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1979-06-26PHTOWN BOARD OF THE TOWN OF WAPPINGER COUNTY OF DUTCHESS - STATE OF NEW YORK IN THE MATTER OF A PUBLIC HEARING IN RE: X An Ordinance Amending the Zoning Ordinance and Zoning Map of the Town of Wappinger. X PRESIDING: Louis Dieh PRESENT: Wappinger Junior High School Remsen Avenue Wappingers Falls, New York 12590 Tuesday, June 26th, 1979 7:00 o'clock p. m. Town Supervisor. Leif Jensen, Councilman Janet Reilly, Councilwoman Bernice Mills, Councilwoman Nicholas Johnson, Councilman Elaine Snowden, Town Clerk Allen E. Rappleyea, Esq., Attorney to the Town 25 Market Street Poughkeepsie, New York 12601 BY: Jon H. Adams, Esq., of counsel HMI TEN' ' .... V .011, 12 i1 O INDEX -1- 1. Councilman Johnson Page 17 2. Al "Skippy" LaCoco 19 3. Ira A. Pergament, Esq. 33 4. Henry Wang 34 5. Eugene F. X. Gilhuly, Esq. 37 6. Robert Rawling 37 7. Edwin Palmatier 39 8. Roy Guarino 40 9. Charles Cortellino 40 10. Johnah Sherman 42 11. Frank Versace 43 12. W.R. Hencke 45 13. Bob Harris 49 14. John Metzger 49 15. Al Kutkau 49 16. Howard Blonder 49 17. Dick Whatham 50 18. Francis Zenner 50 19. Don Kalenowski J0 20. Paul Carlos 50 21. Douglas Rumsey 50 22. Warren Strohm 50 23. Joseph Incornato 53 24. John Sokol 55 25. Charles Cortellino 56 26. Victor Fanuele 57 27. Joseph Landolfi 57 28. Bill Haas 58 29. Victor Fanuele 60 30. Janet Hirkala 61 31. Mike Hirkala 61 32. Bill Haas 63 33. Vincent Ambrosia 65 -2- SUPERVISOR DIEHL: Call the Public Hearing to Order The Town Clerk will call the role, please. MRS. SNOWDEN: Supervisor Diehl? SUPERVISOR DIEHL: Here. MRS. SNOWDEN: Mr. Jensen? COUNCILMAN JENSEN: Here. MRS. SNOWDEN: Councilman Johnson? COUNCILMAN JOHNSON: Here. MRS. SNOWDEN: Mrs. Mills? COUNCILWOMAN MILLS: Here. MRS. SNOWDEN: Mrs. Reilly? COUNCILWOMAN REILLY: Here. MRS. SNOWDEN: All present, sir. SUPERVISOR DIEHL: The Town Clerk will verify to the publication of tonight's public hearing. MRS. SNOWDEN: I offer, for the record, the Affidavit of Public- ation, and the Affidavit of Posting: "Please take notice that the Town Board of the Town of Wappinger will conduct a public hear- ing at Wappinger Junior High School Cafeteria, Remsen Avenue, Wappingers Falls, New York, on Tuesday, June 26th, 1979, at 7:00 p.m. Eastern Daylight Savings Time, to hear all persons concern- ing an Ordinance Amending the Zoning Ordinance and Zoning Map of the Town of Wappinger. "The following Ordinance was introduced by Councilwoman Reilly who move its adoption: "An Ordinance amending the Zoning Ordinance and Map of the Town of Wappinger. "Be it ordained by the Town Board of the Town of Wappinger pursuant to Article 16 of the Town Law, as follows: "Section 1. The Zoning Ordinance of the Town of Wappinger, adopted January 29, 1963, and as amended from time to time is further amendedto read in accordance with the amended Ordinance which is attached hereto and made a part hereof which is incorporated in and made part of this Ordinance by reference thereto. "Section 2. The Zoning Map adopted January 29, 1963, as amended from time to time is further amended in accordance with the attached map which is incorporated herein by reference thereto. "Section 3. `'hese amendments to the Zoning Ordinance of the Town of Wappinger and the Zoning Map of the Town of Wappinger shall be effective upon adoption, posting and publication as provided by Town Law." SUPERVISOR DIEHL: Will the Town Clerk read any correspondence received from individuals, corporations, firms, or County or Town Planning Boards. MRS. SNOWDEN: We have had some correspondence. We have a recommendation from the County Planning Board regarding the proposed zoning ordinance. "In accordance with the provisions of General Municipal Law (Article 12B, Sections 239-1 and 239-m), the Dutchess County Department of Planning has reviewed the proposed zoning revisions with regard to pertinent inter -community and countywide considerations. Upon analysis, this Department makes the following findings: "1. The proposed zoning ordinance is the result of an extensive planning program which provided a detailed analysis of the past and present structure of the Town and its future development potential. As a result of this program the comprehensive master plan was updated and the Development Plan for the Town was adopted by the Planning Board. This Developtment Plan establishes sound guidelines for the growth of the community. -5- "2. The land use patterns set forth in the Town Development Plan recommend a concentration of high and medium"density residential uses around the Village and hamlet areas. Lands less suitable for development because of poor soils, steep slopes, or the lack of access to centers, are planned for lower residential densities. "3. The proposed zoning implements the recommendations on residential development of the Development Plan. Lands between Route 9 corridor and the Towns of LaGrange and East Fishkill are proposed for decreasing densities as the distance from Wappingers Falls Village and Route 9 increases. Residential zoning between Route 9 corridor and the Hudson River follow a similar pattern of concentrating densities around the Villand and hamlet areas. "4. Several mechanisms are provided in the proposed zoning to enhance the character of devel- opment in the Town. The Average Density Subdivision and Conservation Subdivision generally allow a flexible pattern of residential development with no overall increase in density. The Planned Unit Development District encourages a balanced combination of residential and non-residential uses. The proposed PUD zoning, however, does not stipulate the mix of uses nor is an open space and recreation requirement established. 11 5• The proposed commercial zoning differs substantially from the Development Plan. Areas along Routes9 and 9D would provide a pattern of strip commercial development which is contrary to the intent of the Town Development Plan. Development along Routes 9 and 9D corridors has important countywide and intermunicipal, as well as municipal, impacts. "_'his type of strip commercial zoning weakens existing retail centers and creates hazardous traffic conditions along these major roads. The clustering of commercial activity holds down the use of the automobile for retail shopping and reduces the use and costs of energy. "6. The proposed commercial zoning in these areas is contrary to the Town Development Plan as well as Dut chess County's "Concept for Growth". The Development Plan recommends that 310 acres be set aside for commercial use. This could accommo- date over 2,000,000 square feet of retail building space. Standards established for commercial activ- ity indicate that the size and type of retail space provided for in the Town Development Plan could serve a population of several hundred thousand. people. The excess of proposed commercially zoned land far exceeds this and would thus serve no purpose and have an adverse impact on the vitality of the existing economic base of the community. ?17. The proposed permitted uses in the High- way Business Zones include a variety of commercial uses, some of which are not highway oriented. Uses should be differentiated in order to include those businesses appropriate to locational require- ments. "Recommendations: In view of the above findings, the Dutchess County Department of Planning makes the following conclusions and recommendations: -7 - 'The residential zoning pattern generally rel- ates to the land usage recommended in the Town Defelopment Plan and Dutchess County's "Concept for Growth". 'Phis patter establishes a concent- ration of high and medium density residential uses around the Village and hamlet areas. Lands less suitable for development because of poor soils and slopes are established for development at lower densities. The decision on these matters should be based upon local study of the facts. "The Department recommends disapproval of the following proposed commercial zones: "1. The proposed Highway Business Zone (HB -2A) at the soutwest corner of Route 9 and Old Hopewell Road and continuing along Route 9 to North Fowlerhouse Road; "2. The Highway Business Zone (HB -2A) on the northeast corner of the intersection of Route 9 and Old Hopewell Road; "? jo The Highway Business Zone (HB -2A) on the east side of Route 9 from McFarland Road continuing south to Old Route 9; "4. The Neighborhood Business Zone along both sides of Route 9D from the Montclair Apartments to Stoneykill Road. "This Department recommends that the Highway Business Zone on the east side of Route 9, north of New Hackensack Road be reduced with an estab- lished northerly boundary opposite Mesier Avenue. "This Department, further, recommends that the permitted uses in the commercial districts be modified to include a difference in the uses allowed in the various commercial zones. The -8 - The proposed usis in the Highway Business Zones permit various types of business development, whether or not they are highway oriented. Thus, the difference between the commercial districts is one of degree, rather than of substance. Commercial establishments along highways should be limited to those uses which are appropriate for highway business. "The proposed zoning includes recreational use developments as a special permitted use in residential districts. In view of the board def- inition of this use it is recommended that more specific locational criteria be added to assist in the decision-making process. This Department recommends that "places of amusement or recreation" be disapproved as a special permitted use in the Airport Industry and Planned Industry Zones. While park and playground uses are appropriate throughout the Town, larger scale, intensive, commercial recreation activities should be concentrated in or near areas planned for higher densities of population and along major traffic artieries for con venient access. "This Department recommends that the provisions of the Planned Unit Development District be modified to include a regulated mix of residential and non- residential uses within the PUD District; that is, the amount of non-residential space permitted should be specified and related to the number of residential units to be constructed.. It is also recommended that an Open Space and Recreation. requirement be included for each Planned Unit Development. "This Department recommends that the Planned Industry District located off All Angels Road, south of Lake Oniad, and the Planned Industry District on Myers Corners Road, opposite Fenmore Drive, be reduced to include only existing uses or disapproved. Industry and office research land uses would be more appropriately located on or near the Route 9 corridor which provides better access -- an important industrial location factor. "It is recommended that the following clarif- ications and corrections be made int he text of the proposed ordinance: "1. In paragraph 411.5 and. 411.6, the refer- ence should read "Section 460" instead of "Section 445". "2. Paragraphs 434, 442.521 and 603 should be changed to more accurately reflect the wording of Section 239m of New York State Law as regards the review procedures for the County Planning Department. The words "abuts" and "abutting" should be changed to "within 500 feet of". "3 In Section 421, column 2 (Permitted Principal Uses), a line should be drawn after number 19 to differentiate the permitted uses in the R -NF -3 and R -MR -5 districts from the one family residence district uses. "The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or proced- ures enumerated in subject zoning action" This letter, dated June 25, 1979, was signed by Kenneth R. Toole, Commissioner of the Dutchess County Department of Planning., and Richard Birch, Senior Planner. -10 - We also have received a letter from the Town of Wa. Wappinger Planning Board, dated. June 19th, 1979, ^nd is addressed to the Town Board members, with reference to the May 29th, 1979 proposed zoning ordinance and map. "At their June 18th, 1979 meeting, the members of the Planning Board discussed the above -captioned referral and this letter is to advise you that the Board has no objection to the text of the proposed zoning ordinance. "With regard to the proposed zoning map, the Planning Board wouldlike to recommend the following changes: "1. -P Zone for two acre parcel of Chelsea. Ridge Associates on Route 9D (presently zoned LP) as this parcel has received site plan approval for an enclosed shopping mall and the Board does not feel this should become a non -conforming parcel. (Shown on proposed map as R. -TT -5) "2. HB -1 Zone for properties of Chemical Bank, Jack Davis and Power Test as the adjacent properties are so zoned. The Board does not understand whi this particular area is zoned HB -2. (Shown on proposed map as HR -2) "3. HB -1 Zone for properties from Osborne Hill Road to Hopewell Road for a depth of 300 feet on both sides of Route 9. (Shown on proposed map as R-20, HB -2 and OR -10A) "The Planning Board would like to thank you in advance for your consideration of their recommendations. "Members present at the June 18th, 1979 meeting: Victor L. Fanuele, Donald J. Keller, ftw follows: -11- George Brannen, Dr. Harvey Miller; Members absent: Virginia Keeler, James V. Porter, and James Mills." This letter was signed by Mrs. Betty -Ann Russ, Secretary to the Town of Wappinger Planning Board. We have other correspondence, from Philip Dominicus of 26 Fulton Street, Wappingers Falls, and proprietor of Li'L Darling Shoppe, Imperial Plaza, which reads as "I would appreciate the following statement be read into the minutes at the Town Board meeting on zoning, slated for June 26th, 1979. "That I am in total concurrence with the recommendation of the Planning Board, in a letter dated June 19th, that all properties from Osborne Hill Road to Hopewell Road be zoned HB -1, commercial use." There's a liter from the Lakeoniad Realty Company which is dated June 20th, 1979, which reads as follows: "We are the owners of a parcel of land located in the Town of Wappingers, located at the end of Ervin Drive and fronting Spook Hill Road, known as Map 4+5, Blcok 1, Lot 2.1. "The parcel consists of approximately 90 acres of vacant land. The present zoning of the parcel is one-half acre, residential The proposed zoning for our parcel is one acre. "Approximately five years ago, a preliminary approval on this property was given to the developer (Lehigh Corporation) for the subdivision of the -12 - property. Fecause of financial difficulties, the developer did not ask for an extension of the preliminary approval. We intend to develop the parcel and to build single family homes. Water and sewer is at the property. rflo the best of our know knowledge, our parcel is the only one in this area zoned one-half acre. "The cost of building new homes, especially the cost of land improvement, is very high, and the change of the zoning to one acre lots will be prohibitive to the development of this parcel. "It will be financially unfeasible to build homes on one acre parcels. The cost of constructed homes would be out of range of middle class persons. "It is out opinion that the interest of the community -- especially for young couples looking to acquire residences -- is to leave our parcel at the present zoning, namely at one-half zoning. Further, the existing home owners are paying very high rates for water and sewer. The addition of new homes will substantially lower the burden now carried by the home owners in this area. "We are ready to immediately start the development of our parcel if one-half acre zoning will remain. "Please read this letter at the public hearing to be held on June 26th, 1979. "We would like to ask to make this letter part of the public hearing. 'We again would like to ask not to change the zoning, and to leave the parcel zoned as one-half acre. This letter was signed by Nathan L. Spells of -13- LakeOniad Realty Corporation. There is another letter, from L. Richard Rosenberg of Chelsea Ridge Associates, dated June 14th, 1979, addressed to Lou Diehl, Supervisor, which reads as follows: "We wish to voice our concern that the proposed new zoning map for the Town of Wappinger has omitted our local business zone from the proposed map. As I had previously indicated to you on the phone, we have obtained a building permit for the construction of the Chelsea Ridge Mali and feel that in light of our long standing plans, and efforts to bring this Mall into exist- ence, that by causing it to become an immediate non -conforming use will work an undo hardship upon us and the businesses that are planning to locate in the Mall. "If you recall, the creation of this local business zone originally was favorably recommended by both the County Planning Board and the Town of Wappinger's Planning Board, and of course, the Town Board. "I assume this omission on the proposed zoning map will be amended to properly include our local business classification." Another letter, from the Town of Fishkill Planning Board, and former Southern Dutchess Joint Planning Group, signed by Ronald C. Brown, Chairman, dated June 19, 1979. "The Town of Fishkill Planning Board together with the Fishkill Town Board has reviewed the -114 - subject April 1979 revision to your Town of Wappinger Proposed Zoning Ordinance, a copy of which you have forwarded to the Town of Fishkill. "As stated in our comments of July 1, 1976 and June 26, 1975, regarding your March 1975 revision, we take exception to your proposed zon- ing along Route 9 from Myers Corners Road southward to the Fishkill line. The predominance of HB -1A and HB -2A zoning will permit commercial strip zoning for practically the entire extent of Route 9 in the Town of Wappinger from Myers Corner Road southward. This is con trary to the Area Develop- ment Plan adopted by resolution on June 6, 1973 following three years of joint studies, hearings and expenditures by the five communities, of your Town, the Town of Fishkill, the Villages of Fishkill and Wappingers Falls, and the City of Beacon, and known as the Southern Dutchess Joint Planning Group. The resolution was made by Mr. Steinhaus, then Chairman of your Planning Board, seconded by Mr. 'Allier, then Supervisor of the Townof Fishkill, and adopted unanimously by the representatives of the five municipalities present and involved. The so adopted Area Development Plan indicates high and medium density residential zon- ing along the above section of Route 9. Neighbor- hood Shopping, your NB zone, is indicated along Old Route 9 above its entrance into the Town of FishkilL "We wish our exceptions to be read at your public hearing on June 26, 1979, and made a part of the minutes thereof for consideration in amend- ing your proposed Ordinance to more closely comply -15 - with the Area Development Plan and your Town Development Plan as it was adopted prior to June 1975." We received another communication, this evening, from MegTam Corporation, dated June 26, 1979, and reads as follows: "Your records will indicate that this corporation owns a tract of land consisting of 186 acres situated along the Souther edge of the Town, bounded by Old Route 9 and Smithtown Road. Your records should further indicate that since 1975 we have sought to have this property properly zoned for the purpose of retaining the present usage of the property and continue to develop the property for its most productive use. "For your information: From the day we have purchased the land to date there have been no complaints ever lodged against our use, or mis-use of the property. "We respectfully call your attention to the fact that on July 23, 1975 your Board was askdd to change the zoning to permit a lawful use by us of the property, this was granted. Originally we had asked that this land be zoned for Planned Industry, but never as a one acre basis. We would now ask that this property be zoned GB. "In our letter to your of February 26, 1976 the following was stated: 'Reference is also made to the Proposed Zoning Ordinance, revised December 1975. This ordinance proposes to rezone the Megtam Property to PI -1A. The effect of this is to permit any non-residential use as provided under OR -10A -1.6- for "Permitted Principal Uses" and substantially restricts the "Permitted Accessory Uses" as com- pared to OR-10A. 'The history of the Megtam Property is outlined in our previous letter. In 1969 development of the industrial park was started and the first building constructed to accommodate a combination storage and warehouse business as well as a transportation terminal. The proposed rezoning would make such uses "non-conforming". In order to avoind the restrictive "non-conforming" use category, it would be necessary to add to "Permitted Principal Uses" (1) Transportation Terminals; (2) Storage and Warehouse Business. The "permitted Principal Uses" would also be expanded to include items three through nine as provided under OR-10A of the proposed zoning ordinance. 'We request that the zoning of the Megtam Property be allowed to remain as it now is, prior to the Proposed Zoning Ordinance, a Planned Indust- rial Zone. Tf this is not feasible, the suggested changes mentioned above would accomplish almost the same objective.' "We have been advised that thb zoning law at the present time is being construed most strictly. It is for this reason that we are making this appli- cation again in order that we can protect our vested rights in the property and continue to be a good neighbor and taxpayer." This letter, received this evening, was signed by Megtam Corporation President, Archie R. Hansen. And, attached to that letter is their letter of July 23rd, 1975. -17 - This is all of the correspondence concerning this Public Hearing, which I have received. SUPERVISOR DIEHL: Thank you, Mrs. Snowden. Now, before we open this public hearing open to the public, I want to announce that there are copies of the Proposed Zoning Ordinance and Map, at the front table here. Also, the Chairman of the Committee for the Revision of the Zoning Ordinance and Zoning Map, Councilman Johnson, has requested that he be permitted to make some comments prior to opening this to the audience. Councilman Johnson, with Councilwoman Reilly, and others, worked on this proposal. Mr. Johnson? COUNCILMAN JOHNSON: In trying to bring forward the comprehensive zoning ordinance for the Town, some of the folks who worked on the original drafts saw a great deal of similarity between what was proposed years ago, and now. We found, as changes were introduced, and made those changes, those changes eventually brought us full circle in many instances. We expect that there will be technical reviews, and I will repeat that, "technical reviews" of the ordinance, the words, and the map, because no matter how many times you go over it, and check it, it is hard to pick a line to know exactly -1$ - where it is to be without looking at the blown -up maps, etbetera, and anybody who speaks this evening who has a specific situation that they would like to bring to our attention, we will ask it, please submit it to us as accurate as possible in requests. If it turns out that after you tell us about in writing, so examining your we can be specific to be a philosophical difference, we would ask that you try to put it down in writing. And, if you are writing notes now, for when you speak, please submit it to us so we can review it the way you want it to be reviewed, the way you want them to be read. But, mostly, we are interested to know if there are any specific situations and if so, try to identify the specific piece of prop- erty, so when we do the technical review, using the minutes of this meeting, and what you may submit, we will have all of the information, and we will be able to review it properly, and give it the proper consider- ation it deserves. Thank you. SUPERVISOR DIEHL: Thank you. Now, this Public Hearing is open to the audience. All we ask is that you speak loudly so we can all hear, state your name, and your address, and the location of the parcel of property to which you will be referring. And, if you are representing someone -19 - else, please identify them. Please, speak loud enough for the secretaries, and the reporter, can hear your comments, and record them. Yes, sir? MR. LaCOCO: Al LaCoco. My friends call me "skippy". I am a licensed Citizen Band operator and a licensed Amateur Radio operator, licensed by the Federal Communications Commission. There are two items in the zoning ordinance that are of concern to the CB operators and the Amateur Radio operators, and I would like to make a public statement about it, and it concerns -- I don't know if you call it an article or section of the ordinance, but it's number 414 -- COUNCILMAN JOHNSON: You're referring to Article 414? MR. LaCOCO: Yes. It's entitled "Projecting Features Above Roof Level". I would like to make a statement about that. Then, I would like to ask some questions, and if you would permit, I would also like to make a short demonstration, which would concern Article 483.7, that is if the Board feels it is not disruptive, and then follow that with some comments and statements, if the format is okay with the Board, I will proceed. -20- SUPERVISOR DIEHL: How long will you go one? MR. LaCOCO: I don't know. Fifteen or twenty minutes. Partly, it's dependent on the answers I receive. SUPERVISOR DIEHL: Let's try to limit it to ten minutes, because we have a room of people. MR. LaCOCO: I'll try to do that. Now, first I would like to start with Section 414 "Projecting Features Above Roof Level". Citizen Band Radios and Amateur Radio Operators are governed by Part 95.437 as far as CB antennae are concerned, and Part 97.45 as far as Amateur Radio Operators are con- cerned. mhese are Federal Communication- Commission's regulations, as well as other acts and regulations, going back to 1969, like the Environmental Policy Act of 1969, in terms of ecological consideration; and in addition they have to comply with the requirements of the FAA and Form 7460-1 which has to do with inter- ference with aviation and nagigation. So, there are certainly plenty of rules and regulations governing heights of antennae. In reading this ordinance, I am puzzeled as to what it tells me. So, my first question -21- to the Board -- SUPERVISOR DIEHL: I would like to interrupt -- did you give a local, Wappingers Falls, address? Or, are you representing someone, or some group? MR. LaCOCO: I'm definitely living at 4+1 Kretch Circle, Wappingers Falls. SUPERVISOR DIEHL: Thank you- MR. IaCOCO: One question, then, is what limitations are placed on roof-mounted CB or Amateur transceiving antennae, according to the ordinance? COUNCILMAN JOHNSON: None. SUPERVISOR DIEHL: One Board Member said twenty feet. COUNCILMAN JOHNSON: Twenty feet? It does not say twenty feet okay it does. MR. LaCOCO: Is that from the ground or from the highest point of the roof? COUNCILMAN JOHNSON: -22- From the highest point of the roof. MR. LaCOCO: So, the second question, then, is what about free standing antennae, not mounted on a building? COUNCILMAN JOHNSON: Same rule. MR. LaCOCO: In other words the height over the roof level applies whether it is mounted on the roof, or on the ground, is that true? COUNCILMAN JOHNSON: That's my present interpretation. MR. LaCOCO: Do you see my problem? COUNCILMAN JOHNSON: Yes. MR. LaCOCO: Next question, is what do you feel the limitations should be, baeed on the given purpose of the ordinance as stated by the first paragraph: "For the purpose of promoting the health, safety, morals and general welfare of the community ..." why does the Town wish to limit the height of Citizen Band and Amateur Radio operators' antennae. What is the intent of the limitation in height? Do you feel it is -23 - unsafe, unsightly, or what? You know, we could apprec- iate your restrictions better if we knew why you have it. Or is it that you don't like antennae? What is it? SUPERVISOR DIEHL: I can not answer that at this time. If you would explain all this, and ask your questions, in writing, we could then more fully answer the questions. COUNCILMAN JENSEN: Nobody is picking on the CB'ers. That would be ridiculous. MR. LaCOCO: T wasn't suggesting that. I'm not saying that. I am asking the question of what the intent was. COUNCILMAN JENSEN: It sounded like it. MR. LaCOCO: I'm sorry. But, what is the intent of the restrictions? COUNCILMAN JENSEN: Fm some conformity for antennae above the roof lines of the Town. You've noted your objection, it's been recorded, and that's the reason for holding the public hearing. It will be given due consideration. MR. LaCOCO: I'm trying to understand it. If I understood it -24- -- if I understood why you have the restrictions, then I might be able to respond to it. COUNCILMAN JENSEN: That's the purpose of the public hearing. MR. LaCOCO: It's not just the CB'ers! I'm talking also for the CB'ers, but also for the Amateur Radio operators; and any regulations that we have to comply with will have to apply to both, or it will not stand, because you'll then be discriminatory. The question then is why are you limiting the height, and you've answered that by saying "uniformity of height". Then, I'll ask, instead, why not have it at three hundred feet instead of twenty feet? COUNCILWOMAN REILLY: It would be unsightly. MR. LaCOCO: Then, the next question is, is it within the Zoning Board's province to regulate for asthetic reasons, the height of apertinances, on the property? COUNCILWOMAN REILLY: Yes. MR. LaCOCO: I have with me I belong to the American Radio Relay League, and they deal with this type of thing -25 - frequently. SUPERVISOR DIEHL: We are more interested in hearing your recommend- ations, and why you would recommend other than twenty feet. Otherwise we'll end up going around and around all night. MR. LaCOCO: Fine with me. I don't want to go around and around all night either. SUPERVISOR DIEHL: Also, what I think we would be interested in is why you object to twenty feet. Also, what is reasonable and acceptable to you. Let's get to the point. MR. LaCOCO: I think that both CB and Amateur Radio provide public services, and I know many of you have opinions about what CB radios or Amateur Bands may be in terms of "rag chewing" and silly conversations, etcetera; rut there is a much more important good -- good work that is going on in both areas. We've a member here tonight from REACT, I think -- yes, he's here -- who may wish to speak about the Citizen Bands, but I can tell you that they provide a means of communications for highway emergency all over the Southern Tier of the State of New York. And, the benefits accrue not only to the people -26- having them, but to almost everybody. If you're stuck on the road, and you're not within walking distance of communications, and help arrives, it's probably because a CB'er saw the situation, and radioed for help. Amateur Radio has more far-reaching public service implications. There are other people here tonight who can also speak on that, who may be more eloquent than I am; but a simple description of the benefits of Amateur Radio is provided by emergency communications. Many people say that we are Civil Defense Radio Stations, we are that too; but it is the amateurs like myself who operate and man the equipment that belongs to the Civil Defense, in conjunction with their own equipment, -some battery operated in case of total electric failure. In addition there are phone patches which is a service offered to servicemen, overseas, to be able to talk to their families, by radio and telephone hookups. These are just some of the services provided. But, if we were limited in height to twenty feet, we would not be able to provide these services. These services, in particular the phone patch for the overseas servicemen, which requires use of the 20 meter band -- that's the length of the wave, 20 meter, which is sixty feet. Because of physical reasons, science and physics, the height'necessary for these antennae needs to be -27- between fifty and seventy-five feet above the ground, it would be impossible to provide the phone patch serivice to any place, let alone China, with antennae less then fifty feet above the ground. SUPERVISOR DIEHL: Fifty feet above the ground? MR. LaCOCO: Yes, sir. It's because of physics. It's ruled by the ground, not the housetops. It's electrical ground, and it's not always level with the surface of the earth. There are two other things I would like to mention. And, some of the other people here may wish to elabor-- ate on some other facets of it, because Amateur Radio is a many faceted endeavor. Two of them are emergency service and the phone patch. If I might, I would like to read from an article -- it's about twenty words, or so, an example of what it might do. It's about a thirteen year old from California who heard a distress call from a fishing boat seventy-five miles awaythat was in trouble, northwest of Jamaica -- that's seventy-five miles northwest of Jamaice, rather, which had a whole in its hull. They were attempting to contact the Coast Guard, but couldn't, but this thtteen yearold heard -28 the distress call, contacted the local Coast Guard and they contacted the Miami Coast Guard, and since neither had amateur band capabilities, he was the only one in contact with the boat. They did rescue those on the vessel, but think of what would have happened without the amateur band capabilities. This ds the type of story, which happens quite frequently, where the amateur band radios come into play. And, if you were to read any of a number of CB or Amateur Radio magazines, you would see this type of story more and more each month. The point I am making is that they should be permitted in the Town of Wappinger. Put, if you limit the antennae height to twenty feet, over roof line, then no one would be able to operate. SUPERVISOR DIEHL: Thank you sir. MR. LaCOCO: I would also like to comment on Article or Section 483.7 entitled "Electromagnetic Interference". And, this is where the demonstration I mentioned earlier would come in, if you would permit it, because whoever wrote it is quite naive, since it is not consistant with the laws of physics. -29 - For your information I would like to recite a list of some of the sources of interference producing electric motors, which causes electromagnetic interference. These are everyday, common, household items, such as sewing machines, radios, televisions, alarms, and other dozens of motors, you are familiar with. And, there are also radio receivers, and radio transmitters which cause electromagnetic interference. These radios include those used by police and fire departments, as well as air craft. And, the thing we're trying to protect, broadcast reception, is done with transmitters. And, these transmitters themselves cause interference. The message answering service used by doctors, is another cause for electromagnetic interference. Maybe the Town would like to turn off the sun, since the sun also causes interference. Also, there will be a problem in determin- ing where the interference comes from, whether it comes from the sun, or some other source, like a car's ignition system. Are we prepared, as a town, to determine the source of the interference? Lightening also causes, interference, as well as the aurora borealis, the northern lights. One interesting thing about Article 483.7 is the lack of definition of terms, at the begin- ning of the proposed ordinance. There are many many terms and definitions in the beginning of the proposed -30- ordinance, but none of the terms contained in this particuler portion are to be found in the ordinance. Yet, the FCC feels that this particular area is some- thing that comes under their jurisdiction. They send out notices, stating "this is a nbtice from the Federal Communications Commission" which they dispense when there are problems with radio interference. Local laws regulating radios may be preempted by the Communic- ations Acts, and it goes on to cite the Communications Act of 1934; and complaints that they have gotten from people about CB's and Amateur Radios -- the important thing is what the FCC has to say about interference. Ninety percent of the interference complaints come to the FCC are due to the fact that the receiving equipment is at fault, and is not selective enough. This radio, for instance, that I have here [INDICATING] if I were to stand in front of a police station, and turned it on, and listened to WKIP, you would hear the police radio's transmisons because of this radio, which is an unmodified, directly from the shelf radio, and it can receive the police transmissions. Are they doing something illegal? I seriously doubt it. And, my opinion is that there is no place, and no wording at all which belongs in the zoning ordinance that discusses this type of interference. -31- Now, if the Town would like to do something about handling the complaints, what should be done is to form an interference committee, and the amateurs in the area -- and they are competent, and have the technical equip- ment -- could resolve the problems, or help you resolve them. They would receive the complaints, try to find out the source of the interference, and try to rectify it. This ordinance has come to the conclusion before it ever -- before the first person was even brought up under the ordinance with a violation, and it comes to the conclusion, that if you hear me on the radio, I am at fault, and I have to stop transmitting. That is absurd. The receiving equipment may not be selective enough to eliminate, and discriminate between me and some other transmission. The bottom line is to remove that portion' from the ordinance, or whatever you wish to call it, from the ordinance. Remove Article 483.7, and do something constructive for us. We could probably help the Town out. I know, I for one, would do that. I would be happy to visit anyone's home in Wappingers Falls who feels that they have TVI, or radio interference. Frequently, the problem is found in the phonograph, stereo, or amplifier, or tape deck, or whatever. I would help show them how to modify their equipment and correct the problem, and eliminate that interference. SUPERVISOR DIEHL: If you could summarize all that for us, in writing, and add your conclusions and any recommendations you wish, we will study it, along with the written record. MR. LaCOCO: Thank you for listening. One more thing, about the demonstration SUPERVISOR DIEHL: I'll tell you, Skip, you've impressed me. I don't know if we need more information or not. MR. LaCOCO: The point of the demonstration is that even a receiver emits transmissions, and a receiver is a transmitter by itself, and it transmits radio signals making it impossible to discriminate between one and aother, and that even a receiver can transmit and interfere with another receiver. SUPERVISOR DIEHL: Thank you, Mr. LaCoco, Skip. Continuing with the first row, then? Yes, sir? Your name, and address, if if applicable, who you are representing. MR. PERGAMENT: Ira Pergament, I'm an attorney, representing Dr. and -33 - Mrs. Wang, Henry and Lynn Wang, who recently purchased property known as Sunset Knolls Trailer Park and Tourist home, which is now designated HB -1; and under the prop- osed ordinance of April 1979, the property will be designated OR -10A, Office Research, ten acres. My first comment is that not only is Dr. Wang's property being rezoned, but all of the other properties located within that zone, none of them are ten acres. Therefore, you would be, as the zoning proposal becomes the zoning ordinance, effectively foreclosing property owners within that proposed and all present uses uses, and subsequent zone from utilizing their property would be reduced to non -conforming restrictions on further develop- ment would ensue. For a practic.1 matter, also, property is located on the east side of Route 9, Old Hopewell Road, is not suited or intended for that from use as proposed. Route 9 is a heavily travelled highway and has distractions, and I believe that you would not want research there. You want quiet and tranquility for research, not the hustle and bustle of heavy traffic. I believe, when the hearing opened, and the letters were read, that I heard correctly, that the Town of Wappinger's Planning Board also recommends that this property, located on the east side of Route 9, north from Osborne Hill Road, which is proposed to be zoned -34- R-20 or OR -10A, and HB -1A be placed in the HB zone. So, your own experts in the Town of Wappinger feel that the proposal is wrong here, the same way we do. In addition, I have one other, further comment. The Town of Fishkill sent this Board a letter saying that the zoning on Route 9 from Myers Caner Road, south should not be Highway Business, but rather residental. And, 1 think that a year or two ago the Town of Fishkill also went through re -zoning, and they had proposed. that property on either side of. Route 9, especially from Route 52 south to the County Line, be re -zoned from commercial to residential. However, when they had it put to public hearings, and they heard the comments of the populace, they changed their minds, and made it back into commercial zones. T think the proper zone for this particular parcel of property is as presently zoned, which is Highway Business. T will certainly address a letter to Councilman Johnson, and Councilwoman Reilly, on this. Thank you. I think Dr. Wang, himself would like to address the Board too. SUPERVISOR DIEHL: Dr. Wang, you have some questions, or comments? DR. WANG: -35- Thank you. Mr. Pergament represents me, but I still have some comments I would like to say, and ask some questions. If you go over the zoning on Route 9, you'll see it is really only suited for business zoning. If you were to go over it, you would see it is only business zoning concentrated on Route 9, but Route 9 is busy, and everybody knows that. my land which I just bought, and I paid commercial price for it, a high price, and also the former owners, Charlie Johnson, he was in the business, and still is in the business for 27 years; and we pay business taxes, almost $30,000.00 for the property. But, if you look at the map, all proposed zoning along Route 9 is shopping centers; all along Route 9, tut under present zoning my land and my neighbor's are Highway Business, one acre, but you want to change it, to OR-10A. You want to kill our land. We will lose money, and our property. But the Town will also lose money. SUPERVISOR DIEHL: All of this will be considered. It is very possible that that last line drawn there, was drawn slightly off. We will definitely look it over, and re-evaluate the situation. There is a question that the line may have been moved, and is not shown correctly on the map. We realize that it was previously Highway * Dr. Wang spoke with an accent, and he might have said "If I lose the business ..." instead of what's transcribed. -36- Business, and now it's scheduled to be re -zoned to Office Research. We will look it over. This is one of the questionable cases that we were aware of. Your attorney will address that to us, in a letter, and it is in the record, that you've objected to the re -zoning, and why. DR. WANG: I appreciate the Board Members considering that for myself. /I lost a business in the Town of Wappinger Falls, and the Town will lose. This is the best'business area, and OR -- Office Research is really not good there. Who would build an office on three acres? How can you have an office there? SUPERVISOR DIEHL: We understand what you are saying, Doctor, and we will look into it. DR. WANG: I want the Town Board to consider this, to not take away our property. I'm from a Communist Country where they took property away from me, and now the Town of Wappinger wants to. SUPERVISOR DIEHL: No, Doctor. You will have all due consideration given to your situation, I assure you will have all due -37 - consideration given to you. DR. WANG: Thank you, very much. SUPERVISOR DIEHL: Continuing, then, with the same row? Yes, sir? Your name, and address, and who you represent, if you do? MR. GILHULY: Eugene Gilhuly. I am an attorney representing MegTam Corporation. I thank you for being gracious enough to accept and read the letter submitted this evening. The only thought I have to add is that I don't think we should go into the letter since it speaks for itself, but we would request a change of the designation to General Business, or give those qualifications in permitted uses under the General Pusiness section to that area being used now technic- ally and properly, as General Business. It is down there on the map, at the bottom, near the crease. Its uses will be non -conforming, and will be denying us the right to conduct business there. Thank you. SUPERVISOR DIEHL: Yes, Mr. Rawlings? MR. RAWLINGS: -38 - Robert Rawlings. I own Robert's Running Creek Mobile Home Park, Montford Road, Wappingers Falls. I think -- many times, when I think about zoning I get negative. But, for once, I want to thank you, and presumably it's two individuals, Mrs. Reilly and Mr. Johnson, who were involved in the development of this most recent re -zoning plan. I think, at least in terms of mobile home section of the plan, that you have done a good job. It is quite comprehensive. But, I do have a question, which I would like to address to you, now. In terms of the mobile home section of the proposed ordinance, Section 443, whould any part of the ordinance pertain to existing mobile home parks? SUPERVISOR DIEHL: Councilman Johnson's indicated to me that he will have to check that out. MR. RAWLINGS: Carry it one step further, then, does it pertain to new developments? SUPERVISOR DIEHL: If there is a specific question, submit it in writing to the Board. MR. RAWLINGS: Okay. Rather than going into all that here, I will -39 - submit it, in writing, to the Town Clerk. That's all I have to say. SUPERVISOR DIEHL: Continuing, then -- COUNCILMAN JOHNSON: Generally it applies to new ones, but not you as an operator, to change your present mobile park to conform to those provisions. Is that your question, sir? Is that what you're asking? MR. RAWLINGS: Yes. SUPERVISOR DIEHL: Allright. Continuing, then, your name sir? MR. PALMATIER: Edwin Palmatier. My property is next to Sunset Knolls, and also always has been HB, as far as I know. I pay commercial taxes on it now, and you want to change it to ten acres. I don't have ten acres. So I object to the change. SUPERVISOR DIEHL: That appears, certainly, to be one of the problems. Please, sen us a letter on it, and it will be considered. There is a question as to the lines there because it is the same thing on Old Route 9. We are familiar with it. Continuing? -40- i,'IR . GUARINO: Roy Guarino, ^.11 Angels and Route 82. ve have gone through the same thing, the same way. We've got eight acres of land, which has always been zonedfor business, and last time you hadit left as business but now it's been cut, again, part is local business and the rest is residential. Since the last time I was here, T was told that it would stay that way, and I am in the process of buying some from the Town on Route 82, which is fifty by one hundred, so I can put a business on that, for my retirement, which is now. That is my objection. I know, I should write a letter to the Town about it. COUNCILMAN JOHNSON: Yes, please, with specifics. SUPERVISOR DIEHL: Yes.. sir. In the yellow shirt. MR. CORTELLINO: Charles Cortellino. I have some questions concerning definitions. Referring to Section 421, the Farm Section, r:umber eight; you don't give minimum size, but on the farm you are permitted to have temporary retail stand, on the street. Now, Section 421 includes nursery and greenhouse, but that is not defined. And, under greenhouses, you are referring to conservatories -41— and greenhouses should be permitted to sell. Then under the definitions, "garage, public" uses the words, a building "used for storage, care and repair of motor vehicles" and "sale of motor vehicle accessories" and "sale of motor fuels". Put, if he is not selling motor fuel, would that still be considered a public garage. The way it reads, that is a condition for public garage. The definition of "family" is ambiguous. Tn that you've grouped together "agroup of related individuals or not more than four unrelated individuals living and cooking together as a signle housekeeping unit". And "afoster home under the jurisdiction of a public agency, shall be considered a 'family' ..." Now, under the second sentence, does that mean no more than four people can be in a foster home? That's the question! Maybe it does not have to be defined, but it is ambiguous, the way I read it. COUNCILMAN JOHNSON: Write a letter please. MR. CORTELLINO: That figures. Okay. SUPERVISOR DIEHL: Continuing, then? Yes, sir. Your name, and address, please? -42 - MR. SHERMAN : Jonah Sherman; 'yers Corner Road, Wappingers Falls. The definitions are also something I amconcerned about. Also, the purposes as spelled out in the Town of Wappinger's proposed zoning code. Section 107 says "To protect and conserve the value of land and buildings ... of all parts of the Town". Are you talking about providing suitable recreation areas? If so, you don't define "recreation". You also don't define "Planned Industrial" areas. Yet that's discussed in the proposed zoning code; and particularly when you talk about those surrounding R-20 residential zones in the Town, like Fairchild, on Myers Corner Road; and the Angel Brook areas, which are completely surrounding by R-20 single family residential zones, and planned industrial zones were initially established to provide job opportunities and a tax base, with very highly restricted guide lines and uses. I feel that the new zoning code, or ordinance, liberalized those uses without giving definitions of what recreation or amusement consist of. For example is disco dancing considered amusement or recreation. I feel that the definitions have to be clarified and tightened in order to be fairer to the people of the Town. who purchased homes, knowing that they are adjacent to PI areas; that they should be suitably protected by not -43 - liberalizing the uses for PI areas. But, you should tighten them. I feel that if you continue to loosed the restrictions, uhe Town and Town residents in part- icular, will find themselves in the same position as developers of proposed athetic and recreational facil- ities have found themselves recently, in that they were not able to mortgage the property because of the restricted uses on the property. In turn, I think, household residents will soon find that they will not be able to get adequate mortgages on their properties because of the uses of the adjacent properties being liberalized. Mr. Johnson, has stated, that the Ordinance will "attempt to maintain a semi -rural atmosphere of the Town of Wappinger". I believe that the liberalization of the uses of PI areas in the Town will not "maintain a semi -rural atmosphere". Thank you. SUPERVISOR DIEHL: Thank you, Yr. Sherman Anybody else? Yes, Frank. PTR . VERSACE: Frank Versace, Oakwood Knolls. I would like to refer to the book, Page 44, Section 426, entitled Recreational Use Development. Mr. Sherman -44 - has indicated what recreational uses and planned indust- rial uses, and I am more concerned, although I am concerned with that, I am basically concerned with the awarding of Recreational Ilse -Development, Section 426.1 entitled. Legislative Findings and Purpose. Permitting such a recreational zone does not take into account, does not allow protection for the established home owners, and with that type of ordinance a person would normally buy a residence, hopefully to get away from commercial enterprise, to live, supposedly, in a rural atmosphere in a dvelopment which is basically that, in the future. If there is vacant land along side of the specific area, the Town has the right if application is made to allow some type of recreation, in the specific area; and the Town already has passed such a type of zoning along Route 9, in which Sheridan Fnterprises were involved, I believe, and it seems that they have foundout that they can not receive money from the bank because of the restrictions on the type of zoning, and it is not beneficial to anybody coming in. They would be placed under a "floating" recreational zone, and it would be a handicap financially. This type of zoning should be stricken from the books entirely. Tt has been proven that it does not work. I don't see why we should carry it on our books. -145 - SUPERVISOR DIEHL: Thank you, Frank. Yes, sir? MR. HENCKE: W.R. Hencke -- H -e -n -c -k -e -- 40 Ervin Drive. I have several editorial comments, and one philosophical comment. I will address the Board, ly first saying that I a.rn not a farmer, and don't plan to be one, but there are many towns which are antagonistic to farming. In your proposed ordinance, Section 421 which requires the use of a fully enclosed structure to house commercial vehicles, and limits themto three, and not lees than one acre of land avalaible for each animal. That's absurd. I would recommend that it be rewritten to specify large animals at one-quarter acre, which is much more common; this would be more specifically for a chicken farmer, and something like that. And, ,ou then required "all animal feed is stored in rodent -proof containers". That's not operable. You can not store alfalfa in that type of container, the volume is too great, if you are feeding animals. My other comments are editorial, such as concerning the definitions, for example the "ringelmann Smoke Chart" method, called for, will not be suitable for common non -colored gases, which is not containing solids. -46- It will not measure those. I think that that needs rewording, and reworking. :^nother example, of the definitions: "Toxic or Noxious Matter", I would recommend striking out the phrase "by chemical means". You don't care what the means are, if something is toxic or noxious, a.nd harmful it limits the amount of oxygen by increasing the amount of carbon dioxide. At that .point who cares if it's physical or chemical. If it results in death, that's physical. Text is signs, Section 416.4 "Sign Regulations In Residence Districts". .And, 2ubsection 416.41 says that no sign shall be illuminated, which effectively prevents you from illuminating your house numerals, which, I am sure, is not the intent, but that is what it says. That can be clarified. Section 443.541, under "Heating" it says "No space heating equipment or portable fuel burning equipment shall be used in any unvented, confined enclosure". 1'..ga.in, I am questioning the intent. COUNCILMAN JOHNSON: What What section is that again? MR. HENCKE: Section 443.451. And, also section 483.33 entitled "Maximum Permitted Emission of Smoke" which says that "there shall be no measurable emission of smoke, r_:as ..." _47_ We are now at the point where we can measure down to less than parts per billion, and parts per billion are generally deemed, inmost cases, not for extremely toxic substances, and to be non -pollutants by normal federal and state definition. And, so long as you can measure it, we can not emit it, and the techniques are getting into hundreds of parts per billion. I think that that is inoperable as written. And, the term "gas" appears there, without further definition. The matter needs further amplification, because of emissions of pure carbon dioxide. Section 483.343, as written, prohibits a farmer from plowing his land because he is creating dust. I am sure that that is not the intent of the Board. Similarly, Section 483.4 "Odorous Matter" really gets into the digs at the farmers, and apple orchards. If you can detect odors emitting from the building, it's outside the building, but the question here is what is noxious. Is the smell of apples noxious? That should be clarified. One more thing, Section 483.134 "transient noises of moving sources such as automobiles, trucks, airplanes, and railroads." Maybe it's ignorance on my part, but very brief, transient noises, like automobiles, are exempt from the noise ordinance. ^.re they covered by -48 - some other section of the ordinance? For example, rotor vehicles operating without mufflers. Are they covered? SUPERVISOR DIEHL: They're covered by the noise ordinance. COUNCILMAN JOHNSON: Would you give us a list of the Sections of the Ordinance you've referred to, please? MR. HENCKE: Yes. SUPERVISOR DIEHL: rhank you. We will now take a five minute recess for the Reporter to put more paper in his machine. [RECESS DECLARED AT 8:30 P.M.] [RECESS TERMINATED AT 8:38 P.M.] SUPERVISOR DIEHL: The Public Meeting -- Hearing, is called back to order. The record should reflect that all Town Board Members, Officials, and principals, ,,rad the Attorney to the Town, are present. At this time, I had a request that the radio operators be permitted to identify themselves for the -4g - record, at least, since their principal, Skip has spoken, and they just want to record that they are supporting what Skip's said. So, if you'll state your names, and address, that is the radio operators ... MR. HARRIS: Bob Harris, Southern Tier REACT, CB group out of southern Dutchess, and I would like to see Section 483.7 stricken, and 414.8 -- height restrictions of antenna to at least conform to the Federal regulations. SUPERVISOR DIEHL: Please, just state your name, and affiliations if any, and whether you concur with Skip or not. MR. NETZGER: John Metzger, and I concur with Skip. MR. KUTKAU: Al Kutkau -- K -u -t -k -a -u -- and I concur too with Skip; and I'm part of MARSA Affiliated Radio System MR. BLONDER: Howard Blonder, and my concern is that we are duly governed by Federal regulations and no local ordinance should pre-empt those regulations. And, I concur with Skip. -50 - MR. WHATHAM: Dick Whatham, and I am involved with Civil Defense, and I support Skip. MR. ZENNER: Francis Zenner, Director of Amateur Beacon Radio Club; and I support Skip. MR. KALINOWSKI: Don Kalinowski, I'm an amateur and Manager of the Hudson Valley Net, Public Service operation in the area, and I concur with Skip. MR. CARLOS: Paul Carlos, Radio Amateur in Wappingers_Falls. I concur with Skip. MR. RUMSEY: Doug Rumsey, Wappingers Falls, Southern Tier REACT, and I agree with Skip. SUPERVISOR DIEHL: If that's it, then we will continue with the others who have not spoken, who wish to address the Board? Yes, Warren? MR. STROHM: Warren Strohm, Pine Ridge Drive, Town of Wappinger. I've a question and comment to make. First, is as to the "Sign Ordinance", in reading it through, I find that -51- the proposed section is an improvement over the prior section of Ordinance, or current Ordinance. But, I have noticed in Ulster County, especially, for some time, that there is a growing number of advertizing signs on trailers, small trailers, with signs perhaps eight feet wide, and eight feet high, and very well illuminated with flashing lights. My question here is does the ordinance address that type of situation, with the flashing lights I know it does, but as to the mibility of the signs, I don't know if the ordinance specifically addresses that situation. I suspect that the ordinance does cover the situation, but since it is growing in popularity, at least in Ulster County where I currently work, and recently, on Route 9 I noticed a store using these signs. Now, I don't know if it conforms, or not, with the current ordinance, but I thought I would call it to the Board's attention, since it appears to be growing in popularity. The question has to do with some of your types of developments along joint ownership lines. It appears that the Ordinance does not address the situation of joint ownership being permitted -- since it did not come through clearly, to me, the wording as to what happens if one of the joint owners decides to call it quits after the development is partly constructed? -52- SUPERVISOR DIEHL: Can ybu be a little more specific? MR. STROHM: For example in PUDs and RD areas, where it is allowed that several property owners join together meeting all requirements of acreage, etcetera, make application to construct a specific PUD or houses, or whatever, it's not clear to me if the application is approved, and construction begins, what happens if one of the joint owners were to decide to back out? It seems like it might be providing exposure unless it is an incorporated entity. I don't believe that situation was included in the ordinance. In other words, if there are several, legal, owners it increases the likelihood that one or more of them, like I say, may back out. SUPERVISOR DIEHL: Councilman Johnson recommends that you put it in writing, with specifics, and he will then address the question. MR. STROHM: Other than that, I wanted to say that I approve the regulations as part of the proposed ordinance and recommend approval. I am not overwhelmed with the Map, itself, but that does not show much improvement -53-- over the last version proposed. I think that the Town Board should approve it. I think the regulations part has much to offer, after the problems brought up are worked out. I would like to suggest that for the convenience of the residents, that the meetings be held during a period other than vacation time. Also, the legal notices, as published, were pretty hard to read; maybe in the future some copies with larger print could be made available, at a price so that we can purchase them, with something of a more normal print. That would make things a little easier too. SUPRVISOR DIEHL: There were a supply of maps at the Town Hall, you know. Moving along with the second table-row? Joe Incoronato? MR. INCORONATO: Joseph Incoronato, 14 Ronsue Drive, Wappingers Falls. The Dutchess County Planning Department apparently ruled that the development of Route 9, provides an excess of commercial and development, that is ten or twenty times to be developed over the year 2000. And, -54 - Ron Brown of the Fishkill Planning Board who also served on the 1990 Plan, takes the position that there is too much HB -1 and 2 and an impediment to traffic; and you can see it weekly, when going from the Village, north to Poughkeepsie. If you were to develop, the ultimate potential of your plan, you will have hundreds of parcels HB -1 and HB -2 feeding more blockage, and traffic jams, into Route 9. So, I guess the question these gentlemen seem least, that the plan I am posing tonight, and both to have suggested it before at you are providing, or proposing, contravenes and contradicts the massive development plan proposed by Fredrick Clark Associates, your highly paid consul tants. I wonder about the legal implications; and the second legal problem is that I question if this is considered under State Environ- mental Review Act of 1978, where it's stated that there is to be a determination made by the Town Board as to whether this was compatible with the SECOR; and isn't an Environmental Impact Statement to be made in conjunction with this, and anticipation of the Zoning Ordinance. SUPERVISOR DIEHL: Not to my knowledge. MR. INCORONATO: -55 - The law clearly states that an Environmental Impact Statement has to be considered under SECOR regulations, and I don't know if that is -- COUNCILMAN JENSEN: It may have to be done before the Ordinance is adopted. MR. INCORONATO: And, also in anticipation to Public Hearings I think. I am not an expert at it, but that is probably what has to happen. SUPERVISOR DIEHL: Have you a record of that, to look into? COUNCILMAN JOHNSON: Yes. SUPERVISOR DIEHL: Then, continuing? Table three? MR. SOKOL: John Sokol, Route 9, Wappingers Falls. On Route 9, south the Board should consider that parcel being the only one on Route 9 having anything to do with OR -10 acres. Would you like to reconsider that? Maybe make it all HB -1? SUPERVISOR DIEHL: You're in the area of Sunset Knolls? MR. SOKOL: -56 - That's right. SUPERVISOR DIEHL: All right. We understand what you're saying. We will look into it. Yes, sir? MR. CORTELLINO: Charles Cortellino. I just want a clarification on the definition of "sign" it says "any structure or part thereof, or any device ... material or thing ... which displays ... any numeral, letter, work, model, banner, emblem, light, device ..." -- I've not read the entire paragraph -- but as I drive along Route 9, I see unmarked banners, with lights on which provides -- quoting -- "visual communication to the general public out-of-doors, ...". For instance, without picking on any one car lot, but it is typical to see yellow banners strung around the entire lot. My question is, is that considered a sign, under the definition of the new ordinance, or is it just an attractive nuisance? This is a question, and not an objection, nor am I approving the ordinance. SUPERVISOR DIEHL: We'll have to look into that. Next speaker? Yes? -57 - MR. FANUELE: Victor Fanuele; Section 450 "Site Development Plan Approval" specifies that plans are to be submitted to the Zoning Administrator. At the present time we submit them to the Planning Board's Secretary. I wonder if you really mean that change. Section 450.3 refers to the Zoning Administrator in place of what it was; and 450.2 refers to the Zoning Administrator instead of the Planning Board's Secretary. I just wonder if this is really what is intended. MR. LANDOLFI: Joseph Landolfi, 24 Wildwood Drive. My question pertains to Section 421 "Permitted Principal Uses in Residential Districts". In today's worsening economy we see increasing uses of the home for business, and what I am suggesting, as part of the Zoning Ordinance, perhaps the Zoning Board may consider it right now, for instance in an area of 20,000 square feet, you can have a nursery. Perhaps the Board might consider raising that to deter some activity. That's an area we should really look at. Each month the Zoning Board is faced with requests and right now, again, the law does allow all kinds of activities, which the people here this evening are -58 - not even aware of, that they can have in their own neighborhoods. SUPERVISOR DIEHL: Thank you. Continuing with Table three? MR. HAAS: Bill Haas, Wappingers. I guess it's not a question, but a comment. We are all aware of what strip zoning can do to the community, and my question -- that's what it is -- is Clark Associates' proposal was given in '74, I think, and it was approved. My question is, is there anyone on the Board who can address the rationale as to why we've changed that proposal? Are they arbitrarily changing it? What's the rationale for it? SUPERVISOR DIEHL: The prior one was done by Clark Associates, and it's being revised. The former plan is being revised. This revision is deing done by them. MR. HAAS: What was the original recommendation? Did they make that up? SUPERVISOR DIEHL: During the process, various input and output went into the plan, and it went in and out. Changes w were made here, and in the past five years. -59 - Are you suggesting that Clark Associates recommends strip zoning? MR. HAAS: They've proposed what's before us tonight. I am not saying that they are recommending anything in one form or another. In the original, they show in the map specific areas for recreation, and I don't see it on this new, proposed, map. Is that because they can not show it on the formal map versus the original recommendations? COUNCILMAN JOHNSON: I didn't catch that. COUNCILMAN JENSEN: The Development Plan, is what's referred to now? SUPERVISOR DIEHL: Yes. MR. HAAS: Yes. It showed a road proposed, and recreational areas, and when the builders go in to put in their developments, you have to make arrangements for the recreational areas, and you can not show it on the map, is that it? COUNSEILMAN JOHNSON: We can not anticipate what the Planning Board, and the Recreation Department will chose or approve as -60 - land for recreational purposes. What Clark Associates did, at that time, was put things that might look good as recreational areas, but for technical reasons it was objected to, and we can not show it because it is not practical to do so. SUPERIVSOR DIEHL: The question as to recreational areas will be taken up on individual basis as each development is applied for. MR. HAAS: Thank you. SUPERVISOR DIEHL: Mr. Fanuele, again? MR. FANUELE: One thing, as to Section 450 "Site Development Plan Approval". There is no provision for public hearings to be held. I would recommend that we retain the requirement for holding public hearings. COUNCILMAN JOHNSON: What Section? MR. FANUELE: Section 450 "Site Development Plan Approval". There's no provision for public hearing, or any requirement for it. SUPERVISOR DIEHL: -61 - Thank you, Vic. We'll look into that, too. Let's see, we've covered tables one, twq three? table four? MRS. HIRKALA: Janet Hirkala, North Fowlerhouse Road. I can not believe that in all this time, all you've come up with, all we came up with, since 1975, as part of the Zoning Commission, is this. And, as far as the map is concerned, it is still the 1963 map. I think the whole thing is a sham. SUPERVISOR DIEHL: Anyone else at that table? Yes, sir. MR. HIRKALA: Mike Hirkala. Again, it's the same thing all over again, as far as philosophy is concerned. Mr. Haas' comments, and questions, as to Clark Associates' recommendations as to the particular plan, and I think, if you can remember, back at the last public hearing, it was the same thing, pretty much the same proposal and map, and ordinance, that Clark worked up at that time. And, then, Dave Portman said it was not his proposal, but that he put down what somebody told him tp put down. And, I believe his comment was that he could not put their reputation behind the proposal, -62 - such as that one, the original proposal, and then that was changed by the Board, and we have never received comments from the Town Board as to why the changes were made. And, as far as the map is concerned, I have to concur with what my wife has said. This is the 1963 map, and there's been nothing done to upgrade it. The latest planning concepts were not included. And, Section 105 says, under "Purposes" that it is "to promote the most beneficial relation between the use of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion of streets and provision' of safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings throughout the Town." Now, there's no objection to that, but can you tell me how that relates to mass transit, and energy conservation in today's world? How do you expect to have efficient mass transportation when Route 9 will be all stop -and - go, from one Town center to another. I think it is time that the people of the Town, and the Town Board, and in particular the Board, think about the fact that the location of the Town does not lend itself to large commercial use, due to the fact that there is a large -63 - commercial uses in the northern -- to the north of us. And, we didn't ask for Route 84 in Fishkill, but that is where it is, and Route 9 and Route 84 intersection is something we'll have to live with. I think that this particular proposal does not recognize that fact. In conclusion, I think possibly that this plan is what we had before. And, my comments, at this time, are probably the ame. There's no thought in it. The only thing there is, is existing pressur group zoning. Period. SUPERVISOR DIEHL: Yes, sir. You wish to say something else? MR. HAAS: Yes. Bill Haas. 42 Ervin Drive. For the vow - record, you said that this is an official proposal done by Clark Associates, as to what they say the Town should look like? SUPERVISOR DIEHL: That was drawn by them with input from the Town. MR. HAAS: But, it's not a proposal by Clark. It's a comp- ilation of input from various agencies and individuals within the Town? Were they given carte blanch? SUPERVISOR DIEHL: No. They were not given carte blanch. MR. HAAS: -64- This was from input given to them, and they produced this? SUPERVISOR DIEHL: That's correct. They were not given carte blanch. Continuing, along? Anybody else? Yes, sir. MR. AMBROSIA: Vincent Ambrosia. My property, here in Wappingers, is 1000 feet south of Hopwell Road, and I want to join Mr. Palmatier, and the others in Sunset Knolls, in that I am opposed to the change of HB -1 to OR, especially ten acres, because I only own two acres. There are many other reasons too, and I will put them into a letter. SUPERVISOR DIEHL: Anybody else? Hearing and seeing no other people wanting to comment, I will entertain a motion to close this public hearing. COUNCILWOMAN MILLS: So moved! COUNCILWOMAN REILLY: Seconded. SUPERVISOR DIEHL: All in favor? COUNCILMAN JOHNSON: Aye. COUNCILWOMAN REILLY: Aye. COUNCILWOMAN MILLS: Aye. COUNCILMAN JENSEN: Aye. SUPERVISOR DIEHL: Aye. This meeting is closed! [9:01 O'CLOCK P.M.] -00000- CERTIFICATION -66-- 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 Wappinger Junior High School Cafeteria, Remsen Avenue, Wappingers Fall, Dutchess County, New York, in the matter of AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE TOWN OF WAPPINGER, on Tuesday, June 26th, 1979, at 7:00 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 attorney for, any of the parties connected with the afore- mentioned hearing, nor otherwise interested in the testimony of the witnesses. DATED: July 10th, 1979. PHILIA `"STILLERMAN, RPR OFFICIAL COURT REPORTER