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1986-04-07 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING APRIL 7, 1986 prNIF 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: Town Justices Hydrant report Receiver of Taxes Bldg. Insp. Zng. Adm 5. PETITIONS & COMMUNICATIONS a. Hawking & Peddling Application: Joseph Viserto b. Victor Vivalda, Shale Dr. re: problem w/ rain water runoff interferring with his leach field, recommends Town consider Curtain drain to relieve problem. c. Notice of public hearing from Village of Wappingers Falls on proposed change to Village Zoning Ordinance. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Bonding resolutions for New Town Hall Construction b. Authorize payment to C.B. Strain c. Authorize payment to Eugene Ossie d. Bonding resolution for Revaluation - Finnegan e. Award bid for Highway Dept. One -ton Roller 8. UNFINISHED BUSINESS Sup„ p'aino re: Moratorium 9. NEW BUSINESS LO. ADJOURNMENT The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on April 7, 1986, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Paino opened the Meeting at 7:30 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: Jennifer VanTuyl, Attorney Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent Dennis Lasowski, Comptroller The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of March 17, 1986, and the Special Meeting of April 2, 1986, having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried Reports were received from the Town Justices for the month of March, the Hydrant Report and Receiver of Taxes for the month of February. MR. FARINA moved to accept the Reports received and place them on file. Seconded by Mr. Reis Motion Unanimously Carried An application was received for a Hawking and Peddling License for the sale of food,from Joseph Viserto. MRS. VISCONTI moved to approve a Peddling License for Joseph Viserto to sell food. Seconded by Mr. Reis Roll Call Vote: 4 Ayes Mr. Farina ---Abstain A letter was received from Victor Vivalda, 20 Shale Drive in the Town of Wappinger, regarding a problem with rain water runoff /o( interfering with his leach field; he had contacted the Dutchess County Department of Health who recommended that the Town con- sider installing a curtain drain to intercept this water and run it to the storm drain. Mrs Paino referred this matter to the Engineer for his investiga- tion and recommendation to the Town Board. A Notice of Public Hearing was received from the Attorney for the Village of Wappingers Falls regarding a proposed change to the Village Zoning Ordinance which would restrict the main- tenance of roomers, boarders or lodgers, as a permitted accessory use in a residential district. The Hearing will be conducted at the Village Hall on April 9, 1986 at 7:15 P.M. MRS. VISCONTI moved to receive the Notice of Public Hearing and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Committee Reports --- Mr. Bracone had no reports for this meeting. Mr. Reis likewise, had no reports for this meeting. Mr. Farina, Landfill, reported that the Town would conduct their annual Spring Cleanup on the East Side of Route 9 during the weeks of April 14 and April 21st, 1986; the West Side of Route 9 during the weeks of April 28 and May 5. All items should be curbside the day before (Sunday, April 13, East side, Sunday April 27, West side). Residents are requested to call the Highway Department previous to the cleanup if they have large items to be picked up, such as washers, dryers, etc. and metals should be separated from other materials. Due to Department of Environmental Conservation restrictions, no tires, leaves, garbage, brush, grass or liquids of any kind will be picked up. There will be no collection for apartment complexes, commercial estab- lishments or contractors and nothing exceeding twelve feet in length will be picked up. This notice will be placed in the newspapers so the residents are aware of the rules and regulations applicable to the cleanup. Mr. Farina, Ordinance, regarding a complaint received on billboards on Route 9, reported that the Zoning Administrator, Hans Gunderud, had contacted the New York State Department of Transportation jU/7 and was advised by them that these two billboards are registered with the State and are legal; he was further advised that if the Town forces them down, they will be obliged to pay the owners for the loss of advertising revenue. Our Sign Ordinance calls for all signs to be conforming by September 17, 1987 and bill- boards will not be permitted after that date. Mr. Incoronato, being recognized by the Chair, differed with that fact and claimed that the signs had to be conforming within three years of the adoption of the Zoning Ordinance, which was 1980; the year for conformance was therefore in 1983. When the ruling by the NYSDOT was repeated to him, Mr. Incoronato asked if the State rule superseded the Town ruling. The matter was referred to the Attorney for an opinion at a future meeting. Mrs. Visconti had no reports for this meeting. Mrs. Paino announced that Councilman Bracone, who was appointed to the Town Board last Wednesday, April 2, 1986, replacing Councilman McCluskey, newly appointed County Legislator, will now chair the Committees formerly chaired by Mr. McCluskey --- Highway, Library and Drainage Committee. Resolutions --- The following resolution was offered by COUNCILMAN REIS, who moved its adoption: A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $245,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE CONSTRUCTION OF A NEW TOWN HALL IN AND FOR SAID TOWN. WHEREAS, by bond resolution dated August 20, 1984, the Town Board of the Town of Wappinger, Dutchess County, New York, authorized the construction of a new Town Hall in and for said Town, at a maximum estimated cost of $1,100,000 and authorized the issuance of $700,000 serial bonds of said Town and the appropriation and expenditure of $400,000 from a capital reserve fund of said Town to pay the cost thereof; WHEREAS, by bond resolution dated October 9, 1984, said Town Board authorized an increase in the maximum estimated cost of the aforesaid construction of a new Town Hall to $1,400,000, an increase of $300,000, and authorized an additional $300,000 serial bonds to pay such additional costs; WHEREAS, it has now been determined that the maximum estimated cost of said project is $1,645,000; and WHEREAS, It is now desired to provide for the financing of said increase in cost; NOW THEREFORE, a9) BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The specific object or purpose to be financed, in part, pursuant to this resolution is the construction by the Town of Wappinger, Dutchess County, New York, of a new building to be used by the Town of Wappinger, Dutchess County, New York, including the purchase and installation of equipment and furnishings necessary therefor, such building to be constructed on a parcel of land owned by said Town and located on Middlebush Road between Old Route 9 and Route 9D. Section 2. The maximum estimated cost of such specific object or purpose is $1,645,000, and the plan for the financing thereof is as follows: a) By the issuance of an additional $245,000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board; b) By the issuance of $300,000 serial bonds of said Town heretofore authorized to be issued pursuant to the aforesaid bond resolution dated October 9, 1984; c) By the expenditure of $400,000 from a Capital Reserve Fund for a new Town Hall, which moneys were appropriated therefor in a bond resolution dated August 20, 1984. Such capital reserve fund moneys shall be expended prior to the issuance of any bonds or bond anticipation notes authorized thereunder; and d) By the issuance of $700,000 serial bonds of said Town heretofore authorized to be issued pursuant to the aforesaid bond resolution dated August 20, 1984. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11 (a) (1) of paragraph a of Section 11.00 of the Local Finance Law, computed from January 18, 1985, the date of issuance of the first bond anticipation note issued in anticipation of the aforesaid bond resolution dated August 20, 1984. It is hereby further determined that the maximum maturity of the additional serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including the renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such additional bonds and bond anticipation notes may be contested only if: ))9 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which shall take effect immediately shall be published in full in the W. & S. D. News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays An invoice in the amount of $61,005.28 was received for payment for;work on heating and air conditioning in the new Town Hall, by C. B. Strain. Mr. Reis reported that he has been in contact with Hayward and Pakan, also with C. B. Strain for the past four months due to heating problems. He has requested a representative from Hayward and Pakan to visit the building with him to check the heating system but has had no response. It is his opinion that the system is not adequate and he recommended that no action be taken tonight to authorize payment of this invoice. MR. REIS moved to table action on C. B. Strain's invoice until the next Town Board meeting. Seconded by Mr. Farina Motion Unanimously Carried A request was received from Eugene Ossie, General Contractor for the new Town Hall for a partial payment of $16,586.00. MR. REIS moved to authorize payment of $16,586.00 to Eugene Ossie, as requested. Seconded by Mr. Farina Motion Unanimously Carried The following resolution was offered by COUNCILMAN REIS who moved its adoption: A RESOLUTION AUTHORIZING ISSUANCE OF $205,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE APPRAISAL OF REAL PROPERTY WITHIN SAID TOWN TO ASSIST IN THE ASSESSMENT THEREOF FOR TAXATION PURPOSES. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The appraisal of real property within the Town of Wappinger, Dutchess County, New York, to assist in the assessment therefor for taxation purposes, at a maximum estimated cost of $205,000, is hereby authorized. Section 2. The maximum estimated cost of such specific object or purpose is $205,000, and the plan for the financing thereof is by the issuance of $205,000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 53 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which shall take effect immediately shall be published in full in the W. & S. D. News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Two bids were received and opened on March 27th, 1986 for a one ton roller. The results are as follows: Pine Bush Equipment Bid Price Less trade-in Adj. Bid $4,995. 2,500. 2,495. 111 R. C. Herman R. C. Herman $4,635. 400. 4,235. $6,160. 400. 5,760. Pine Bush Equipment bid on a Stow R2000, and R. C. Herman bid on a Roscoe and a Beuthling. The Highway Superintendent recommended that the bid be awarded to Pine Bush Equipment. MRS. VISCONTI moved to award the bid for the one -ton roller to Pine Bush Equipment, total price, $2,495.00, as recommended by the Highway Superintendent. Seconded by Mr. Reis Motion Unanimously Carried Unfinished Business --- Regarding the matter of the Ordinance on the Moratorium, adopted October 7, 1985 for a six month period which expires today, Mrs. Paino announced that the Town Board has invited the Attorney to the Town, Jennifer Van Tuyl, Engineer to the Town, Joseph E. Paggi, Jr., of Paggi and Martin, and Dutchess County Planner, Richard Birch, to make their formal recommendations on this matter tonight. The two main issues to be addressed will be: 1. to lawfully and legitimately update the Master Plan and implement new zoning, 2. to control inconsistent development during the updating process. Mrs. Paino gave a brief background of the adoption of the Moratorium Ordinance noting that this was done twenty-two months after the previous administration took office and two months prior to the expiration of their term. During that time no progress had been made toward updating the ten year old Master Plan. The intent of the Moratorium, "to consider, generate and adopt an amendment to the comprehensive master plan and zoning ordinance and map was never accomplished. The present Town Board, she noted, has worked very closely with a private planning consultant, the Dutchess County Department of Planning, the Attorney and Engineer to the Town regarding the implementation of a sound Master Plan and Zoning Ordinance. The first item to be discussed will be a legitimate planning process and Mrs. Paino invited the Attorney to describe the legal requirements. Jennifer Van Tuyl briefly explained the process, noting that planning must preceed the zoning process, therefore, two steps were required. Under Section 272A of Town Law, the Planning Board is empowered with the creation of a comprehensive Master Plan and Section 263 of Town Law requires that the Town Board enact the laws in accordance with the plan created by the Planning Board. Dutchess County Planner, Richard Birch spoke on the planning aspects of the Master Plan and explained that this is a flexible guide for future development of the Town over a long range period (10 to 15 years or more). The intent is to guide not only the zoning and subdivision process but also recreation and other administrative committees of the Town. The process provide the present and the process should begin with a community survey which would Town with resident input on all aspects of the future development of the Town. Another part of requires a basic study of population, housing, economy, natural resources, development of large scale maps of wetlands, existing land uses, flood plains, community facilities and public utilites. Public meetings should be held during this study to make the public aware of the studies and receive further input from them. Once the plan is adopted, it can then be implemented through the zoning process. It is a lengthy project, perhaps two years and requires assistance of professional planners during the process and for future guidance. Mr. Birch noted that the Route 9 Corridor Study, reguested by this Town Board and approved by the Dutchess County Transportation Council in March, will be completed during the state fiscal year (April 1986 thru March 1987). A brief summary of the contents of a proposal submitted by the Dutchess County Department of Planning was given by Mr. Birch, noting that this would provide professional services to the Town to assist them with the planning zoning process; this would be placed before the Town Board for their consideration at this meeting, or if they prefer, at a future meeting. Moving on presented mentioned sewer and to the engineering aspects of this process, Mr. Paggi various maps he felt would be required for the afore - study; these included the new Town Road Map, existing water districts, the present zoning map and a soil map //3 prepared by the Dutchess County Planning Department. The Attorney submitted her recommendations in order for the Town Board to commence the planning process: 1. Professional Planning Consultant be retained by the Town Board. 2. Town Board authorize the Planning Board to commence the Master Plan Study with the aid of the consultant and Engineer. 3. Critically important that the Town Board establish close relationship and liaison with Planning Board. 4. Immediate circulation of a Community Values Survey. RESOLUTION ACCEPTING MAPS The following resolution was offered by COUNCILMAN REIS, who moved its adoption: WHEREAS, the Town Engineer has been working with the professional planning consultant at the Dutchess County Planning Department in preparing maps showing accurate lots lines, zoning district boundaries, existing environ- mental conditions, and existing infrastructure systems, which have been presented and described at the April 7, 1986 Town Board meeting, and WHEREAS, these maps will form a critical source of information during the master plan evaluation process, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts and adopts for the future use of the Town of Wappinger the following maps: 1. The current zoning map showing existing lot lines; 2. The Soils Characteristics Map prepared by the Dutchess County Planning Department; 3. The map showing the critical environmental areas of wetlands and flood plains, as prepared by the County Planning Department; 4. The official road map prepared by the Town Engineer; 5. The map showing all existing public water and sewer district and improvement area boundaries. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL PLANNING SERVICES The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board concludes that the Town needs professional planning assistance in updating its master plan and preparing proposed zoning amendments to implement that master plan, and WHEREAS, the Town Board has considered a proposal by the Dutchess County Planning Department to provide such professional services with regard to the master plan and zoning ordinances for a contract amount of $23,900 and WHEREAS, the Town Board concludes that this amount is fair and reasonable, and that the services to be provided are in the best interests of all citizens of the Town of Wappinger, NOW, THEREFORE, BE IT RESOLVED, that the Town hereby accepts the contract proposal and authorizes the Supervisor to take all steps necessary to effectuate same, contingent upon acceptable funding being obtained and approved by the Town Board. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays RESOLUTION SETTING PUBLIC HEARING ON USE OF COMMUNITY DEVELOPMENT FUNDS The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town of Wappinger participates in the County Consortium and receives Community Development Funds, and WHEREAS, the Town of Wappinger has requested to be able to use such funds for the purposes of funding the master plan studies and rezoning proposals to effectuate the master plan, and WHEREAS, the Town Board finds that it is appropriate for a public hearing to be set to receive public comment on the use of these funds and their possible use for funding the master plan and rezoning studies, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby sets a public hearing for Thursday, April 17, 1986, at 7:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, N.Y., for the purpose of hearing public comment on the use of Community Development Funds, particularly for the purpose of funding the master plan and zoning, and be it further RESOLVED, that the regular meeting of the Town Board is hereby adjourned until Thursday, April 17, 1986 at 7:00 P.M. for the purpose of conducting such meeting and considering action at the close thereof, and be it further RESOLVED, that the Town Clerk is authorized to provide appropriate public notice of such meeting. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays RESOLUTION TO SUPPORT COUNTY PLANNING DEPARTMENT'S REQUEST FOR ADDITIONAL PERSONNEL The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town of Wappinger has received substantial assistance, and complete cooperation, of the Dutchess County Planning Department in its efforts to commence a legitimate planning review process of the master plan and zoning in the Town of Wappinger, and WHEREAS, the Town has accepted the proposal of the County Planning Department to provide professional planning consultant services to the Town in this effort, and WHEREAS, the Town is aware that the Planning Department performs similar contract services for other communities within the County, and WHEREAS, the Town will receive substantial benefits from the services provided by the County, and 1/5 WHEREAS, we understand that the County Planning Department is in need of additional personnel to assure the timely provision of these services to local communities, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger supports the Dutchess County Planning Department's request for additional personnel, and authorizes the Supervisor and the Councilmen thereof to convey such support to the Legislators of the County of Dutchess. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays RESOLUTION ACCEPTING C.Z.A.C. REPORT The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, the Citizens Zoning Advisory Committee was never formally created by a Town Board resolution, but began work on or about December, 1984 for the purpose of providing: Representative community input and recommendations to Wappinger Officials for their consideration in updating and improving the zoning ordinance; and WHEREAS, that Zoning Advisory Committee initially intended to have a final comprehensive zoning report and recommendations to the Town Board in July of 1985, and WHEREAS, that date was later extended to December, 1985, and WHEREAS, approximately two weeks ago the Zoning Advisory Committee submitted to the Town Board its recommendations for changes within the zoning law text, and WHEREAS, that Committee has not completed review of the zoning schedules or the zoning maps, and WHEREAS, Pursuant to the governing provisions of the Town Law, the Town Board hereby determines that it is appropriate at this time to turn the master plan and zoning process, including the recommendations already made by the Citizens Zoning Advisory Committee, over to the Planning Board, professional planning consultants and Town Board, and WHEREAS, in bringing the activities of the C.Z.A.C. to a close, the Town Board deems it appropriate that the members thereof be sincerely thanked for giving their time to this Committee for the benefit of the Town, NOW, THEREFORE, BE IT RESOLVED, that: 1. The Citizens Zoning Advisory Committee's work has come to an end and their recommendations shall be forwarded by the Town Clerk to the Planning Board for consideration during the master plan review process. 2. The Town Clerk is hereby requested to send a letter of thanks to each member of the Citizens Zoning Advisory Committee sincerely thanking them for their work on behalf of the Town, and informing them that, in keeping with the C.Z.A.C. Charter created on December 13, 1984, their recommendations will be forwarded to the officials in charge of the master plan update for their consideration. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays lb Upon offering this resolution for adoption, Mr. Farina commended Ed Hawksley for the extra time and effort he put forth as a very instrumental member of the C.Z.A.C. He should receive special recognition for organizing, typing and keeping track of this living document. RESOLUTION CREATING GROWTH MANAGEMENT COMMITTEE The following resolution was offered by COUNCILMAN REIS who moved its adoption: WHEREAS, the New York Town Law empowers a Town Planning Board to prepare a comprehensive master plan for the Town, and WHEREAS, that same Town Law provides that only the Town Board is empowered to actually enact zoning legislation, and WHEREAS, the Town Board deems it in the interests of the citizens of this Community that the work in a comprehensive review of the Town's master plan and in implementing that plan through zoning amendments take place in timely manner of complete cooperation between the two Boards, NOW, THEREFORE, BE IT RESOLVED, that there is hereby created a Growth Management Committee to consist of the entire membership of the Town of Wappinger Planning Board and Supervisor Paino, Councilman Visconti and Councilman Farina of the Town Board. Within that Committee, it shall be the function of the Planning Board to work in consultation with the professional planner in the development of the Town's master plan, and it shall be the function of the entire Committee to arrive at proposals for implementing that master plan through a new and revised zoning ordinance, and be it further RESOLVED, that Supervisor Paino shall serve as Chairman of said Growth Management Committee. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays RESOLUTION ADOPTING COMMUNITY VALUES QUESTIONNAIRE The following resolution was offered by COUNCILMAN BRACONE who moved its adoption: WHEREAS, the Town of Wappinger is commencing a master plan review process immediately, and WHEREAS, an important initial step in the master plan process is the distribution of a Community Values Questionnaire, and WHEREAS, It is important that this questionnaire be distributed in a timely manner so that the results thereof can be incorporated readily into the Growth Management Committee's work, NOW, THEREFORE, BE IT RESOLVED, that the annexed Community Values Questionnaire is hereby adopted by the Town of Wappinger, and the Clerk is hereby directed to oversee distribution to every household in the Town. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays '/7 Mrs. Paino noted that these questionnaires should be in the mail in the next few weeks and requested the residents of the Town to either forward the completed form by mail to the Town Supervisor's Office or they would be welcome to drop them off personally at her office. Mrs. Paino continued with the second issue to be discussed tonight, which is how to control inconsistent development while in the process of addressing the master plan and zoning. She noted that many complaints have been received by Town Board Members from those who feel that the moratorium imposed an unfair hardship in barring all residential development, even those consistent with environmental and sound land use policies. The Attorney, Engineer and Dutchess County Planner were invited to give their recommendations on the continuance of the morator- ium and comments on alternative methods which would be more appropriate to make sure that development prior to implementing new zoning is consistent with sound planning and environmental protection. The Attorney, having researched this matter, found that there was no authority in the New York State Laws that specifically authorized Town5to enact moratoriums; in fact, court cases dealing with this issue have made it quite clear that there is no blanket authority for such a law and have upheld moratoriums only in emergency type situations. The creation of this law also created a variance procedure and rather than curing the legal defects, this has been found to lead invariably to spot zoning, the direct opposite of what the Town is trying to create with the sound planning process. Any extension of the morator- ium could be vulnerable to legal attack since no legitimate planning process was completed, nor commenced during the six month period of time. Ms. Van Tuyl recommended against the continuance of the moratorium, since it was very evident that if such a law was in effect for a long period of time, the courts would not hesitate to strike it down as unconstitutional and void, leaving the Town open to litigation. Having made her recommendation against the extension of the moratorium which she labeled crude and unsophisticated in that it makes no attempt to distinguish between good proposals in keeping with sound environ- mental control and those that are not, Ms. Van Tuyl offered the ( 1 alternative of applying the State Environmental Quality Review Act, (S.E.Q.R.) to guide the Town with future development. The Attorney briefly reviewed the procedure followed by S.E.Q.R., noting that it provided a list labeled Type I actions which identifies the applications that in all probability, will cause a significant impact on the environment and usually results in the preparation and review of an environmental impact statement. Under S.E.Q.R., she continued, Towns are not obligated to follow the state's list of Type I actions, but are empowered to go further than the state standards and be more stringent with the labeling of appications to make sure it fits the needs of the Town. Several years ago the Town did enact a Local Law providing that some applications did require an environmental impact statement under S.E.Q.R. and it was her understanding that the Engineer had recommendations to offer on amending this Local Law. Mr. Paggi referred to the Type I actions, as outlined in S.E.Q.R., which sets forth the list of thresholds which, as previously described by the Attorney, will probably require an environmental impact statement and will definitely require the completion of the long form environmental assessment. He then explained his recommendation on setting forth a more stringent list of thresholds requiring this Type I action than was now required by the state; these included residential units not connected to public utilities (water and sewer) and located in unsuitable soil conditions , larger residential units not connected to public utilities, but within acceptable soil areas and other categories that he felt the Town Board should consider adding to Type I actions. The Attorney concurred with the recommendations set forth by the Engineer relating to Type I actions and further urged the Town Board to enact a law which clearly provides that an environmental analysis be completed and included with all applications. In conclusion, Mr. Paggi recommended against the continuance of the moratorium since it did not make sense from his point of view in that it disallowed the proper development of suitable and adequate land. He, too, advocated the utilization of S.E.Q.R. to maintain orderly control of the development of the Town. By applying the redefined Type I thresholds, as previously //7 presented by him, during the planning process, the Town agencies will be able to determine whether these standards are adequate to maintain this orderly development. Mr. Richard Birch, Dutchess County Planner recommended against the moratorium for the length of time that was needed for a complete planning and zoning process to be completed. The S.E.Q.R. process, as outlined tonight, will pinpoint problems, if there are any, in deuiopments, and will allow Town agencies to review them and correct them along with the approval of those particular applications. He commended the Town on its intent to use the S.E.Q.R. process, and further commended the Officials who attended the planning and zoning courses at the Millbrook Farm and Home Center the past few weeks which included the S.E.Q.R. process. RESOLUTION INTRODUCING PROPOSED LOCAL LAW The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, I, Councilman Vincent Farina, do hereby introduce 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", and hereby distribute copies of said proposed local law to all members of the Board, and WHEREAS, the Board has prepared a short form environmental assessment form indicating that this proposed action would not have a significant effect on the environment, and which indicates that a negative declaration with respect to the action will be issued, and WHEREAS, it is in the public interest that this proposed local law and the short form environmental assessment form be set for a public hearing, and that the other requirements regarding passage of this local law be met, NOW, THEREFORE, BE IT RESOLVED, that a public hearing on this proposed local law and short form environmental assessment form be set for Thursday, April 17, 1986 at 7:30 P.M. and that the Town Clerk be authorized to post and publish notice of said hearing as required by law, and it is further RESOLVED, that the meeting of the Town Board of the Town of Wappinger on April 7, 1986, will be adjourned until Thursday April 17, 1986 at 7:30 P.M. for the purposes of conducting this hearing and considering final action on the proposed local law at the close thereof. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays (The proposed Local Law is attached hereto and made part thereof of the Minutes of this Meeting). RESOLUTION ADOPTING APPLICATION FORM AND ENVIRONMENTAL ASSESSMENT FORMS The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, the Town hereby adopts a strict policy of enforcement of the State Environmental Quality Review Act, and WHEREAS, the Town Board deems it essential in that policy to establish the systems necessary to properly focus attention on relevant environmental issues, NOW, THEREFORE, BE IT RESOLVED, that the Town hereby adopts as official Town forms to be used in all applications before Town agencies as follows: 1. The Zoning Amendment Application Form hereto annexed, dated 4/7/86, which requires a discussion of relevant environ- mental factors; 2. The short form Environmental Assessment Form, a copy of which is attached, dated 4/7/86; 3. The long form Environmental Assessment Form, a copy of which is attached, dated 4/7/86, which form incorporates the Visual Resources Addendum intended to focus the attention of reviewing agencies on the importance of preservation of the visual resources of our Town; and be it further RESOLVED, that the Town Clerk is hereby requested to make such forms available to the public and to all agencies of the Town. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino noted that the Town Board will still be addressing zoning amendments as recommended and needed and one of the issues they will consider immediately is mandatory clustering, controlled by the Planning Board. A draft of a proposed local law providing for cluster subdivisions was prepared by the Attorney and Mrs. Paino referred this draft to the newly formed Growth Management Committee for their review and recommendation. The meeting was then opened to the public for their comments and/or questions on the topic presented at the meeting. Michael Hirkala, resident of the Town, was recognized by the Chair and noted that the presentation was done very well and was probably in the best interests of the Town, which will be determined by future study. He agreed with 95% of it but objected to the constant referral to the previous administration. It was not the previous administration who created the master plan and present zoning ordinance, but all previous administra- tions had a part in it and he hoped this new venture would not include political involvement. He cited the history of the present 42/ master plan and zoning ordinance which involved political philosophies and reiterated the fact that politics should be left out of the process. Mr. Hirkala then referred to the purpose of the C.Z.A.C., which he was a member of, being not to implement a comprehensive new zoning plan, but rather to correct the corruptions in the zoning ordinance. Initially, they reviewed the master plan and determined that it was acceptable; they then commenced to review the zoning ordinance, a task that involved more than a few minutes work. There were other items he wished to discuss concerning the stricter standards recommended for the S.E.Q.R process but preferred to review what was presented tonight and address this at the scheduled public hearing. Mrs. Paino rebutted the comments made by Mr. Hirkala and first referred to a document dated 12/13/84, drawn up by a former Town Board Member who created the C.Z.A.C. which included as part of its purpose, "to offer long term recommendations for the comprehensive upgrading of the Town zoning laws". Contrary to Mr. Hirkala's statement, this group was charged with a comprehensive study of the present zoning. Secondly, she pointed out that she also went back to the history of the moratorium, just as he did with the master plan and zoning ordinance, and it was a matter of record that the moratorium was created during the previous administration. This discussion continued until Mrs. Paino noted that Mr. Hirkala was reiterating his statements, and she closed the discussion and asked for further comments from the residents. Joseph Incoronato was recognized by the chair and threw out accusations at the Supervisor referring to the fact that she, too, was a member of the previous administration, voted in favor of the C.Z.A.0 and did nothing to aid zoning enforcement. Although she supported the position of a zoning enforcement officer in the budget, she voted twice against the appointment of one. He labeled the S.E.Q.R process a "red herring" claiming that the Town had this law on the books for many years and it has not improved one development. He continued with his dis- cussion on complaints until the Supervisor felt he was reiterating his statements and she responded to his accusations. She was, indeed part of the previous administration and did support C.Z.A.C. however, this group did not accomplish the specific goals of the timetable set forth by Mr. Incoronato which started with their meeting on January 8, 1985 until July 15, 1985 when the final comprehensive zoning report to the Town Board was due. Her final comment was the fact that she voted against the individual being considered as zoning enforcement officer, not the position. Nicholas Johnson was recognized by the Chair and commended the Town Board for dropping the moratorium and agreed with the tightening of the thresholds in the S.E.Q.R. process that was addressed tonight. Russell Muller, a new resident from Stenger Court in the Riverwood Estates, offered his comment that the Town Board should take a look at the new subdivisions, how they are being built and the conditions they are being left in with equipment and materials strewn all over. Mrs. Paino offered to visit his home the next morning to investigate his complaints. New Business --- James Mills, Chairman of the Planning Board requested permission from the Town Board for the members of his Board to attend a Housing Strategy Course at Vassar Institute in Poughkeepsie on April 19, 1986; the cost to the Town will be $10 for each person. He added that the Zoning Board of Appeals might also want to attend. MRS.PAINO moved to grant permission to the Planning Board and the Zoning Board to attend the Housing Strategy Course on April 19, 1986 and the $10.00 charge for each member would be a Town charge. Seconded by Mr. Farina Motion Unanimously Carried There was no other business to come before the Board. MR. REIS moved to adjourn the meeting to a date and time certain, April 17, 1986 at 7:00 P.M. Seconded by Mr. Farina The meeting adjourned at 9:30 P. Reg. Bimonthly Mtg. 4/7/86, Adjourned to 4/17/86 Motion Unanimously Carried linAi CUttg, Elaine H. Snowden Town Clerk (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. 0601dij( X X (24 iyXX of WAPPINGER Town WNi4XX Local Law No. 2 of the year 19 ..86 A local law "A local law supplementing the list of Type I Actions under Part 617.12 of the State Environmentafilr l'y Review Regulations and establishing standards for completeness of applications." Be it enacted by the TOWN BOARD of the (Naas of Legislative Body) Md{iKt%fX WAPPINGER Xi( of as follows: Town XiCilDitteX SECTION I. TITLE This law shall be entitled: "A local law supplementing the list of Type I Actions under Part 617.12 of the State Environmental Quality Review Regulations." SECTION II. TYPE I ACTIONS KA 1-. o c ac) -Ehaptcr 5S-of-the--Code-of the Town of Wappinger entitled "Environmental Quality Review" as enacted by the Town of Wappinger Town Board as local law number 2 of the year 1977, is hereby amended by adding a new section thereto to be designated Section 58-4.1 entitled "Supplemental Type I Actions" with text as follows: Section 58-4.1 Supplemental Type 1 Actions A. Pursuant to State law, all agencies of the Town of Wappinger are subject to the list of Type I actions contained in the State S.E.Q.R. Regulations Part 617.12. In addition, pursuant to the authority vested in the Town under Section 617.4(e) of those regulations, the Town of Wappinger hereby adjusts the thresholds for Type I Actions contained in Section 617.12 to make them more inclusive with respect to each of the actions• set forth in Section "B" hereof. This supplemental Type I list shall be applicable to all agencies of the Town of Wappinger. The Type I actions on this list are considered more likely to consider the preparation of an E.I.S. than other actions and are likely to involve review by more than one governmental agency. All procedural requirements set forth in the State S.E.Q.R. Regulations Part 617 shall be applicable. B. The following actions are Type I if they are directly undertaken, funded, or approved by an agency: 1. Construction of new residential units which meet or exceed the following thresholds: mil( additional space is needed, please attach sheets of the same size as this and number each)' Page 1 (i) In the areas designated as thick glacial tills on the "Soils Characteristics Map" adopted by the Town Board of the Town of Wappinger on April 7, 1986, the construction of two or more units not to be connected at the commencement of habitation, to community or publicly owned utilities. (ii) In the areas designated as thick sand and gravel on the said approved "Soils Characteristics Map" the construction of twelve or more units not be connected at the commencement of habitation, to community or publicly owned utilities. (iii) In any area of the Town the construction of fifty or more units be connected, at the commencement of habitation, to community or publicly owned utilities. 2. Construction of new non-residential facilities which meet or exceed any of the following thresholds; or the expansion of existing non-residential facilities by more than fifty percent (50%) of any of the following thresholds, providing that the expansion of the existing facilities, when combined, meet or exceed any threshold contained in this section: (i) A project or action which involves the physical alteration of five or more acres; (ii) A project or action which would use ground or surface water in excess of 10,000 gallons per day; (iii) Parking for 500 vehicles; (iv) A facility with more than 30,000 square feet of gross floor area; 3. Any non-agricultural use occurring wholly or partially within an agricultural district (certified pursuant to Agricultural and Markets Law Article 25 Section 303) which exceeds ten percent (10%) of any threshold established in 6 N.Y.C.R.R. 617.12 or in this local law. 4. Any project or action which exceeds twenty-five percent (25%) in 6 N.Y.C.R.R. 617.12 or in this local law occurring wholly or partially within or substantially contiguous to any publicly owned or operated park land, recreation area or designated open space. SECTION III. STANDARDS OF COMPLETENESS Section 58-8 "Actions Requiring Entitlement by Local Agency" of Chapter 58 of the Code of the Town of Wappinger entitled "Environmental Quality Review" as enacted by the Town of Wappinger Town Board as local law number 2 of the year 1977, is hereby amended by adding a new subdivision "I" thereof, with text as follows : I. An action for agency funding or approval of an action shall not be complete until a determination of no significance has been made or until a Draft Environmental Impact Statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the S. E. Q. R. process shall run concurrently with other procedures relating to the review and approval of the action, so long as reasonable time is provided for preparation, review and public hearing, with respect to the Draft Environmental Impact Statement. SECTION IV. EFFECTIVE DATE This Local Law shall take effect immediately upon its filing with the Secretary of State. SECTION V. SEPARABILITY The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom.