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1979-07-09 RGMAGENDA TC WN BOARD TOWN OF WAPPINGER JULY 9, 1979 1. SUPERVISOR CALL MEETING -TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES ,)( =Lc 4. REPORTS OF OFFICERS Town Justices (May &—e) H. Supt. Hydrant Report 5. RESOLUTIONS 1\'.R-4-1 .l L - l4- 1 Z - - { "i i •i u ( ! Receiver of Taxes Bldg &--Zn.g. a. Zoning Ordinance & Map proposed revision b. Central Hudson Lighting District Contracts (Gen. Twn, Chelsea & Hughsonville) c. Salvage Yard License application - A & J Parsons (New) d. M. Ryan request for Transfers: 1. F.P. Clark Associates 2. Publishing Zng. Ord. for P.H. 3. Budget Shortfall - heating fuel - Highway garage e. Planning Bd. recommendation to call bond for Serenity Mission Rd. f. Resolution of intent - Texaco - Oil & Hazardous Substances Spill Committee g. Bids for sale of 1971 Toyota (Old Patrol Car) �l• M.'ky4n Ce . 1.a\\ trees w6 n.,fenci.4utes • � ern. Pollv'n/ Places 6. REPORTS OF COMiMITTEES 7. PETITIONS & COMMUNICATIONS A. City of Poughkeepsie re: enlisting support for operating Ski Facility at College Hill B. R. E. Lapar re: CWW Imp. Water Survey (Heath) -authorize payment of Voucher, & Recommendation to repair leaks. C. Judy Crawford re: Block Party in Quiet Acres D. E. Hawksley request increase in pay for CAC Secretary E. Rezoning Request by Sheraton Enterprises, Inc. (Rte 9 & Osborne Hill property. �• �• G�Y.decvc� c e�; Cas tb5cAgtQ; \\( 8. UNFINISHED BUSINESS a. R. E. Lapar re: (1) Castle Point Recreation Area (2) Stream Cleaning Report , b. H. Gunderud Memo re: R.E. Lapar memo on Placement of Water Meters c. W. Horton recommendation on Scofield Dev. Call Bond ci • Zec, � Y -3c.‘ l.eed to kzecarv.a.Ae_nan;\'to w.ldwiesel - 0.11pro44.1, 9. NEW BUSINESS l 10. ADJOURNMENT 1179 The regular meeting of the Town Board of the Town of Wappinger was held on July 9, 1979 at To Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:11 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Others Present: Jon H. Adams, Attorney William Horton, Highway Superintendent Rudolph Lapar, Engineer to the Town The Minutes of the Regular Meeting of June 11, 1979 and the Special Meetings of May 24, May 29, June 4 and June 6, 1979, having been previuu .ly 'sent to the Town Board, were now placed before them for their consideration. MRS. REILLY moved that the Minutes of the Regular Meeting of June 11, 1979 and the Special Meetings of May 24, May 29, June 4 and June 6, 1979, be and they _ar.e ,he:dby4pproved, as submitted by the Town Clerk. Seconded by Mr. Jensen Motion Unanimously Carried Reports were received for the month of May from Town Justices, for the month of June from the Receiver of Taxes, the Building Inspector and the Highway Superintendent's Hydrant Report. Mr. Johnson had a few questions on some of the items on the Hydrant Report and Mr. Horton explained them to his satisfaction. MR. JOHNSON moved that the reports be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been held on the proposed Zoning Ordinance and Map by the Town Board of the Town of Wappinger on June 26th, 1979, the matter was now placed before them for their consideration. The following resolution was moved by COUNCILMAN JOHNSON who moved its adoption: aril BE IT RESOLVED that the following Negative Declaration Environmental Significance be adopted: (attached hereto and made part thereof of the Minutes of this Meeting). Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following Resolution was °#f by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, a motion was made at a prior meeting of the Town Board of the Town of Wappinger that the zoning ordinance and zoning map be introduced and that a public hearing be held thereon, and WHEREAS, pursuant to Section 239-m of the General Municipal Law, the proposed amendment to the nap and ordinance was referred to theDutchess County Planning Department, and WHEREAS, by letter dated the 25th day of June 1979, the Dutchess County Planning Department has recommended disapproval of certain portions of the amendment, and WHEREAS, a motion has been made that the zoning map and ordinance be amended, NOW, THEREFORE, BE IT RESOLVED that the zoning map and zoning ordinance amendment as attached hereto be and is hereby adopted, and BE IT FURTHER RESOLVED that pursuant to the provision of General Municipal Law Section 239-m, approval to the said amend- ment is granted for the following reasons: 1. The disapproval expressed by the county planning agency is only addressed at commercially zoned areas. The factual premises supporting the conclusions so expressed fail to consider actual land use patterns in such areas. 2. The county planning agency has failed to consider the legitimate expectations of land owners in commercial zones that such land will continue to be used as such. 3. The fear expressed that zoning map will result in excess eommercial development fails to take into consideration the operation of competitive factors that will limit commercial development to the actual demands of the market place. Commercial zones should not be so limited as to hamper the free operation of those forces. 4. The county planning agency has not recommended.itsapproval of the entire zoning text and map but only portions thereof. It has commented favorably with respect to other portions. As the recommendation does not address the proposed ordinance in its entirety, it is questionable whether the negative portions alone are a disapproval within the contemplation of General Municipal Law Section 239-m. 5. Because of the expenses associated with the adoption of zoning ordinances, adoption of the proposed comprehensive ordinance and map, and the further study of the specific disapprovals will better serve the best interests of town residents. If after study, modification is warranted, the same can be accomplished by subsequent legislation. 1 1'8> 6. The present zoning ordinance is sixteen years old and is outdated. Further delay is not warranted in the adoption of a new comprehensive ordinance. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York that the following Town of Wappinger Comprehensive Revised Zoning Ordinance and Map be adopted. BE IT FURTHER RESOLVED that this Ordinance shall become effective immediately upon adoption, posting and publication as prescribed by Town Law. (Zoning Ordinance and Zoning Map attached hereto and made part thereof of the Minutes of this Meeting). Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays Before the vote was taken on the Negative Declaration of Environmental Significance, Mr. Incoronato, being recognized by the Chair, asked who was consulted on this declaration, where did the input come from; did the planning consultants approve this, was there a letter from the planning consultant, was their any correspondence to support this negative statement; where was the planning consultant's name on the statement: Mr. Diehl informed him that the Attorney to the Town forwarded this declaration to the Board and it had been compiled by the planning consultants and the Attorney; it did not have to be signed, it needed Town Board approval. Mr. Johnson, speaking further on the Zoning Ordinance, remarked that at the public hearing they had received a number of questions, requests to look into certain aspects and problems that had arisen. This has not been forgotten, they will be addressed, there will be corrections, deletions, technical reviews at a later date. The following Ordinance was introduced by COUNCILMAN JENSEN: An Ordinance Amending the Zoning Ordinance and Zoning Map of the Town of Wappinger. q'182 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: The Zoning Ordinance and Zoning Map adopted by the Town Board of the Town of Wappinger on July 9, 1979, is amended as follows: Section 1. The land owned by Chelsea Ridge Associates, described on the Tax map of the Town of Wappinger as grid no. 6056-02-635539 be rezoned to NB zone. Section 2. The lands owned by Chemical Bank, Jack Davis, and Power Test described on the Tax Map of the Town of Wappinger as grid nos. 6157-02-610920, 6157-02-604953, and 6157-02-578955 be rezoned as HB -1A. Section 3. That all lands as shown on the Tax Map of the Town of Wappinger presently zoned R-20, and being between Osborne Hill Road and Fowlerhouse Road as follows to a depth of 300 feet on both sides of Route 9 only, be rezoned HB -2A: Tax Grid No. Owner 6157-04-599136 Sheraton 6157-04-600170 Dominicus 6157-04-590180 Cohen 6157-04-582220 Posar 6157-04-743178 Heimburger 6157-04-636239 Horton 6157-04-639251 Parkton 6157-04-648271 Taranto 6157-04-627257 Tornatore Section 4. That all lands as shown on the Tax Map of the Town of Wappinger presently zoned OR -10A on the easterly side of Route 9, South of Old Hopewell Road as follows to a depth of 300 ft. on the cast side of Route 9 be rezoned HB -2A. Tax Grid No. 6157-02-641504 6157-04-604495 6157-04-603472 6157-04-638394 6157-04-633424 6157-04-623465 6157-04-618490 Owner Huang Sokol Knight Shen Emerald Renovators D'Ambrosio Palmatier Section 5. That all lands as shown on the Tax Map of the Town of Wappinger presently zoned Or -10A on the easterly side of Route 9, South of Old Hopewell Road described on the Tax Map of the Town of Wappinger as grid nos. 6157-02-637535, 6157-02-659528, and 6157-02-684525 owned by Tomasic, P&D Tree Experts, and David and Patricia Roger respectively, and the remaining portions of those properties presently zoned Or -10A on the easterly side of Route 9, South of Old Hopewell Road described on the Tax Map of the Town of Wappinger as grid nos. 6157-02-641504, 6157-04-618490, 6157-04-623465, 6157-04-633424, and 6157-04-638394, owned respective- ly by Huang, Palmatier, D'Ambrosio, Emerald Renovators, and Shen, be rezoned to OR -1A. Section 6. This Ordinance shall become effective as prescribed by Town Law Section 265. The following resolution was introduced by COUNCILMAN JENSEN who moved its adoption: WHEREAS, there has been introduced, an Ordinance Amending the Zoning Ordinance and Zoning Map of the Town of Wappinger, NOW THEREFORE, BE IT RESOLVED, that a Public Hearing shall be held on the 30th day of July, 1979 at 8:00 P.M. Eastern Daylight Timm, at Tow2f Hall, Mill Street, Village of Wappingers Falls, 1 1 Dutchess County, New York. BE IT FURTHER RESOLVED that the Town Clerk shall give notice of said Public Hearing as provided by Law. Seconded by: Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays Mr. Versace, being recognized by the Chair, asked if the Board was also taking into consideration recommendations made by the residents who were present at the public hearing held on the Zoning Ordinance on June 26th ---such as the CB'ers, were they now in violation due to the height of their antennas. Mr. Johnson answered that they were investigating this and other problems --this could be a non -conforming use. It would take time, he said, but all problems would be addressed. The following resolution was offered by COUNCILMAN JENSEN, who moved its adoption: WHEREAS, all agreements with the Central Hudson Gas & Electric Corporation for lighting the streets and highways in the Chelsea Lighting District has been terminated on July 9, 1979 and, WHEREAS, the Central Hudson Gas & Electric Corporation has submitted a new agreement for lighting said streets and highways subsequent to that date, NOW, TIEREFORE, BE IT RESOLVED that the new agreement dated June 1, 1979 as submitted by the Central Hudson Gas & Electric Corporation be and is hereby approved, and it is further RESOLVED that Supervisor Louis D. Diehl be and is hereby authorized to execute said agreement on behalf of the Town of Wappinger. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: WHEREAS, all agreements with the Central Hudson Gas & Electric Obrporation for lighting the streets and highways in the Hughsonville Lighting District has been terminated on July 9, 1979 and WHEREAS, the Central Hudson Gas & Electric Corporation has submitted a new agreement for lighting said streets and highways subsequent to that date, NOW, THEREFORE, BE IT RESOLVED that the new agreement dated June 1, 1979, as submitted by the Central Hudson Gas & Electric Corporation be and is hereby approved, and it is further RESOLVED, that Supervisor Diehl be and is hereby authorized to execute said agreement on behalf of the Town of Wappinger. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays b 84 The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: WHEREAS, all agreements with the Central Hudson Gas & Electric Cbrporation for lighting the streets and highways in the Town of Wappinger (General Town Charge) has been terminated on July 9, 1979 and, WHEREAS, the Central Hudson Gas & Electric Corporation has submitted a new agreement for lighting said streets and highways subsequent to that date, NOW, THEREFORE, BE IT RESOLVED that the new agreement dated June 1, 1979 as submitted by the Central Hudson Gas & Electric Corporation be and is hereby approved, and it is further RESOLVED, that Supervisor Diehl be and is hereby authorized to execute said Agreement on behalf of the Town of Wappinger. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays An application for a Salvage Dealer's License had been received from Arthur Leiberman (formerly J & B Parsons Inc.). This had been reviewed by Hans Gunderud, Zoning Administrator who had required additional information. A second letter was received from Mr. Gunderud stating that he was now satisfied that the revised site plan and proof of ownership, as submitted by Mr. Rahemba, attorney for Mr. Leiberman, met all essential zoning requirements for issuance of a license to operate a legally non -conforming salvage yard at the previous J & B Parsons Inc. site. MR. JENSEN moved that the Town Clerk be directed to issue a Salvage Yard License to Arthur Leiberman, as recommended by the Zoning Administrator. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Three memos were received from Mr. Ryan, Comptroller requesting transfers as follows: Memo To: Town Board From: Matthew W. Ryan, Comptroller Date: June 13, 1979 Subject: F.P. Clark Associates I have received, this date, a bill from Clark Associates for work on the new proposed Zoning Ordinances. If this is acceptable, please approve a transfer from B1990.4 Contingency to B8020.4 Planning Contractual in the amount of $884.50. MR. JOHNSON moved to approve transfer for F. P. Clark Associates in the amount;pf $884.50 from B1990.4 Contingency to B8020.4 0 118 5 Planning Contractual, as requested by the Comptroller. Seconded by Mrs. Reilly Memo To: From: Date: Subject: Motion Unanimously Carried Town Board Matthew W. Ryan, Comptroller June 20, 1979 Additional Transfer Enclosed please find a copy of the bill for publishing the revised Zoning Ordinance. At the present rate of normal legal ads we will expend all allocated funds in this budget line item. Therefore, please transfer $3,084 from B1990.4 Contingency To B6410.4 Printing and Advertising Contractual. MR. JOHNSON moved to approve transfer $3,084.00 from B1990.4 Contingency to B6410.4 Printing and Advertising Contractual, as requested by the Comptroller. Seconded by Mrs. Reilly Memo To: From: DAte: Subject: Motion Unanimously Carried Town Board Members Matthew W. Ryan, Comptroller June 26, 1979 Budget Shortfalls The budget item for the highway garage is rapidly approaching zero. The adopted budget calls for an annual expenditure for heating fuel, etc. of $7,500. To date, we have spent $7,333.44 on fuel alone!! We will need, in the near future, a transfer to cover overexpenditures. Due to the low contingency fund balance, I recommend a transfer of $2,500 from A1990.4 to A5132.4 Garage Contractual. MR. JENSEN moved that the transfer be approved in the amount of $2,500.00 from A1990.4 to A5132.4 Garage Contractual, as requested by the Comptroller. Seconded by Mrs. Mills The following letter was received: Motion Unanimously Carried June 19th, 1979 Toun Board Members Town of Wappinger Town Hall -Mill Street Wappingers Falls, NY 12590 Re: Serenity Mission Subdivision -Completion of Roads Within the Subdivision. Dear Board Members: This letter is to advise you that the Planning Board refuses to grant any further extensions for eompletion of the roads within this subdivision. In view of this, the Board would like to suggest that immediate steps be taken to call the bond. It would be most appreciated if you would advise the Planning Board of any action you may take regarding this matter. Respectfully yours, s/ Betty -Ann Russ, Secrettary T/W Planning Board MRS. MILLS moved that the bond be called on Serenity Mission 41/ and the Attorney to the Town be empowered to take the steps necessary for this action. Seconded by Mrs. Reilly Motion Unanimously Carried Two bids were received for the 1971 Toyota Sedan owned by the Town; one from John Vorndran in the amount of $125.00, one from Thomas Coughlin in the amount of $80.00. SUPERVISOR DIEHL moved that the 1971 Toyota 4 door Sedan owned by the Town be sold to John Vorndran,highbidder, in the amount of $125.00. Seconded by Mrs. Reilly Motion Unanimously Carried A memo was received from Mr. Ryan concerning Tall Trees Water District's financial problems due to expensive freeze -ups and water lineproblems this past winter. Outstanding debts amounted to $7,739.57 and the next billing would bring in $2,800 if everyone paid on time. He requested that a loan be made to this district of $6,000.00 from the "B" fund. MR. DIEHL moved that $6,000.00 be transferred to the Tall Trees Water District from the General Fund "B" as a loan and the normal interest rates be charged. Seconded by Mr. Jensen Motion Unanimously Carried MR. DIEHL moved to affirm the following Polling Places for the Town of Wappinger: POLLING PLACE LOCATION Mesier Homestead, Mesier Park Wappinger Town Hall, Mill Street Garner Engine Company, Aaadem^Street Wappinger Junior High School, Remsen Avenue Ketcham High School, Myers Corners Road New Hackensack Church Education Center, Rt. 376 Ketcham High School, Myers Corners Road Ketcham High School, Myers Corners Road New Hackensack Fire House, Myers Corners Road Myers Corners Elementary School, Myers Corners Rd. Hughsonvill Fire House, Hopewell Road Hughsonville Fire House Wappinger Junior High School, Remsen Avenue Chelsea School House, Liberty Street, Chelsea Chelsea School House Hughsonville Fire House Myers Corners Elementary School, Myers Corners Rd. Myers Corners Elementary School Mt. Hope Grange, Myers Corners Road New Hackensack Fire House New Hackensack Church Education Center Seconded by Mrs. Mills The following letter was received: Mr. E. S. Hawksley 3 Franton Drive Wappingers Falls, New York Dear Mr. Hawksley: DISTRICT 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st Motion Unanimously Carried June 19, 1979 11 8 7 Attached is the Letter of Intent for participation in the Hudson River Oil and Hazardous Substances Spill Committee. Please return the signed letter to me by July 15. In the event that you cannot sign, please advise me as to the reason or reasons. Very truly yours, s/ E.S. Shafer HUDSON RIVER OIL AND HAZARDOUS SUBSTANCES SPILL COMMITTEE Letter of Intent It is desired to establish an Oil and Hazardous Substances Spill Committee comprised of federal, state, and local government agencies, organizations and industry for the purpose of drafting, maintaining, and implementing, as required, a contingency plan for mitigating spills of oil or hazardous substances on or immediately adjacent to the Hudson River in New York, between the Kingston-Rhinecliff Bridge and the Bear Mountain Bridge. tNg Participating agencies, organizations and industry shall basically agree to contribute, within their areas of expertise or interests, toward the development and implementation of a viable contingency plan for response to significant oil or hazardous substances spills within the given area. Representatives of participating agencies, organizations and industry shall form subcommittees under the guidance and direction of a coorinating committee to develop and implement -a local spill contingency plan. Participation in any phase of the development or imple- mentation of the contingency plan is considered voluntary on behalf of all agencies, organizations and industry and is in the combined environmental interest and welfare of all partici- pants, local communities, residents and users of the Mid -Hudson River area. Considering all the above, the undersigned agrees to participate directly or through representation. The approximate list of goals and objectives is attached herewith. This letter of intent does not commit any party to execute any formal agreement. MR. JOHNSON moved that the Supervisor be authorized to sign the Letter of Intent and it be returned to the appropriate principals. Seconded by Mrs. Mills Motion Unanimously Carried Under Committee Reports, Mr. Johnson reported that the Recreation Committee had met with She Recreation Commission and members of Little League Association to discuss problems with the fields, some of them safety related problems. A letter had been received from the Commission addressed to the Committee addressing each of the 20 items individually, showing which of the items have been completed. All of the safety related problems had been taken care of; other maintenance items would be addressed at budget time. MR. JOHNSON moved that a copy of this letter be sent to Mr. Wayne Holton, President of the Little League Association. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Johnson further reported that he was accumulating information from the public who attended the public hearing on the Zoning Ordinance and these would be addressed at a future date; they had not been forgotten, but it would take time to solve some of them. Mrs. Mills asked Mr. Horton to look into an "attractive nuisance" that existed on Wildwood Drive at Brian Place which was an old tree stump that the kids had taken over and added boards to.; thus making a ramp for bicycle tricks and whatever else they felt like making it. It has proved to be dangerous and one child had already broken a shoulder. The next item she brought up was the brick wall at the entrance to Wildwood Drive on the right side. Someone apparently had hit it and it was gradually disintegrating, bit by bit some of the bricks were being pulled off of the wall. Mrs. Mills did not know who was responsible for the maintenance of this wall, and she requested Mr. Horton to check the ownership on this. Mr. Gunderud, Building Inspector and Zoning Administrator was present and Mr. Diehl asked him to check this out, also. Mrs. Mills then spoke of another drainage problem --there is a drainage ditch at the end of all the homes on the left side of Wildwood Drive, there is a right-of-way at one of the houses there, near the Wildwood Manor Apartments. The apartment had put up a fence near the recreation area but through the years it has raised about 10 inches and is in bad condition, falling apart actually. The resident children have found this out and have easy access to the drainage water and were making a mess. Mrs. Mills asked Mr. Horton to investigate this matter and report back to the Board. Mr. Jensen reported that the Tri -Municipal project was moving slowly due to the impact statements still coming in. A communication was received from Patricia Havens, City Chamber- lain of Poughkeepsie regarding a resolution adopted by the Common Council seeking support from the Towns of Poughkeepsie, LaGrange and Wappinger to operate the ski facility at College Hill. MR. DIEHL moved that this be referred to the Recreation Commission for their review and recommendation due to the fact that we must have more information before we can support this facility and a copy of this referral be forwarded to the City of Poughkeepsie. Seconded by Mrs. Mills Motiom:Unanimously Carried A report was received from Mr. Lapar enclosing a copy of the leak survey recently made by Heath Consultants and a voucher for this service, in the amount of $9,182.00. MR. DIEHL moved that the Comptroller be authorized to pay the voucher from the appropriate district account and at a later date this amount be included in the bonding for the new well. Seconded by Mr. Jensen Motion Unanimously Carried Mr. Lapar, in this letter, had suggested that all the Town owned leaks be repaired as soon as possible and the private owners be directed to repair their leaks within a reasonable time. MR. DIEHL moved that the Attorney formulate a letter to the residents that have leaks in their line instructing them to repair them by a definite time and this letter would go out from the Supervisor's office. Seconded by Mr. Jensen Motion Unanimously Carried Mr. Jensen mentioned that we do need to have hydrants replaced and it would be a good time to do this when the Town is having leaks repaired and include the installation of the hydrants in the bonding; the hydrants are stored in the Town garage so it would just be for the installation. MR. DIEHL moved that the Town go to informal bid to correct the Town leaks as shown by the Heath report. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Judy Crawford requesting permission to block off the lower half of Cindy Lane in Quiet Acres for a Block Party on September 8, 1979. MR. DIEHL moved that permission be given for this Block Party subject to barricades being put up to block off the street that can be easily moved in case of emergencies and that the Fire Company, Sloper Willen Ambulance and the Dutchess County Sheriff Department be notified of the day and time of this event. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Mr. Hawksley, Chairman of the Conservation Advisory Council requesting an increase in the pay scale of the secretary from $2.90 to $3.00 per hour. Mr. Diehl informed Mr. Hawksley that the Board had discussed this matter but felt this was not the time to increase the pay scale. They would certainly consider it at budget time, and asked him to make another request at that time. The following letter was received: July 5, 1979 Town Board -Town of Wappinger Town Hall -Mill Street Wappingers Falls, NY Dear Members of the Town Board: I have been receiving a number of inquiries as to installation of gasoline storage tanks on residential property and had to issue a permit for one (1) 2,000 gallon tank on Spook Hill Road, on July 3rd, 1979. Research by me, Jon Adams and the fire company inspectors revealed that very little control is available to us by the present Zoning Ordinance, Building Code or National Fire Codes. I feel this use in residential areas is hazardous and a moratorium should be placed on any further permits until such time as a satisfactory procedure can be developed. Very truly yours, s/ Hans R. Gunderud Building Inspector The following Ordinance was 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 483.81 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 portable containers having a capacity less than five gallons. Section 2. This Ordinance shall become effective as prescribed by Town Law Section 265. .02 MR. DIEHL moved to set a Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger Prohibiting Gasoline Storage Tanks in Residential Areas on July 30th, 1979 at 7:00 PM at Town Hall, Mill Street, Wappingers Falls, New York, at which time all interested persons will be heard. Seconded by Mrs. Reilly Motion Unanimously Carried Before this Ordinance was introduced there was considerable discussion on the floor regarding the issuance of a permit by the Building Inspector for the 2,000 gallon gasoline storage tank mentioned in his letter to the Board. Mrs. O'Malley asked if this resident was in a state of morator- ium or could he continue installing this storage tank. She was told this was legal, there was no law on the books that would prevent the Building Inspector from issuing the permit. She went on to say it was next to the gas line and Central Hudson told her it was extremely hazardous; she called her insurance agency and her insurance premium would be increased due to this action. Further Mrs. O'Malley stated that the zoning in that area was residential; this man owned a landscaping business and he was using the storage tank to fuel his trucks. Mr. Diehl directed Mr. Gunderud to check this out, also to check with Mr. Lehigh, Chief of New Hackensack Fire District, on the danger of the gas tank, referencing to the statement from Central Hudson. Jack Raio, 19 Dara Lane, being recognized by the Chair, asked if he could keep commercial trucks on his property since it was a residential area; in the summer months it was landscaping and in 14110 the winter months it was plowing. Mr. Gunderud would check out this statement regarding a business being conducted from the home and report back to the Board with his findings. 1 Under unfinished business, a report was received from Mr. Lapar, enclosing a map of the Castle Point Recreation Area showing no water front property owned by the Town. L 11.90 A report was received from Hans Gunderud, Building Inspector and Zoning Administrator responding to Mr. Lapar's Memo on place- ment of water meters. He felt that the suggested ideas of Mr. Lapar's were valid ones but were alread spelled out in the State Building Code and felt it may be "reduntant to add suggested items to the rules and regulations to water hook-ups at this time, since an inspector is required to enforce the New York State Code as well as the local rules". His last paragraph read "I feel the present format and content of the Rules and Regulations are due for a major revision and I, as well as William Horton, have input to make as to the total requirements to meet Town of Wappinger needs". MR. JENSEN moved that this memo be received and placed on file. Seconded by Mrs. Reilly. Motion Unanimously Carried Under unfinished business, Mr. Horton reported that no further work had been done on Brook Place in the Scofield Subdivision; last month he had recommended that Mr. Scofield be given thirty days to complete the agreed upon work. MR. DIEHL moved that the Attorney be instructed to take the necessary legal action to call the bond in the Scofield Subdivision at the expiration of the thirty days notice, if the work has not been completed. Seconded by Mr. Jensen Notion Unanimously Carried Mr. Ralph Leed had previously requested to hook-up to the Wildwood Sewer District and this request had been referred to the Health Department for approval. They granted permission for him to connect to the system subject to the Town approval. There was a question if he was in the district and if not, there were certain conditions he would have to agree to, and the Board needed further information. MR. JENSEN moved that this matter be tabled until further information was received from Mr. Lapar on the validity of the hook-up fee and the amount of this fee and the 0 & M charges for a tenant to the district. Seconded by Mrs. Mills Motion Unanimously Carried 194 Under new business, Mrs. Snowden informed the Board a petition had been received to reopen the Cranberry Hills Water Improvement Area by Atlas Water Company to the Department of Environmental Conservation. MR. JENSEN moved that this be referred to the Attorney for the appropriate action that would be necessary to answer this petition by July 25, 1979, Seconded by Mr. Johnson Motion Unanimously Carried MRS. MILLS moved to adjourn the meeting, seconded by Mr. Johnson and carried. The meeting adjourned at 9:34 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 7/9/79 r NEGATIVE DECLARATION OF ENVIRONMENTAL S_CNI= IC NCE 1 1 9 a The Town Board of the Town of Wappinger, New York, as lead agency for the proposed Comprehensive Zoning and Land Use Regulations project has caused this Environ- mental Assessment to be prepared, pursuant to the require- ments of the State Environmental Quality Review Act, Part 617 of the Environmental Conservation Law of the State of New York. Assessment of the potential environmental inpact of this project is based upon environmental criteria as out- lined in the State Environmental Quality Review Act. It is the determination of the Town Board of the Town of Wappinger that the proposed Comprehensive Zoning and Land Use Regulations will have no adverse i=pact on the environment and therefore this Negative Declaration of Environmental Significance, with the attached com entary and appendices is made and declared to be the tindings of the Town Board of the Town of Wappinger. Adopted by Resolution of the Town Boar of the Tom of Wappinger at a regular meeting on Jul-. 9. 1979. J 1196 The determination of the environmental impact resulting from the adoption of a comprehensive revised zoning ordinance and map must be made in the context of the many variables which attach to land use practices. At one end of the spectrum, land development and use, when vieT•:ed in the environmental context, could be wholly denied toprevent any impact on environmental elements. At the opposite end of the spectrum, land use could be unregulated, thereby creating a maximum potential for adverse impact upon environmental elements. Human needs and the promotion thereof require both the consideration of the environmental elements and the consideration of whether or not at times, such human needs may outweigh the preservation of environ- mental elements in their pristine state. Where development is inevitable, environmental considerations require that such development be permitted in a manner that will minimize environmental impact. Any zoning ordinance necessarily reflects the weighing of interest between development and preservation of the environment. A zoning ordinance which absolutely forbids development would be constitutionally suspect. Conversely, a zoning ordinance which failed to consider environmental elements would be equally suspect in teras of meeting legitimate environmental objectives. Consideration of land use proposals must also be made in the context of existing land use experiences within the municipality. Finally, any land use evaluation made in environmental 1 1 9 7 context to the extent that such evaluation attempts to project actual impact is inherently speculative, as the objective of such zoning ordinance is not to affirmatively cause growth, but to control the same. Whether or not such development will take place cannot be ascertained with any degree of reasonable certainty. Therefore, the ability to project actual impacts is diminished. Nevertheless, notwithstanding the foregoing constraints, a determination of no adverse environmental impact is made for the following reasons: 1. Commercial activity will be relegated to those areas which are presently heavily used. Commercial areas will not be expanded into areas of current low density land use, thus eliminating the impact of such co. Lercial activity to areas already experiencing high intensity views. Illustrative is the Route 9 corridor. 2. Low density residential zoning is generally prevelant in those areas adjacent to the Hudson River, thus minimizing the impact of any development upon the ecological system of the river. 3. Higher intensity residential development is limited to those areas generally served by municipal water and sewage facilities, thus minimizing the impact of such development on existing water tables and sub- surface waters. 4. Section 480 of the zoning ordinance makes provision for the control of obnoxious activities including but not limited to noise, vibrations, smoke, dust, toxic matters, 1198 traffic, and other activities that if left unregulated would adversely affect the quality of the environment. No comparable provisions are present in the existing zoning ordinance. 5. Provision is made for site plan review of all non- residential activities, empowering town agencies, as an incidence to development, to take into consideration environmental factors and considerations in regulating development of such sites. 6. Provision is made for special considerations which are attached to development of flood -prone areas. 7. Provision is made for designated residential develop- ment (Section 442) which development places priority upon considerations of preservation of environmental features. Such designated residential development is a floating zone permitted throughout the town. 1199 APPENDIX C LIST OF INVOLVED AGENCIES The Town Board of the Town of W'appinger is the sole agency involved in the funding or approval of this action. The proposed Comprehensive Zoning and Land Use Regulations document has been reviewed by the Commissioner of the Dutchess County Department of Planning, pursuant to Section 239-M of the General Municipal Law. This agency may only recommend changes or state objections to the proposed zoning ordinance, but does not fund or approve the project. Further, it has been ascertained that there are no other agencies involved in the funding or approval of this action. DETERMINATION OF NON -SIGNIFICANCE Based upon the determination of no significant effect on the environment of the proposed Comprehensive Zoning and Land Use Regulations, an Environmental Ilipac_ Statement will not be prepared. ENVIRONMENTAL CRITERIA DETERMINED NOT TO BE ADVERSELY AFFECTED BY THE PROPOSED COMPREHENSIVE ZONING AND LAND USE REGULATIONS The criteria listed below, considered to be indicators of potential significant effect on the environment, will not be adversely affected by enactment of the proposed Compre- hensive Zoning and Land Use Regulations. 1. A substantial increase in solid waste production. 2. The substantial interference with the movement of any resident or migratory fish or wildlife species. 3. Impacts on a significant habitat area. 4. Substantial adverse effects on a threatened or endangered species of animal or plant or the habitat of such a species. 5. The encouraging or attracting of a large number of people to a place or places for more than a few days compared to the number of people who would come to such place absent the action. 6. A major change in the use of either the quantity or type of energy. 7. The creation of a material demand for other actions which would result in one of the above consequences. The land use controls contained in the proposed Compre- hensive Zoning and Land Use Regulations Ordinance will, for each criterion listed, protect the environmental factors to a more significant degree than the existing zoning ordinance of the Town of Wappinger. EAF ENVIRONMENTAL ASSESSMENT - PAP': II Project Impacts and Their Macritude General Information (Read Carefully) -• In completing the form the reviewer should be guided by the questic7: -ave ::yy decisions and determinations been reasonable? The reviewer is not expected to be an expert envircr:-•ental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also nece7sarily significant. Any large effect must be evaluated in PART 3 to deterrne significance. By identifying an effect in column 2 simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshold of magnitude that would trigger a response ir, column 2. The example: are gereraily applicably throughout the LieState and for most situations. But, for any specific project or sit_ :cher examples and/cr lower thresholds may be more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the exam -?les have begin offered as guidace. They do not constitute an exhaustive list of impacts and thresholds to answer each question. - The number of examples per question does not indicate the importance of each question. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2 Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a cuestion then Check the appropriate box ^n 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any exp-ple provided, check colu-n 2. If impact will occur but threshold is lower than example, check c:'.-, 1. d. If reviewer has doubt aoout the size of the impact then consider _-e i -pact as :otentialiy larg= and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a c~a-;e in the croject to a less than large magnitude, place 3 Yes in column 3. A No response indicates tr'_t sS,Ch a ret'ucton is not possible. 1. 2 . 3. S!'% -_L TO POTENTiAL CAI IMPACT BE MODEPATE LARGE REDUCED BY iM?ACT IMPACT PROJECT CHANGE IMPACT ON LAND i) YES RILL THERE BE A'1 EFFECT AS A RESULT OF A PHYSICAL CHAtir;E TO CO PROJECT SITE? Exarples that Would Apply to Column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), cr where the general slopes in the project area exceed 100. Construction on Land where the death to the water table is less than 3 feet. rGnStractiOn of nav='.f nartiir'•q are, *or 1,.•nn ,r rare vehicles. CAritr,:c7.inn on lane ,.re' -e bedro0. is exnosed or .,r_'Trally withir 3 feet of eli,ting ground surface. Cons'_rictl n that 4.11 continue for more thAn 1 :?' or invo1. mpe than "ne nhac,! or Stan Excavation for .lUl'tt Vii'„ :l:,SeS tont:', would rer-n'•c' Hare than tons if r..'u 3i 'a"r' 1 i.e. rr..r. or .oil) per .-•dr. ;c••__r,,.tior of Construction in a designated floodway. Other impacts: ------------fig YES 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAN° FnRMs FOUND ON THE SITE? (i.e. cliffs, dunes, geological forma- tions, etc.) Specific land forms: IMPACT ON WATER NO YES 3. WILL PROJECT AFFECT ANY WATER BODY DESIGNATED AS O PROTECTED? (Under Articles 15, 24, 25 of the Envir- onmental Conservation Law, E.C.L.) ExaToles that Mould Apply to Column 2 Dredging more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON -PROTECTED EXISTING. OR NFI•! NO Y EODY OF NATER? Examples that Would Apply to Column 2 A 10`l increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other ir:pacts: NO YES WILL PROJECT AFFECT SURFACE. OR GROU'IDWATER DUALITY? Examples that !•'culd Apply to Column 2 Project will re^.uire a discharge permit. Project requires use of a source of water that does not have approval to serve proposed project. Project requires water supply from wells with nreater than i5 gallons per minute pumping capacity. Construction or operation causing any contamination of a public water supply system. Project will ad,ersely affect grnundwater. Liquid efficent will be conveyed off the site to facilities w'ich presently do not e,cist or have inadequate capacity. Project reeuirirg a facility that would use water in excess of ?",nT,O Gallons per day. Projact will 1 .el; rause siltation ur other ,±I. har,;e into an exis:ir; Co!v of water to the extent that there will he en...,.,s .isual contrast to natural corjitions - 120 1 2. 3. TIAL CAN I !'ACT OE L""SE REDUCED sY i' 'CT PROJECT C'A GE Other Impacts: 6. ,TILL PROJECT ALTER DRAINAGE FLOu, PATTERNS OR SURFACE !TATER NO YES RUNOFF? 00 Example that ':ould A.nply to Column 2 Project would impede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: FACT ')N AIR YES 7. WILL PROJECT AFFECT AIR QUALITY') 0 0 Fxtmples that Would Apply to Column 2 Project will induce 1,000 or more vehicle trips in any given hour. Project will result in the incineration of more than 1 ton of refuse per hour. Project emission rate of all contaminants will exceed 5 lbs. Per hour or a heat source producing more than 10 million BTU's per hour. Other lmoacts: N P ANT A!' • NO YES 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? 0 0 Examples that Would Apply to Column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wild- life habitat. Application of Pesticide or herbicide over more than twice a near other thin forr.7y'cJltur31 purposes. 0t'ier impacts: 9. WILL PROJECT SUBSTANTIALLY AFFECT HON -THREATENED OR ENDANGERED SPECIES? Example that Would Apply to Column 2 Project would substantially interfere with art.!, resident or migratory fish or wildlife species. Project recjires the removal of more than 19 acres of mature forest (over 109 ye)rs in ane) or otner 1•.cally important vegetation. -7- NO Y E S 1. 2.. 3 1 2 0 2 S".A'-L TO POTENTIAL CAN IMPACT BE 11JE rTE LARGE REDUCED CY I"PACT PROJECT CHANGE it,14 I''nACT C'. :'IS''4L RESOt!RC E 10. t!ILL.THE PROJECT AFrECT VIEWS, VISTAS OR TIF V!SI$AL CHARACTER OF THE NrIG!IB')Rir.?00 OR COriNITv? Example: that Mould Apply to Column 2 An incompatible visual affect caused by the introeuction of new materials, colors and/or forams in contrast to the surroundinn landscape. A project easily visible, not easily screened,that is obviously different from ethers around it. Project will result in the elimination or major screening of scenic views or vistas known to be important to the area. Other impacts: IMPACT ON HISTORIC RESOURCES NO YEc 00 11. WILL PROJECT IMPACT ANY SITE OR STRUCTURE OF HISTORIC, NO YES PRE-HISTnDIC nR PALEO!iTOtICAL II'.POPTANCE? ® 0 Examples that Would Apply to Column 2 Project occurino wholly or partially within or continuous to any facility or site listed on the National Renister of historic places. Any impact to an archeological site or fossil bed located within the project site. Other impacts: IIPACT ON OPEN SPACE & RECREATION 12. WILL THE PROJECT AFFECT THE OUANTITY OR QUALITY OF EXISTING NO YES OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTU'IITIES' Examples that Would Apply to Column 2 00 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON TRANSPORTATION 13. !'ILL THERE BE AN EFFECT TO EXISTING TRANSPORTATION SYSTE}AS? Examples that Would Ar>ply to Column 2 Alteration of present patterns of movement of neople and/or goods. Project will result in severe traffic nroblers. ithnr NO YES 00 1. Z. 3. S".;.LL _i ,., C. IT:'=; -r ?_ ;C'H _ _ u _E PECUCE' 1 -- PROJECT C.;'.:_ 12O 3I IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR ENERGY SUPPLY? Examples that Would Apply to Column 2 Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two fa,-ily residences. Other impacts: NO YES 00 IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....V 0 Examples that Would Apply to Column 2 Blasting within 1,50D feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per.dav). Project will produce operating noise exceedinn the • local ambient noise levels for noise outside of structures. Project will remove natural barriers that would act as a noise screen. Other impacts: 1, It'PACT 0`: HEALTH & HAZARDS !JILL PROJECT AFFECT FUSLIC HEALTH AND SAFETY? Examples that Would Apply to Column 2 NO YES 0 0 Project will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or unset conditions, or there will he a chronic lot•' level discharge or emission. Project that will result in the burial of "hazardous wastes" (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., includinn wastes that are solid, semi-solid, liquid or contain gases.) Storaoe facilities for ore million or more gallons of liquified natural gas or ot',;:r linuids. Other i:T.a_ts. 1204 . P^.TE'1Ti?L C:,a "; .:"C P„ T CE OJ=r-TE LA GE RE:,J . 0 3Y I"rACT I';PACT PROJECT CHANGE r � IH?ACT ON GRn;TN ANO Clil.'t TER OF C)'V!U NITY OR rJElr,!'R'1RHfOD 17. WILL PROJECT AFFECT THE CHAPACTER nF THE EXISTING COMMUNiTY? Example that Would A.poly to Column 2 The population of the City, Town or Village in which the project is located is likely to grow by more than 5; of resident human population. The municipal budgets for capital expenditures or opera- ting services will increase by more than 5% per year as a result of this project. Will involve any permanent facility of a non-agricultural use in an agricultural district or remove nrime agricultural lands from cultivation. The project will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an ir.;portant precedent for future projects. Project will relocate 15 or more employees in one or more businesses. Other ivioacts: 13, IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? Examples that Would Apply to Column 2 Either government or citizens of adjacent coTriu-ities have expressed opposition or rejected the project or have not been contacted. Objections to the nroject from within the community. NO {ES NO l'ENT1 AL - CAf, IMPACT '5E -CE?'-= LARGE REDUCED DY 1 pA.C' !!1DACT PROJECT CHAP E" IF ANY ACTION 1`; PART 2 IS IDENT1FIEJ AS A POTENTIAL LARGE IP'PACT OR IF YOU CAN';:T vET=`+.INE THE MAGrNITUDE OF IMPACT, PROCEED TO PART 3. DETERMINATION Upon review of the information recorded on this EAF (Parts 1, 2 and 3) and considering both the magnitude and imoortance of each impact, it is reasonably determined that: PORT!; S OF EAF CG ?LETED FOR THIS PROJECT: PRT ! T !I PART 3 A. The project will result in no major impacts and, therefore, is one which may not cause significant damage to the environrent. gX x;De ..!x7xNixplgtcim xxxRRAN4,r-v XXXXIM xs XXX' XX'XXXXNXX W '+ XXXXXXXXXXXXXXXX {XXXx XXXRXSF: WXXXiil: X X X;'n`XNlirYX XXXit'xXML'X<S Xr ratJul. r -:.r'.-._ P, NEG;.TIVE DECLARATION i54}i:xxxxJt X.ai'sCxxixxmmXXXti:A xxxxx xxxxxxxxxxxxxxxx sigrfature of Prr r if d' erent from resnensrr,le officer) Jon Ho _ eel ams , Esq.. i Sign : c= ?�sponsib)e Official in Lead Agency Louis D. Diehl. Supervisor -r- -e ,s -e of responsible official