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1979-07-30 PHTOWN BOARD OF THE TOWN OF WAPPINGER :COUNTY OF DUTCHESS - STATE OF NEW YORK X IN THE MATTER OF A PUBLIC HEARING IN RE: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAF OF THE TOWN OF WAPPINGER (RT. 9 COMMERCIAL ADJUSTMENTS) X Town Hall, Mill Street Wappingers Falls, New York 12590 Monday, July 30th, 1979 8:00 o'clock p. m. PRESIDING: Councilman Leif Jensen, Deputy Supervisor. PRESENT: Councilwoman Janet Reilly Councilwoman Bernice Mills Councilman Nicholas Johnson Deputy Town Clerk Gladys Ruit Allen E. Rappleyea, Esq., Attorney to the Town 25 Market Street Poughkeepsie, New York 12601 BY: Jon H. Adams, Esq., of counsel Philip E. `itillrrn niii, IIPII FICIAL COURT REPORTER 28 MARKET STREET NEW YORK 12601 INDEX OF SPEAKERS 1. HSING YANG HUANG 8 2. NORMAN NUSSHECKEL 11 3. ROY PARKTON 11 4. TONY DOMINICUS 12 5. SHELDON SIBINSKI 13 6. JOHN TARANTO 13 7. CATHERINE HEIMBURGER 18 8. MRS. TARANTO 19 DEPUTY SUPERVISOR JENSEN: Call this Public Hearing to Order. Will the Deputy Clerk call the roll? DEPUTY CLERK RUIT: Supervisor Diehl? [NO RESPONSE.] DEPUTY CLERK RUIT: Councilman Jensen? DEPUTY SUPERVISOR JENSEN: Here. DEPUTY CLERK RUIT: Councilman Johnson? COUNCILMAN JOHNSON: Here. DEPUTY CLERK RUIT: Councilwoman Mills? COUNCILWOMAN MILLS: Here. DEPUTY CLERK RUIT: Councilwoman Reilly? COUNCILWOMAN REILLY: Here. DEPUTY CLERK RUIT: All present except Supervisor Diehl. DEPUTY SUPERVISOR JENSEN: Will the Deputy Clerk ascertain as to the publication of tonight's Public Hearing? DEPUTY CLERK RUIT: I offer the Affidavit of Posting and the Affidavit of Publication: "Please take notice that the Town Board of the Town of Wappinger will conduct a public hearing on July 30th, 1979, at 8:00 p.m., EDST at Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York, to hear all persons concerning an Ordinance Amending the Zoning Ordinance and Map of the Town of Wappinger as follows: "The following Ordinance was introduced by Councilman Johnson: "Be it enacted by the Town Board of the Town of Wappinger as follows: "The Zoning Ordinance and Zoning Map adopted by the Town Board of the Town of Wappinger on July 9th, 1979 is amended as follows: "Section 1. The land owned by Chelsea Ridge Associates, described on the Tax map of the Town of Wappinger as grid number 6056-02-635539 be rezoned toNB zone. "Section 2. The lands owned .by Chemical Bank, Jack Davis, and Power Test described on the Tax map of the Town of Wappinger as grid numbers 6157-02-610920, 6157-02-6014953, and 6157-02-578955 be rezoned as HB -1A. "Section 3. That all lands as shown on -5 - the Tax map of the Town of Wappinger presently zoned R-20, and being between Osborne Hill Road and Fowlerhouse Road as follows to a depty of 300 feet on both sides of Route 9 only, be rezoned HB -2A: TAX GRID NUMBER OWNER 6157-04-599136 Sheraton 6157-04-600170 Dominicus 6157-04-590180 Cohen 6157-04-582220 Posar 6157-04-743178 Heimburger 6157-04-636239 Horton 6157-04-639251 Parkton 6157-04-627527 * Taranto * *[TRANSCRIBED AS READ. HOWEVER, AFTER DISCUSSION LATER IN THE HEARING IT WAS LEARNED THAT THE TAX GRID NUMBER WAS CORRECT, BUT THE OWNER'S NAME WAS INCORRECT AND SHOULD HAVE BEEN LISTED AS TORNATORE.] "Section 4. That all lands as shown on the Tax map of the Town of Wappinger presently zoned OR -10A on the Easterly side of Route 9, South of Old Hopewell Road as follows to a depth of 300 feet on the Fast side of Route 9 be rezoned HB -2A. TAX GRID NUMBER** OWNER** 6157-02-641504 Huang 6157-04-604495 Sokol 6157-04-603472 Knight 6157-04- 638394 Shen 6157-04-633424 Emerald Renovators -6- 6157-04_623465 D'Ambrosio 6157-04-618490 Palmatier **[THIS PORTION WAS NOT READ, BUT WAS REQUESTED TO BE TYPED INTO THE TRANSCRIPT FROM INFORMATION SUPPLIED TO THIS REPORTER.] "Section 5. That all lands as shown on the Tax map of the Town of Wappinger presently zoned OR -10A on the easterly side of Route 9, South of Old Hopewell Road described on the Tax map of the Town of Wappinger as grid numbers 6157-02-937535, 6157-02-659528, and 6157-02-684525, owned by Tomasic, P & D Tree Experts, and David & Patricia Roger respectively, and the remaining portions of those properties presently Zoned OR -10A on the easterly side of Route 9, South of Old Hopewell Road described on the Tax map of the Town of Wappinger as grid numbers 6157-02-641504, 6157-04-618490, 6157-04- 623465, 6157-04-633424, and 6157-04-638394 owned respectively by Huang, Palmatier, T'Ambrosie, Emerald Renovators, and Shen, be rezoned to OR -1A. "Section 6. This Ordinance shall become effective as prescribed by Town Law Section 265." DEPUTY SUPERVISOR JENSEN: Thank you. Any communications received concerning tonight's hearing? DEPUTY CLERK RUIT: Yes. One letter received from the Planning Board, Town of Wappinger, dated July 23rd, 1.979: -7 - "RE: 1. Amendment to the Zoning Ordinance Prohibiting Gasoline Storage Tanks in Resi- dential Areas. 2. Amendments to Zoning Ordinance and Map per Planning Board's Recommendations on Rezoning Various Commercial Properties. "At th eir July 19th, 1979 meeting, the Planning Board of the Town of Wappinger recommended that the above -captioned amendments be adopted." The members present are then listed, and it's signed by Secretary to the Town of Wappinger Planning Board, Betty -Ann Russ. That is all which has been received. DEPUTY SUPERVISOR JENSEN: Anything from the Duthcess County Planning Board? DEPUTY CLERK RUIT: No, sir. DEPUTY SUPERVISOR JENSEN: Any statements from the Town Board members before I open this hearing to the public? H earing none, I will open the public hearing for the public to address the Board. The purpose of tonight's hearing is the zoning of the properties along Route 9 Corridor. I suspect that those who are for, or against, the rezoning of the Ordinance as passed on July 9th, of this year, would be those stepping forward to speak. Please, give your name before you start speaking so it can be trans- -g- cribed by the Reporter. Also, please speak up, and state whether you are for or against the changes as have been proposed. We will start with you, sir! Your name, please? MR. HUANG: Hsing Yang Huang. I am the owner, new owner of Sunset Knolls, across from Old Hopewell Road. I don't know who made the recommendations -- I didn't hear -- to change from OR-10A to HB-2A, or was it from HB-2A to OR-10A? Is it going to be rezoned Highway Business two acres. Who made that recommendation? IDEPUTY SUPERVISOR JENSEN: That's what the public hearing is about, sir. That's what the public hearing is on, to change those properties as enumerated by the Clerk, and as presented, changing what was passed on July 9th, at the July 9th Meeting. To change this particular zoning, which is, I think, HB-2A. MR. HUANG: My property was originally commercial, highway business, one acre, and no'W it's going to be OR-10A COUNCILMAN JOHNSON: That property, along Route 9, most of that OR-10A land, the Planning Board is recommending that we change that to Highway Business two acres; as well as a little -9- piece along Old Hopewell Road which will be Office Research one acre, but that is on Hopewell Road; but the proposed zoning is Highway Business two acres. MR. HUANG: I think you very much. I am a foreigner, and with my English, I have a problem. DEPUTY SUPERVISOR JENSEN: That's okay, sir. MR. HUANG: I just wanted you to give me a little time, some time to say how I feel about it. I was born in a foreign country, but I love Wappingers Falls, and I live in the Town almost ten year now. I have property on Montfort Road, a residence, house, and so the people always say that Wappinger Falls is a sleeping town, and I have a feeling because I wa s here just a couple of weeks ago, came to the Town Hall, and I had a chance to talk to the Supervisor, Louis, and before this I asked him, I didn't know -- did not know that Sears Shopping Center did not belong to Wappingers Falls, but all the friends of mine, thought it was Wappingers Falls big shopping center; and we are in the central section, our land, around Route 9, is flat and beautiful and the road is wide; and really good for business. Dutchess County is going to be like Westchester County, -10- and very more businesses will come in. And, I am very interested in business, and if you look at the paper I call attention to it, and it wakes up the people and I hope all the people in the Town of Wappingers Falls the residents, and Town Hall Officials, and especially the Planning Board Members, we should take care of ourselves, and don't scare the other towns against us like Fishkill, and like the Town of Poughkeepsie. They are against us having more business, and that's the -- very selfish, and if you look at the other papers, andif you look at Mays, and Penny's which will be opening a shopping centerthere in Fishkill, they have Mays already, and now they're going to have Macys' and Penny's; they have more business and they make more money, and we, Wappingers Falls, should want more, but they don't want Wappingers Falls to have more, which is ridiculous, and very selfish of Fishkill. Our Town people should be working together, especially our Town Planning Board Members. We should put more business on Route 9 and on Route 9D, because our locations for it is beautiful for it. I want to put motels in Wappingers Falls, because we don't have any motels in Wappingers Falls, and we need them. If you need a motel, you have to go to Fishkill or Poughkeepsie. -11 - DEPUTY SUPERVISOR JENSEN: Thank you, sir. Anybody else? Yes, sir? MR. NUSSHECKEL: Norman Nussheckel. This is a giant step forward, and I think this is a right thing, and I am speaking for myself, and other commercial people. I think this is a good move. DEPUTY SUPERVISOR JENSEN: Thank you. Anybody else? MR. PARKTON: Roy Parkton. I am not against or for it really. But, I wish to have something re8olved. I have one acre of land. DEPUTY SUPERVISOR JENSEN: Where do you live? MR. PARKTON: One house south of McFarland, I'm sorry, north, one house north of McFarland, Horton's, on the corner. And, I have one acre, and he has, I think, a half acre if that. But, the ordinance calls for two acres. All I can see is my neighbors, whom I met this evening, putting up the motel to my north, on two acre lot, and having residential houses in between. You can't do anything with it. And, speaking of Westchester, you -12- have all seen that, going down the highway, and found two motels, and an individual house in between them, because they don't have enough property to seel, and he's locked in there. That's my only worry, with the land becoming worthless, unless he builds up everything long the highway. Thank you. DEPUTY SUPERVISOR JENSEN: Thank you, sir. Anybody else? MR. DOMINICUS: Tony Dominicus. I am for the proposal because a month ago we had land zoned HB-1; and not it's going to be HB-2. What's the difference? COUNCILMAN JOHNSON: Just a larger piece of property. MR. DOMINICUS: I look at it from a basic viewpoint of somebody investing in stocks, and getting a tax loss, it's nice to write off, but who wants it. We have land of value a month ago, and now it's rezoned, and I am against it. But, for the proposal of rezoning, I was against it what you did the first time, but the second is more to my liking. DEPUTY SUPERVISOR JENSEN: -13 - Thank you, sir. Anybody else? Yes, sir. MR. SIBINSKI: Shelton Sibinski, I'm representing Sheridan Enterprises, owners of five acres on the westerly part of Route 9 and Osborne Hill Road; and I am in favor of the proposal to change the zoning. DEPUTY SUPERVISOR JENSEN: Thank you. Yes, sir? MR. TARANTO: John Taranto. I am for the zoning changes, but like Mr. Parkton said, one acre or less, how can DEPUTY SUPERVISOR JENSEN: There are procedures to handle that situation, via the Zoning Board of Appeals, by obtaining a variance. You would not necessarily be locked out of the use of the land. COUNCILMAN JOHNSON: That's correct. If you have a substandard lot, since it might be that you would not get a reasonable return on the lot, it is possible to get a variance, giving you an exception to the rule, since your lot is smaller than required in the ordinance. Nevertheless, you can go and devote that to commercial use. It is -14 - not completely locked out then. MR. TARANTO: I don't border Old Route 9, but I am in back of Tornetore, and my name is in place of hers. But, how about the land all the way back, beyond the three hundred feet that the zoning is going to require. COUNCILMAN JOHNSON: At the present time the proposal is that we are asking for -- or the Planning Board is asking for a three hundred foot commercial zone, and land in back of that would be, as presently, -- as it will be in the new proposed map, that is the way the proposal is set up. MR. TARANTO: But, there is a roadway going across the property, into McFarland Road, and at one time it was commercial Now and then they said it's not commercial, and it had to go back to residential; and now it's back to commercial. But, what about that road I put in there, can that be used? COUNCILMAN JOHNSON: I don't know all of the facts, sir; so I can not answer. MR. TARANTO: Put, things are changed so often we can not keep up with them. At one time it was zoned, so the land was -15 - cut in half, one side was zoned commercial and the other side was zoned residential -- if I wanted to, I couldn't sell that land that way. If you would come to your senses, you would make it all commercial. COUNCILMAN JOHNSON: I don't know the dimensions, and I would have to see it on the map; but it seems that the proposal will call for a commercial zone along Route 9 for a depth of three hundred feet. That's what it calls for. DEPUTY SUPERVISOR JENSEN: I understand your concern, and it's a proper concern, sir. But, for example, if there is no number set back from the highway, such as three hundred feet, and somebody owned property that goes back five thousand feet and made that whole property commercial and didn't draw a line then the commercial areas would be deeper in some areas, than others, so rather than follow the geographical contours and boundaries, of each property, they have selected to go back three hundred feet That's the real purpose behind it, I believe. MR. TARANTO: But, when they drew the zoning lines it should have been taken into consideration, not to cut people's property up. -16 - DEPUTY SUPERVISOR JENSEN: It's an arbitrary line, but there has to be a line someplace. And, if the depth of the property in some areas can be much deeper, it would defeat the purpose. MR. TARANTO: How about taxes on the property, which were increased last year. At that time I was in the hospital and I could not come to the meetings, and they increased 150 percent. DEPUTY SUPERVISOR JENSEN: A lot of properties were increased that much, and some were not. MR. TARANTO: 150 percent? I can't see that. DEPUTY SUPERVISOR JENSEN: I'm sorry to hear that you were in the hospital, but there is a grievance procedure, and if the property owner has a grievance, you have to file with the assessor. MR. TARANTO: I did. And, Mr. Logan said it was too late. DEPUTY SUPERVISOR JENSEN: There is a time limit on it too, and if you had filed in time, there is a grievance board which you would appear before, consisting of five persons, and they would listen to the grievance, and if it is just -17 - they would reduce the assessment. If it is not just, they would not reduce the assessment. That is the procedure, and all towns have it. I wouldn't doubt that there were some properties assessed t ®high as well as those assessed too low. I would suggest that next year, when they have grievances, file your grievance, in time, I think before May, and you may get some relief. MR. TARANTO: Mr. Logan suggested that I come to this Board to see what could be done. DEPUTY SUPERVISOR JENSEN: This Board or the Grievance Board? MR. TARANTO: This Board meeting, tonight. DEPUTY SUPERVISOR JENSEN: We can not change assessments. That's the assessor's job. MR. TARANTO: The only thing I can see then is the buck passing. DEPUTY SUPERVISOR JENSEN: We are not, really. It's not out jurisdiction. But, we will talk to Mr. Logan about it, and find out what he said, to ascertain what he expects us to do or not do. I don't know. -18 - Continuing, with the next speaker, then? Your name ma'am? MRS. HEIMBURGER: Catherine Heimburger, McFarland Road. We've been in business since 1950. Our business is ceramic tiles, and we are non-conforming.since we are too far back. I would like to know, since you say you have only three hundred feet from the Old Post Road, into the property, or is it an acre? DEPUTY SUPERVISOR JENSEN: You are on Old Route 9? MRS. HEIMBURGER: My property is on Old Post Road, but the entrance is on McFarland Road, two hundred feet in, and it has been there since 1950. COUNCILMAN JOHNSON: I think there are some properties where the depth will go more than three hundred feet, but I would have to research it. I do remember, going two or three years ago, to look at the property. MRS. HEIMBURGER: I know somebody was there, and we were told that it was okay, but that it was non -conforming. COUNCILMAN JOHNSON: I think you are still too far in, but I will have -1.9 - to research that one, and let you know. DEPUTY SUPERVISOR JENSEN: It's still non -conforming. COUNCILMAN JOHNSON: It will not change your use, and you can still continue your business. DEPUTY SUPERVISOR JENSEN: Then it will stay the same. MRS. HEIMBURGER: Then we do not have to be in three hundred feet? COUNCILMAN JOHNSON: No, I don't think so. DEPUTY SUPERVISOR JENSEN: That's on Old Post Road? COUNCILMAN JOHNSON: That's right. DEPUTY SUPERVISOR JENSEN: Okay. We will check it out, review'it, but I don't think it's going to be changed; it will be the same as it always was. Whatever you had before is what you'll continue to have. Is there anyone else for or against the proposed changes? Yes, ma'am? MRS. TARANTO: -20 - I'm Mrs. Taranto. I would like to inquire about Mrs. Tornatore's property. Their property is in front of ours, and you don't have her listed at all; and we did not have any entrance of three hundred feet, if we're allowed three hundred feet we would be land -locked. But, I want to find out, my daughter's property, Mrs. Tornatore, is not listed, it's Hortons, Parkton and Tornatore. DEPUTY TOWN CLERK: Taranto is on, but her daughter, Tornatore, is not. MRS. TARANTO: It's not Taranto, Taranto is in back of Tornatore, and I have her number with me. COUNCILMAN JOHNSON: You have her tax bill? MRS. TARANTO: Yes. [PAPERS HANDED BY MRS. TARANTO TO THE DEPUTY TOWN CLERK.] DEPUTY TOWN CLERK: All right. It is listed, "627527" and it is listed as "Taranto", and she claims it should be listed as Tornatore. She's right next to the carpet shop, but Mr. Logan said that is already commercial, when she inquired. Is that right? MRS. TARANTO: -21 - Yes. Logan said that it's already commercial. when we talked to him. COUNCILMAN JOHNSON: If that's the case part of the area was already commercial zoning, and it's not been effected by the changes. COUNCILWOMAN REILLY: That's not changed so it's not shown. MRS. TARANTO: But, she was never told that it was commercial. But, he said it was. Is that the map there? [OFF THE RECORD DISCUSSION AMONG MRS. TARANTO AND THE BOARD MEMBERS.] DEPUTY SUPERVISOR JENSEN: Is there anybody else who wishes to address the Board, for or against? Hearing none, are there any comments from the Board Members? Hearing none, do I hear a motion to close? COUNCILWOMAN MILLS: So moved. DEPUTY SUPERVISOR JENSEN: Second? COUNCILWOMAN REILLY: Second. DEPUTY SUPERVISOR JENSEN: All in favor? [UNANIMOUS RESPONSE.] Carried. This Public Hearing is closed. -ooOoo- CERTIFICATION -23- STATE OF NEW YORK ) ( SS: DUTCHESS COUNTY ) I, PHILIP E. STILLERMAN, RPR, a stenotype reporter do hereby certify that the foregoing Public Hearing was held at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York, in the matter of AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP OF THE TOWN OF WAPPINGER (RT. 9 COMMERCIAL ADJUSTMENTS) on Monday, July 30th, 1979, at 8:00 o'clock p. m., and that I faithfully and impartially recorded, stenographically, the questions and answers, and colloquy. I further certify that after said hearing was recorded it was reduced, by me, to typewriting, and I hereby submit that the within is a true and accurate transcript of my stenographic minutes, to the best of my ability. I further certify that I am not a relative of, nor an ttorney for, any of the parties connected with the afore- mentioned hearing, nor otherwise interested in the testimony of the witnesses. DATED: August 17th, 1979. PHIL E. STILLERMAN, RPR OFFICIAL COURT REPORTER