1992-12-04
SHELDON CUTLER
LEONARD KLEIN
ARTHUR L GELLERT
STEPHEN E. EHLERS
PAUL J. GOLDSTEIN-
JOHN A. GEOGHEGAN
ALBERT P ROBERTS
LILLIAN SWEIGERT
CARL P BARONE
STEPHEN E. DIAMOND..
RAINA E MAISSEL'
DAVID R WISE-'
EMANUEL F SARIS
TERRY D HORNER
75 WASHINGTON STREET
t:l\..t r,u?~
, "ii.:-..
JOSEPH HCELLERT
(1907 -1989)
GELLERT 8 CUTLER... P.C.
ATTORNEYS AND COUNSELORS AT LAW
POUGHKEEPSIE, NEW YORK 12601
(914) 454.3250
FAX, 914-454-4652
RECEfVEQESTCH::R OFFICE
DEe 0 7 1992 35 PURCHASE STREET
RYE, NEW YORK 10580
SUPERVISOR'S OFFICE (914) 967-6200
TOWN OF WAPPINGER FAX 914 967-6236
December 4, 1992
LONG ISLAND OFFICE
. ADMITTED IN NY 8 FL
.. ADMITTED IN NY, FL 8 MA
. ADMITTED IN NY 8 ENGLAND
, , ADMITTED IN NY 8 CT
2001 MARCUS AVENUE. SUITE W95
LAKE SUCCESS, NEW YORK 11042
(516) 355-0905
Mr. Raymond Arnold
3465 Curry Street
Yorktown Heights, NY 10598
VIA FAX & REGULAR MAIL
Re: Planning Board Matters
Dear Ray:
By chance I happened to be at Town Hall for a late morning
meeting today, and I was told by the clerk's office that there
was a considerable amount of mail for me in my mail bin where I
found several reports from you dated December 2 and December 3 ~
for matters pertaining to Monday night's agenda.
Pursuant to the most recently adopted internal procedures, you
are to have all of your reports in ten days before the meeting so
that your reports can be mailed, distributed and reviewed at
least one week in advance of the scheduled meeting. I spoke to
Don Keller, and he did not know that your reports were available.
As you know, I have many duties other than the Planning Board,
and I will be unable to review these matters before Monday's
meeting. On behalf of all parties concerned, I request that you
adhere to the previously approved timetable for submitting your
memos and reports.
I happened to be editing the zoning law and noticed that water
and sewer systems are special permit uses subject to Town Board
approval in a shopping center district. With specific respect to
Alpine, the Planning Board has approved the site plan with the
GELLERT &3 CUTLER, P.C.
ATTORNEYS AND COUNSELORS AT LAW
- Page 2 -
requisite approval of the Town Board for the water and sewer
systems. Please review the zoning law as well as local law 2 of
1974 (sewer) and local law 2 of 1967 (water). I think that this
matter should be immediately addressed by the Planning Board.
Very truly yours,
GELLERT & CUTLER, P.C.
ALBERT P. ROBERTS
APR/aml
cc: Donald Keller, Planning Board Chairman
Herbert Levenson (via fax)
Hon. Constance O. Smith
Joseph E. paggi, Jr., P.E.
Cc.
I, ,^,,-
.,.,,..
GELLERT &3 CUTLER, P C.
ATTORNEYS AND COUNSELORS AT LAW
rr
r.: I'
SHELDON CUTLER
LEONARD KLEIN
ARTHUR L GELLERT
STEPHEN E EHLERS
PAUL J. GOLDSTEIN'
JOHN A GEOGHEGAN
ALBERT P. ROBERTS
LILLIAN S. WEIGERT
CARL P BARONE
STEPHEN E. DIAMOND"
RAINA E MAl SSE V
DAVID R WISP +
EMANUEL F SARIS
TERRY D HORNER
75 WASHINGTON STREET
POUGHKEEPSIE, NEW YORK 12601
JOSEPH HGELLERT
(1907-1989)
(914) 454-3250
FAX, 914-454-4652
WESTCHESTER OFFICE
35 PURCHASE STREET
RYE, NEW YORK 10580
(914) 967-6200
FAX 914 967-6236
LONG ISLAND OFFICE
December 2, 1992
2001 MARCUS AVENUE, SUITE W95
LAKE SUCCESS, NEW YORK 11042
(516) 355-0905
. ADMITTED IN NY 8 FL
.. ADMITTED IN NY, FL 8 MA
. ADMITTED IN NY 8 ENGLAND
.. ADMITTED IN NY 8 CT
Hon. Constance O. Smith
Town Supervisor
Town Hall
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
RECEIVED
Dfe 0 3 1992
SUPERVISOR'S OFFICE
TOWN OF WAPPINGER
Re: Town of Wappinger - General Town Board Matters
Our File No. 5456.2526
Dear Connie:
Attached for your information is an interesting article
pertaining to criticism of municipalities for low-density
residential construction. The article appeared in the October
19, 1992 issue of the Hudson Valley Business Journal.
Best regards.
Very truly yours,
GELLERT & CUTLER, P.C.
,-- ->-~
EMANUEL F. SARIS
EFS/aja
Ene.
cc: Mr. Herbert J. Levenson (w/enc.)
Lundine briefly review~cd problems i~ New
York, where, he said, construction, manu-
facturing and retail businesses are all suf-
fering from the cool climate experienced in
the past "two or three difficult years" when
New York State lost 400,000 jobs.
Lundine's talk concentrated on areas
where New York State is fighting to im-
prove this economic climate.
The lieutenant governor recalled and
earlier meeting with the New York Em-
ployee Ownership Association of New
t,bl r bIlKJll, llIlan~co In pan Dy a vcry
small federal agency, Defense Advance
Research Products Authority (DARPA).
He said he hoped that "Now that we are
celebrating the end of the Cold War, we
will not eliminate DARPA, but rather
convert it to help private businesses."
Lundine pointing to the education sys-
tem, said if New York State is to offer
quality opportunities, we must have the
most highly skilled and best organized
See: LUDINE, Page 2
,
expenditure in 1991 was $7,647, compared
to a national average of $4,847, according
to Wilmers. Returning to his theme of too
many state employees, he said that in
1985 the ratio of non-teaching school em-
ployees to pupils was 80 to 1; by 1989, it
was 15 to 1.
Medicaid costs represent 12 percent of
all the dollars spent by state and local
governments and are expected to increase
by 17 percent annually in the coming
years. The $12 billion spent on Medicaid
.t.aClll~ue carnes tile same leatures
topics important to business people aJ
basic state and regional news, "ith a Sf
cial focus on specific local news in ea
edition. The popular Newsmakers, Da
Base and highly localized features run or
in the edition for the county it covers.
The changing editions give readen
highly localized publication, plus all 1.
news of the Hudson Valley. The Hudsj
Valley Business Journal is the definiti
source of local business news.
Studies criticize municipalities for low-density zoning policies
By JOHN DUVOLl
A study by Cornell Cooperative Exten-
sion confIrms that low density residential
construction is the worst possible deal for
taxpayers.
These conclusions are also supported
by separate studies by the Ulster County-
based Catsk.ill Center for Conservation and
Development and Poughkeepsie-headquar-
tered Scenic Hudson.
A Cornell analysis of two diverse Or-
ange County communities, WallkiIl and
Minisink, confIrm fIndings fIrst contained
in a Cornell Dutchess County study, as
well as research by other agencies, con-
ducted throughout the Northeast and in
mid-Atlantic states.
The Cornell research was undertaken
largely to underscore the fact that agricul-
tural lands consume far fewer tax dollars
than other types of activity.
The study encourages municipalities to
undertake more detailed bookkeeping to de-
. termine cost-benefIt ratios of various types
of zoning. And it promotes Cluster devel-
opment. _
Generally, the cost of government ser-
vices goes down when housing, retail and
jobs are in concentrated areas, the research
concludes. It also reduces vehicular pollu-
tion.
Environmental planner Simon Gruber,
who helped prepare the study, said large
lot residential zoning is a bad idea that
still finds favor due to an erroneous as-
sumption that clustered development is ac-
tually a code word for low income hous-
ing.
The Dutchess report concluded that lo-
cal government service expenditures to
agricultural lands amounted to as little as
21 cents for every dollar received. In con-
trast, residential areas received up to $1.36
in services for every tax dollar. Similar re-
sults were contained in an unrelated report
from Scenic Hudson, which studied Ame-
nia, Fishkill and Red Hook.
Cornell's Lucy Joyce said that benefit-
to-cost breakdowns were not included]
the Orange County study, because muni(
ipalities used in the case studies did nl
provide detailed comparisons of how ~
dollars are spread out among commercia
residential and agricultural properties.
Joyce expects that a breakdown (
comparative costs, if available, woul
roughly parallel the conclusions of oth(
studies.
Joyce and Gruber said planning boare
often embrace large lot zoning withOl
understanding the sometimes devastatin
impact it has on taxes. Joyce said thi
while wake-up calls are gradually bein
See: STUDIES, Page 20
, SS3HOlna
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2':661= '61= JaqoPO "'lfNHnOr SS3NISna A8I1eA' uospnH - 017 a2ed
:.
jnkeepsie. S~~tl MalleI.
.. q :. Cooling, 34 Sucich Place,
,s Falls. Kenneth Patrick.
IOU, 15 Fulton SI., Wappingers Falls.
,a Glover.
J. C. General Contractors, 34 Skyvie,^
Orlve, Poughkeepsie. David Coluccio.
Jtuds Cleaning Service, 135 B Vassar Rd.,
Poughkeepsie. Dina Yarusso.
Smith & Smith Enterprises, 32 Fallkill Rd.,
Hyde Park. Danny Smith.
to Business
ing 101. ·
ch business people in
ess, Orange and Ulster.
les at low cost
;oring the "Business Monday"
will increase your profits
you decide to take on
COlTlpetitors?
John Steffanci
) 471-2300
::471-2683
-
...
...
,--
r
1450 AM
96.9 Flit.
Studies criticize municipalities
for low-density zoning policies
Continued from Page One
heeded, they arc long overdue.
A study by the Catskill Center con-
cludes that "there arc strong and complex
relationships between taxes and land use"
which arc not recognized in "common
public policy practice.
"Communities with significant com-
mercial uses and growth are (often) found
to have tax tills Ii valing or exceeding
communities with a low commercial base
or growth."
Also, "large lot residential style subur-
ban communities have tax bills exceeding
nearby communities with less growth,"
the study concluded.
The Center urged "more careful atten-
tion to the relationships between land use
and laX policy." While aHland uses create
some demand for services and impact on
taxes, clustering is seen as a preferred al-
ternative.
The report emphasized that "the lesson
may be that well planned balanced com-
munity growth policy" is "healthy for
many reasons."
The Center report added that "in a pe-
riod of weak economy, there can be no
greater government purpose than the more
efficient provision of neeessary public ser-
vices."
Cornell urges municipal cost of com-
JUnCIlUIT. '...11"".'....._
A.2 Personal Ser~ices, RR2, Box wu, l~
Bowe Lane, LaGrangeville. Laurance Salay.
Lafayette Video, RD 2, Box 270, RI. 199, Red
Hook. Henry Kastler.
Spiegel PT Co., E. Village Rd., Tuxedo.
Richard Soieae!.
"'-Cane" HYde' 1"""". T',
FICANJithholding; Federal Unemployement.
Corporate Graphics Group Inc., 220 Lime
Kiln Rd., Hopewell Junction. $23,924.
FICANJilhholdinq.
munity services studies that specifically
compare and separate disbursement of ser-
vices according to commercial, residential
and agricultural land use.
To streamline the record keeping pro-
cess, studies could focus only on those
services that are responsible for most pub.
lie expenditures, typically schools, high-
ways and police.
The Most recent Cornell report also
urges agriculture advocates to take a more
pro-active stance in educating the commu-
nity at large on the role that farmlands
play in bolstering the local economy and
tax base.
Joyce saicl the business community
often does not appreciate the role of agri-
culturalists, clue to a stereotypical image,
held by the its leaders, of the rural, unedu-
cated farmer. The fact the region hosts di-
verse types of agriculture also works
against successful image building, she
noled.
Yet, according to 1987 census figures,
787 farms generated a total market value
of $73.7 million in products in Orange
County alone.
Cornell will distribute its survey re-
sults to government, civic and business
officials. Joyce added that a series of work-
shops on these topics will be held, begin-
ning next spring.
Business Council official shares agenda
Vi APPINGERS FALLS - Assemblyman Donald McMillen hosted a presentation
Oct. 29 of a "Vision for New York's Future" by Daniel Walsh, president of the Busi-
ness Council of New York State.
Walsh shared the council's goals for a better business environment with business
and community leaders. Walsh's presentation is part of a council effort to promote
change in the way New York treats business.
The Business Council of New York's agenda to enhance the business climate fo-
cuses on private sector job growth, improved schools, and reduced growth of govern- "
, '
ment spending and taXation.
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/ II l To a~nce the science and art of good land and water u.. .woridwide
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/' /JLc ty /ttX(/ /U-&:A- RECEIVED
A..(;t,;i...i:o/iO<<-Y l..t ~:;tc;I'L/{oRDER FORM NOV 1 6 1992.
,~;,jt!ft /t};/;l,( 1..;/ /C v , SUPERVISOR'S OFFICE
(/ v REDUCING THE IMPACTS OF TOWN OF WAPPINGER
STORMWATER RUNOFF FROM NEW DEVELOPMENT
SOIL~.
AND WATER
CONSERVATION
SOCIETY
Reducine the bQpacts of Stormwater Runoff from New DevelQ1mlent COI)nt;n.c:: guidance on reducing
flonding and water quality i~ from new development through stormwatcr JI1.lUlgement aDd erosion
and leJiiment control This ml:lnmu also contains information 'o~ stormwa1er m.lUlgemeDt pl.nm,,&
performance standards and ml:llU\gement practices. Tbe manual is a valuable tool for plS1nnnos, ~neeT'S,
local officia1s., contractors, and otbe~ involved in' development activities.
This mSlmull hasbcen prepared by the New York State Department of Environmental Conservation and
made railable to the Empire State O1apter of the Soil and Water Conservation Society for reprinting and.
die" ~tion.
JPies of Reduckte the Inlpacts of Stonnwater Runoff from New DevelQ,PIIlent can be pmcbased for
;15.00 per copy from some Soil and Water ConServation Districts or directly from the Soil and Water
Conservation Society, Empire State O1apter. Oleek with your County Soil 'and Water Conservation
Distri~ for availability before ordering direct ' '. .' ,
If ordering direct from the swcs, Inake checl. payable to "EmDUe State Chqpte:r - SWCS. and mail this
form and check to: .
Empire State Chapter SWCS
'P.O. Box 7172
Syracuse, NY 13261-7172
r____________________________________________________
____________ .4
REDUCING THE IMPACTS OF STORMWATER
RUNOFF FROM NEW DEVELOPMENT
Number of Copies at $15.00 per copy:
Total Amount Enclosed:
Name:
Address:
.~
1)
..;.'~
J
\
J
SOIL ~
AND WATER
CONSERVATI ON
SOCIETY
ORDER FORM
NEW YORK GUIDELINES FOR
URBAN EROSION AND SEDIMENT CONTROL
The New York Guidelines for Urban Erosion and Sediment Control contains standards and
specifications for erosion and sediment control measures commonly used on construction sites.
Both vegetative and structural measures (permanent and temporary) are included in the manual.
The manual is a valuable tool for planners, engineers, local officials, contractors, and others involved
in development activities.
Copies can be purchased for $25.00 per copy from some county Soil and Water Conservation
Districts or directly from the Soil and Water Conservation Society, Empire State Chapter. Check
with your county Soil and Water Conservation District for availability before ordering direct.
If ordering direct from SWCS make check payable to "Empire State Chapter - SWCS." Mail this
form with payment to:
Empire State Chapter, SWCS
P.O. Box 7172
Syracuse, New York 13261-7172
------------------------------------------. -------------------------------------- ----------------------------------------------------------------
Number of Copies at $25.00 per copy:
Total Amount Enclosed:
Name:
Address: