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UntitledTOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------- ---------------- IN THE MATTER OF h AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER (PI) --------------------------------- STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS ) 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 Aug. 14, 1969, your deponent posted a copy of the attached notice of Public Hearing on the Ordinance amending the Zoning Ordinance of the Town of Wappinger (pi), 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 Sworn to before me this � J-T� day of I�UG. 1969. Notary Public hEW YORK s.l!n� lir o uct+Ess COUNTY 711 CQMM6,SIOV EXPIRtS MARCH 30,19- PLEASE TAKE NOTICE that the following Ordinance was adopted by the Town Board of the Town of Wappinger at the Regular Meeting held October -13, 1969. AN ORDINANCE Ati1ENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER BE IT ENACTED AND ORDAINED by the Town Board of the Tom of ,,,appinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York, as Follows: SECTION I. The Town of Wappinger Zoning Ordinance,_adopted January 29, 1963, as amended from time to time is hereby further amended to provide that the classification designated PI .(Planned Industry) pursuant to Section 423 of the Zoning Ordinance shall read as follows: r J ' PI Planned Industry (Subject to site plan review by Planning Board. Section 440.) 1. Any industrial or manufac- turing use, including fab- rication, converting, pro- cessing, altering, assembly or other handling of pro- ducts, the operation of which uses only electric power not generated on the site (except in emergen- cies), and which use nor- mally will not cause or result in any (1) dissem- ination of noise, vibra- tion, excessive light, dust, smoke, gas, fumes, odor, or other atmospheric pollutant beyond the bound- aries of the site on which the use is located; (2) menace by reason of fire, explosion, atomic or induced radiation or other physical hazard; (3) harmful dis- charge of waste materials; (4) unusual traffic hazards or congestion due to the type and number of vehicles associated with such use; (5) electrical, visual or physical interference with aircraft landing, take -off and other maneuvers. a. Any accessory build- ing or use customarily incidental to a permit- ted use. (Signs and lighting regulated as in the LB District.) SECTION II. This Ordinance shall take effect upon adoption and publication as provided by Town Law. 4'4 —9 t h `(\a <-\ STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger, Dutchess County, New York, do hereby certify that the foregoing ordinance was duly adopted at the Regular Meeting of the Town Board of the Town of Wappinger held October 13, 1969, at which time a quorum was present and participated throughout, and that the same has not been in any manner rescinded or annulled and that the same is still•in force and effect and is duly entered in the minutes of said meeting. IN WITNESS WHEREOF, I have.hereunto set my hand and the seal of the said Town of Wappinger this 15th day of October, 1969. I SEAL Elaine H. Snowden Town Clerk -3- M STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says : That she is the duly elected and presently acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York, and that she did on the 16th day of October, 1969, post a copy of the attached Ordinance Amending the Zoning Ordinance of the Town of Wappinger, which was duly adopted by the Town Board of the Town of Wappinger on the 13th day of October, 1969, 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, pursuant to Subdivision 6 of Section 30 of Town Law, and that said copy of such Ordinance has remained so posted from said October 16th, 1969 through and including October 27th, 1969. Elaine H. Snowden Town Clerk Sworn to before me this 12 % day of 19 Notary Public "ter+4"gyp'SIiKSC, gate of DUTCHESS COUNTY DEPARTMENT OF PLANNING 47 GANNON STREET To: Town Board POUGHKEEPSIE, NEW YORK 12601 485-9890 Referral: 69-100 Town of Wappinger Re: Amendment of Section 423 Re PI Planned Industry Districts 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 con- cern; however, we submit the following observation for consideration by the Town Board and the Town Attorney. Apparently the intent of subject amendment is to limit the development of PI Planned Industry Districts to industrial and manufacturing uses only and to no longer permit GB and Al District uses. But, the amendment is not clear in this regard because it does not specifically repeal or delete the existing paragraph which reads: "I. All main uses as permitted and regulated in the GB and A[ Districts". As a result, passage of this amendment is bound to introduce a standing question of interpretation; and it is anybody's guess which way the courts would lean. The Town Board for Wappinger would be wise to reconsider this amendment and adopt an alternate that specifically and clearly states the Board's intent. Dated: August 21 1969 my ei enbuttel, Commissioner `Dutch ss County Dept. of Planning E RECEIVr-D SEP 4 1969 FLAINE N. SNOWDEN PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-9941 August 22, 1969 Town Board Town of Wappinger Mill Street Wappingers Falls, New York 12590 Gentlemen: At its meeting of August 18th, the Town of Wappinger Planning Board reviewed a proposed amendment to the Zoning Classification of Planned Industry (PI), which you referred to us, by letter of August 13th, for recommendation. It is the unanimous opinion of the Planning Board that insufficient time has been afforded the Planning Board to make any meaningful recommendation to the Town Board concerning the proposed amendment. The Planning Board requests that future solicitations for recommendations from this Board be requested prior to the time that such changes are advertised for public hearing. Yours very truly, Robert A. Steinhaus, Acting Chairman Town of Wappinger Planning Board RAS/sjp