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1972-04-07 PHA Public Hearing was held by the Town Board of the Town of Wappinger on April 7, 1972, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Application from M.T.S. Corp. for Exemption from Local Law No. 2 of 1967 regarding the water supply system for Rolling Ridge Estates. Supervisor Diehl opened the Public Hearing at 8:05 P.M. Present: Louis Diehl, Supervisor Louis Olausen, Councilman Harry Holt, Councilman Stephen Saland, Councilman Ahsent: Leif Jensen, Councilman The Clerk offered for the record, the Affidavit of Posting duly signed and notarized, and the Affidavit of Publication duly signed and notarized by Beatrice Osten, Editor -Publisher of the W&SD News. (These Affidavits are attached+hereto and made a part hereof of the Minutes of this Hearing.) No one spoke for or against the application. COUNCILMAN HOLT moved to close the Public Hearing, seconded by Mr. Clausen and unanimously carried. The Hearing closed at 8:07 P.M. Elaine H. Snowden Town Clerk 87 DISPLAY ADVERTISING ;,e C. D. NEWS CLASSIFIED ADVERTISING AX 7 - 3724 20 EAST MAIN STREET • WAPPINGERS FALLS LEGAL NOTICE .1 lawn uoaru of the Town of Wappinger will + .,•�..u�t a pupil,. ,.,,....• _..... town Hall, MIlI Streef, Wappingers Falls, New York on April 7,1972 at 8:00 P.M. EST to hear all persons concerning an Application from M.T.S. Corp. for Exemption from Local Law No. 2 of 1967 Regarding the Water Supply System for Rolling Ridge Estates. RESOLUTION ESTABLISHING PUBLIC HEARING ON APPLICATION OF M.T.S. CORP. FOR EXEMPTION FROM LOCAL LAW NO. 20F 1967 The following resolution was offered by Councilman Holt, %%tto moved Its adop- tion : WHEREAS M.T.S. CORP. has made application 10 the Town of Wappinger for exemption from Local Law No. 2of 1967, now therefore, be It ' RESOLVED Mat the Town Board of the Town of Wappinger conduct • public hearing upon said application on the 7th day of April, 1972, at 8:00 P.M. On that day at the Town Hal I, Mill Street, Wappingers Falls, New York GSeconded by: Councilman Gauen AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess. Town of Wappinger. Beatrice Osten 8 7 f of the Town of Wappinger, Dutchess County. New Yak, being duly sworn, says thabhe.A, ndt tbe;ev, eal times hereinafter was, the os 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 0110 week succesjty+ely once in each week, cogag1encin on the 33z�''dd dayof March W., and on the following dates thereafter, namely on an¢,tnding on the.23rd day of 19.., both days inclusive. g -Z.. h Subscsgand sworn to befor�llr Ch this day of 19%2 Notary Public My commission expires 171.4.82 C7.3 COMMISSIGA EXPIRES MARCH 30, l072-- A Public Hearing was held by the Town Board of the Town of Wappinger on April 7, 1972, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance Amending the Zoning Map of the ,Town of Wappinger (BurgaZolli). Supervisor Diehl opened the Public Hearing at 8:15 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Harry Holt, Councilman Stephen Saland, Councilman Absent: Leif Jensen, Councilman The Clerk offered for the record, the Affidavit of Posting duly signed and notarized, and the Affidavit of Publication duly signed and notarized by Beatrice Osten, Editor -Publisher of the W&SD News. (These Affidavits are attached hereto and made a part hereof of the Minutes of this Hearing.) No one spoke for or against this Ordinance. COUNCILMAN CLAUSEN moved to close the Public Hearing, seconded by Mr. Holt and unanimously carried. The Hearing closed at 8:18 P.M. Elaine H. Snowden Town Clerk 88 8 8/1 '0 end S. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING AX 7 — 3724 20 EAST MAIN STREET • WAPPINGERS FALLS PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger wit conducta public hearing et the Town Nell, Mill Street, Wappingers Falls, New York on, April 7 1972 at 1:15 P.M. EST to hear all ding the Zoning Map of the Town of Wapping ersow concerning An Ordinance ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER The following ordinance was Introduced by Councilman Clausen who moved its •ptlon. BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to the authority conferred by the lawn of the State of New York as follows: Section 1: The Town of Wappinger Zoning Map adopted January 29, 1963, as p �Iamended land time o time 1 hereby further emended by re -zoning the following HE1 Ises of Livia and Louisa BurgaZZOII, tot S.1, Block 3, Town of Wappinger Tax D. a . 2: This ordinance shall take effect ImrnedlatetY on adoption, MINN blicetion as prescribed by Town Law. ed By: Councilman Holt AFFIDAVIT OP PUBLICATION State of New York, County of Dutchess. Town of Wappinger. Aeat..rico..Omen of the Town of Wappinger, Dutchess County, New York, being duly sworn. says that he is, nd ft the several times hereinafter was, the.G9.—. 4j- ,Qr:P.41)1,i.a.c f 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 oneweek successively once in each week commencing on the 23rd day of, Mardi 1973 and on the following dates thereafter, namely on and ending on the...4?3R. ,day of... Mrai 1974 both days inclusive. (cc• Subscribed and sworn to before me this... 33rd. day of, .. , ..Mar.cti...... .. ,19.72 aleig;tr" Notary Public • My commission expires O3 T Et1 NOTARY FU'ui..;C, E Air CF NEW YORK QUALIFIE1 COUNII 014.8240760 COMMISSION EXPIRES MARCH 30, 18a2-' PLEASE TAKE NOTICE; that the Town Board of the Town of Wappinger will conduct a public hearing at the Town Ha],1, Mill Street, Wappingers Falls, New York on April 7, 1972 at 8:15 P.M. EST to hear all persons concerning An Ordinance Amending the Zoning Map of the Town of Wappinger. 886 BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING THE ,ZONING MAP .OF THE TOWN OF WAPPINGER (BURGAZZOLI ) STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ss; ELAINE H. SNOWDEN, being duly sworn, deposes and C 1 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 March 2241d, 1972, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending 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. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this 7 - day ANTHONY P. SILVESTRI NOTARY PUIIIIC, STATE OF NEW YORK DESIDIIja IN DUTCIiESS COUNTY COMMISSION EXPIRES MANN 30,1 84 A Public Hearing was held by the Town Board of the Town of Wappinger on April 7, 1972, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance Amending the Zoning Map of the Town of Wappinger. Supervisor Diehl opened the Public Hearing at 8:3.0 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Harry Holt, Councilman Stephen Saland, Councilman Absent: Leif Jensen, Councilman The Clerk offered for the record, the Affidavit of Posting duly signed and notarized, and the Affidavit of Publication duly signed and notarized by Beatrice Osten, Editor -Publisher of the W&SD News (These Affidavits are attached hereto and made a part hereof of the Minutes of this Hearing.) No one spoke for or against this Ordinance. COUNCILMAN HOLT moved to close the Public Hearing, seconded)py Mr. Saland and unanimously carried. The Hearing closed at 8:32 P.M. Elaine H. Snowden Town Clerk 89 • ,s. 88./' ORDINANCE AMENDING THE ZONING MAP. OF TUE TOWN OF WAPPINGER The following ordinance was introduced by Councilman who, moved its adoption. BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to the authority conferred by the laws of the State of New York as'follows: Section 1: The Town of Wappinger Zoning Map adopted January29, 1963, as amended from time to time is hereby further amended by re -zoning the following parcel of land from HB -1. 1 to RD -20: Premises of Livio and Louisa Burgazzoli Lot 5.1, Bleck 3, Town of Wappinger. Tax Ma #68 Section 2: This ordinance shall take effect immediately upon adoption posting and publication as prescribed by Town Law.' ••• , Seconded By: , Councilman 24Lt . • • , '''"' " ••• • ''%•. .• . • 1 . , , .„• , . If wad 0. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING AX 7 — 3724 20 EAST MAIN STREET - WAPPINGERS FALLS PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conducts public hearing at the Town Hall, Miil Street, Wappingers Falls, New York _ on April 7, 1972 at 8:30 P.M. EST to hear all persons concerning An Ordinance Amending the Zoning Map of the Town of Wappinger. ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER following ordinance was Introduced by Councilman Clausen who moved its on. IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess y, New York, pursuant to the authority conferred by the laws of the State of New York as follows: Section 1: The Town of Wappinger Zoning Map adopted January 29, W63, as amended from time to time is hereby further amended by re -zoning the following parcel of land from H8-1 to R-40: • Lot 46, Block 1, Town of Wappinger Tax Map No. 60 Section 2: The Town of Wappinger Zoning Map adopted January 29, 1963, as amended from time to time is hereby further amended by re -zoning the following parcel of land so that said parcel of land is hereafter zoned in Its entirety HB -1. Lot 46, Block 1, Town of Wappinger Tax Map No. 60 Section 3: This ordinance shall take effect immediately upon adoption, posting and publication as prescribed by Town Law. Seconded By: Councilman Bolt AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess. Town of Wappinger. Beatrice Oates 89k of the Town of Wappinger, Dutchess County. New York. being duly sworn, says that he is. and at the several times hereinafter was, thgt?:'P.tcr;-174.4¢7bf 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.44GQ....in each week commencing on the?3 xI ....day of..114.ra 1978 and on the following dates thereafter, namely on and ending on the. Fa3ii ... day ofilartat 197g both days inclusive. Subscribed and sworn to before me this..? Fd day of...k' :Gt1. 192. Notary Public My commission expires OSTEN NOTARY POSLIC, STATE Of I1EW YORK QUALIEF Iti OUIG1 SS COUNTY .414-6240760 COMMIS:1V: L;:riNES MACH 30.18.. TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF ,;AN ORDINANCE AMENDING THE ZONING MAP 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 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 March 22nd, 1972, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending 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. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this y day ANTHONY P. SILVESTRI NOTARY PUBLIC, STATE OF NEW YORK RESIDING IN DUTCHEGS COUNTY rJ COMMISSION EXPIRES MARCS 110. 11.4 PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a public hearing at the Town Hall, Mill Street, Wappingers Falls, New York on April 7, 1972 at 8:30 P.M. EST to hear all persons concerning An Ordinance Amending the Zoning Map of the Town of Wappinger. .1' z 89C.' 4 '1 89D ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER The following ordinance was introduced by, Councilman Clausen who moored its adoption._ BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to the authority conferred by the laws of 'the State of New York as follows: Section 1: The Town of Wappinger Zoning Map adopted January 29, 1963, as amended from time to time ishereby further amended by re -zoning the following parcel of land from HB -1 to R -40s Lot 46, Block 1, Town of Wappinger Tax Map 062 Section 2: The Town of Wappinger Zoning Map adopted January 29, 1963, as amended from time to time is .hereby further amended by re -zoning the following parcel of land so that said parcel of land is hereafter zoned in its entirety HB -1., Lot 46, Block 1, Town of Wappinger Tax Map ##60 Section 3s This ordinance shall take effect immediately ,upon adoption, posting and public*tion as prescribed by Town Law Seconded Bys. Councilman Holt 90 A Public Hearing was held by the Town Board of the Town of Wappinger on April 7;1972; at. the Town Hall; Mill Street, Village of Wappingers Falls, Dutchess County, New York, on An Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Section 412.02). Supervisor Diehl opened the Hearing at 9:00 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Harry Holt, Councilman Stephen Saland, Councilman Absent: Leif Jensen, Councilman The Clerk offered for the record, the Affidavit of Posting duly signed and notarized, and the Affidavit of Publication duly signed and notarized by Beatrice Osten, Editor -Publisher of the W&SD News. (These Affidavits are attached hereto and made a part hereof of the 1 minutes of this Hearing.) The following recommendations from the Town and County Planning Board were read by the Town Clerk: June 8, 1971 Town Board Town of Wappinger Mill Street Wappingers Falls, New York Gentlemen: Regarding your letter of May 27, 1971 requesting the recommendation of the Planning Board on the proposed amendment to Section 412.02 of the Zoning Ordinance, the Planning Board made the following recommendation. Mr. Einar L. Chrystie made a motion to recommend the adoption of the amendment to the Zoning Ordinance, with a stipulation that the amendment have no affect on subdivisions in the Town of Wappin- ger which presently have preliminary, subdivision approval; this motion was seconded by Mr. Arthur J. Walker. Mr. Einar L. Chrystie, Dr. Robery Y Heisler, Mr. Donald J. Keller, Mr., Robert A. Steinhaus and Mr. jArthur J. Walker voted in favor of the proposed amendment. Dr. Harvey Miller was opposed. Respectfully yours, s/ Betty -Ann Geoghegan, Secr. Planning Board To; Town ,B.o a rd ; i Referral: 71-133 Town of Wappinger Re; Amendment of Section 412.0.2 of Town of Wappinger. Zoning Ordinance The Dutchess County Department of Planning has reviewed subject referral within the framework of General,Municipal Law (Article. 12B, Sections 239-1 and 239-m) and finds the decision in this matter primarily involves matters of local concern. The Dutchess County Department of Planning recommends the decision be based upon local study of the facts in the case. The Dutchess County Department of Planning does not presume to base its decision on the legalities or-. i11egiities of the facts or procedures enumerated in subject zoning action Dated: June 11, 1971 s/ Henry Heissenbuttel, Commissioner Dutchess County Dept. of Planning Supervisor Diehl asked for those in favor of the amendment to come forward. Joseph Incoronato stated that he wholly subscribed to the recommend- ation of the Planning Board to eliminate R-15 zoninf from the Zoning Ordinance. He read from the minutes of the Zoning Regulations Advisory Committee, dated Match 2, 1972. Under Item #5 of these minutes, the Committee voted in favor of the Amendment. .He added that it would help the pollution problem. People cause pollution; control the rate of growth , this will control the population, and this amendment would hold back the rate of growth that is taking place in the Town. He compared the zoning classifications of the neighboring towns. By reducing density, we would profit by less pollution, less road maintenance, lessychoals and less taxes. Russell Reinhard, President of the Pine Ridge, Cedar Hill Civic Association, stated that at a recent meeting of this association, the members voted unanimously to repeal Section 412.02 in its entirety. This action was prompted by the desire to protect the rural character of their particular area and in the hopes that it would act as a deterent to the increasing urbanization of the whole town. Warren Strom, member of the Cedar,Hill Civic Association, would. like to see a more reasonable rate of growth in this town than what he has seen in the last decade. One factor to help this would be to discourage high density housing development, and development on small parcels of land. He recommended that this amendment be approved in an effort to provide a more orderly growth rate in the town. Louis Eck--he is in favor of the purpose of this amendment 100%, but there are different ways to achieve it; there is cluster zoning and town houses. He was in sympathy with the young couples start- ing out; most of them cannot afford the high rent of apartments, and buying homes on larger parcels of land was out of the question for them. No one else spoke, at this time, in favor of the Amendment. Supervisor Diehl asked for those who were against it to come forward. Gerard Hankin, an attorney from_Poughkeepsie, owns property in the Town of Wappinger. He doubted the accuracy of some of the state- ments made by Mr. Incoronato. The Town of Poughkeepsie had 14 acre zoning; also other towns had a greater growth of rate than Wappinger even with Xi acre and 1 acre zoning, so that really didn't solve the problem. There would not be less road maintenance with less homes; certainly the length of road would remain the same, unless cluster zoning was allowed. If town-wide sewer system goes in, someone has to pick up the cost, taxes would go up, not down. Wappinger does not have industry which helps the tax base, when you limit the population, you discourage industry from coming in, therefore, no help with taxes. If the Town Board does pass this, he felt they should consider simultaneously putting in cluster zoning, do not approve one without the other. Stuart Buchalter, resident of the Town of Wappinger, also a new member of the Zoning Regulations Advisory Committee. He could not attend the last meeting because of a religious holiday and asked just how many did attend this meeting when they voted to approve 3 this amendment. He is here a short while, but since this zoning has been in effect for nearly 10 years, he doesn't see that it did any great harm to the Town. He feels there are other methods to limiting growth to certain areas. By eliminating lesser zoning, you're not going to eliminate the use of the land. There has to be a way to make land available to the people and it has to be done in such a way that it will persist over the years so there won't be pressure on future Town Boards to change it back. Stan Lizinski---The community would benefit by builders coming in with central water and sewer systems. There are a -good deal of R-20 areas and by giving builders this incentive and allowing them to do down to R-15, it would be beneficial. Joseph Incoronato stated that the present zoning was beneficial only to_the builders and they are the only ones that are opposed to this resolution. Mr. Buchalter cited examples of other states and towns with differ- ent laws and regulations than ours. What makes them right and Wappinger wrong! Why not try to get other towns -to relax their zoning laws to take the load off the Town of Wappinger. Robert Mitchell asked if R-15 would be eliminated. He presently lived on R-15 lot but he favored eliminating it. He felt that the Planning Board and Zoning Board should scrutinize builders -more closely. Bernard Salles asked if "down" zoning is not allowed, will devel- opers be allowed to put in wells and septic systems. Vincent Brancato was interested in the people who made up the Zoning Regulations Advisory Committee. What professional back- ground did they have to review zoning? He also question the,quali- fications of the Planning Board to take apart a plan designed by a ;professional planner. Mr. Brancato stated that he was opposed to this amendment. Mr. Redfield asked how a decision would be made on this matter. Mr. Diehl informed him that it would be acted upon at a public meeting. Mr. Hankin voiced opposition to Mr. Incoronato's statement that the only ones opposed to this amendment were developers. He is an attorney, not a builder, and he was definitely opposed and there were people, not in the building line, who were not in agreeance with this amendment. Mr. Diehl again asked if anyone wished to speak on this amendment, either for or against. There was no more definite discussion on this subject. MR. HOLT moved to close the Public Hearing, seconded by Mr. Saland and unanimously carried. The Hearing closed at 9:56 P.M. CLULAAAA Elaine H. Snowden Town Clerk L 9 4 W. and S. D. NEWS DISPLAY ADVERTISING ti- CLASSIFIED ADVERTISING AX 7 - 3724 20 EAST MAIN STREET • WAPPINGERS FALLS t' PLEASE TAKE NOTICE that the Town Board of the Town Of Wappinger will ,cmduct a public hearing at the Town Hell, Mill Street, Wappingers Falls, New York 1 on April 7, W72 at 9:00 P.M. EST to hear all persons OoncernlnO M Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Section 112.02). AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER The following ordinance was introduced by Councilman Clausen who moved Its adaption: BE IT RESOLVED AND ORDAINED by the Town Board of the TOWn of Wap- pinger, Dutchess County, New York, pursuant to laws of the State of New York, that the Town of Wappinger Zoning Ordinance adopted January 29, 1943, as amended' Nom time to t ime, it Is hereby further amended as follows : Section 1. Section 112.021shereby amended to reed as follows: "Section 412.02 Subject to the approval of the Planning Board in Its subdivision ' � • review. development in any RD -40 or RIO districts may take place at the minimum lot size and dimensions permitted In the next less restrictive district, provided that public or community water and sewer facilities systems, meeting the requirements of the Dutchess County Department of Health and the New York State Department ' of Health ere provided by Inc developer at no expense to the Town, except mat h no • "all these minimum lot sizes end dlmensbns be less than those prescribed In 1 restrictive residential district. Before taking action on such a develop - se Planning Board shell obtain, at the applicant's expense, a written report ilysis of such public water and sewer facilities, prepared by a duly ed engineer as licensed by fie State of New York. The extent and coverage report shall be reviewed for adequacy by fie Town's Engineer. After receiving such report and analysis, there shall be a public hearing, in the same merrier as required by law in subdivlslon review." 711 Section 2. This Ordinance shall fake affect IrnmedlatelY Wan adoption,p0sthp and prOvided,BONDED S C�Kl� Holt TOwn Law. i. 9 AFFIDAVIT OF PUBLICATION State of New York, County of Dutcheu. Town of Wappinger. rifilltra001 .Q NI. of the Town of Wappinger, Dutchess County, New Yak, being duly sworn. says that he is. rand 1t the several times hereinafter was, the.CcrrlEditOrr+L'ublidukt W. & S.D. NEWS, a newspaper panted 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 ....Ofllet .. week successively.. PACO... in each week. commencing on the 23rd....day of. March. 197.4 and on the following dates thereafter, namely on and ending on the..23rd..day of3taz k 1972 both days inclusive. ESN Subscribed and swan to before me this..Z day of 19.7* My My commiulon expires Notary Public NOTA,,: r1EW YORK k:uUNTY 44'1.4-'6240760 GUMMISSION EXPIRES MARCH 30,19.72- a 0,19.7x' a TOWN BOARD: TOWN DUTCHESS COUNTY: OF WAPPINGER NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER (Section 412.02) STATE OF NEW YORK 1 ss: COUNTY OF DUTCHESS ) says: 9 4,t AFFIDAVIT OF POSTING 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 March 22nd, 1972, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Section 412.02), 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 me 1972. No y Elaine H. Snowden Town Clerk Town of Wappinger day ANTHONY P. SILVESTRI NOTARY PUBLIC, STATE OF NEW YORK RESIDING IN OUTGUESS COUNTY COMMISSION EXPIRES MARCH 30,11x.., • PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a public hearing at the Town Hall, Mill Street, Wappingers F lls,.New York on April 7, 1972,at 9:00 P.M. EST to hear all persons concerning An Ordinance Amending the .Zoning Ordinance of the Town of Wappinger (Section 412.02). 1 946 t AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER The following ordinance was introduced by Councilman C who moved its adoption: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to laws of the State of New York, that the Town of Wappinger Zoning Ordinance adopted January 29, 1963, as amended from time to time, it is heresy further amended as follows:. Section 1. Section 412.02 is hereby amended to read as follows: "Section 412.02 Subject to the approval of the Planning Board in its subdivision review, development in any RD -40 or R-40 districts may take place at the minimum lot size and dimensions permitted in the next less restrictive dis- trict, provided that public or community water and sewer facilities systems, meeting the requirements of the Dutchess County Department.of Health and the New York State Department of Health are provided by the developer at no expense to the Town, except that in no area shall these minimum lot sizes and dimensions be less than those prescribed in the least restrictive residential district. Before taking action on such a development, the Planning Board shall obtain, at the applicant's expense,a written report and analysis of such public water and sewer facilities, prepared by a duly auth- orized engineer as licensed by the State. of New York. The extent and coverage of this report shall be'reviewed for adequacy by the Town's Engineer. After receiving such report and analysis, there shall be a public hearing, in the same manner as required by law in subdivision review." Section•2. This ordinance shall take effect immediately upon adoption, posting and publication,as provided by Town Law. SECONDED BY C....(A.:r ,c .. & V..1, r. t•r-,c LgnaA VOTE