1979-07-30 SPM.L O 6
A Special Meeting of the Town Board of the Town of Wappinger was
held on July 30, 1979 at 6:30 P.M. at Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Notice of said meeting was sent to all Board Members on July 27,
1979, calling the meeting for July 30, 1979 at 6:30 P.M.
Notices were sent to the three newspapers and four radio stations
and notice was posted on the Bulletin Board maintained in the Town
Clerk's office.
Deputy Supervisor Jensen opened the meeting at 6:48 P.M.
Present:
Leif Jensen, Deputy Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Gladys Ruit, Deputy Town Clerk
Absent:
Louis Diehl, Supervisor
The Deputy Town Clerk read the notice that was sent out and posted
which stated that the sole purpose of this meeting was to adopt ;a
resolution amending a prior resolution adopted July 9, 1979, which
set forth a Negative Declaration of Environmental Significance with
respect to the adoption of the Zoning Ordinance and for the further
purpose of readopting the Zoning Ordinance upon the revised environ-
mental findings.
Mr. Jensen explained that they had a revised resolution in front
of them -and requested the Deputy Town Clerk to read same.
WHEREAS on July 9, 1979, the Town Board adopted a negative
declaaation of environmental impact with respect to the adoption
of an amendment to the zoning ordinance of the town, and
WHEREAS, on July 9, 1979, the board adopted an amendment to
the zoning ordinance, and
WHEREAS notice of publication of said amendment has not been
made pending a requested opinion from the Town Attorney as to
procedures to be observed upon publication, and
WHEREAS in so acting, provisions of the State Environmental
Quality Review Act and Local Law No. 2 of 1977 may have been
inadvertantly overlooked, and F'
WHEREAS it is the objective of the Town Board to comply with
any applicable provisions thereof prier to implementation of the
said amendments to the zoning ordinance,
1:20
NOW, upon the motion of COUNCILMAN JOHNSON, seconded by
Councilwoman Reilly,
BE IT RESOLVED that the prior resolutions and actions of
the Town Board on July 9, 1979 adopting the aforesaid declaration
of negative environmental impact be and is hereby rescinded, and
BE IT FURTHER RESOLVED that the action of the Town Board
adopting an amended zoning ordinance on July 9, 1979 be made
subject to observance of those procedures set forth in the
Environmental Quality Review Act and Local Law No. 2 of 1977
to the extent applicable and that final adoption and implementa-
tion thereof be held in abeyance until completion of consideration
of said act and local law and observance there of to the extent
applicable by the Town Board, and that the Town Clerk take no
steps to publish the same until further direction of the Town
Board.
Roll Call Vote: 4 Ayes 0 Nays
Before the vote was taken, Mr. Incoronato, being recognized by
the Chair, questioned the Board on their intent on the Environ-
mental Impact Statement, and further questioned them on the
legality of the adoption of the new Zoning Ordinance.
Mr. Johnson pointed out that the resolution they had on the floor
spells these facts out and specifically says they may have inad-
vertemty overlooked provisions of the State Environmental Quality
Review Act and Local Law No. 2 of 1977, he emphasized "may".
For this reason, they are continuing to work with the old zoning
ordinance, although the new one was adopted. However, as the
resolution states they will hold the implementation of this in
abeyance.
Mr. Incoronato then asked if they would have an Impact Statement
conducted and would it have public input. He was assured that the
Board intended to comply with the law.
Mr. Jensen directed the Zoning Committee, Mrs. Reilly and Mr.
Johnson to make inquiries of environmental firms for a draft
Emvironmental Impact Study and estimated cost and further inquire
if these firms are familiar with the Study that would have to be
done.
MRS. MILLS moved to close the Special Meeting, seconded by Mr.
Johnson and carried.
The meeting closed at 6:58 P.M.
Spl. Mtg, 7/30/79
Gladys'Ruit,
Deputy Town Clerk
A Public Hearing was held by the Town Board of the Town of
Wappinger on July 30, 1979, on an Ordinance Amending the Zoning
Ordinance of The Town of Wappinger Prohibiting Gasoline Storage
Tanks in Residentail Areas, at Town Hall, Mill Street, Wappingers
Falls, New York.
Deputy Supervisor opened the Hearing at 7:00 P.M.
Present:
Absent:
Leif Jensen, Deputy Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Gladys Ruit, Deputy Town Clerk
Louis Diehl, Supervisor
1 2 Q 8
The Deputy Town Clerk offered for the record the Affidavit of
Posting and Publication (attached hereto and made part there of
of the minutes of this hearing).
Mr. Jensen noted that the Ordinance referred to amending the
Zoning Ordinance adopted on July 9, 1979, but since we are not
working with this Ordinance it should be changed to the date of
the adoption of the existing Ordinance.
Mr. Adams, Attorney for the Town, aduised that this could be changed
at the time of the adoption of this amendment.
Mr. Jack Raio, 19 Dara Lane, asked if a permit had been issued for
a gas tank for a resident in his area. Mr. Jensen informed him that
this hearing was on the amendment to prohibit gasoline storage tanks
in residential areas, however, the permit in question had been
applied for before this amendment.
Noreen Sweeney, 16 Dara Lane, spoke about the resident in their
area who was running a business in his home; this happened to be
the same person who had applied for the gas storage tank which was
issued. Mr. Jensen tried to discourage this line of discussion
since it was not the subject of the public hearing. He asked Mrs.
Sweeney if she was in favor of this Ordinance and she replied, yes
she was.
Noreen O'Connell was against the Ordinance.
Dick Sweeney was in favor of the Ordinance.
1 2 0 9
Patrick O'Dea, 11 Dara Lane, was in favor of the Ordinance.
Mr. Jack Raio asked when they would act on this.
Mr. Jensen replied that they would probably take action at the
next Board meeting.
No one else spoke.
MR. JOHNSON moved to close the Public Hearing, seconded by Mrs.
Mills and carried.
The Hearing closed at 7:28 P.M.
Gladys Ruttl-,
Deputy 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
PROHIBITING GASOLINE STORAGE TANKS
IN RESIDENTIAL AREAS.
STATE OF NEW YORK )
COUNTY OF DUTCHESS )
SS:
AFFIDAVIT OF
POSTING
121
GLADYS RUIT, being duly sworn, deposes and says:
That she is the duly appointed Deputy Town Clerk of
the Town of Wappinger, County of Dutchess and State of
New York.
That on July 12, 1979, your deponent posted a copy of
the attached notice of Public Hearing on an Ordinance
Amending the Zoning Ordinance of the Town of Wappinger
Prohibiting Gasoline Storage Tanks in Residential Area,
on the signboard maintained in the office of the Town
Clerk, in the Town Hall of the Town of Wappinger, Mill
Street, in the Village of Wappingers Falls, Town of
Wappinger, Dutchess County, New York.
Sworn to before me this
day of
/
1979.
Notary Ptithac
Gladys Ru
Deputy T9n Clerk
Town of Wappinger
12
U7. acrAl 3. D.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET • WAPPINGERS FALLS
LEGAL NOTICE
PLEASE TAKE NOTICE that the
Town Board of the Town of Wappinger
will conduct a public hearing. on July
30th, 1979, at 7:00 p.m. EDST at Town
Hall, Mill Street, Wappingers Falls,
Dutchess County, New York, to hear all
persons concerning an Ordinance
Amending the Zoning Ordinance of the
Town of Wappinger Prohibiting Gasoline
Storage Tanks in Residential Areas, as
follows:
Introduced by Councilman Jensen
BE IT ENACTED by the Town Board
of the Town of Wappinger as follows:
The Zoning Ordinance adopted by the
Town Board of the Town of Wappinger
on July 9, 1979, is amended as follows:
Section 1. Section 483.8 Is amended by
the addition of Section 483.81
Section 783.81 Storage of Gasoline
483.81 No storage of gasoline for use in
motor vehicles or other motors shall be
permitted in any residential zones.
483.82 This section shall not apply to
• temporary storage of gasoline In por-
table containers having a capacity leu
than five gallons.
Section 2. This Ordinance shall
become effective as prescribed by Town
Law section 265.
• Elaine H. Snowden
Town Clark
Town of Wappinger
Dated: July 17; 1979
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
'Beatrice Ostten
of the
Town of Wappinger, Mitchel: County, New Yak.
being duly sworn, says that he is. b.nd !t the several
times hereinafter was, the Cq" ditpfi' 111.1-AIMf
W. & S.D. NEWS, a newspaper printed and published
every Thursday in the year in the Town of Wappinger,
-Dutchcst County, New York, and that the annexed
NOTICE was duly published in the said newspaper for
..Ass.... week succeuively.... parte. in each week
commencing on the..18th...day of..�ul�
1929 and on the following dates thereafter. namely on
and ending on the 184 hday of
19..?Sboth days inclusive.
<hay
Subscribed and sworn to before me
this 18th..... day of ,'IAT 19.79
e-, . -�
Notary Public
My commission expires
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