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1976-09-14 SPM3 0 8 A Special Meeting of, the Town Board of the Town of Wappinger was held on September 14, 1976, at the Wappingers Jr. High School, Remsen Avenue, Wappingers Falls, New York. Notice of said meeting was mailed to each Board member on September 8, 1976, calling the meeting for 9:00 P.M. September 14, 1976, at theWappingers Jr. High School, Remsen Avenue, Wappingers Falls, New York for the purpose of considering action on the proposed Zoning Ordinance Amendments, and any other business that may properly come before the Board. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Jon Adams, representing Allan Rappleyea, Attorney to the Town Supervisor Diehl called the meeting .to order at 10:10 P.M. A Public Hearing having been duly held on September 14, 1976 on the proposed Amendments to the Zoning Ordinance of,the Town of Wappinger, the matter was placed before the Board for their consideration. The following Resolution was offered by SUPERVISOR DIEHL, who moved its adoption: WHEREAS, the Town of Wappinger has prepared a Comprehensive Amendment to its Zoning Ordinance, as hereinafter identified, and; WHEREAS, several Public Hearings have been held upon said Amendments, and the proposed Amendments have been amended from time to time, and; A . WHEREAS, the Town Board of the Town of Wappinger did duly call a Public Hearing for September 14th, 1976, at which time several persons were heard with respect to said Amendments to the Zoning:Ordinance, and; , '1, 9 WHEREAS, the Town of Wappinger did receive under date of September lst, 1976 a recommendation from the Dutchess County Department of -Planning, and; WHEREAS, said communication contained recommendations concerning the proposed Amended Zoning Map, and; WHEREAS, said communication recommended disapproval of commercial zones along Route 9 and Route 9D, and; WHEREAS, said communication makes certain other recommenda- tions; NOW THEREFORE BE IT RESOLVED that the proposed Amendment to the Zoning Ordinance entitled "Proposed Zoning Ordinance, revised August 1976" prepared with the assistance of Frederick P. Clark Associates, is hereby adopted; and BE IT FURTHER RESOLVED that in Paragraphs 411.5 and 411.6 reference should read "Section 460" instead of "Section 445"; and BE IT FURTHER RESOLVED that Section 429 is to read as follows: "Section 429. Special Use Permits. The Town Board, notwithstanding any language to the contrary found elsewhere in this Ordinance, or its accompanying Zoning Map and Schedules, shall retain and shall be the issuing body for all Special Use Permits for any principle recreational or similar use permits under the Ordinance, and all applications for such permits shall be made as provided in Sections 431 through 439, which shall govern procedural steps to be followed in obtaining said permits". AND, BE IT FURTHER RESOLVED that the portion of the Depart- ment of Planning negative recommendations with respect to said Zoning Amendments are rejected for the following reasons that the Town Board.of the Town of Wappinger finds, as follows: 1. That the portion of Route 9 that are zoned Highway Business are appropriate to that use; 2. That the portions of Route 9 zoned Neighborhood Business are appropriate to that use; that the Permitted Uses in Commercial Districts and Highway Business uses have been reviewed and found by the Town Board to be appropriate to the actual needs of the community; 3. That in Residential Districts recreational uses are necessary and should not be limited; 4. That places of amusement and recreation in Airport Industry and Planned Industry Zones is an appropriate use therein, with a Special Permit; 5. That the Planned Industry Zones off All Angels Road and Myers Corners Road are appropriate uses therein, and form the basis for the tax base in the Town; 6. That the Planned Unit Development District pro- visions are appropriate for the needs of the Town of Wappinger. Seconded by Mr. Clausen 3 Upon discussion discussion of the Resolution, Mr. Jensen stated that, "before we act tonight, we have had Public Hearings on this, and tonight, and some of the information has been the same as received before, and some areas have been new. I am not prepared, at this time, to vote "Aye" for the Ordinance. And, as you probably know, it has been my policy in the past not to abstain from any issue. And, my understanding is that if I were to abstain tonight, it would be an automatic defeat for the resolution, Therefore, I 01110 will be compelled to vote "No". Yet, I feel that I need more time to look into the Ordinance, although it's been badgered about, and it's been going on for several years. But, there is obviously -- we've been going full circle, a full pendulem swing, in the other direction. So, if you, Supervisor Diehl, or Mr. Clausen, will not remove your motion to pass the Ordinance, I'll have to vote "Nay"." Supervisor Diehl stated that "on that basis, rather than have a "No" vote, I will withdraw my motion to adopt this, and I will ask Mr. Clausen to do the same". Mr. Clausen withdrew his second. Supervisor Diehl indicated he would re -introduce it again at the September 27, 1976 Board meeting. Mr. Diehl, stating that having appointed Frank Cuccia as Bookkeeper to the Supervisor, a salary must be established. MR. DIEHL moved that the salary for Frank Cuccia be $6,500.00 annually. Seconded by Mr. Clausen. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Aye Motion Duly Adopted r ' There being no other business to come before the Board, Super- visor Diehl entertained a motion to adjourn. MR. JENSEN moved the meeting be adjourned, seconded by Mr. Johnson and unanimously carried. The meeting adjourned at 10:19 P.M. qui.u2A-J1cL., Elaine H. Snowden Town Clerk Spi. Mtg. 9/14/76 A Public Hearing was held by the Town Board of the Town of Wappinger on Tuesday, September 14, 1976 at 7:00 P.M. at Wappingers Junior High School, Remsen Avenue, Wappingers Falls, New York, on an Ordinance Amending the Zoning Ordinance and Zoning Map of the Town of Wappinger. Supervisor Diehl opened the Hearing Present: Louis Diehl, Supervisor LQuis Clauen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: at 7:15 P.M. Jon Adams, Attorney from Allan Rappleyea's Office The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. Jo 7/1- (These /% (These Affidavits are attached hereto and made a part thereof of the Minutes of this Hearing). The following people spoke at the Hearing: Michael Hirkala Janet Hirkala Warren Strohm Albert Hecht, Attorney Charles Finnerman Robert Steinhaus David Portman Henry Semp Mike Kelly Edna Winters Melvin Engelman Jonah Sherman Bill Vrooman Everett Maynard Russell Frederic Ed Lloyd Frederick Smith Mr. Curry Mrs. Curry Shirley Poillucci Shirley Ranieri Don McMillan Mr. Hall Mrs. Hall Mrs. Heinberger Michael Cornell Marilyn Fiore John Fiore Vincent Brancato Jack Niemcyk Charles Crawford Charles May Louise Carpenter Carl Bryson Mannie Litivak Mrs. Garisino Roy Guarino Pat Werbalowsky Joan Sherman John Sokol Minnie Sokol 3o1 • (There is a complete transcript of this Hearing on file at the Town Clerk's Office). Mr. Diehl closed the Hearing at 10:02 P.M. tc.2_ Elaine H. Snowden Town Clerk W. and S. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING AX.7 — 3724 20 EAST MAIN STREET - WAPPINGERS FALLS 1 AFFIDAVIT OF PUBLICATION State of New Yak, County of Dutchess. Town of Wappinger. 50 7 C ;3eat ice Os f:elt of the Town of Wappinger. Dutcheu County. New York. being duly sworn. says that he is. r.nd R the several times hereinafter was. the. A97 rd KRK : PRI? La,§: 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 successively....in each week, commencing on the...2.40....day of. $.g4ZJ 19.70 and on the following dates thereafter. namely on and ending on the... 2.1.1d... day of.. Sep.techer. i9:6. both days inclusive. Subscribed and sworn to before, me this ?Pa ..day of.....vCZ119..7.6 et Notary Public My commission expires M. i YORK (:3;s, - EJ '• 14-82 0760 -1 COMMISS:r,6 EXPIfiES MARCH 30, Nai !V TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF PROPOSED ZONING ORDINANCE AND ZONING MAP AMENDMENTS FOR THE TOWN OF WAPPINGER STATE OF NEW YORK ) COUNTY OF DUTCHESS ) SS: 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 August 30, 1976, your deponent posted a copy of the attached notice of Public Hearing on the Proposed Zoning Ordinance and Zoning Map Amendments for 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, DutChese. County, NeV York. Sworn to day of ore me this 1976 LI‘CLU c— / :4,A4 Elaine H. Snowden Town Clerk Town of Wappinger / i // Nota _Public t tw y0.0 f -...ate Mx0:4, 13 '