the administration
prior to the last one.
Ed Hawksley, resident of the Town, noted that this rezoning was
done in 1980 at the time the Zoning Map was changed. It wasn't
that recent and the applicant certainly had time to seek redress.
Notification was by public notice in the newspapers, as the Town
certainly could not send a notice to each and every one affected
by the rezoning. It was his opinion that any application requesting
a rezone should be required to demonstrate that there is a community
need for that rezoning. This does not mean the financial need of
that particular applicant, it means the need within the community;
to go from residential to highway business in that area where
there is already HB zoning, does not demonstrate a need for that
change. He suggested that rather than extending the HB zone up to
Smithtown Road, it might be more appropriate to move the R-80 in to
the lot line of the two lots which abuts Smithtown Road. There
would then be no conflict and if they were considering rezoning
that would be the proper way to go.
Mr. Nestler repeated his statements that the parcel was HB -2A at
one time and the 300 foot strip was rezoned. They didn't catch it
until they went out to contract on one of the lots. He's here
tonight to straighten it out by the Board rezoning the strip back
to HB -2A.
There were no other comments made either for or against the rezoning
request and at this point Mr. Paino requested that the recommenda-
tions of the Dutchess County Department of Planning and the Town
Planning Board be read into the Minutes of this Hearing.
The following recommendation was received from the Dutchess County
Planning Department:
April 17, 1986
To: Town Board, Town of Wappinger
Re: Referral 86-075, (Revised) Montfort and Nelson REzoning
Parcel: 6156-02-839925 and 865914
The Dutchess County Department of Planning has reviewed the subject
referral within the framework of General Municipal Law (Article
12B, Sections 239-1 and 239-m). The Department has condisered the
proposed activity in the context of countywide and intermunicipal
factors and finds that the Board's decision primarily involves a
matter of special concern.
The subject properties are now divided by a line separating
residential (R-80) and highway business (HB -2A) zones. The
portions of these properties which lie within the business
zone are part of a developing commercial park accessed by
an internal road extending from Old Route 9 to the properties.
The portions of these properties which are within 300' of
of Smithtown Road are part of a rural residential neighborhood.
This request would extend the HB -2A zone across the subject
properties to Smithtown Road.
Approval of this zoning amendment could have the effect of
releasing commercialpressures onto the adjacent lands of the
residential neighborhood along Smithtown Road. Developers of
either property may be inclined to establish access onto
Smithtown Road that would encourage commercial traffic; buildings
and associated paved areas would necessarily remove the woods that
now serve as a natural buffer between the two zones; residential
properties to the northwest would be bounded by the through road
or by business uses, isolating them somewhat from the rest of the
neighborhood and diminishing their value as residential sites.
Given that the commercial park is meant to provide a site for
concentrated, large-scale, non-residential uses, it would seem
inappropriate to link the site with an established residentail
area. The Dutchess County Department of Planning recommends
that if this zoning amendment is approved, such approval should
be modivied to include the following conditions:
1. No access, except a provision for emergency access if deemed
necessary, should be allowed for the subject properties to
Smith town Road.
2. A buffer area be required for all subject properties abutting
Smithtown Road. A buffer area of fifty (50') from Smithtown
Road is recommended. It is further recommended that this be
an undisturbed buffer area without any parking, accessory
buildings or other uses.
The Town Development Plan has designated the Smithtown Road area
for residential land uses. These provisions would help mitigate
the adverse affects of commercial development in the residential
area of SMithtown Road. This would implement the Town Development
Plan goal that "Land should be distributed in a compatible arrange-
ment so that conflicts between various uses are avoided."
These modifications could be accomplished through a conditional
rezoning. The Town Attorney should be consulted for the develop-
ment of appropriate legal mechanisms to inmplement a conditional
rezoning. This Department, in association with the County
Attorney's office, would be able to provide assistance in this
matter.
Consideration should also be given to the following concerns.
The width of the road right of way between the subject properties
can be reduced in width if it is to be an emergency entrance;
this would increase the size of the subject lots. The post and
chain could be moved back to it is not visible from Smithtown
Road. The emergency access road, if it is to be paved, could be
constructed of a surface such as bricks and grass to minimize
the visual impact on the Smithtown Road area.
The Dutchess County Department of Planning does not presume to
base its decision on the legalities or illegalities of the facts
or procedures enumerated in the subject zoning action.
s/ Richard Birch, Planning Supervisor
Memo To:
From:
Date:
Subject:
Town Board
Planning Board
February 18th, 1986
Montfort & Nestler - Request for Re -zoning
The above mentioned request was discussed at the regular
meeting of the Planning Board on February 10th, 1986.
The Planning Board has no objection to the re -zoning as
long as it follows all the zoning regulations, but, the Board
did express a major concern with the road being continued
through to Smithtown Road.
Thank you for the consideration.
There were no other comments made either for or against the
rezoning request from Montfort/Nestler.
MR. REIS moved to close the Public Hearing, seconded by Mr. Farina
and unanimously carried.
The Hearing closed at 8:43 P.M.
aktoc
Elaine H.
Town Clerk
Snowden
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF
NOTICE OF PUBLIC HEARING ON AN
AMENDMENT TO THE ZONING MAP
OF THE TOWN OF WAPPINGER
(MONTFORT/NESTLER R-80 to HB -2A)
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
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 9, 1986, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Amendment to the Zoning Map of the Town of Wappinger,
on the signboard maintained by your deponent in her office
in the Town Hall, Mill Street, Wappingers Falls, New York.
Sworn to before me this e.A2,/
day of
1986.
SZ,UA)% A.4t0('
Notary Public/
LL st
Elaine H. Snowden
Town Clerk
Town of Wappinger
InENg IBUDD
Notary Public, Bunn el NI VgIP*
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anallfted In Ontonal OW*
Commis,Inn WOWS IMO Os if,‘"
VS. and O. D.
NEWS
•DISPL AY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET-WAPPINGERS FALLS
PLEASE TAKE NOTICE that the Town
Board of the Town of Wappinger will hold
a Public Hearing on' April 21st, 1986 a17:15'
p.m. at the Town Hall, Mill Street, Wapp-
ingers Falls, Dutchess County, New York,
on an Amendment to the Zoning Ordinance
(MontforVNestler Rezoning R-80 to HB -2A),
as follows:
The following Ordinance was Introduced
by SUPERVISOR PAINO:
BE IT RESOLVED AND ORDAINED by
the Town Board of the Town of Wappinger,
Dutchess County, New York, In purusance
to the Authority conferred by the Laws of
the State of New York, as follows:
SECTION I. The Town of Wappinger
Zoning Map adopted March 10, 1980, and
as amended from time to time, is hereby
further amended by rezoning the following
described parcels of land from R-80
(Residential) to HB -2A (Highway Business
2 Acres) classification, said real property
more particularly described as follows:
PARCEL #1:
Beginning at a point on the Southwester-
ly line of Smithtown Road, said point being
the intersection of the Southwesterly line of
said Smithtown Road with the Northwester-
ly line of lands of now or formerly Fritz and
running thence along the'Northwesterl line
of lands of now or formerly said Fritz, South
34-16-20 West 302.92 feet to a point;
thence leaving said line and running over
and through lands of Lot No. 4 as shown
on a certain map entitled "SUBDIVISION
MAP PREPARED FOR MONTFORT 8
NESTLER" and recorded In the Dutchess'
County Clerk's Office as map no. 5224, the
following: North 47-46-00 West 218.63 feet
to a point; thence North 33-06-4 West 6.29
feet to a point on the Southeasterly line of
a proposed road; thence leaving said line
and running along the Southeasterly line of
said proposed road, as shown on said map
no. 5224, the following: North 37-10-00 East
81.92 feet to a point; thence on a curve con-
vex to the Northwest having a radius of
250.00 feet and a length Northeasterly
86.05 feet to a pant; thence North 56-53-20
East 118.58 feet to a point; thence on a
curve convex to the North having a radius
of 25.00 feet and a length Easterly 32.88
feet to a point on the Southwesterly line of
aforesaid Smithtown Road; thence leaving
said line and running along the
Southwesterly line of said Smithtown Road,
South 47.46-00 East 129.13 feet to the pant
of beginning containing 1.36 acres of land
be the same more or less.
SUBJECT TO THE RIGHTS OF
Public Utilities of record.
PARCEL #2:
Beginning at a point on the Westerly line
01 Smithtown Road, said point being the In-
tersection of the Westerly line of said
Smithtown Road with the Southerly line of
lands of now or formerly Poughkeepsie
NursalonggerryY Company and running thencpe
ne of
Road, the .followeWesterling: South 1166.45-40 Eadt
123.17 feet to a point; thence South
33.08.40 East 14.84 feet to a point; thence
on a curve convex to the East having a
radius of 25.00 feet and a length Southerly
39.27 feet to a point on the Northwesterly
Zine of a proposed road as shown on a cer-
tain map entitled "SUBDIVISION MAP
PREPARED FOR MONTFORT 8
NESTLER" and recorded in the Dutchess
County Clerk's Office as map no. 5224 and
running thence along the Northwesterly line
of said proposed Road as shown on said
map no. 5224, the following: South
56-53-20 West 113.50 feet to a point;
thence on a curve convex to the Northwest
having a radius 0! 310.00 feet and a length
Southwesterly 106.71 feet to a point; thence
South 37-10-00 West 60.43 feet to a point;
thence leaving said line and running over
and through lands of Lot. No. 5, as shown
on aforesaid map no. 5224, the following:
North 33-06-40 West 121.57 feet to a point;
thence North 16-45-40 West 112.62 feet to
a pant on the Southerly line of lands of now
or formerly aforesaid Poughkeepsie
Nursery Company; thence leaving said line
and running along the Southerly line of
lands of now or formerly said Poughkeep-
sie Nursery Company, the following: North
64-34-40 East 88.78 feet to a point; thence
North 62-30-20 East 216.02 feet to the point
of beginning containing 1.27 acres of land
be the same more or fess.
SUBJECT TO THE RIGHTS OF
Public Utilities of record
PRESENT OWNERS: John Montfort and ,
Bruce F. Nestler
Tax Grid Numbers:
19-6156-02-865914-00
19-6156-02-839925-00
Deed Recorded: Liber 1348 Page 258
' Said described Parcels being a portion
of the above owners 2.15 and 2.52 Acre
Parcels bounded by the following parcels
of real property:
South by Poughkeepsie Nursery
Company
West by Smithtown Road
North by Fritz
SECTION II. This amendment shall
become effective upon adoption, Posting
and Publication, as prescribed by Town
Law.
Elaine H. Snowden
Town Clerk
Dated: April 1, 1986
Date of Publication: April 9, 1986
NY 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
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 W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year 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 . once
. in each week, commencing on the .9th.. day of . Apr.
. 19.86 . and on the following dates thereafter, namely
on
and ending on the .... 9th
19.86. both days inclusive.
C
day of.. April
Subscribed and sworn to before me
this .. . 9th day of.. April 19.86
Notary Public
My commission expires
ALBERT M. OSTEN
NOTARY PUBLIC, STATE OF NEW YORK
QIUALI;IE; IN t111T('IIESS COUNTY
#14.8240760 Q
COMMISSION EXPIRES Mitfiet1 30, 19. .
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