1981-02-26 PHA Public Hearing was held by the Town Board of the Town of
Wappinger on February 26, 1981, on an Ordinance Amending the
Zoning Ordinance of the Town of Wappinger, at the Town Hall,
Mill Street, Village of Wappingers Falls, Dutchess County, New
York.
Supervisor Diehl opened the Hearing at 7;03 P.M.
ipl Present:
L
06,
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits are
attached hereto and made part thereof of the minutes of this hearing).
Although there were four sections to this Ordinance, the Board
was listening to comments on Section Four pertaining to Off -Street
Parking in all residential zones. Mr. Diehl commented that the
Board has reviewed this situation and this hearing would be better
labeled a "wake" judging from calls and comments received previously
from the public. The original intent of the Board was to control
the parking of commercial vehicles, however, the Ordinance as
presented did not cover this particular item. Complaints received
were for the large trailer trucks with refrigeration and when they
are parked in residential areas, this refrigeration was left running;
the objection was to the noise of the motor running all night. The
way the Ordinance read it would put the little guy out of business
and this was not their intent. However, since the public was at
the meeting, the Board intended to hear their comments, even though
they had no intention of passing this section of the proposed Ordin-
ance. Mr. Diehl then asked for suggestions and recommendations from
the public.
Don McMillen, Chelsea Road, was against the Ordinance and suggested
that the Board prepare an On -Street Parking, rather than Off -Street
Parking Ordinance.
Mrs. Concetta Olivieri was against the Ordinance as presented
at this hearing; this could have been prevented, she stated, if
they had read it before going to public hearing. It did not even
mention tractor trailers.
Nathaniel Masch, Old Hopewell Road ---3 commercial vehicles, no
cars, farm machinery, his father started business back in 1950,
it is a father son business and if the Board doesn't show concern
for its people living in the Town for many years, they won't have
these people around. He has to park these vehicles where he lives.
Alex Stevens, Stoneykill Road, against this Ordinance on Off -Street
Parking. He asked if there were ordinances on the books now relating
to On -Street Parking. It was mentioned earlier that this ordinance
was copied from one in the Town of Poughkeepsie ---perhaps they too
have had problems with it, why not ask them for some answers.
Margaret Pierson, Old Hopewell Road, has five sons, they are away
at present, but are coming home. They have trucks and want to pth
cabs on them ----don' tell her that these sons cannont park on her
property.
Ed Nimchek, Old State Road, learned from experience to check the
legals to find out what was going on. That is why the Board re-
ceived phone calls --they spread the word. Years ago noone knew
what was going on, a handfull of people passed the laws. Perhaps
if noone was present tonight, this law would have been pushed through.
Don McMillen said the reason these vehicles are being brought home
is because of the problems of today, the price of gas, the trucks
are being ripped off. You have to protect your property.
The following people spoke on the same subject and were against
the Ordinance: Mrs. Grecco, Bill Niese, Mr. Dyson, Mr. Crawford,
Paul Forget who passed pictures around and complained of the
trucks and asked that the Board pass some kind of an ordinance.
Arthur Platt thought the Noise Ordinance ought to be some kind of
help if it were enforced. Jim Collins thought they could post
signs on some streets where these trucks could be parked.
Steve Bottini, Chelsea Road, didn't think the Town did enough for
the people, all they want to do is pass laws to hurt them.
Roger Humeston complained about the size of the legal advertisement
in the paper, it should be larger so people could see it.
Marie Forget felt they should keep the trucks off the street;
its worse in small developments.
Jack Walsh, 3 Maxwell Place, parks his truck in the driveway for
four years, couldn't afford to pay to park it somewhere or put up
a shelter for it. If he could put up a shelter, the house would
look more commercial than it does now.
George Liebermann, Deputy Building Inspector, stated that he took
care of one violator who parked on Hopewell Road; he was parked
there two weeks ago, he hasn't been there since and he won't be.
The other residents differed with this opinion, they told him it
was back in the same spot again.
Others spoke again but it was repetitious and Mr. Diehl said he
heard them all loud and clear and there would be no action taken
by the Board to approve this ordinance.
Mrs. Mills moved to close the Public Hearing, seconded by Mrs.
Reilly and unanimously carried.
The Hearing closed at 8:05 P.M.
a..00.cact_
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes
and says:
That she is the duly elected, qualified and
acting -Town Clerk of the Town of Wappinger, County
of Dutchess and State of New York.
That on February 10th, 1981, 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, Mill Street, in the Village of Wappingers
Falls, Dutchess County, New York.
Elaine H. Snowden
Town Clerk
Sworn to before me this o2 G 74-4
day of
b�tcar s/ 1981.
•
PATRICIA E.
Notary Public, S' cr yr V )rk
No. 4682319 0/...•11esi.% e.g.--
Commission Expires i.' .. (�
and S. D.
NEWS
DISPLAY ADVERTISING ,r- -CLASSIFIED ADVERTISING
914.29T-3723
84 EAST MAIN STREET • WAPPINGERS FALLS
. PIEASE,,,T
Bowie(
' Town Boo(
-' Wilk conduit!: dS
Town Halle IM
•' Falls. Nese'
at 7:00 P.M4:
concerning...am,:
Town of Wappiegir
as follows: ,jo., t=
The followlneerd acierwaa
ed by Count
BE IT ORDAINED:by the
of the Town otWappingentsfoi
The comprehaneiv. zonI
dinance adopted by:lheTcwn'
the Town of Wapplrger onJuhr
Is amended aeofiowet `:
ONE The =Mk1rtlp cii eilld
the following parc•la shat
from the portant to the
Owner • Reeyy Guarinq T;markt
• 19-6357-03.22006E04 N
Owner .: •;.Phyli
Number't1
Zone GB.1I
TWOr' Sec
Ise a
um
• ladas bele.1.4• w
urK
- Ioli
and state'
seventtl
- the front I
-THRE
' 422.'
Cen
la
-plbler
clipaa
That multi eh
.hies shall be *mittL
'. FOUR:SMre-WWI bs.
' mitted--accaaory useewnd0
421 Schedule oil.
Residential•Olatrlct.
• Tilted accesepryli__--
11t Oft -street prktng'
provlaloneotSection 427.•
and there Shalt be
as hollows:,'..
427.-oe,._er
OFF-STAE'
RESI OENTIA
427.1.;3PMkIngf,
opewr or
to the pnrtli
vehlclea.ertd
• ale 27bf1. can
427. 11. t ff
as of right a.;.€.•.
427.111.. Hay
frig capitally
rated 'byI "Nat
Dealers Associatlori:;
427.112. Having•emaximu
from the groilrtdtothe hi
the bod¢notUoexceed.8
• 4271'11 NOtrtiehlolr;
signaypidt ` 1ustrati
tach etl uto andy:'extend'
dow
the vehic
427.1
writing; e
limited 1d,
vehicle- `.f.t4f `ttj&e
'427.11E.V4Racti
obnoxIbw ;pjlrpow;: cannot
• nuisance ' nor lydetrimental;= to,
health, we4fw roramfetyof the
munity. ThsapplIcabillty of -this pro
sign Is tabs determined by the Zoning-.'
Administratoes ' .•-e44;" :A.
427.21. This:,mt4..
ovvfng domercia
vehicles will, be permitted to lurk by^
first obtaining Special Use Permits.. -
These permits will be Issued by the
Zoning Board of Appeals. •-�. ---..
427.211..Vehkte ' with - a carrying",
capacity miceeding three -quartet tons
and up to and Including two tone, OS.,
rated by the National Automobile
Dealers Association. •,••'-,
427.212. Vehicle having el hefghI•
from the ground to the highest ,point OI, ;
A Public Hearing was held by the Town Board of the Town of
Wappinger on February 26, 1981, on an Ordinance Amending the
Zoning Ordinance of the Town of Wappinger, at the Town Hall,
Mill Street, Village of Wappingers Falls, Dutchess County, New
York.
Supervisor Diehl opened the Hearing at 8:19 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits are
attached hereto and made part thereof of the minutes of this hearing).
This part of the Hearing pertained to the rezoning of the Guarino
property and the Bazley prpperty.
Mr. Johnson remarked that a request had been received from Mr.
Guarino to re -rezone his property back to Neighborhood Business
which it had been before the new zoning.
There were no comments from the public on the Guarino rezoning.
Mrs. Bazley was present to speak on her own behalf and said she
had purchased the property in 1972 after her husband's death and
ran the Peter Pan Nursery; it has been rezoned residential and
this is a hardship to her. The State was taking over property in
that area for construction and had offered her $900.00 for 22'
of property, if it was commercial it.would be worth more. This
property had been zoned commercial and was zoned back to residential
with the new zoning. She is surround by commercial property and
feels it should be rezoned.
Mr. Johnson felt they should look at it again since there is
airport industry in the area. Mr. Versace asked Mrs. Bazley who
she purchased the property from and she replied that two doctors
ran the nursery when she purchased it and she continued the business;
she did not live in the house at that time, it was a business, but
after her husband died she could not afford to run the two estab-
lishments and she moved into the house.
There were no other comments from the Board or the public.
Section Two adding footnotes to Section 422 (Schedule of
Regulations Non -Residential District) and Section Three adding
language to the section on Shopping Centers were discussed by
the Board, but there were no comments from the public.
Mrs. Reilly moved to close the public hearing, seconded by Mrs.
Mills and carried.
The Hearing closed at 8:32 P.M.
E1aine H. Snowden
Town Clerk
1
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 )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes
and says:
That she is the duly elected, qualified and
acting Town Clerk of the Town of Wappinger, County
of Dutchess and State of New York.
That on February 10th, 1981, 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, Mill Street, in the Village of Wappingers
Falls, Dutchess County, New York.
Elaine H. Snowden
Town Clerk
.Sworn to before me this JO t4
day of .7i...46, -44.42e %V 1981.
PATR!C' E. • . -,i:
Notary Pu'.. -)!;c, w ;,,i.!.
No. 4662319 Li'- - r. •, pI..
Commission Expire.
and S. D.
NEWS
DISPLAY ADVERTISING • CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
• PLEASEwJAKE NOTK;fc„'.UfatestAe.
' Town -Board of the Town of Wippitiger
will conduct a Pubilc Heatt(rg..at .
Town Han. Milt Street, W , r
Fails,•New Yorkadn
rlhe "1g91i uirafBpiC Wilk
at 700 P.M_ EST -to -hear all-
concerning
lt # t,1� for;
concerninngg an'-,. Amendment ata,: tha .; •
Town of wept:anger. Zoning Ord[Mnc "w "` �sTM "
as follows: -,..-.*,i., v, t • i,»...,, .; which time th shall apply f'
The following Ordinance wastmroduo;', `SaI-Ai: , �`
ed by Councilman Johnson: ' - •-•:-.' Yi-_'r_ ' "r �a ` " `"'
BE IT ORDAINED by the Town Board -1.1...z - . ' 427 61 : 'Alt - Of` - the - • comrtrerefi
of the Town of Wappingetas foUows:;rehit• or by' sit mbi ta•parl t; u*t be
The compreheaaive zoning .or- right' or _by' Special Permit must be 7.
di t' ai►ehtttdfle€ff�n►5lluiidi }ine
•isa ed tta&soltows:.
ONE: The zoning ciaasifleafton for:•::board*of'APPpeesafs°wNFbe�ao:trWlned4-
the following parcels shall becharr ed and a Spea(ei Permitmew Moiled for. It wilt?
from the present loathe following` " • = .s em O06,
Appal - issue nn��12c f
Owner - Roy Guariact Tax Grid Numberte". j ^`issue said DermiL "' `9"
- 198357.03.220050.00, New Zone • N8=`. ,.•
Owner - Phyilis:•Bazley; uTax«SGrid3'-• »,;;-.427.2.:ONy-ooe1 mercial 11 ,
ole• will be aibweo ompirk at .eaCh:.:
Number • -1&825904 538229OOr'-New { .:.;:
Zone GB • _.. )t1,y":' `.:Y-.. .:,.:,x*F.rzt' cuss:_ * . ' T. +� N
• TWO: Sectiertv'422s(Sohedule,:- `"'="'`S
Regulation& Non -Residential District)
is amended,:by=.adding- to, thm-
quirementa designated by the column
. labeled as.r.71Alnirt uat•.-Yard..(Feet)'
under footnizte=(d)l(front: yardy the
following:.' ,,• ,.y..:.x;-... . -. ... ,,
(d) front yardlydetbacksbn county;
and state roada.shatl be aminlmum or
seveatyfive psi" measUredfrom.
the front lot Ilrwq i' :, ." ,,.....-ii,„,,„ .'
. THREE: , e'p
ont• Sei;enr
422. appii(SC)` Shopping;.
' Center shalti4ontaitr F the allowing
. IanguaaggsaWge k nd4(4be 'a
piicaq(erttlIthrt;
cipal utiedesig ltimeirw''
That multiple -attached. e'.
uses shalt be permitted as toNows
FOUR: Tbere'shaft be-additd
mitted acceesdry< Uses •under,'
421 Schedule, -of' Regulatio
Residential District the •ioltoWi
- mitted accessorii use: ;s, ,-
. II. Off-street parking su ;
provisions of Section 427 :.f:: •
•
and there shill bs
as follows:.
427.
OFF-STREETt%' PARKIN
RESIUF,NT. r.....r,.
- - 427,1. Patking> whet .
open-orencioe it baRreetricted•...=
to the parking, s private paeasnger
vehicles and Orr& (1; commercislyehi-- =
_ de subject to-the/Mowing: • - a!
427.11. Com�taivehicle,allowed-
as of right . - -...:. .� - '..,e,,, r '
427.111. Having !• MilifrngMnrcani- i•
ing capacity of threequarter tans, as+
rated -by-tlp.,NationaIAutdrnobflgr
Dealers AssociatiOrty
427.112. -Having a•maximum height' `
from the ground to the highest point of__
the body not to exceed 8 feet.. • I. ^'•• '!t
427.113. No vehicle shall have,anyr,
signs;. pictures, illustrations, etc.. at -+i
tached -to and extending. -upward,.'•.
downard, or outward from any part of
the vehicle...1...•`-
427.114. Airy advertising, lettering.
writing, etc., in whatever form, i8 to be
limited to the two front doors of the.::..
vehicle. -- '
427.115. Vehicle cannot be used for 'r
obnoxious purposes: Cannot be a
nuisance nor ' detrimental to the
health. wettare or'safety of the corn.
rnunity. The. ncadility of this provi-
sion, is tot*, rjedpr the Zoning
Administrat
427.21. The following .commercial
vehicles will be ltted” to park by
first obtaining Spacial Use Permits.
T!ese permits wilt be issued by the
Zoning Board of Appeals. --.
427.211. Vehicle• with a ca
capacity exceeding three -quart
and up 30 -and krcluding two tons, as
rated by. the, , National Automobile
DeaiersAssociatien,, C.'.
427.212.' Vehicle having a height
from the ground Lathe highest pointot
the ^ _icy 'n excess of 8 feet.
1/7213: -Vehicle with signs, pie.
!„res. it:untra+ons, etc., attached to
t.
tor rbki9entift'
edoing
einw•hi
427.51.'F m the slate alis'& 3 nd• .
ou!wa..K
427Z,
;e•..r.n%,;,.
fora),
front,04
427.JF'
^^ upward. downward or
any part of the vehicle.
with advertising,
ng, etc., in whatever
other than the two ((
commercial vehicle
the Zoning Ad -
be obnoxious, offensive.
..tee •r.MrO( nAfrtme..rgr r0
'c
' 3J.:ata 2r faty of :itis
c�r •.K.,as••. ao1 be allowed 30 Dark
.•rot,. sorby Special Permits
427 41.hr vehkle not meeting.lhe'
sranoemesa pethir(RW,9 ik!11,4:
•
Clerk,
ownotWappi
i."
AFFIDAVIT OF PUBLICATION
State of New York.
.County of Dutchess.
Town of Wappinger.
.Beatrice Osten
of the
Torn of Wappinger. Dutchess County. New Yak.
being duly sworn. says that he is. ind R the several...
times hereinafter was. the. GP :Z4 to utllkher
W. & S.D. NEWS. a newspaper printed and published -
every Thursday in the year in the Town of Wappinger.
•liutchess County. New York. and that the annexed
NOTICE was duly published to the said newspaper for
e...OAe:.week succeutvel ...Ca2CQ.in each week.
commencing on the llth day of.. Phi. ld.ry..
19 L and on the following dates thereafter. namely on
and ending on the filth day of FebxvAgy,.
19a)r both days inclusive.
Subscribed and sworn to before me
day of....19.4•Xt3dXY t9Sl
this
Notary Public
My commluion expires
Al IC L r'T M. V.:77‘1
NOTA"7 i''..