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1978-06-15 SPM773 A Special Meeting of the Town Board of the Town of Wappinger was held on June 15, 1978, at the Town Hall, Mill Street, Wappingers Falls, New York. Notice of said meeting was mailed to each Board member on June 9, 1978 calling the meeting for 9:00 P.M. on June 15, 1978 for the purpose of considering the Matter of an Ordinance to Amend the Zoning Ordinance of the Town of Wappinger Amending Section 424 of this Ordinance & An Ordinance Amending the Zoning Map of the Town of Wappinger deleting zoning classification of HB2 to SC and any other buisiness that may properly come before the Board. Notices were also given of said meeting to the Poughkeepsie Journal, Southern Dutchess News (W&SD News), and the Beacon Evening News, and Radio Stations WBNR, WHPN, WEOK, and WKIP, and a notice was posted on the Town Clerk's Bulletin Board on June 9, 1978. Supervisor Diehl called the meeting to order at 9:00 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney A Public Hearing having been held on June 15, 1978 on an Ordinance to Amend the Zoning Ordinance of the Town of Wappinger, the matter was now placed before the Board for their consideration. The following resolution was moved by Supervisor DIEHL: AT A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ON JUNE 15, 1978 WHEREAS a motion was made at a prior meeting of the Town Board of the Town of Wappinger that the attached amendment to the Zoning Ordinance 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 zoning ordinance was referred to the Dutchess County Planning Defilartment, and WHEREAS by letter dated the 13th day of June, 1978 the Dutchess County Planning Department has recommended disapproval of the amendment, and WHEREAS a motion has been made that the zoning ordinanee be amended as provided in the text attached hereto, 774 NOW, THEREFORE BE IT RESOLVED that the zoning ordinance be amended as provided in the text attached hereto, BE IT FURTHER RESOLVED that pursuant to the provision of General Municipal Law Section 239-m approval to the said amend- ment is approved for the following reasons: ONE: That the present provision of the zoning ordinance allowing shopping centers only on parcels of 30 or more acres is unduly restrictive, as it does not permit or allow construction of community or neighborhood shopping centers on smaller parcels of land suitable for such development. TWO: The economic and tax base of the town will be improved by providing for more flexible development of shopping centers. THREE: There is only one shopping center within the Town of Wappirlger notwithstanding the presence of a significant pop- ulation density, Need for more shopping centers exist. FOUR: The letter of the Dutchess County Planning Department recognized the need for and desirability of community -type shopping centers. Its disapproval is premised upon an erroneous factual premise, namely that the economic base of the community could be eroded by additional shopping centers. Such fails to recognize that within the town of Wappinger there is only one sl -hopping center and the same is a non -conforming use. FIVE: That notwithstanding the large suburban population of then :town}y inadequate' provision has been made on the town zoning ordinance for multi=unit commercial development on a single parcel of land. The foregoing resolution was moved by Supervisor DIEHL and seconded by Councilman JOHNSON DATED: June 15, 1978 Motion Unanimously Carried The following Ordinance was introduced by Supervisor DIEHL who moved its adoption: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER Introduced by Supervisor DIEHL Be it ordained by the Town Board of the Town of Wappinger as follows: Section 424 of the Zoning Ordinance of the Town of Wappinger duly adopted on January 29, 1963 is amended as follows: Section One: The minimum 30 -acre lot area requirement under category SC Business is deleted and substituted in its place shall be the minimum lot area requirement of 10 acres. Section Two: This ordinance shall take effect upon adoption, posting and publication. Dated: May 15, 1978 Seconded: Councilman JENSEN Motion Unanimously Carried 775 A Public Hearing having been held on June 15, 1978 on an Ordinance Amending the Zoning map of the Town of Wappinger, the matter was now placed before the Board for their consideration. The following resolution was moved by Councilman JOHNSON: AT A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ON JUNE 15, 1978 WHEREAS, a motion was made at a prior meeting of the Town Board of the Town of Wappinger that the attached amendment to the zoning map be introduced and that a public hearing be held thereon, and WHEREAS pursuant to Section 239-m of the General Municipal Law, thh proposed amendment to the map was referred to the Dutchess County Planning Department, and WHEREAS by letter dated the 13th day of June, 1978 the Dutchess County Planning Department has recommended disapproval of the amendment,and WHEREAS a motion has been made that the zoning map be amended as provided in the attached resolution, NOW, THEREFORE, BE IT RESOLVED that the zoning map amendment as attached hereto be wee is hereby adopted, and BE IT FURTHER RESOLVED that pursuant to the provision of General Municipal Law Section 239-m approval to the said amendment is granted for the following reasons: ONE: That the land proposed to be rezoned is contiguous to lands presently zoned for shopping center use but which have not yet been developed for such use: TWO: That the land rezoned is presently zoned for commercial uses, and the rezoning will be consistent with the said use and permit multiple commercial use on one parcel. THREE: That the land rezoned is situated on heavily travelled traffic arteries and is well located for such use. FOUR: That the land rezoned has remained undeveloped for many years and there are indications that the rezoning will lead to immediate development thereby improving the economic and tax base of the town. FIVE: That the land rezoned will facilitate development of shopping centers, none of which are located within the town presently. SIX: That notwithstanding the large suburban population of the town, inadequate provision has been made on the town zoning map for multi -unit commercial development on a single parcel of land. SEVEN: That the land rezoned is within a heavily developed commercial zone and rezoning will not have an adverse effect on surrounding lands. EIGHT: Thtt the rezoning will concentrate shopping center use in existing high intensity commercial areas. The foregoing resolution was moved by Councilman JOHNSON and seconded by Councilwoman REILLY. Dated June 15, 1978 Motion Unanimously Carried 776 The following ordinance was introduced by Councilman JOHNSON who moved its adoption: AN ORDINANCE TO AMEND THE ZONING MAP OF THE TOWN OF WAPPINGER Intoduced by Councilman JOHNSON Be it ordained by the Town Board of the Town of Wappinger as follows: The Zoning Map of the Town of Wappinger duly adopted on January 29, 1963 is amended as follows: Section One: The zoning classification of "HB2" for that area bounded on the west by Route 9, on the south by Meyers Corners Road and containing all the lands of Astarita, Babcock, Central Valley Concrete and Niessen contiguous to either said Route 9 or Meyers Corners Road is deleted and substituted in its place is the zoning classification "SC". Section Two: This ordinance shall take effect upon adoption posting and publication. Dated: May 15, 1978 Seconded by Councilwoman REILLY Motion Unanimously Carried A request was received from Mr. Logan, Assessor to attend a Seminar at Cornell University from June 25 to June 30, 1978. MR. JOHNSON moved that permission be granted to Mr. Logan to attend the Seminar at Cornell University from June 25 to June 30, 1978 and all legitmate expenses be a town charge with the condition that the town policy of allowing one overnight con- ference per year per person be adhered to. Seconded by Mrs. Reilly. Motion Unanimously Carried MRS. MILLS moved to adjourn the meeting, seconded by Mr. Johnson and unanimously carried. The meeting adjourned at 9:06 P.M. Spl.Meeting-June 15,1978 73-444,(Ak'A ak-OkAikA.. Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on June 15, 1978 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance to Amend the Zoning Ordinance of the Town of Wappinger, (SC 30 acre to 10 acres). Supervisor Diehl opened the Hearing at 7:10 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 The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. Newspapers and radio stations had been notified. Notification was sent to the Towns of Poughkeepsie, Fishkill, East Fishkill, LaGrange, Lloyd and the Village of Wappingers Falls. Notice was posted on the Town Clerk's Bulletin Board. Recommendations werereceived from the Dutchess County Department of Planning and the Town of Wappinger Planning Board. Both recom- mended against this Ordinance. The following letter was read: June 13, 1978 Louis D. Diehl, Town Supervisor Town of Wappinger Mill Street Wappingers Falls, New York Re: Ordinance Amending SC Business District Dear Mr. Diehl: We have reviewed the letter of the Planning Board dated June 6, 1978, objecting to the "blank change" of the acreage requirements for the SC district from 30 acres to 10 acres. Under the provisions of Article VI of the Zoning Ordinance, the negative response from the Planning Board requires that the proposed zoning amendments be passed by at least two-thirds vote of the Town Board to be effective. While the considerations which lead to the objection appeared to be those of a planning nature, I would note that any shopping center would be subject to the site plan requirement of the zoning ordinance, such review would presumably take into account and re- quire adequate provision for road systems, connector roads if necessary, suitable setbacks, and appropriate provision for traffic control. These considerations would require a more limited develop- ment on a smaller parcel. The reduction in size of the minimum acre 762 requirement does not necessitate that upon site plan review, these considerations be minimized or given any less weight in terms of the proposed development of the site than they would on a larger site. I would also note that it is my understanding that the impetus for this amendment is also attributalbe to the fact that under our zoning ordinance as presently constituted, azo owner of any sizeable area of land would not be permitted to have more than one principal use for his parcel without becoming a shopping center. It is my understanding that theimpetus for the shopping center district reduction is attributable to this situation, with the objective being to permit more than one retail outlet on a parcel, subject to the appropriate planning considerations that would apply upon site plan review. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams Supervisor Diehl asked if anyone wished to speak for or against this change. Mr. Albert Roberts, Attorney with the firm of Rosen, Crane and Wolfson, represented the Myers Corners Development Corp. and the proposed developer of the subject site. The proposed change would affect this site and one other area in the Town of Wappinger. This would be an attractive site and would bring tax revenues to the Town. He asked the Board to consider this change carefully and hoped for a postive vote. George Angels, 72 Pye Lane - the Town of Wappinger needs a broader tax base to carry the Town and a shopping center would be helpful. Herman Osten, Old Hopewell Road-- recently got a raise in assessment. At the present time he is paying $55.00 per week for taxes, the new assessment will raise this 65%. An increase in commercial taxes and putting this SC in will help keep taxes down, he was, therefore, in favor of this Ordinance. Vincent Brancato, Lake Oniad Drive --he had received a call from Van Cunningham today, attorney from VEndeWater and VandeWater's Office who :;represents Central Valley and asked him to indicate at tonight's hearing they were in favor of this Ordinance, also his client has been a substantial taxpayer in this Town for a number of years and hoped this would be taken into consideration, plus the fact that the area to be rezoned has been lying dormant for quite awhile and ha$ been used for dumping. His client, Central Valley, was in favor of the Ordinance. Speaking for himself, Mr. Brancato said he had been advocating development on Route 9 for X63 fifteen years and it would be foolhardy if this was turned down. The firm applying is a wholly-owned subsidiary and a family oriented group, they are willing to do a fine job and hope the Board acts favorably on this. They will render a service to the public, provide our area with jobs and last, but not least, they will contribute considerably to our tax base. Since there were two public hearings on this night, one changing the SC requirement from 30 acres to 10 acres, the other followed kof and was on rezoning a parcel from HB2 to SC in a specific area, L the public was speaking on the specific rezoning, not the change requirement. Since the two were related, Mr. Diehl did not limit the public to the subject hearing. Norman Nussbickel, President of the Wappingers Falls Chamber of Commerce, represented the Chamber, agreed with the former speakers that we do need more of a tax base in this Town - there is no reason why this should be turned down - it should be given serious consideration. Mrs. Zak, Dorothy Heights spoke against the Ordinance. Most of the people present were businessmen, but she was speaking as a homeowner. She has been in this home twenty years when it was quiet and rural. She invited anyone to visit the area and listen to the noise from Imperial Plaza. She didn't feel they needed more shopping centers. Traffic is bad, on Saturday you just don't get out. There should be some consideration for the homeowner when they take action on this. Shirley Poillucci - lives on a major highway, realize that is where businesses should be and she is in favor of this. Robert Levine, Director of Architecture and Design for Myers Corners Development Corp, stated that they propose an orderly development, unlike Imperial Plaza, orderly flow of traffic, anchored by two 1110 major tenants, will provide numerous jobs for all range age groups, supermarket will provide jobs for high school students on part time basis. The center will be residential in appearance - they will do whatever they can to accommodate the community and abide by require- ments. Michael Hirkala--agrees with this type of zoning but would like the Board to consider the past. There was a proposal for this type of SC, a portion of a larger parcel and at the time the Planning Board 764 had difficulty coming to an agreement with the developer regarding traffic control. There was supposed to be an access road and a service road. While he does not disagree, he can't help but wonder why not do it in theproposed Zoning Ordinance, rewrite the HB zone. Is this a "spot -shot? The Town has to protect itself in the future since this is what has been happening in the past. He feels they should go by the overall plan, not just one rezoning, then another and so on. Jonah Sherman - it has been mentioned that this Ordinance would apply to two parcels in the Town. Is this true? He was told there are only two SC areas in the Town and the Ordinance would apply to these two. Based on this and based on the fact that there has to be realism, business people cannot wait indefinitely for us to change our zoning laws and although he is opposed to the spot zoning technique method for this change, it would seem appro- priate for the location for this type of business. So, in essence, he is in favor of it. Mr. Hirkala felt that while there were only two parcels now in that category, this could change, even tomorrow. He was reminded that each change must come in front of the Board. Don Keller, member of the Town Planning Board, remarked that they had received a referral from the Town Board on this change and they felt it could be handled by a variance and they acted negatively be- cause of this fact -- assuming it could go to the Zoning Board of Appeals. If he had realized this, he would have voted differently. Don McMillen, member of the Zoning Board was in favor of this change because the Town needs it. Zoning changes are needed to accommodate business people. We have to make changes, keep up to date. The new trend is toward small shopping centers. Make the change, have a "mini -mall" in the Town, maybe even a few more, you can still have restrictions, control it at Town level so we do not get saturated. Our Town can be both a bedroom community and a business community. Presently it's 92% bedroom and 8% business - not enough, balance it more. Mrs. Zak - now it looks good to you - that's what the Village thought when Imperial Plaza went in, but take a walk and look at the empty stores. You talk about a good tax base, but the Village hasn't been paid taxes by the Plaza in years. iG5 Don McMillen - if you do nothing, you have nothing. You can re- possess and sell if taxes aren't paid. Because a store is empty is not a total loss. Janet Hirkala - she would be for this Ordinance if you can give her Saks, Altmans or Bloomingdales, she's sick and tired of junk stores. Mr. Levine - this will be a quality center, it will be maintained in proper fashion, you don't have to worry about anyone going out `r of business or unpaid taxes Mr. Brancato - nature of the breed is not a high class shopping 1111, center, but something that is needed like a super market that would be highly competitive and would hold prices down. No one else spoke. Mr. Jensen moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 7:40 P.M. acaoak„, Elaine H. Snowden Town Clerk kw TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE TO AMEND 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 766 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 May 31, 1978, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance to Amend the Zoning Ordinance of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of theTown of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of tJ 1..SA k. _ 1978. �v titiutaxf / Notary Public CFN, Elaine H. Snowden Town Clerk Town of Wappinger s� DONALD G. BUCK Naar FoSI': ut tiers York Stito HesW:up Outchesa County Commission expires Murch 30, 181'0 767 W. and 5. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS • PLEASE TAKE NOTICE than the - Town Board of the Town of Wappinger will conduct a public hearing on June 15,- 1978 at 7:00 P.M. EDST at Town Halt - Mill Street, Wappingers Falls, New York on, an Ordinance to Amend the Zoning Ordinance of the Town of Wappinger as follows: AN ORDINANCE TO AMEND T- TOWNONINGFWAPPINGERRDINANCE FTME. Introduced by Supervisor Diehl ' Be it ordained by the Town Board of the Town of Wappinger as follows: ` Section 424 of the Zoning Ordinance of the Town of Wappinger- duly adopted on.1 January 29. 1963 is amended as follows: Section One: The minimum 30 -acre lot area requirement under category SC Business is deleted and substituted in its place shall -be the minimum lot area requirement of 10 acres. Section Two: This ordinance shall take effect upon adoption, posting and publication: Dated: May h. 1978 Seconded: Councilman Jense% Roll Call Vote: 5 Ayes Gladys Ruit Deputy Town Clerk Town of Wappinger Dated: May 25. 1978 / AFFIDAVIT OP PUBLICATION State of New York. County of Dutcheu. Town of Wappinger. �Y. ♦ tr:LGe..Qtall of the Town of Wappinger. Dutcheu County, New Yak. being duly swan. says that he is. and *t the several times hereinafter was. the .Gs..4.1u13 j.kshat W. & S.D. NEWS. a newspaper printed and published every Thursday 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 ....iD:.e.... week succeuively... cane C.. in each week. commencing on the 31st..day of....r.y 197.8 and on the following dates thereafter. namely on and ending on the....3ist.day of 197.8 both days inclusive. E_vi r r� • a/ -moi Subscribed and sworn to before me this 312t ....day of .Nay 19..7 8 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE CF GEW YORK QUALT1ED IN lj! la;E.SS C3UNTY 414-3240763 a t> COMMISSION E: ?iRES 11AflCH 7138 A Public Hearing was held by the Town Board of the Town of Wappinger on June 15, 1978 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance to Amend the Zoning Map of the Town of Wappinger (HB2 to SC Myers Corners Area). Supervisor Diehl opened the Hearing at 7:41 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 Holden Adams, Attorney The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. Notices had been sent to newspapers and radio stations. The Village of Wappingers Falls had been notified of this Hearing. Referral had been received from the Dutchess County Planning which recommended against the rezoning. The Town of Wappinger Planning Board recommendation was in favor of the rezoning. The following letter was received: June 13, 1978 Re: Public Hearing rezoning Route 9 Meyers Corners Road Gentlemen: The undersigned is a son of Elsie Astarita, deceased, who owned a parcel of 11.9 acres from 1937 to 1968. Elsie Astarita passed away in December 1968 and the estate is now the owner of 4.37 acres on the easterly side of Route 9 and has been paying taxes on this vacant land for ten years. I regret that I am unable to attend the meeting on the evening of Thursday, June 15. However as an owner and taxpayer I am heartily in favor of rezoning the area in question, namely the easterly side of route 9, for a commercial and retail complex. I believe such rezoning will represent a significent increase in the tax base of the town and will benefit all the resident tax payers of the town, plus the town itself. I respectfully request that the proposed rezoning to commercial business and retail use be approved. Very truly yours, s/ Rafael Astarita, co-executor with my brother Raymond Astarita of the estate of Elsie Astarita. 769 P.S. This letter has been read to my brother and has his complete approval. Albert Roberts, member of the firm of Rosen, Crane and Wolfson, representing the proposed developers, Myers Corners Development Corp. stated that he is a resident of the Town and lives about 1 to 11 miles from this major tenants, but firm's name. They proposed development, further that there are two at this time he is not at liberty to disclose the are quality tenants and will bring to the com- munity a substantial increase in tax revenue, jobs for our high school and college age students and will be developed in complete accord with zoning regulations. He was enthused about the project and hoped the Board would consider it favorably. Vincent Brancato spoke on behalf of Van Cunningham who represented Central Valley, and respectfully requested the Town Board to rezone this parcel from HB2 to SC. Don McMillen --he was all for this rezoning. Show people that the Town of Wappinger is interested in business; this 10 acre parcel is presently paying very little taxes to our Town, make it into a good tax base and a good taxpayer. This particular parcel has been dead, let them develop it and make it look decent. The County Planning Board may be against it, but it doesn't affect them, we have to make decisions to benefit our tax base. Shirley Poillucci--if we don't have business zoning on our major highway, we're going to lose out. We have centers to the north and south of us, but our Town has nothing. Fishkill has centers along Route 9, why are they against ours. (a letter had been received from Ronald Brown, Chairman of the Town of Fishkill Planning Board recommending against the rezoning as follows): June 14, 1978 Mrs. Elaine H. Snowden, Town Clerk Town of Wappinger Wappingers Falls, New York Dear Mrs. Snowden: This letter is in response to your letter of May 25, 1978 giving the Town of Fishkill notice of the Town Board's intention to amend Section 424 of the Town of Wappinger's Zoning Ordinance. We respect- fully request that this letter be read at the public hearing to be held on June 15, 1978. In our opinion, the proposed amendment is Town of Wappinger's Town Development Plan the area in which the Shopping Center (SC) inconsistent with the (1974), which designates District is located as 770 "Regional Shopping". Decreasing the minimum lot area of the SC District from 30 to 10 acres will result in smaller Shopping Centers which will not be large enough to support commercial establishments of the Regional variety; and will result in a less holistic design of the District in question. Respectfully yours, s/ Ronald C. Brown, Chairman Town of Fishkill Planning Board Angel Caballero, Ervin Drive --in agreement with rezoning this area. He is involved in building and just took an order for a laundromat in Fishkill, he would rather have seen this in Wappinger. Joseph Manadi, Cady Lane --at the present time, this parcel is an eye sore and bringing in very little taxes --use it, get the benefit from it, in favor of this rezoning, it would benefit the community, Mrs. Zak --must the area be zoned for SC, what about offices or professional offices. Shirley Ranieri - she has a business in Wappingers Falls, there are few of them and as for doctors, we can't get doctors in the area, we need a lot more business, it's about time we got some. Mike Hirkala - more consideration should be given to long range planning; not just for today, the hell with tomorrow. Don McMillen - long range planning is in effect if we open up mini shopping centers. This is long range, it's nothing but a plus for the Town, with no burden attached. Services will have to be rendered by the State, not the Town. No one else spoke. Mr. Jensen moved to close the Public Hearing, seconded by Mrs. Reilly and carried. The Hearing closed at 7:54 P.M. Elaine H. Snowden Town Clerk' DISPLAY ADVERTISING an _ 5. NEWS ti~ 4• CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS PLEASE TAKE NOTICE that •the Town Board of the Town of Wappinger will conduct a public hearing on June 15, 1978 at 7:00 P.M. EDST at the Town Hall, Mill Street, Wappingers Falls, New York on en Ordinance to Amend the Zoning Map of the Town of Wappinger as follows: AN ORDINANCE TO AMEND THE ZONING MAP OF THE TOWN OF WAPPINGER l.:troduced by Councilman Johnson Be it ordained by the Town Board of the Town of Wappinger as follows: The Zoning Map of the Town of Wappinger duly adopted on January 29, 1963 is amended as follows: Section One: The zoning classification of "H B2" for , that area bounded on the west by Route, 9, on the south by Meyers Corners Road and containing all the lands of Astarita, Babcock, Central Valley Concrete and Nielsen contiguous t0 either said Route 9 or Meyers Corners Road is deleted and substituted in its place is the zoning classification "SC." Section Two: This ordinance shall take effect upon adoption, posting and publication. Dated: May 15, 1978 Seconded: 'Councilwoman Reilly Roll Call Vote: 5 Ayes Dated: May 23, 1978 Gladys Ruit -Deputy Town Clerk Town of Wappinger AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess. Town of Wappinger. Beatrice Osten 771 of the Town of Wappinger. Dutchess County, New York. being duly sworn. says that he is, and it the several times hereinafter was. theCo-Editor-Published W. & S.D. NEWS, a newspaper printed and published every Thursday 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 week succeuively onq g.. in each week. -- commencing on the 31st day of May 197.9 and on the. following dates thereafter. namely on and ending on the 31st day of 1978 both days inclusive. May Subscribed and sworn to before me this.... day of Y t97$ My commission expires Notary Public p,__E=RT M. OSTEN ? c; rV-521 HG"�, JU STY Cutttt;SSlu3 LXPt LS 6.1AaCH 30,19.) I, • TOWN BOARD: TOWN OF WAPPINGER DUTCHESS- COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE TO AMEND THE ZONING MAP OF THE TOWN OF WAPPINGER says: AFFIDAVIT OF POS TING 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 May 31, 1978, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance to Amend the Zoning Map 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, Town of Wappinger, Dutchess County, New York. Sworn to before day of 7,) (, &J Notary Public me this J S 1978. L 7:::NAD , GUC^l .. eft Y cw N ��t � •��n►. Elaine H. Snowden Town Clerk Town of Wappinger