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2007-0782007-78 Resolution Authorizing Electrical Permit Fee Refund At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 26t', 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero William H. Beale Maureen McCarthy Vincent F. Bettina Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. WHEREAS, Gabriel Pasquale paid the Town of Wappinger a One Hundred Dollar and 00/100 ($100.00) application fee; and WHEREAS, the permit was for electrical service upgrade at a property located at 11 Kretch Circle in the Town of Wappinger; and WHEREAS, Local Law Number 5 of the year 2007 amended the electrical upgrade fee to be Twenty -Five and 00/100 Dollars ($25.00); and WHEREAS, Gabriel Pasquale has requested a refund in the amount of Seventy -Five Dollars and 00/100 ($75.00) NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Seventy -Five Dollars and 00/100 ($75.00), made payable to Gabriel Pasquale, for application fee. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 3/26/2007 The Resolution is hereby duly declared adopted. Q-0- C vj�." j9hN C. M STERSON, TOWN CLERK Gabriel Pasquale 11 Kretch Circle Wappingers Falls, NY 12590 March 7 2007 Mr. Joseph Ruggiero Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Dear Sir; . Recently, I wanted to do an electrical service upgrade on my house at l Kretch Circle, but was informed that I needed a building permit that would cost me $100.00. When I inquired what the charge was for, I found out that the town did nothing more than file this permit with town records. The electrical inspection is still my responsibility, which will cost me an additional $85.00. I feel that the building permit charge is nothing more than a rip-off of town residents who look to improve their homes, and I think it should be rescinded. It takes no longer for a person taking a cigarette break to file these papers. Furthermore, as an "A" Journeyman Electrician for 41 years, I feel I am qualified to do my own work. Sincerely, Gabriel Pasquale Permit # 2007-0086 Town of Wappinger 2007-0086 Building Department 20 Middlebush Road Wappingers Falls, NY 12590 (845)297-6256 Certificate of Compliance CERTIFICATE NUMBER: 2007-0086 CERTIFICATE OF COMPLIANCE is hereby granted to �tid Number: 89/6156-02-512747-0000 Property Location: 11 KRETCH CIR For: ELEC SVC EQUIPMENT FROM 100 AMPS TO 200 AMPS PASQUALE, GABRIEL 11 KRETCH CIR WAPPINGER FALLS NY 125900000 In accordance with PERMIT # 2007-0086 APPLICATION # A25028 issued under wn of Wappinger Building Code. Dated at Town of Wappinger, New York 02/20/2007 Code forcement Officer, Town of Wappinger, N.Y. Town of Wappinger Building Department 20 Middlebush Road Wappinger Falls, N.Y. 12590 (845)297-6256 BUILDING PERMIT BUILDING Permit Number: - 2007-0086 Permit Expires: 2/12/2008 Permission is hereby granted to: PASQUALE, GABRIEL 11 KRETCH CIR WAPPINGER FALLS NY 125900000 L Grid Number: 89/6156-02-512747-0000 Property Location: 11 KRETCH CIR Permit to .commence the following work: ELEC SVC EQUIPMENT FROM 100 AMPS TO 200 AMPS 2007-0086 FILE Copy Located on 11 KRETCH CIR Application No. A25028 Town of Wappinger, Dutchess County, New York in accordance with the specifications contained in A,ication number as stated above filed in the office of the buildin ins ector Town of Wappinger, New York g P ; on 2/12/2007 r� Dated at Town of Wappinger, New York Code Enforcement Officer, Town of Wappinger, N.Y. TOWN OF WAPPENGER BUILDING DEPARTMENT 20 Middlebush Road, Wappingers Falls, N.Y. 12590 telephone: 845-297-6256 fax: 845-197-0579 APPLICATION FOR BUILDING PERMIT APPLICATION TYPE: OOResidential ZONE: DATE: 7 0 New Construction 0 CommercialPERMIT # 0 APPL 0 Renovation/Alteration 0 Multiple Dwelling GRID:' 7V APPLICANT NAME: ADDRESS: PC, tL Ie T.4 bff- TEL #(�'z ELL _4ZL FAX E-MAIL: NAME OWNER OF BUILDING/LAND: *PROJECT SITE ADDRESS*: MAILING MAILING kDDRESS: TEL #: CELL:' FAX #: E-MAIL: Y COMPANY NAME: �W ADDRESS: TEL #: CELL: FAX #: E-MAIL: DESIGN PROFESSIONAL NAME: TEL CELL: FAX #: E-MAIL: APPLICATION FOR , rz r7 L, SETBACKS: FRONT: REAR: L-SIDEYARD: R-SIDEYARD: SIZE OF STRUCTURE: ESTIMATED COST: TYPE OF USE: -7 NON-R-EFUNDABLEAPPL.FEt<)d' PAID ON: CEIPT T )CHECK# RE BALANCE DUE: PAID, ON: CHECK # RECEIPT #: XPROVALS: ING ADMINISTRATOR: �OOApiproved 0 J�pied Date:".)-//, <z 91-gniture of Apihicant T FIRE INSPECTOR: 0 Approved 0 Denied.. Date: Signature of Building Inspector Local Law Filing NEW YORK STATE DEPARTMENTOr STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) i Text of law should be given as amended, Do not include matter being elimigated and do not use italics or underlining to indicate new matter. Moof-_�Tappa:nger------------------ --------- -------------------------------------------- Town Local Law No.__5________________________________ of the year 20.127__ A local law -.handing._vazi-ous-_3ubsect.ions _.of_.Tnwn-_C.ode-_1.22=L6._ts--Amend_-Certain Owen Tide) Permit_ Fee-6---------------------------------------------------------------------------------------- Be it enacted by the -------------------- 10-wn-B4ard----------------------------------------------------- of the �/�y�.,, INomr o/L egirlaiive Body) My 1lA!/.lA� T of --- Wapp-ing�------------------------------------------------------------------------ as follows: *** Text Commences On Next Page*** (If additional space is needed, attach pages rthe same size as this sheet, and number each.) DOS -239 (Rev. 11199) `1/ LOCAL LAW NO.5 OF THE YEAR 2007 A Local Law entitled "Local Law No. 5 of the Year 2007, Amending Various Subsections of Town Code §122-16 to Increase Certain Permit Fees." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 5 of the Year 2007, Amending Various Subsections of Town Code §122-16 to Increase Certain Permit Fees", which shall amend the various fee sections of the Town Code as set forth in § 122- 16 as set forth below. Section II: LeLlislative Intent: The Director of Code Enforcement has reviewed the records of the building department in order to determine the actual time spent to administer various permits and conduct inspections as required by the Town Code. Based on his review of the amount of time expended for the particular tasks, the Director of Code Enforcement has determined that certain fees presently charged for permits and inspections do not adequately compensate the Town of Wappinger for the time and expense involved and that an increase of the fees charged is necessary. Based upon the study and recommendation of the Director of Code Enforcement, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to amend the Town's Fees Schedule found at §122-16 of the Town Code in order to increase certain permit fees and inspection fees. Section III: Amendments: The following sub -sections of §122-16 are amended to read as follows: § 122-16 K (2) - "§214-18, driveway permit fee: $100.00." CADocuments and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emailsTermit Fees\LL.doc §122-16N(6)(a)[1][a][i] — "One and Two Family Homes and Modular Dwellings: $ 0.60 per square foot of living space." § 122-16N(6)(a)[2][a][i] — "For Use and Occupancy Classifications A, E, F, H, I, R-3 and R-4, the fee is $ 1.20 per square foot up to and including 5,000 square feet; plus $ 0.60 per square foot over 5,000 square feet." §122-16N(6)(a)[2][a][ii] — "For Use and Occupancy Classifications B and M, the fee is $ 1.00 per square foot up to and including 5,000 square feet; plus $0.50 per square foot over 5,000 square feet." §122-16N(6)(a)[2][a][iii] — "For Use and Occupancy Classifications S and U, the fee is $ 0.50 per square foot up to and including 5,000 square feet; plus $0.25 per square foot over 5,000 square feet." §122-16N(6)(e)[3] — "Electrical upgrades (includes change of electrical service, any extensions of electric facilities, adding new outlets/switches/fixtures): $ 25.00." §122-16N(6)(e)[4] — "Tent (temporary permit for outdoor sales on commercial site): $ 100.00." Section IV: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, 2 subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) l a ;Final adoption by local legislative body only,) I hereby certify that the local law annexed hereto, designated as local law No. ------------- 5_------------------- of 207 -- of the ( _Qar M-Y)(Town)g) of --- Wappinger ---------------------------------------- ---- was duly Passed by the -_Tow-B----------------------- onxal:CJ ._12th- 20 Q7-, in accordance with the applicable provisions of law. (Name of Legislative Body) 2, (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------- --------------------- on ------------------ 20 ---, and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the__________________________________________________ and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer-) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I:by certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------ o� (Cou nty)(Ci ty) (Town) (Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20----, and was (approved)(not approved)(repassed after (Nanic ofLegislative Body) disapproval) by the--------------------------------=---------------- on------------------- 20---- . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(specia])(annual) election held on ------------------ 20---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20---___ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20-___ , and was (approved)(not approved)(repassed after (linme of Legislative Body) disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20---- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5, (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No, ----------------------------------- of. 20------ 'J the City of ------------------------------------------- having been submitted to referendum pursuant to the provisions of on (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the t alified electors of such city voting thereon at the (spccial)(general) election held on------------------- 20----, caMe operative. 6, (County local law concerning adoption of Charter,) I hereby certify that the local law annexed hereto, designated as local law No, ----------------------------------- of 20 ------ of the County of ---------•-------- --------------------------------- State of New York, having been submitted to the electors at the General Election of November ---------------------- 20__-- , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative, (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph----------, above. n Clerk the Connty lgislative body, City, Town or Village Clerk or offi r designated by local legislative body John C. Masterson, Town Clerk al) Date: 3 or? (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality,) STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of tht Albert P. Roberts — Attorn Title XMXW AW Of Wapp„ger Tow n Date: (3)