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1982-08-31 SPMA Special Meeting of the Town Board of the Town of Wappinger was held on August 31, 1982 at the Town Hall, Mill Street, village of Wappingers Falls, Dutchess County, New York. Deputy Supervisor Nicholas Johnson opened the meeting at 6:54 P.M. Present: Nicholas Johnson, Deputy Supervisor Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Diehl, Supervisor Gerard McCluskey, Councilman Notice of this meeting was sen,:to all Board Members calling said meeting for August 31, 1982 at 6:50 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York; this was sent to them on August 24, 1982. Notices were sent to the four radio stations and three newspapers and posted on the Town Clerk's Bulletin Board. The purpose of the meeting was to waive building fees for the Wappinger Elks proposed new building on Route 376, appoint a part time Dog Control Officer and approve payment for the Girls Softball Bus. The Wappinger Elks had written to the Town Board requesting a waiver of all fees for the new building and explained that they were a non-profit organization geared to benefit local residents as well as charitable organizations. Mr. Gunderud was present and the Board asked him if this was a usual practice; he replied that they had usually waived the fees for organizations such as the Elks. MRS. MILLS moved that all building fees be waived for the new building proposed by the Wappinger Elks. Seconded by Mr. Johnson Motion Unanimously Carried Before the vote was taken, Mr. Versace stated that he would abstain due to the fact that he was a member of the Elks. Mr. Johnson then asked him to cast his vote since there were only three Board members present, however, the record would show that he had stated he would abstain. The Health and Safety Committee had recommended the name of Mary Van De Carr for appointment as a part time Dog Control Officer and the matter was now placed before the Board for their consideration. MR. VERSACE moved that Mary Van De Carr be appointed part time Dog Control Officer and she would be paid $4.00 for each call plus mileage and $4.00 per hour for administrative work. Seconded by Mrs. Mills Motion Unanimously Carried The Comptroller requested the following transfers in accordance with aot.ions `of the .Town. Board: Th+s. sum of $500.00 from CF1990.4, Contingency to CF7310.4, Youth Program, Special Events; the sum of $32,000.00 from CF1990.4, Contingency to CF5112.4, Repairs and Inprovements and the sum of $2,225.00 from CF1990.4, Contingency to CF1355.4, Assessors. MRS. MILLS moved to approve the transfers as requested by the Comptroller. Seconded by Mr. Versace Motion Unanimously Carried MRS. MILLS moved to approve the payment of $500.00 to Mountain View Coach Bus Lines toward Voucher #45257 submitted to the Town. Seconded by Mr. Versace Motion Unanimously Carried The following Tax Reviews had been served on the Town Clerk: A. R. Fuels, Benderson Development, Brack Construction, Art -Tex Petroleum, Inc. and the City of New York. MRS. MILLS moved that these Tax Reviews be referred to the law firm of Rosen Crane and Wolfson to defend on behalf of the Town of Wappinger. Seconded by Mr. Versace Motion Unanimously Carried Mrs. mills reported that she had received complaints of cars parked on New Hackensack near the Scenic Apartment Complex and also on Wildwood Drive which were causing a dangerous situation. Mr. Gunderud was present and noted that he had checked this out with the Dutchess County Department of Public Works since New Hackensack Road was a County road and was told this situation required a local law by the Town to prohibit parking. This was referred to the Ordinance Committee to contact Mr. Adams to prepare such a local law for a future meeting. Mr. McCluskey arrived at the meeting at 7:00 P.M. prior to the discussion on the parking at the apartment complexes. MR. VERSACE moved to close the Special Meeting, seconded by Mrs. Mills and unanimously carried. The meeting closed at 7:05 P.M. 77201.,Limz_ at_olAsk_ Elaine H. Snowden Town Clerk Spl. Mtg. 8/31/82 A Public Hearing was held by the Town Board of the Town of Wappinger on August 31, 1982, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger. Deputy Supervisor Johnson opened the Hearing at 7:12 P.M. Present: Nicholas Johnson, Deputy Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Diehl, Supervisor 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). Mr. Johnson noted that Mr. Hans Gunderud, Zoning Administrator, was present and sincehe had recommended most of these language changes and corrections, he asked Mr. Gunderud if he felt all the items had been addressed. Mr. Gunderud was satisfied with the Ordinance and felt that when it was adopted by the Board, it would hlep solve some of the problems he had been having. Charles Cortellino spoke on Section 422 which he felt could be misinterpreted as written. It stated that two uses shall be permitted in an HB zone where said one use is a business to be operated by an owner -resident of said parcel. The intent was for one business, he knew, but it could be interpreted as two business uses if the owner lived on the premises. Mr. Cortellino spoke on Section 416.8 and had a minor objection to the way this was written. The way it was written it meant another sign would be allowed for advertising purposes or specials or a menu. It was explained that the intent was to allow a restaurant to display a menu sign and it would have to be just that ---a menu sign with the restrictions outlined in Section 416.82. Mrs. Linda Olivo asked if the rezoning section of this Ordinance pertained to her property. Mr. Johnson replied that it was her property that was included in the Ordinance, but due to the fact that it might lie within 500' of East Fishkill, a notice of Public Hearing must be sent to them; also due to the various changes to the Ordinance a notice would also be sent to the adjacent municipalities. If any objections were received, the Town would consider them before taking any action to approve or disapprove the Ordinance. Mr. McCluskey moved to close the Public Hearing, seconded by Mrs. Mills and unanimously carried. The Hearing closed at 7:25 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 18, 1982, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger, on,the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, If 11 Mill Street, in the Village of Wappingers Falls, Dutchess 11 • County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this ..SYTAI day of e24,,, 1982. otary Public JOSEPH R. PALESTIZO Notary Public, State of New York No. 3_522076 Residing in..ra:3" r.111Weounty 31y Commission Expires March 30, 19, W. =ad 3o D NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-IVAPPINGERS FALLS PLEASE TAKE NOTICE that the Town daytime cars or Instruction for two or Board of IM Town of Wapping*, will mon children from Iwo to five years of conduct a Public Hearing at the Town age Inclusive, and operated on a Hall, MITI Street, Wappingers Fails, Dul- - . rre1, agyular basis, Including kindergartens, 1982 at 7900 P.M. EDT, ew on alit Ordlnen e - 7. section 5113midday1a centers. Amendi p the Zoning Ordinance of the. the following sentence thereto: Town of appinger as follows: The following Ordinance wet uoduced by Councilman Johnson: ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPP•• INGER In all Instances, notice must be mall - ed to all adjacent and abutting peopsrry owners. Any parcel separatedrum the set parcel by s street roedweor other deemed ador s d sbusrt 'shag 8. Section 515.1 1. ad - BE IT ORDAINED by the Town Board ding thereto the following additions) -' of the Town bf Wapping*, as follows: esnt The provisions of the zoning or• dlnance and zoning map of the Town of Wappinger; duly adopted on the 10th day of March, 1950 and as amended from time to time ars amended as follows: 1. The provisions of Section 404.33 are deleted and then shall be substituted In place thereof the follow- ing: A non -conforming cnforming use of a building may bs changed only to a **War or tees non -conforming use as detarnxned by the Zoning Board of Appals. 2. Section 422 Of the zoning or- dinance 1s modified as follow.: Two uses shall be -permitted In an NB Each application shall bs accent- . panted by en application fes of 035.00. Any additional costs for environmental review or other consulting fees shall be borne by the applicant 9. The zon ng map of the town of Wappinger la amended by changing the zoning classification of the following piece or parcel of land from Its existing designation to the zoning designation o1 Description �pttiot (Neighborhood Business): • �h loner' shall be "mom panted by an application fee of 13503. Any additional coats for environmental nvlew or other consulting fees shall be zone where said one use la a business borne by t cant to be operated by an ownerresident of weeping,* The zoonn ng of the town d appinper h amended by changing the zoning cta.slflcetbn Of the tolbwing ' elms or parcel of land from Its existing des nal t0 the zoning designation of NB (Neighborhood Business) Description of ALL that certain ot, piece or parcel cin land, with the buildinpe and Inn Inrorsments thereon ereoad, situate, ly g and being In the Town of Weep- Inger,County of Dutch'%, State of New ork, and bounded and described as follows: BEGINNING at a point on the North Line of Route 82, Fiebklii-Nopewell - Junction Stab Highway, said point be- ' Ing the -Southeast corner of lands now• said parcel; however, In no Instance shall then bs mon than on* non- resident! el use for said parcel. Muldple attached or detached uses shall be per- mitted In NB and GS districts subject to the prior Issuance of',epeeistwoe L�3 The definition of the word "lot" est forth In Section 220 Is amended by ad- ding to the existing definition the following provision: Unless otherwise expressly provided by this ordinance, than shall only be one use per lot. 4. The provisions. of Section 415.8 shall be deleted and then shell be substituted In their place the following: Or lemony of Mell thence song his 410.8: In addition to the one sign per- . East line North 34'410'• Weal for 15703 mined In 4418.5t and Gwent se re- feet thence North 46 deg. -37-00" East ' nuked by law or es pendtted $bore. for {34.50 feet, there* South 55 deg.-28'- 119ns or sdveMsing material .hell be 00" East for 80.20 feet and South 59 permitted for the purpose of adverbs deg. -2700" East for 74.50 teet to the Ing specials, the mend, Woduete e0W aforesaid East hghwey line, thence or services mementond aothersuch In• -^..'alma this gas South 3s deg. -4 -00'• formation with the following mashie=' • Weal for 44.90 feet and South 37 deg• liana:- 11'-00" Weel for 48.75 feet to the point 410.81: If affixed to a placed Ma* to and place of beginning. be visible mragh a, glasanurfece, the BEING Lot 101 Map 53927 an flledln area a such oeallgne shall t exceed ~: the Dunham qty Claret's OMlce. Ws. hokq 10. Section 801 fe emended by W - street or parking.} area serving ill ; ding the following' establishment.1, A11 petitions for rezoning shall eon•' e Ing in la raj aln a metes and bounds description of. aha 10e permitted per stare. not exceed two square feet 10 area be placed under the walkway contiguous to the store to Identl store entrance. Said sign shall be hemp seasons for the requested zoning. The perpendicular to the store front and Town Board- moo require the submits - shell not extend beyond the outer edge Won of such additional Information as , a till/ Canopy.• •- 11 deems appropriate. Each petition . 418.83: Such signs shell meet the 11- shall be Med by en appllcs lumhatlon end location restrictions ss tion fes d 136.00. The board reserves per Sectons 418.71, 415.72, 418.513 and the right -to Impoes additional fees to 418.514. cover the Cosa of any environmental 5. Section 421 (Permitted Uese, review or other consulting or profs*- . Residential Zones) I. amended by atonal services 11 deems necessary for amending Item 84 from ons edit to two Its review of the application. was per each animal.'. 11. The teal of the ordinance shall be 6. Section 2201* emended br adding amended for the purpose of correcting thereto the definition for ,nursery the following misspellings and Incur - school" as follows: newt references: Any place, however designated, operated for the purpose of providing Qn the properly to be rezoned as well as the names and addressee of ail ech- o ` cent and abuttingparty owners. e b petition shall �Thesubmltted by the owner and .hall describe In detail the Section X411.6 4411.e. 1523(9.98} 8.516 1.13• 1.16 Cham ' "445' to „490" "446"to"480" "renumber as 6142" - "Permit" In 9th line to "C.O." 418.411n 4th sentenceto"410.51" "perm fr to "punt{" plropo.ed" of "prOpoeed" "amoutn" to "amount" "4322" to "517' "443.22" to ••443.422" 14) itis to "(14j reference dhanM bogies' "Section reference should be45o.0" "Section reference should be 473.1" double wording to be removed "lots my be pro - 'tided In a .Ingle common MIR? on one (1) of mon of said" "between" to "within"• Elelne N. Snowden • Town Clerk AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinee.. DR.atr.&ce..Csten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the CA. -:Editor. -Publisher 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 . in each week, commencing on the .)r$th day of - ug. .1§3.g .. and on the following dates thereafter, namely on and ending on the ... ,'r 81 b.... day of. .August. 19132 . both days inclusive. ef�i�s.t� Subscribed and sworn to before me this . IQ -WI day of.. Mi.gust . I9.82 Notary Pub i� My commission ex• irALBERT /A.-OSTEN NOTARY NOM. STATE OF NEW YORK QUAL•FIED !!4 0IIrI:HESS COUMIY *14.8240760 COMMISSION EXPIRES MARCH 30, 19 . • A Public Hearing was held by the Town Board of the Town of Wappinger on August 31, 1982, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on Ordinance to Amend and Renew a Franchise to U. S. Cablevision Corp. Deputy Supervisor Johnson opened the Hearing at 8:00 P.M. Present: Nicholas Johnson, Deputy Supervisor Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Diehl, Supervisor 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 hereof of the minutes of this Hearing). Leonard Abbatantuona residing at 9 Paulette Lane asked if there were any provision to supply cablevision to those areas where they do not have minimum families per mile per customer. Mr. Erichsen, general manager of U. S. Cablevision replied that this was an unwired area, but during negotiations for this fran- chise they agreed to reduce the number of homes per mile from 60 homes per mile to the new state standard of 35. They would survey that area and if it was within the 35 home criteria it would be discussed with the Cablevision agreement. Dominick Rijano, Joan Lane asked if he were willing to pay the cost due to the fact that only a few people wanted the cable, would he be reimbursed if others decided to hook into the system in that area. The reply was the more that use the system the less the customer would pay and it had been indicated by Mr. Erichsen during discussions that the customer paying the prime rate in the beginning would be reimbursed as others hooked in to cable. Mr. Abbatantuona asked why they were solicited by phone for cable and after that they never hear from the cable company. Mr. Johnson asked the cable representatives if the franchise was approved would they do a study on the Paulette Lane, Joan Lane area and the response was that they would do this survey. Mr. Erichsen added that if the survey indicates that the area fits the iina extension policies, they would provide the service, if it doesn't fit they would come back to the Board with a proposal to provide some means to that area to have cable service. Ed Skorynko asked if rates were based on the number of phones in the area. George Scherman asked about acceptability of these areas when cable does go in; what is the average number of people who take the service. Pete Pericini, Brothers Road, asked if there was anything in the agreement that talks about the quality of the reception. Some of the equipment, he understood, was antiquidated and in need of maintenance and he has had nany problems with V.S. Cablevision over the last few years including the quality of the reception. Charles Jenning asked why it takes so long to do a survey; all they had to do was count the houses, why should this take three to four weeks. Mr. Erichsen discussed the mechanics of an extensive survey and explained why it would take this length of time, however, if they wanted just a count of homes, this could be done within a week or two at the most. Mrs. Mills complained that the area of Marlorville Road and Connors Road had been waiting for service for 15 years; now at a public hearing they were very willing to do a survey for the Robinson Lane area. Why couldn't they do this for all the unserviced areas. Ed Skorynko said one point should be made; if the survey shows that there are 35 homes per mile, the construction rates would not apply and that area would pay the regular rate of $7.95 per month. Dominick Rijano asked what construction costs consisted of: and what figure they were talking about. IT Was explained that there were various ways to do this and they would try for the less expensive way. It was also brought out that �r► Brandy Lane in East Fishkill had cable service and this area was just south of Robinson Lane so there was a possibility that something could be worked out with that area. Pete Pericini asked the Board if they had given another cable company and were bids sent out to He compared the service in Pawling and Yorktown chester County and said they paid one half the paying this company. Mr. Versace commented that this matter had been discussed any thought to any other company. Heights in West - rate they we were at meetings the Cable Committee had held and there was no other company available for this franchise. He was not happy with this agreement that was being presented, but there is no other choice. Mr. Erichsen spoke' on this matter and felt that his company had made several major concessions during the negotiations with the Town. Questions continued along the same vein by the same residents and Mr. Erichsen explained again the mechanics involved in doing the survey. Since Mr. Abbatantuona was the first resident inquiring about the Robinson Lane area, he was told that when information on this survey was received, the Town Clerk would contact him. There were no other comments from the public. Mr. McCluskey moved to close the Public Hearing, seconded by Mr. Johnson and unanimously carried. The Hearing closed at 9:02 P.M. OILLUL Elaine H. Snowden Town Clerk azi-vJak TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF APPLICATION FOR RENEWAL OF CABLEVISION FRANCHISE BY U. S. CABLEVISION CORP. STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: ss: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 18, 1982, your deponent posted a copy of the attached notice of Public Hearing on the Application for Renewal of C blevision Franchise by U. S. Cablevision Corp., 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. 77Z.4.A.c acrik ou. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this .?17-4 day of 1982. /Notary Public JOSEPH R. PALESTRO Notary Public, State of New York *o.5220 7 6 Itr>,ilirg ink x .' 'County Sty Commission Expires March 30,19 tri and S. D. NEWS - DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS NOTICE 18 HEREBY GIVEN that U.S. CabievIslo applicationCop. ha Therre heretofore maor aendmentde - renewal of its cablevaion franchise for T the purpose of operating and maintain--- Ing a community antenna television systemto residents of .Toof Wapping'', ex- : elusive, of the area of the To situated - within the corporate limits of the Village of W Wngen Fags: by mc.ne p}r posed mastaner Ordinance provldna cable feforfo The F amendment and renewal, se shoe, fess to- be paid by the subscriber, described areas to be nerved, and t makes other provisions rsgulatkig the i. f actMtlsa of U.B. Cablsvlsion within the ,„• own. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Wappinger will conducesaid ttpa public Marl upon the ., • Milafol Street, Wappingers lication at Fala. Town F York on thi 3l�stidday of August, 1902att " 8:00 P.M. EDT on such day at which ,- time all Interested parties will be heard. NOTICE 18 FURTHER GIVEN that a copy of the proposed amendment and renewal application Is on 8a In the of• 4 lice of the Town Clerk and may be we amined-In that office by any Interested ; pperson or persona during 'regular buskeaa trorrra. .. a.-Ir1e Town. KK Town of Weppinger 'Datr.Aug.18.1992- AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Osten of the 1 Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Co—Editor—Publisher 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 l8t}aay ofAug.•. . 19.$? . and on the following dates thereafter, namely on and ending on the 19. �. both days inclusive. zar/-s-F-t 18th day of. ,Auggust Subscribed and sworn to before me 18th day of Aug sti9 82 this Nosey Public • My commission expires. AL13>=kt'PA: bSTtN NOTARY PUBLIC. STATE OF NEW YORK QUALIFIED IN GIITfHESS CCUNTY . *14-8240760 COMMISSION EXPIRES MARCH 30. 19..