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1986-04-17 SPMThe adjourned April 7th, 1986 meeting of the Town Board of the Town of Wappinger reconvened on April 17th, 1986 at the Town Hall, Mill Street, Wappingers Falls, New York, for the purpose of conducting public hearings on the proposed use of Dutchess County Consortium Funds, and a proposed Local Law to amend Local Law #2 of.1977 relating to Environmental Quality Review. The Supervisor opened the meeting at 7:02 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman David Reis, Councilman Elaine H. Snowden, Town Clerk Absent: Vincent Farina, Councilman June Visconti, Councilwoman The meeting was recessed at 7:03 P.M. to conduct a public hearing on the proposed use of Consortium Funds and at 7:30 P.M. a second hearing on a proposed Local Law to amend Local Law #2 of 1977, Environmental Quality Review. The meeting was called back to order at 8:15 P.M. and all five Board Members were present. The Board chose to table their consideration of the subject matter of the two public hearings and address these items at a future meeting. MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 8:16 P.M. aine H Snowden Town Clerk / (J A Public Hearing was held by the Town Board of the Town of Wappinger on april 17, 1986 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York, on a proposed Local Law Amending Local Law #2 of 1977 entitled Environmental Quality Review. The Supervisor opened the Hearing at 7;33 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Joseph Bracone, Councilman David Reis, Councilman Elaine H. Snowden, Town Clerk Absent: June Visconti, Councilwoman 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). The Supervisor noted that the Town is commencing a strict application of S.E.Q.R. regulations to require a thorough review of all projects prior to approval. The list of Type I actions requiring environmental impact statements as presented in the State S.E.Q.R. has been strengthened by this proposed Local Law and the Engineer was requested to explain the thresholds proposed by the Town. The Engineer explained the new Type I thresholds listed in the Local Law, using the Dutchess County Soil Map recently adopted by the Town Board, to illustrate the type of soil stated. The Type I actions are those most likely to result in an adverse impact on the environment and will, most problably require a thorough environmental impact statement. In residential projects, there are two categories listed; construction of two or more units, not connected to central utilities and located in thick glacial tills areas; twelve or more units not connected to central utili- ties in thick sand and gravel areas as shown on the Soils Map; any construction of 50 or more units connected to central utilities. In non-residential areas of 5 or more acres, using 10,000 gallons of water per day, parking for 500 vehicles or more than 30,000 square feet of gross floor area. The last two categories listed refer to an action on or adjacent to a historic site and one involving a certified agricultural district. All of these are proposed Type I actions which the Town Board will consider after listening to the comments of those present. Mrs. Paino opened the Hearing to the public and asked for their comments/suggestions/questions. Bill Parsons, resident of the Town and member of the Planning Board, recommended a few changes ---the residential category of two or more residential units would be unfair if "Johnny Jones" wanted to split up his acre of property and give his son or daughter a parcel, why put him through that process; this would be a burden in some cases up to and including 5 units. He suggested that it could be an option of the Planning Board, whether they're dealing with a developer who's going to develop property or a homeowner who's splitting up his parcel for a family member. The 50 or more residential units connected to central utilities, should be reduced to around the 35 range. Parking for 500 vehicles is a big area and would make a significant environmental impact --50 units would be more practical, 100 units would be the screaming limit. Dave Redfield, Cedar Hill Road, concurred with Mr. Parsons on changing the 2 residential units to 4 or 5 since he was in that position himself and wanted to split up his five acre parcel. Victor Fanuele, resident of the Town and member of the Planning Board, agreed with Mr. Parsons. The Engineer noted that the lead agency designated on these environmental impacts, which would probably be the Planning Board, or in some case, the Town Board, has the power to add to these Type I actions; the list presented are the suggested minimum, but if they feel that in some cases they should require a full impact statement, they are empowered to require this. Further discussion brought forth another suggestion from Mr. Fanuele to lower the threshold from 5 acres relating to commercial facilities. Mr. Parsons agreed with this suggestion. Hans Gunderud, Zoning Administrator, asked if there is an overlay of the soils map on the tax grid map and Mr. Paggi replied that the maps were all on the same scale and it can be overlayed. James Mills, resident of the Town and Chairman of Planning Board asked if they're giving latitude on commercial, why not give it on residential. They are really restricting them on 12 acre units not connected to central utilities in "thick sand and gravel", if Planning Board becomes the lead agency. Councilwoman June Visconti arrived at the Hearing at this point (8:00 P.M.) In the discussion that followed, the Attorney and the Engineer explained what was involved in preparing an environmental assessment form pointing out that part 2 of that document was the responsibility of the lead agency, not the applicant; also, the applicant was not required to retain a professional, they could do it themselves. Mr. Parsons added that he felt that the Planning Board Members were in favor of the S.E.Q.R. process which would provide better environmental reviews, however they were not in favor of creating a bureaumatic nightmare for someone who's pulling 2 or 3 lots off of their property, so if they could figure out something that would work both ways, he had no problem. Don Keller, resident of the Town and member of the Planning Board asked about the cost to the applicant for having someone fill out the environmental form on a 2 or 3 lot subdivision. He was referring to the Mom & Pop giving a gift to the kids. The Engineer responded there is no additional cost to them now than it was before unless their review determines that there is a problem. This process allows an easier process for the Planning Board to determine if there is a problem. Mr. Fanuele was under the impression that all Type I actions require an environmental impact statement, if that's not true than all applications should go through the S.E.Q.R. process. The Engineer informed him that they are already going through that process, he just doesn't realize this. There was some confusion with the Planning Board members and Mr. Fanuele suggested that action be tabled until it could be discussed by Town Board and Planning Board. The Attorney noted that this is a proposed Local Law until the Town Board votes to approve it. They will review the comments made tonight and then determine if modifications should be made or if it should be adopted, as presented. Mr. Parsons asked the Engineer for his rationale on selecting 50 units connected to central utilities; Mr. Paggi replied that the line had to be drawn and he felt this was a practical limit if central utilities are available; however, Mr. Parsons felt more comfortable setting it within the 25 to 35 range. Both the Attorney and the Engineer pointed out that if the Planning Board suspects a problem with a 35 unit construction relating to drainage, traffic or whatever, it is within their power to request submission of the long form environmental assessment for or even a draft environmental impact statement. There were no other comments made at the Public Hearing either for or against the proposed Local Law Amending our present Law relating to environmental impact. MR. REIS moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 8:16 P.M. CihAkA 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 A PROPOSED 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 8th, 1986, your deponent posted a copy of the attached notice of Public Hearing on a proposed 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, in the Village of Wappingers Falls, Dutchess County, New York. Sworn toA:,- fore me this /7 day of 1986. r Notary Public CLUtit Elaine H. Snowden Town Clerk Town of Wappinger NNW WM Notary P18tmo of 111.10-11011 tn Outohi* Commission Eapawr Ninh" IL T 2„ . and C. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS s NY 12590 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that on Thurs- day, April 17,1988 at 7:30 p.m. at the Town of Wappinger Town Hall, Mill Street, Wap - pingo Falls, N.Y., the Town Board will hold a pudic hearing on proposed local law number "2" of the year 1988, entitled: "A local law supplementing the list of Type 1 Actions under Part 817.12 of the State En- vironmental Quality Review Regulations and establishing standards for com- pleteness proposed al l eapplications." would amend Local Law #2 of the year 1977 of the Town of Wappinger entitled "Environmental Ouality Review" to provide that the follow - int would be Type 1 actions under S 1. The 'cdrafn5itiion-of two Of ries residentW units not connected to central < utilities in the "hick glacial tills" areas and twelve or more units not connected to cen- tral utilities in the' "thick sand and gravel" areas of the Soils characteristics Map; 2. Any construction of 50 or more units connected to central utilities; 3. Construction of new non-residential •• facilities which involve the physical altera- ton of five or more acres; would use ground or surface water M excess of 10,000 gallons T per day; would have parking for 500 vehicles; or would have more than 30,000 square feet of gross floor area; 4. Any non-agricultural uses In an agricultural district meeting ten percent (10% 01 annyy ootther applica�blleenthreshold; cent ( %) of the applicable thresholfive ds within or contiguous to any publicly owned •. or operated park land, recreation area or designated open space. " al : law amid existing Local Lcopies of Laaw #2proposed are available at the Town Hall for inspection. An environmental assessment form has also been prepared which indicates that the proposed action will not have a significant effect on the environment and will result in a negative declaration. The local law would take effect Immediately upon its filing with the secretary of State. At the public hearing, all interested par- ties will be heard, with respect to the pro- posed, local law and the environmental assessment form. PLEASE TAKE FURTHER NOTICE, that the regular meeting of the Town Board of the Town of Wappinger has been adjourn- ed until Thursday, April 17, 1986 at 7:30 p.m. for the purposes of conducting this hearing and considering final action on the pro�rlocal'wat the close thereof. Dated: April Elaine Snowden, Town Clerk Town of Wappinger 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 . APro . 19. AO. and on the following dates thereafter, namely on and ending on the 9th 19..8A both days inclusive. day of. ..APr'il.... e Subscribed and sworn to before me this 9th day of. .4P a.... 19.86 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE CF NEW YORK QUALIFIED 11 Iii ROSS COUNTY 014.-C24.0760 pCj COMMLSSlCN EXPIRES M44044 .30, lgt? ThAl A Public Hearing was held by the Town Board of the Town of Wappinger on April 17, 1986 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York, for the purpose of hearing public comment on the us of Community Development Funds, particularly for the purpose of funding the master plan and zoning. The Supervisor opened the Hearing at 7:33 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman David Reis, Councilman Elaine H. Snowden, Town Clerk Absent: Vincent Farina, Councilman June Visconti, Councilwoman 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). The Supervisor noted that the County Consortium monies for 1986 will be approximately $34,000 according to the Dutchess County Department of Planning. The Town Board has suggested that these funds be used for the purpose of funding the master plan and zoning, specifically, for payment of a proposed contract with the Dutchess County Department of Planning, in the amount of $23,900, for the services of a professional planner during the process of addressing the master plan and implementing changes to the zoning ordinance. the following to base maps, The contract will include services: Section I - Basic Studies pertaining community values, economic base, population skudy, land use and housing study, natural features, transportation and community facilities and public utilities. Section II - Compre- hensive Plan, pertaining to land use plan, transportation plan, community facility plan, public utilities plan; Section III - Implementation, pertaining to zoning ordinance revisions etc. Section IV - Meetings and Publications, including 18 meetings with the review group over a period of 12 months, 25 copies of draft zoning ordinance amendments, and 200 copies of revised:_ comprehensive Master Plans. Mrs. Paino continued her explanation of the proposed use of the funds, explaining that the remaining $1,100 would be use for other related costs incurred during the planning and zoning process, including attorney and engineer's fees. Mrs. Paino asked if there were any comments or questions from the public. There were no comments made either for or against the proposal for the use of County Consortium Funds for 1986. MR. REIS moved to close the Public Hearing, seconded by Mr. Bracone and unanimously carried. The Public Hearing closed at g:04 P CLUuL Elaine H. Snowden Town Clerk TECHNICAL SPECIFICATIONS COMPREHENSIVE PLAN TOWN OF WAPPINGER Section I - Basic Studies 1) Base Maps a) 1" = 1000' roads, drainage and parcel boundaries b) 1" = 1000' topography and roads 2) Community Values a) review and analyses of existing community value survey 3) Economic Base a) regional orientation; b) economic profile c) participation rates of the Labor Force d) commuter patterns e) projections of income and employment 4) Population Study a) population changes 1900 to 1980 b) population changes 1980 to 1986 c) analysis of factors influencing population change d) population characteristics e) population projections 5. Land Use and Housing Study a) land use inventory by parcel b) projected land use by category c) description of housing stock d) projection of housing needs Technical Specifications 6. Natural Features a) compilation of data on physical features and their distribution • soil classifications • regulated wetlands • 100 -year floodplains • surficial aquifers • bedrock and bedrock aquifers • steep slopes • slowlypermeable soils • shallow soils • drainage basins and water features 7. Transportation a) description of rail service and regional transportation links b) analysis of highway systems c) traffic volumes on state and county roads d) analysis of local roads and road conditions e) intersection condition analysis f) review of existing special transportation studies g) traffic volume projections for state and county roads h) highway capacity analysis 8. Community Facilities and Public Utilities a) description, distribution and analysis of recreation space, schools, municipal buildings, fire fighting facilities, libraries and refuse disposal b) description and capacity analysis of central water and sewer facilities c) projections.of public utility and community facilities needs Technical Specifications - 3 d) description of historic landmarks and landscapes e) review of existing scenic and historic district studies and plans Section II - Comprehensive Plan 1. Land Use Plan a) Delineation and description of proposed land use by category in each geographic area of the town b) descriptions of revised development policies c) summary of recommendations including suggestions for addressing moderate income housing needs 2. Transportation Plan (presented with Land Use Plan) a) proposals for links between existing transportation features b) recommendations for improvements to existing roadways and intersections c) description and locational criteria for pedestrian and bicycle paths d) recommendations for special land use corridors and intersections 3. Community Facility Plan a) delineation and recommended locations for future recreation areas, parks, greenbelts, trails and open space areas b) development of locational and capacity criteria for educational, cultural, health and public buildings c) historic, scenic and coastal plan composite 4. Public Utilities Plan a) delineation and description of service areas for central water and sewer systems Technical Specifications - 4 b) recommended densities of development for areas outside of existing and proposed central water and sewer service areas c) recommendations for plan implementations Section III - Implementation 1. Zoning Ordinance revisions - prepared in conjuction and concurrently with the comprehensive plan 2. recommendations for new plan implementation tools 3. special regulations including wetlands law, floodplain management ordinance, and soil mining law Section IV - Meetings and Publications 1. Meetings -18* meetings with plan and zoning ordinance review group over a period of 12 months 2. Publications a) 25 copies of draft zoning ordinance amendments (100 pgs.) b) 200 copies of revised compre- hensive Master Plans (150 pgs., 2 colored maps) *Any meetings in excess of 18 (90 hours) will be charged at a rate of $35/hour PROPOSED COMPREHENSIVE PLANNING AGREEMENT BETWEEN COUNTY OF DUTCHESS AND TOWN OF WAPPINGER L AGREEMENT, made the (date and between the County of Dutchess, State of New York and the Town of Wappinger, State of New York. WHEREAS, the Town of Wappinger is desirous of employing the services of the Department of Planning of Dutchess County for the purpose of developing a comprehensive plan, zoning ordinance and subdivision regulations; and WHEREAS, Section 239-d, Article 12-B, General Municipal Law, enables the County planning agency to furnish communities with such services when requested to do so by the municipality; now THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth and the parties hereto intending to be legally bound hereby, agree as follows: 1. That the Dutchess County Department of Planning will develop a comprehensive plan and zoning ordinance for the Town of Wappinger according to the technical specifications which are attached hereto and made a part of this agreement. 2. That the comprehensive plan and draft zoning ordinance, including all of the materials and services listed in the technical specifications, shall be delivered to the Town of Wappinger within twelve (12) months of the date of this agreement. 3. That the Commissioner of Planning for Dutchess County will assign fully qualified members of his staff to perform such services. 4. That the Town of Wappinger agrees to pay the Dutchess County Department of Planning a fee of $23,900 in accordance with the method of payment hereinafter stated. Invoices will be submitted every six (6) months for work completed during the previous six (6) months. The Fee Distribution Schedule which is part of this agreement, will be the basis for the progress billings and for determining the work completed. S. That the Town of Wappinger, upon receipt of such invoice, shall make payment to Dutchess County for the total amount due. 6. That the Town of Wappinger agrees to save harmless and indemnify the County of Dutchess for any damages, suits, claims, causes of action, judgments or debts whatsoever, which might or which do occur as a result of such employment. 7. That in the event either party hereto is desirous of altering, revising or revoking this Agreement in whole or in part, said party shall give thirty (30) days written notice to the other, in advance, of the expiration date of this agreement. IT IS UNDERSTOOD that the aforementioned agreements and conditions shall be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. THE TOWN OF WAPPINGER BY THE COUNTY OF DUTCHESS BY I. MASTER PLAN II. ZONING ORDINANCE GROSS PROJECT COST BREAKDOWN COMPREHENSIVE PLAN TOWN OF WAPPINGER TOTAL $17,910 5,990 $23,900 CONCEPT COMPREHENSIVE PLAN & LAND USE REGULATION STUDY TOWN OF WAPPINGER General The work program is designed to simultaneously review and refine the comprehensive plan while preparing proposed amendments to the town's zoning ordinance. The process will be completed in 12 months and the final products will be: (1) a revised comprehensive plan, and (2) proposed amendments to the town zoning ordinance. Other recommendations for local action may be included in the plan. Zoning Ordinance The present town zoning ordinance will be reviewed as the comprehensive planning process proceeds. The review process will initially focus on those sections of the ordinance with an indirect relationship to town land use policy; more specifically, administration and enforcement, standards for special permits, site plan approval procedures and standards, non -conforming uses, and miscellaneous regulations. At the latter stages of the planning process, as prospective land use policy is more clearly defined, the more substantive sections of the zoning ordinance will be reviewed and prospective amendments developed. Those sections deal with the zoning map, district regulations, supplementary regulations and the schedule of bulk regulations. The work of the existing town zoning committee will be reviewed. A working committee should be formed by the town for this plan and zoning ordinance revision process. This committee could include representatives of the Planning Board, Board of Appeals, Conservation Advisory Council, Town Board and Zoning Enforcement Office. Its functions should be to identify current problems, offer ideas for problem solving and to review the text of proposed amendments. Master Plan The present town plan will be reviewed. Information presented in that plan will be updated for 1980. Available data to the present will also be added. Each chapter will consist of a description of the topic, a statistical and geographic analysis of the topic's characteristics, and their implication for planning. Updated information, new data, new planning technology plus information gleaned from reviews of plans, corridor studies, scenic designation studies, area transportation studies, and similar studies prepared for the town will be included. Their implication for current land use decisions will be assessed. Each chapter and its recommendations will be discussed by the same group constituted to review the town zoning ordinance. L Concept - 2 After all chapters are complete, all the recommendations will be accumulated and described in a single "Comprehensive Plan Section." This section will provide detailed recommendations for the Master Plan, the town's regulatory documents and other governmental and private actions. Those recommendations that are amenable to being portrayed geographically, will be mapped to create a new "Comprehensive Plan Map." Summary ,The outcome of the processes described above,- will be an integrated system of plans and regulations using state of the art planning techniques and tailored to the needs of the Town of Wappinger. TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON PROPOSED USE OF COMMUNITY DEVELOPMENT FUNDS, PARTICULARLY FOR FUNDING THE MASTER PLAN AND ZONING 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 8th, 1986, your deponent posted a copy of the attached notice of Public Hearing on the proposed use of Community Development Funds, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Sworn to( oo before me this day of1986. Notary Public 1� tcbtAL Elaine H. Snowden Town Clerk Town of Wappinger Malt NOS, NOW, Pone, Von el Me OM tap. 401194 Qua ma M wow.OIM cmmbelotl IitpkM 1410101, ; : •I :„ DISPLAY ADVERTISING ond S. D. 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 Thursday, April 17, 1980 al 7:00 P.M. al the Town H* Mill Street, Wappingers Falls, New York, for the purpose of hearing public comment on the • use of Community Development Funds, particularly for the purpose of funding the master plan and mktg. All interested persons ars Invited to a1 - tend and will be heard. Elaine H. Snowdon Town Clerk ' .Town of Wappinger Dated: April 8, 1988 ' Date of Publication: April 9, me' AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela Schnitz of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the BookketttPqr 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 oneweeks successively once . in each week, commencing on the 9th day of .4PT1 . 19.86. . . and on the following dates thereafter, namely on and ending on the 9th 19. I*. both days inclusive. day of. 41M4-1 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 QUALIFIED IN D COUNTY 14-3240700 COMMISSION EXPIRES *lift 30, 19E5 734 N