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2003-04-14 RGMMonday, April 14, 2003 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to the Flag Public Hearing: • Local Law: Eliminating Minimum Age of Building Requirement for Accessory Apartments • Local Law: Atlantic Mortgage Rezone • Local Law: Comprehensive Plan Amendments — Reclassify recommended land use from Industry to Residential One to Two Acre for 25.32 acres located on the south side of Maloney Road, approximately 400 feet east of New Hackensack Road • Local Law: Amending Zoning Law and Map for Property Off Maloney Road Suspension of Rules for Public Comment on Agenda Items Discussions: Fleetwood II Map Plan and Report Wappinger Park Map Plan and Report 99-2R CWWI Water Loop Water and Sewer Survey Resolutions: 2003-109 Resolution Correcting Awarding Contracts for Highway Department Supplies 2003-110 Resolution Amending Rental Rates for the Highway Department 2003-111 Resolution Authorizing Zoning Inspector to Attend Course 2003-112 Resolution Awarding Bid for Recreation Department 2003-113 Resolution Authorizing Escrow Refund for 26 St. Nicholas Road 2003-114 Resolution Authorizing Escrow Refund for 1141 Route 82 2003-115 Resolution Authorizing Purchase Order for Martz Field Dugouts 2003-117 Resolution Adopting Local Law, Amendments to Town Code for Accessory Apartments 2003-118 Resolution Adopting Local Law Amendment of the TOW Zoning Map (Atlantic Mortgage) 2003-119 Resolution setting Public Hearing for Comprehensive Plan Amendments to Reclassify the Land Use from Industry to Residential One to Two Acres for 25.32 Acres located on the South Side of Maloney Road, Approximately 400 Feet East of New Hackensack Road (Nesheiwat) 2003-121 Resolution Authorizing Appraisal and Negotiations for Purchase of Chelsea Cottage Land Marina 2003-122 Resolution Authorizing Enforcement Executive Session Bostwick Discussion 99-2R Cell Tower New Business/Comments Adjournment TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW OF 2003 AMENDING THE TOWN CODE SECTION 240-53, ACCESSORY APARTMENTS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 28, 2003, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2003, Amending the Town Code, Section 240-53, Accessory Apartments on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLO J. MGRS Town Clerk Town of Wafnnm4er Sworn to before me the / r day of ,2003 NOTARY ERTs PUBLIC State of ew York Commission18Fxpires Feb. 8, 20County G 0290 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 14th day of April, 2003, at 7;30 PM at the Town Hall,, 20 Middlebush Road, Wap- pinger, New York at which time, ail parties 1n interest and citizens shall have an opportunity to be heard as to =the Town Board of the Town of Wappinger shouldamend and revise Section 240-53, Accessory- Apartments to eliminate the minimum age' of building requirement for accessory apartments. of the as,"SEORA") via Local Law',' No:. 6 of 1999 (the Town's'` environmental quality review law which designates local '. Type 1 actions. _ _ NUlict tnat_the sown Board has reserved 'its right' to make its Determination of Significance = pursuant:. to SEQRA until the conclusion of the Public Hearing to be '. held on the adoption of the proposed amendments._. PLEASE TAKE FURTHER, NOTICE that the full text of the draft Proposed amend - m: will be available for review and inspection at the'' office of the Town Clerk on ` weekdays from 8:30 AM to 4:00 PM. DATED: 3110103 BY]ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk 0645 State of New York County of Dutchess City of Poughkeepsie jeaAnle Beret 8-- —, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year --2-&93 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for weeks successively, in each week, commencing on the 2nd April day of 2003 and_ thereafter, namely on: on the following dates And ending on the 22ncl April — day of 2003 oth days jnclusive. % bscribed and sworn before me this/ day of , 200 Notary Public cor>tnt s_ion expires r . S0UTHERN DUTCHESS NEWS 9E�C0N FREE PRESS 84 EAST MAIN STREET WAPPINGFRS FALL$, NY 12590 je�i -=-=���W 5- 17- ������C-- �� -It- -1 <--). T-1 To: WAPPINGERS FALL'S, T0WN P.0:, 8011 324 W�PPIN�ERS FALLS, NY 12590 Legal notioe, #56931 5tate. (7)f NEW Y 0 R K ! } s!;: County of DUTCHESS \ I, TINA HEATH, heinQ duly sworn" depose and NOTICE OF PUBLIC HEARING eay: that I am the R0CKKEEPER of Southern AMENDMENT OF THE TOWN Dutch�s-s New�" a weekly newspaper of general TOWNOFWAPPINGER ciroul�tinn published In WAPPIN8ERS FALLS, NOTICE IS HEREBY GIVEN the Town Board of the.Town of Wappinger will County of DUT(-HE5S, State of NEW YORK; and conduct a Public Hearing on the 14thday of Apr# 2bo� at7:36 PM it the Town th�t a nntioe, of which the. annexed is a rk, at which tim% all parties In, printed onpy, wes duly puhlishod in SouthearO =and citizens shall have an op - portunity to be heard as to whether the Dutc.he--,s Newe nnce on 04/02/03. t6w� Board of the Town of Wappinger 53, Accessory Apartments to eliminate the minimum age of building require. i ment for accessory apartments. PLEASE TAKE FURTHER NOTICE' 'suant I" Article'd of the Environmental' of April, 2O03 �worn tn hefnre me fhln 3r� �ayLocal Law No� 6 of 1999 (the Town's .1 enviho6me6tall quality review law 41ch '.claslgnateslooalTypal actions). 'PLEASE TAKE FURTHER NOTICE' Npt-ary Puo thal disTawn Board has reserved Its right xLocnT M. n$Tcmpursuant to SEQRA (intil the conclusion of the Public Hearing to be held on the: I NOTARY Ponuo. u7p[ Or NEW YORK adoption of the p6p&sed amendments. 0uAunEo/w omxxcm mumr 'LIPLEASE TAKE FURTHER NOTICE 1 �l4'824O76o- L th it the full tex(of the draft proposed oowumnwxmnnsx �JN � � �MM� �,' 04/14/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on April 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending the Town of Wappinger Zoning Map (Atlantic Mortgage Bankers, Ltd.). Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived 7:35 p.m.) -- Christopher Colsey, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Joseph Paoloni, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. Town Planner, Dan Wery explained that the property is currently zoned R- 2F a half acre property on the west side of Route 9 just south of Smithtown Road. The property has been recommended for Highway Business or Commercial in accordance with the Town Comprehensive Plan. Because the property is undersized, the proposal is to restrict it to a 6,000 square foot office building that would have a low turnover to that helps reduce the amount of parking requirements. Richard Cantor, Attorney representing Constantino announced that this matter was made at the request Atlantic Mortgage Bankers. It comes with the recommendation of the Planning Board and if the Board votes to change the zoning there will also be a contract agreement between the applicant and the Town which will permanently restrict the property to the use category known as professional banking business government or other offices and will permanently limit the size of the development to 3,000 square foot with the principal building total of 6,000 ft on two floors and includes an obligation on the part of the owner to connect to public water and sanitary sewer as such time as the service becomes available. Mr. Paggi announced that there would be no negative impact associated with this rezone. 04/14/2003.PH Councilman Bettina moved to close the Public Hearing seconded by Councilman Valdati and unanimously carried. The Public Hearing closed at 7:38 p.m. Gloria J o s Tow lerk 2 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW OF 2003 AMENDING THE ZONING MAP OF .r. THE TOWN OF WAPPINGER FOR PROPERTY ON ROUTE 9 STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 28, 2003, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2003, Amending the Zoning Map of the Town of Wappinger for property on Route 9 on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. c? GLORIA J /"M/RSE' Town Clery, / Town oft*appinger Sworn to before me the day of 52003 ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County �mn).�s.ian Expires Feb. 28, 201 0290 Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 14th day of April, 2003, at 7:30 PM at the Town Hail, 20 Middlebush Road, Wap- pinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wapppinger should amend the Zoning Map of the Town of Wappin- ger to • rezone a 0.52 -acre parcel to HB Highway Busi- ness, PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I Action pursuant to Article 8` of the Environmental Con- servation Law; Part 617 NYCRR (commonly known as "SEQRA"). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its'right to make its Deierminatlon of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amend- ments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: March 10, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk 0644 State of New York County of Dutchess City of Poughkeepsie Jeannie._ Barette , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2003in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for weeks successively, in each week, commencing on the 2nd April. day of 2003 and on the following dates thereafter, namely on: And ending on the 2nd Agri! day of 2003 _both days }nclusive. Xubscribed andsw�rn to� fore me this day of Q�� 2003 IVI}� commission �Xpires Notary Public C:?t)l.a I I' FRN Dt..J 1 C X1`..;1.'1 RF.At 0[,,I FRF: F P R F S 84 FAST r-1 A 11 N !:,TRFET I,,IAPPTNG.ERS FAI...I.. S ; NY 1.2590 -F 5_ CA a _% -F-_ C --)o -F F=' k i "._l_ _ _ 4� 4. t_ .-i_ a"a 211 1y,>u I,,IAPPTNGFR5 FAI.I_. ,; T01,11N I;,IAPPTNt=;r` R'S Ftil.._I..S ; NY 12,590 �1a I.... t?: •:dal. n(:)t:.;l c( e #5)6`:3'.10 N F. I,,I Y iW } T- TINA HEATH; heT)-Ia 0.I.1.y sviorn; c�epc-1.-,a a.nH t',II.Rf. T ant t.h ~ RnnKKFF.PFR. csf <-1t.a.t hr:r'n News; a net",i; paper t:'1f general c-:i_r t.i.l.a.t..inrl ptAIDI she:_1 in I,,IAPPTNGFk5 FAI...I_.S t' �tt.nt.y r)f DHTCHESS ; 3t.a.t.e c)f NIEW YORK, anc! t. h a t. a. n r) t. i_ G e,; C) f wh .i. r h t' h e, a. n n e x e. r! .i. S a. n.r_.i..nt.ed c`=r�py; wa.9 (�Iti.l;✓ p1.1.h1. .:;It 41 i.n,out.hern j')I..1.t. he N t,)s once- (7,n 04/02.103., (� L"" S.lxiorn to hefore, me this .3rd day of April, 2003 Nlnt.ary Public, ALBERT M. MEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY # 14.8240760 Lw COMMISSION EXPIRES JUN 15 2003 'NOTICE OF PUBLIC HEARING ;AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS.HEREBY GIVEN the Town Board of the Town of Wappinger wilt conduct a Public Hearing on the 14th to in Lew, Part 617 NYCRR. of the Public Hearing to be field on the adoption cf the proposed amendments. PLEASE TAKE.FURTHER NOTICE that the full taxi of the draft proposed , amendments will be available for re- I view and Inspection at the office of the " Town Clads on weekdays from 8:3o AM to 4:00 P.M. DATED: March 10, 2003 BY ORDER OF THE TOWN BOARD' OF THE TOWN OF WAPPINGER Gloria Morse, Town Clerk GE�� fir' ION GVE�E 04/14/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on April 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Comprehensive Plan recommending Land use from Industry to Residential One to Two Acre from 25.32 acres located on the south side of Maloney road, approximately 400 feet east of New Hackensack Road Supervisor Ruggiero opened the meeting at 7:39 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Joseph Paoloni, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero explained that this Public Hearing is an amendment to the Comprehensive Plan. This Public Hearing is the first of two that has to be filed with this law for the Comprehensive amendment. Supervisor Ruggiero wished to know if there were any questions or comments regarding the Nesheiwat Rezone. Town Planner, Dan Wery explained that this involves three properties on the south side of Maloney Road. The properties are currently zoned AI, Airport Industrial. Two of the properties are very small, and the other is considerably larger. The properties are constrained by slopes and site distances along the road, and industrial development of these properties is not likely. There are restrictions on the property that limits it to residential use. The owners are stuck with zoning that does not permit residential use and deed restriction that only permits residential use. Mr. Wery has prepared draft amendments acknowledging these points and making the appropriate revision amendments to reclassify the recommended land use from Industrial to Residential. There were no more questions or comments. Councilman Colsey moved to close the Public Hearing seconded by Councilman Bettina and unanimously carried. 1 The Public Hearing closed at 7:42 p.m. 2 04/14/2003.PH e ,r" Gloria J. Mo e Town Cl TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER NOTICE OF PUBLIC HEARING TO AMEND THE TOWN OF WAPPINGER COMPREHENSIVE PLAN FROM AI AIRPORT IND USTRY TO R-40 ONE FAMIL Y RESIDENCE STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 28, 2003, your deponent posted a copy of the attached notice of Public Hearing to Amend the Town of Wappinger Comprehensive Plan from AI Airport Industry to R-40 One -Family Residence, on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. v MORIA J.1 Town Clerk Town of % Sworn to before me the / 41 day of 12003 ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Commission Expires Feb. 28, 20:62_1� 11 RRCEI VE APR 1 6 j-11 L4.0.3 rOWN CLERK 0290 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 14th day of April, 2003, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wap- pinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to =the Town Board of the Town of Wappinger should amend. Comprehen- sive Plan to reclassify the recommended land use designation of three contig- uous parcels totaling ap- proximately 25.32 acres to Residential One to Two Acre, which would allow the properties to be subse- quently rezoned to R-40 One Family Residence. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I Action pursuant to Article 8 of the Environmental Con- servation Law, Part 617 NYCRR (commonly known as "SEORA"). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEORA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that a draft of the pproposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from r.a0 AM to 4:00 PM. DATE ]: Marct 10, 2003 BY GAIDER OF THE OWN B, ARD OF THF T(v ;A OF WAPPINGtH Gloria Morse Town Clerk 0643 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 2nd day of April 2003 and on the following dates thereafter, namely on: And ending on the day of 200 both days inclusive. dy�_ r Subscribe d s orn efore me this day of 2003 4"w My commission expires T : Public 0290 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 14th day of April, 2003, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wap- pinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as. to'whether the Town Board of the Town of Wappinger should amend Comprehen- sive Plan to reclassify the recommended land use designation of three contig- uous parcels totaling ap- proximately 25.32 acres to Residential One to Two Acre, which would allow the properties to be subse Guentiy rezoned to R-40 One -Family Residence. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I Action pursuant to Article 8 of the Environmental Con- servation Law, Part 617 NYCRR (commonly known as "SEQRA"). PLEASE TAKE FURTHER NOTICE that the Town j Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that a draft of the pproposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays .from 8:30 AM to 4:00 PM. DATED: March 10, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk: 0643 State of New York County of Dutchess City of Poughkeepsie Jeannie Barette- , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2003 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for weeks successively, in each week, commencing on the 2nd April day of 2003 and on the following dates thereafter, namely on: And ending on the 2nd Ap day of 2003 nth days iKlusive. before me thi/'�` day of 2003 Notary Public Mycommission expires A Public Hearing was held by the Town Board of the Town of Wappinger on April 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending the Zoning Law and Map for Property off Maloney Road Supervisor Ruggiero opened the meeting at 7:43 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Joseph Paoloni, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any comments or question from the audience. There were none. Councilman Bettina moved to close the Public Hearing seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 7:44 p.m. Gloria J. or Town C er TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW OF 2003 AMENDING THE ZONING LAW & ZONING MAP OF THE TOWN OF WAPPINGER FOR PROPERTIES OFF MALONEY ROAD STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 28, 2003, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2003, Amending the Zoning Law and Zoning Map of the Town of Wappinger for Properties off Maloney Road, on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. 0 GIJORIA J. MO Town Clerk //I Town of WaDt Sworn to before me the —& day of ,2003 ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County/ Commission Expires Feb. 28, 20 _` Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION RECEIVED APR 16 9ni3 7 -OWN CLEF3K NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE . TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN the Town Board of the Town ofWappinger will conduct a Public Heanng on the 14th day of April, 2003, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wap pinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to =the Town Board of the Town of Wappinger should amend the Zoning Map of the Town of Wappin- ger to rezone three contigu- ous parcels totaling approxi- mately 25.32 acres to R40 One -Family Residence. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Typpe I Action pursuant to Artiele 8 of the Environmental Con. servation Law, . Part 617 NYCRR (commonly known as "SEQRA"). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of S'gri icance pursuant to SEORA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments.- PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amend- ments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: March 10, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk 0642 0290 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 2nd day of Psi r i 1 2003 and on the following dates thereafter, namely on: And ending on the day of 03 both days inclusive. Subscribed and swo before me this day o 2003 Notary Public t Mr commission expires i!'OTPOi�d� ads C)IJTH F RN F)IJT('HF55 NF'W 8F.ACON FIw,'F.F, PR.FSS IAAPPTNt ER.5" FAI....1...5: NY 1.15 0 aniii -F - _I " r` %,e _I_ t"_ C3 "F F=' 41. t'3 _T =f._ c"-- ,rte_ -t`- _TL t ! X"7 Tr): W A P P T N GF.'r-`,= FAI...I... T 0 W N P (,i :, 8 (-1X 2 4 I,IAPPTNGFR�; FAI..I- c. , , NY 1-2590 r S t;, t.ce c-tf NF.I,.I YORK } (.1C)L)I1t;.y c,f I-)HT(=HF1­)c; NOTICE OF PUBLIC HEARING T - TTNA HEATH, i�t?,7. j1 � duly : (,�li" r n" de j3S7:^,l-? r�.)li"1 AMENDMENTOFTHETOWN CODE =;: ✓: that r AM t:.f"Ii=, RC)C)IS.KE PFS.. of ',�?c)11t.hern TOWN OF WAPPINGER NOTICE IS HEREBY GIVENIhaTown' f 1, t o h t=- F; Nat 1:= : A. I.a,l e t=; k l y n £` inl .s p A C1 P. r Ofu e "1 e - ia, l Board of the Town of Wappinger will conduct Public Hearing on the 14th -. C) . '"� 1,.1. i) �.. 1. 5'; i1 `''• Ci l T'i I,�I A �' H' ,�. N )". ,`� F A I.. 1. c� A day of April 200%at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappinger, [) (Yr .T (^ IIA C= S t. a. f . ? t a F N E I..,I Y (-) R K + ;a. n i i New York, at which time, all parties ire t. l,nl h .1. {'; i the, A. n n e x e �: � is A, interest and citizens shall have an op- portunity to be heard as to whether the �7Y' 1"ltii i?i"'fi)�7Y Itila,;-; ivit.) l ;v` C�1,11�1 I,.1 �.i'tc?c"i 7„ I`I C7f,1.t 17A)" i"j 1, BoardTown of Wappinger end theZoningMapofthe should uida rmendtn i_) N E L .J c: C) T I (': F l) p (1} / t) ' / l . 3 ,.. Ton W rtorezonethreecon- tiguous parcels totaling approximately 25.32 acres to R-40 One -Family Resi- dance. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I Action pur- suant to Article 8 of the Environmental Conservation Law; Part 617 NYCRR (commonly known as "SEORA"). M lel f"i j" >1 to r i t? f o J" e me 't �i `ry '(rd day of Fri P)" 1. I- ;rhos PLEASE TAKE FURTHER NOTICE ,1. 1hetlheTom Board has reserved its right to make its Determination of Significance pursuant to SEORA until the conclusion of the Public Hearing to beheld on the `. t'J i7 t; A. Y y P u h 1- 1, [: adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE , ALBERT K OSTEN that the full text of the draft proposed amendments will be available for ra- NaTARY PUBLIC, STATE OF NEW YORK view and inspection attheoffice ofthe 1 QUALIFIED IN DUTCHESS COUNTY Town Clark on weekdays from 8:30 AM to4:00PM. LW 14.8240760 DATED: March 10, 2003 BY ORDER OF THE TOWN BOARD COMMISSION EXPIRESOF ��U�JUN 1 5 THE TOWN OF WAPPINGER Gloria Morse, Town Clerk 04/14/2003.WS The Workshop Meeting of the Town of Wappinger was held on April 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived 7:35 p.m.) Christopher Colsey, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Absent: Joseph Paoloni, Councilman PUBLIC HEARINGS: 1. Local Law Eliminating Minimum Age of Building Requirement for Accessory Apartment. 2. Local Law: Atlantic Mortgage 3. Local Law: Comprehensive Plan Amendments—Reclassify recommended land use from Industry to Residential One to Two Acre for 25.32 acres located on south of Maloney Road, approximately 400 feet east of New Hackensack Road. 4. Local Law Amending Zoning Law and Map for Property off Maloney Road. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. DISCUSSIONS: • Amended Fleetwood II Map Plan and Report. Engineer to the Town Jay Paggi. explained the area to be covered along Osborne Hill Road with cost for the construction to be approximately $88,500 to be borne by the 24 potential users along Osborne Hill Road. The capital cost is anticipated to be $185 per year per benefit unit, based on a term of 20 years and an interest rate of 5%. Because they are an extension to the district, they would pay 1.1 times the existing Fleetwood rate or approximately $55-$60 per quarter. Prior to an informational meeting with residents Al Roberts, Attorney to the Town will meet with the Village of Fishkill regarding this project. Wappinger Park Map Plan and Report. Mr. Paggi explained that there are 77 existing residential homes and one Commercial Building that would eventually tie in at Cayuga Drive. There would also be twelve business users which would bring the total potential users to 89. It is estimated that the total project cost would be approximately $780,000. The town applied for a Community Development Block Grant last fall and was notified that they were awarded a Grant of $102,150 for this project, therefore the total amount to be bonded would be $677,000. Each new user would pay $346 per year per benefit unit and the typical O&M charge would be approximately $25-30 per quarter. Although they 04/14/2003.WS would incur a new capital charge, the quarterly O&M charge would decrease from $85 to $25-$30, depending on usage. Residents will continue to pay retirement costs on their existing Capital Debt incurred in 1990-1991. Mr. Roberts, Attorney to the Town informed the board that this would be the first new water district to be formed in recent years and before we decide to go forward with the project, we must inform Bond Council and notify all property owners. • 99-211 Central Wappinger Water Improvement Water Loop. Engineer to the Town, Jay Paggi gave a brief introduction regarding the designing and construction of improvements for the Wappinger Water Improvement 99-2(R). He indicated that recent discussions with the Michael Tremper of CAMO have indicated that construction of these improvements may not be in the best short term interest for the residents of the Water District. Mr. Tremper had recommended that we take a look at construction of some distribution loops within the existing system that would better serve the existing residents. Mr. Tremper went on to explain where the distribution loops should be located, and what the benefits of loops could provide. Discussion followed Councilman Valdati moved to authorize Engineer to the Town to prepare a Map Plan and Report, seconded by Councilman Colsey and unanimously carried. • Water Sewer Survey. Jay Paggi, Engineer to the Town explained that the object of the survey is to come up with a data base. Discussion followed RESOLUTION NO. 2003-109 RESOLUTION TO AUTHORIZE AMENDMENTS TO AWARDS FOR CONTRACTS FOR HIGHWAY DEPARTMENT SUPPLIES The following resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. Whereas, the Town Board of the Town of Wappinger awarded contracts for various supplies for the Highway Department at the March 24, 2003 meeting of the Town Board, and WHEREAS due to a clerical error in preparing resolution 2003-104, amendments to the contract rates are as follows: Item Company Rate Adopted Amended Rate 1/ " washed gravel Clove Excavators $14.50 -per ton $12.50 per ton Quarry Item Four Clove Excavators $15.00 delivered price $11.65 delivered pr 1/4" crushed stone Clove Excavators $14.40 $14.15 " " 3/8" crushed stone Tilcon $14.00 per ton 1/2" crushed stone Tilcon $14.00 per ton 5/8" crushed stone Tilcon $14.75 per ton 2 1/2" crushed stone Tilcon $15.00 per ton 24x24x24 catch basin M&M $60.00 $160.00 30x24x24 catch basin M&M $75.00 $175.00 2x24 man hole lid Vellano $47.50 $47.20 WHEREAS, the following awards for catch basins are to be awarded: 0"A Size Up to 550 Sq. inches 551-624 Sq. inches 626-730 Sq. inches 731-1133 Sq. inches over 1134 Sq. inches Company Chemung Supply Corp. Chemung Supply Corp. Chemung Supply Corp. Chemung Supply Corp. Chemung Supply Corp. NOW, THEREFORE, BE IT RESOLVED, as follows: 04/14/2003. W S Cost $116.88 $116.88 $122.78 $135.88 $162.88 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The following amendments to the contract rates for supplies for Highway Department are as follows: Item Company Rate Adopted Amended Rate 1/4 " washed gravel Clove Excavators Quarry Item Four Clove Excavators 1/" crushed stone Clove Excavators 3/8" crushed stone Tilcon 1/2" crushed stone Tilcon 5/8" crushed stone Tilcon 21/2" crushed stone Tilcon 24x24x24 catch basin M&M 30x24x24 catch basin M&M 2x24 man hole lid Vellano $14.50 -per ton $15.00 delivered price $14.40 " " $60.00 $75.00 $47.50 $12.50 per ton $11.65 delivered pr $14.15 " " $14.00 per ton $14.00 per ton $14.75 per ton $15.00 per ton $160.00 $175.00 $47.20 WHEREAS, the following awards for catch basins are to be awarded: Size Company Cost Up to 550 Sq. inches Chemung Supply Corp. $116.88 551-624 Sq. inches Chemung Supply Corp. $116.88 626-730 Sq. inches Chemung Supply Corp. $122.78 731-1133 Sq. inches Chemung Supply Corp. $135.88 over 1134 Sq. inches Chemung Supply Corp. $162.88 The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-110 RESOLUTION TO AUTHORIZE AMENDMENTS TO ADOPTED RENTAL RATES FOR THE HIGHWAY DEPARTMENT The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati WHEREAS, the Town Board of the Town of Wappinger adopted rental rates for various pieces of equipment for the Highway Department at the March 24, 2003 meeting of the Town Board, and 04/14/2003.W S WHEREAS, due to clerical error in preparing Resolution 2003-097, amendments to the rental rates are as follows: Item Rate Adopted 3/24/03 Amended Rate Bulldozer TD25 with Ripper $100 per hour $225 per hour Attachments for 463 &MT50 Snow Plow $350 per week $250 per week Bobcat Attachments Asphalt Cutter $400 per week $300 per week NOW, THEREFORE, BE IT RESOLVED, as follows The recitations above set forth are incorporated in this Resolution As if fully set forth and adopted herein. The following amendments to the adopted rental rates for equipment for the Highway Department are as follows: Item Rate Adopted 3/24/03 Amended Rate Bulldozer TD25 with Ripper $100 per hour $225 per hour Attachments for 463 &MT50 Snow Plow $350 per week $250 per week Bobcat Attachments Asphalt Cutter $400 per week $300 per week The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-111 RESOLUTION AUTHORIZING ZONING ADMINISTRATOR TO ATTEND EFFECTIVE ZONING ADMINISTRATION TECHNIQUES CLASS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, to attend the University of Wisconsin's Effective Zoning Administration Techniques Class in Albuquerque, New Mexico on June 23, 24,and 25, 2003. rd 04/14/2003.WS NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger is hereby authorized to attend the University of Wisconsin's Effective Zoning Administration Techniques Class in Albuquerque, New Mexico on June 23, 24,and 25, 2003, at a cost not to exceed Four Hundred, Ninety -Five Dollars ($495) for registration, Three Hundred, Seven Dollars ($307) for airfare, and Eighty-two Dollars ($82) per night for hotel accommodations. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-112 RESOLUTION TO AUTHORIZE THE BID FOR RECREATION SANITATION NEEDS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Recreation Committee has gone out to bid for its portajohn needs for the 2003 season; and WHEREAS, the Recreation Commission received bids as follows: Vendor Regular Unit Handicap Unit Est. Annual Fee Superior Sanitation $75 $120 $5,775 M&O Sanitation $125 $175 $9,225 Enviroclean Porta Potty $75 $150 $6,225 Jones Septic Service No Response WHEREAS, the Recreation Committee has recommended the bid be awarded to Superior Sanitation in an amount not to exceed Five -Thousand, Seven Hundred, Seventy -Five Dollars ($5,775) for the 2003 season. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. The Recreation Commission is hereby authorized to rent portajohns from Superior Sanitation with a total fee not to exceed Five -Thousand, Seven Hundred, Seventy -Five Dollars ($5,775) for the 2003 season. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent 5 04/14/2003.WS CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-113 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 26 ST. NICHOLAS ROAD The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, on or about June 13, 2001, Karen Corbin deposited Five Thousand Dollars ($5,000) with the Town of Wappinger in escrow for the purpose of a site plan for the property at 26 St. Nicholas Road pursuant to Account No. 01-3046; and WHEREAS, the site plan has now been completed and the return of the unused escrow amount of Two Thousand, Three Hundred and Thirty-seven Dollars, ($2,337) has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated March 29, 2003 to Supervisor Joseph Ruggiero and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Two Thousand, Three Hundred, Thirty- seven Dollars and 60/100 ($2,337.60) made payable to Corbin Equipment Inc., Account No. 01-3046, for the refund of the unused escrow funds deposited for a site plan of this Application. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye RESOLUTION NO. 2003-114 RESOLUTION AUTHORIZING REFUND OF SIGN PERMIT FEE FOR 1141 ROUTE 82 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, Neon Art Works has paid an Eighty-four Dollar ($84) sign permit fee to the Town of Wappinger, and WHEREAS, the sign permit has been denied, and the return of the permit fee in the amount of Eighty-four Dollars, ($84) has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated March 18, 2003 to Supervisor Joseph Ruggiero and Town Board Members. 04/14/2003.WS NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Eighty-four Dollars ($84) made payable to Neon Art Works, for the refund of a sign permit fee. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-115 RESOLUTION TO AUTHORIZE THE REPAIR OF THE DUGOUTS AT MARTZ FIELDS The following resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has recommended the repair of the roofs of two dugouts at Martz Field; and WHEREAS, the Recreation Commission received bids as follows: Bracaden Construction $3,800 Pro -Built Construction $4,600 O'Dell Painting $4,375 WHEREAS, the Recreation Committee has requested purchase order in the amount of Three Thousand, Eight Hundred Dollars ($3,800) payable to Bracaden Construction. 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Three Thousand Eight Hundred Dollars ($3,800) from Recreation Account No. A-7110.4, in accordance with a letter dated March 24, 2003 from Ralph Holt, Recreation Chairman, to the Town Board.. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-117 RESOLUTION ADOPTING LOCAL LAW NO. #4 OF 2003 AMENDMENTS TO THE TOWN CODE, SECTION 240-539 ACCESSORY APARTMENTS 7 04/14/2003.W S The following resolution was moved by Councilman Bettina and seconded by Councilman Valdati. WHEREAS the Town Board of the town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments (the "Proposed Action"); and WHEREAS, eliminating the age of building requirement would enable more houses to qualify for accessory apartments, namely those houses less than 5 years of age, for which accessory apartment are not permitted under the existing minimum age of building requirement; and WHEREAS, eliminating the minimum age of building restriction will therefore allow for more accessory apartments to be built in the Town, which is in keeping with the ongoing commitment of the town to encourage the provision of affordable housing options for Town residents; and WHEREAS, all other regulations and standards governing accessory apartments will remain in effect and continue to ensure that such dwellings units do not adversely impact the character of the residential neighborhoods in which they are located; and WHEREAS, the Town Board determined that the Proposed Action is a Type I action Pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which designated local Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #4 of 2003; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye 04/14/2003.WS VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The resolution is hereby duly declared adopted RESOLUTION NO. 2003-118 RESOLUTION OF ADOPTION: LOCAL LAW NO. #5 OF 2003 -AMENDMENT OF TH TOWN OF WAPPINGER ZONING MAP The following resolution was introduced by Councilman Colsey and seconded by Councilman Bettina WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York has received the petition of Atlantic Mortgage Bankers, Ltd. to rezone a 0.52 - acre parcel from the R -2F 2 -Family Residence District to the HB Highway Business District (the "Proposed Action"); and WHEREAS, the 0.52 -acre parcel is located on the easterly side of Route 9 approximately 600 feet south of the intersection of Route 9 and Smithtown Road in the R -2F 2 -Family Residence Zoning District and is otherwise know as Tax lot 6156- 02-737984 (the "Site"); and WHEREAS, the rezoning request was accompanied by a full Environmental Assessment Form (Part 1) dated 11/5/01 and a conceptual site plan entitled "Site Plan for SLD Holdings Ltd.," prepared by Day, Oswald an Gillespie, and dated 12/5/01; and WHEREAS, at its November 4, 2002 meeting, the Planning Board recommended the rezoning, provided that the development of the site be limited to a 6,000 square foot office building and as set forth in the petitioner's application; and WHEREAS, under current R -2F zoning, the lot meets all dimensional and area requirements; and WHEREAS, based on maximum FAR and lot size alone, under R -2F zoning, a 6,795 square -foot residential structure could be built, which is slightly larger than the proposed 6,000 square foot office building; and WHEREAS, under the proposed HB zoning the lot by itself would be nonconforming with respect to area (0.52 acres proposed, 2 acres required); minimum width (147' proposed, 150' required); and minimum frontage (148 proposed, 150' required); and WHEREAS, rezoning the subject parcel to a commercial district will require area variances for any use of the Subject Property; and WHEREAS, the 1988 Town Comprehensive Plan recommends this property for commercial use while strongly discouraging strip commercial; and WHEREAS, the Applicant stated and the Planning Board agreed, that development of the subject property under the existing R -2F zoning, as a two-family residence was not realistic given the impracticality of locating such a residential use on Route 9, a busy, congested road not suitable to lower density residential uses; and 04/1412003.WS WHEREAS, it was established that the difference in the amount of wastewater generated between a 6,795 square -foot two-family structure and 6,000 square -foot office building would be negligible; and WHEREAS, the Proposed Action involves other agencies, including: the Town of Wappinger Planning Board; the Town of Wappinger Zoning Board of Appeals (should an area variance be required); the Dutchess County Health Department; the New York State Department of Transportation; and the New York State Department of Environmental Conservation; and WHEREAS, the Town Board has determined that the Town of Wappinger Zoning Map requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Zoning Map; and WHEREAS, the Town Board currently has before it for consideration the proposed revisions to the Town of Wappinger Zoning Map that would rezone 0.52 acres of land to HB Highway Business; and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which list all zoning amendments as Type I actions); and WHEREAS, the Town Board has caused to be prepared and completed Part I of Full Environmental Assessment Form (EAF), as amended, for this project and has studied and reviewed the expanded EAF dated 11/5/01 and the drainage reported dated 5/23/02, and the recommendations of the Dutchess County Department of Planning and Development; and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action; and WHEREAS, on April 14, 2003 the Town Board held a public hearing on the proposed amendments to the Zoning Map at which time all persons interested were given an opportunity to be heard and the hearing was closed on that date. NOW THEREFORE, BE IT FURTHER RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby adopts the attached Negative Declaration based upon the reasons enumerated therein, and thereby makes the determination that the Proposed Action will not have a significant effect upon the environment, and thereby finds that the preparation of a Draft Environmental Impact Statement will not be required for the Proposed Action. 10 04/14/2003.WS 3. The Town Board hereby directs the Town Clerk to file the attached Negative Declaration with the Environmental Notice Bulletin. 4. The Town Board of the Town of Wappinger hereby adopts Local Law No. #5 of 2003 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting Aye The resolution is hereby duly declared adopted RESOLUTION NO. 2003-119 RESOLUTION SETTING PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENTS TO RECLASSIFY THE LAND USE FROM INDUSTRY TO RESIDENTIAL ON TO TWO ACRES FOR 25.32 ACRES LOCATED ON THE SOUTH SIDE OF MALONEY ROAD (NESHEIWAT) WHEREAS, an application know as Nesheiwat was made to the Town of Wappinger Town Board for the rezoning of an 18.5 acre parcel of land from Al Airport Industry to R-40 One -Family Residence; and WHEREAS, the 18.5 acre parcel is know as Tax Lot 6259-02-6057758 on the Town of Wappinger Tax Assessment Maps and is located on the south side of Maloney Road, approximately 400 feet east of New Hackensack Road in the AI Zoning District (the "Nesheiwat Property"); and WHEREAS, the Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designates a large area of land north and east of Route 376 and Airport Drive and south of Maloney Road as Industry, including the Nesheiwat Property; and WHEREAS, the proposed rezoning from AI to R-40 would be inconsistent with the recommended land use for the Nesheiwat Property set forth in the Town Comprehensive Plan; and WHEREAS, to enable the proposed rezoning to be considered, it would first be necessary to reclassify the recommended land use for the Nesheiwat Property from Industry to Residential One to Two Acre; and WHEREAS, the Nesheiwat Property was reclassified in the 1995 from Conservation Office Park to Industry to "enable the rezoning of the vast majority of this area to AI," permitting a "broader range of uses on smaller, more affordable lots;" and 11 04114/2003.WS WHEREAS, further justification was given at the time for the reclassification based on the "area's proximity to Route 376, the Dutchess County Airport, Airport Business Center Drive and the possible future connection to proposed County Route 11," and the expansion of the Town's non-residential tax -base that the anticipated commercial and industrial development would fuel; and WHEREAS, the formerly proposed Maybrook Railroad/County Route 11 limited access highway, which was anticipated to spur growth in the northeast corner of the Town, a key rationale for designating the Nesheiwat Property and surrounding area as first Conservation Office Park, and subsequently Industry, is no longer proposed; and WHEREAS, because the Maybrook Railroad/County Route 11 limited access highway is no longer proposed, the justification for both the Conservation Office Park and Industry designations of the Nesheiwat Property and certain other surrounding properties is no longer as strong, particularly for properties with sole frontage on Maloney Road, of which the Nesheiwat Property is but one; and WHEREAS, the Nesheiwat Property is flanked by two parcels also classified by the Town Comprehensive Plan as Industry: a + 0.6 -acre parcel to the east with an existing single family residence, known as Tax Lot 6259-02-6668000, and a + 6.22 acre parcel to the west known as Tax Lot 6259-02-558778, for which a church, currently before the Planning Board, is proposed (the "Adjacent Properties"); and WHEREAS, the Town Board determined that in addition to reclassifying the recommended land use of the Nesheiwat Property to Residential One to Two Acre, that the Adjacent Properties should also at this time be reclassified to Residential One to Two Acre; and WHEREAS, the reclassification of the ± 0.6 acre and the ± 6.22 acre properties would not interfere with present and/or currently proposed uses for either site, nor would the subsequent rezoning of these properties to R-40; and WHEREAS, the proposed Residential land use classifications for both the Nesheiwat Property and the Adjacent Properties are in keeping with the overwhelmingly residential/rural character of Maloney Road; with the residential land uses recommended by the Town Plan for the north side of Maloney Road; and the numerous instances of poor sight distance along Maloney Road, which is a windy, hilly road unsuitable for commercial and industrial uses; and WHEREAS, because of its proximity to the airport, the Nesheiwat rezoning application was referred to the Airport Director of the Dutchess County Airport, and the Director, in a letter to the Planning Board dated 11/25/02, made no objection to the proposed rezoning from Al to R-40, but noting that a "Transitional Slope of 7 to 1 exists off of the sides of the Approach Slope (to runway 24)" and that "a portion of the terrain within the subject parcel itself penetrates this Transitional 12 04/14/2003.WS surface... along the most southerly border and along the crest of the hill ... by 20 feet," and recommended that no structures be constructed and that "vegetative (tree) growth" be limited in said portion of the Nesheiwat Property; and WHEREAS, the Town Board has determined that the Town of Wappinger Comprehensive Plan requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Comprehensive Plan; and WHEREAS, a duly advertised public hearing on the preparation of draft amendments to the Town Comprehensive Pan was held on April 14, 2003 at the Town Hall: and WHEREAS, the Town Board currently has before it for consideration the proposed revisions to the Town of Wappinger Comprehensive Plan that would reclassify the recommended land use designations of the Nesheiwat Property and the Adjacent Properties from Industry to Residential One to Two Acre, thereby allowing the Nesheiwat Property and the Adjacent Properties to be rezoned to R-40 (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly know as "SEQRA') and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption a proposed Resolution containing amendments to the Town's Comprehensive Plan in form annexed hereto. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed Comprehensive Plan and Zoning Law amendments. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Comprehensive Plan amendments for 7:30 p.m. on the 12th day of May, 2003 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed law 13 04/14/2003.WS a.. To serve a copy of this resolution, the annexed proposed Resolution of Adoption, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Resolution of Adoption, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239-m of General Municipal Law; and c To distribute a copy of this resolution, the annexed proposed Resolution of Adoption, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240- 112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Absent The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-121 RESOLUTION AUTHORIZING APPRAISAL AND NEGOTIATIONS FOR PURCHASE OF CHELSEA COTTAGE LANDING MARINA Th following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger seeks to purchase the Chelsea Cottage Landing Marina in conjunction with an assistance grant from the New York State Greenway Council; and WHEREAS, the Town requires appraisal services to assess the market value of the Chelsea Cottage Landing Marina as an operational marina in furtherance of its consideration to purchase the aforesaid premises. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Hubble Realty Services, Inc. is hereby authorized to prepare a complete appraisal report to the fullest extent possible for a fee of $8,000.00 pertaining to the property to be purchased or acquired by the Town so as to enable the Town to assess the market value of the land and/or easement rights to be purchased from the affected property owners. 3. Joseph Ruggiero, Town Supervisor, and Albert P. Roberts, Attorney to the Town, are hereby authorized to negotiate the purchase of the necessary land and/or easement rights from all affected property owners. The foregoing was put to a vote which resulted as follows: 14 04/1412003.WS JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Absent The Resolution is hereby duly declared adopted NEW BUSINESS Councilman Valdati wish to address the large tractor trailers parked on the intersection of Old Rte 9 and Middlebush Road. He wished to know if we could place "No Parking Signs" on that site. Attorney to the Town Al Roberts said he would research the issue and report back to the board. The Zoning Administrator explained that if the town were to erect a "No Parking Sign" at that location which basically has been approved by the board for the hot dog lady, then that would preclude the area from being used as a place to pull off to purchase hot dogs. Councilman Valdati explained he was referring to overnight parking in that area. At this time, 8:35 p.m. Councilman Bettina moved to go into Executive Session to discuss Bostwick, 99-2R and the Cell Tower, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 9:20 p.m. with all board members present except Councilman Paoloni. The following action was taken in Executive Session. RESOLUTION NO. 2003-122 RESOLUTION AUTHORIZING ENFORCEMENT OF PERFORMANCE BOND NO. B21860213 ISSUED PURSUANT TO WAPPINGER WATER IMPROVEMENT AREA 1999-2(R), CONTRACT NO.6 The following resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger previously authorized the formation of the Wappinger Water Improvement Area 1999-2(R), hereinafter referred to a "1999- 2(R)", for the purposes of constructing a supplemental water supply to various Water Districts and Improvement Areas in the Town; and WHEREAS, among the improvements to be made by 1999-2(R) was the construction and installation of a dedicated pressurized water line from the Atlas Well Field located adjacent to Wappinger Creek to the Hilltop Water Tank located on Cider Mill Loop in the Town of Wappinger; and WHEREAS, the construction and installation of the dedicated pressurized water line from the Atlas Wellfield to the Hilltop Water Tank was awarded to Clayton Industries, Inc. as the lowest responsible bidder pursuant to plans and specifications prepared on behalf of the Town; and WHEREAS, the Contract between the Town of Wappinger and Clayton Industries, Inc. was entered into on August 15, 2002; and 15 04/14/2003.WS WHEREAS, during the course of the construction and installation of the dedicated pressurized water line from the Atlas Wellfield to the Hilltop Water Tank, the Town has encountered numerous problems with Clayton Industries, Inc., which have substantially delayed the progress of the work through no fault of the Town; and WHEREAS, the original completion date for the Contract was January 16, 2003 which was extended upon request by Clayton Industries, Inc., and approved by Change Order No. 6, resulting in rescheduling the Contract completion date to August 2, 2003; and WHEREAS, THE Town by its engineers and attorney has made many attempts to resolve the aforesaid numerous problems with Clayton Industries, Inc., in order to ensure that Clayton will be able to complete the project as required by the Contract; and WHEREAS, the Attorney to the Town, Albert P. Roberts, by letter dated April 10, 2003 to Frederick Maute, Attorney to Clayton Industries, Inc., has demanded Clayton Industries, Inc., to recommence and complete the project as required by the Contract; and WHEREAS, the Town Board determines that it is a matter of public necessity to complete the construction project in timely fashion in accordance with the Contract Specifications; and WHEREAS, the Town Board hereby determines that Clayton Industries, Inc., has failed to recommence the project and otherwise has failed to diligently perform its duties in accordance with the Contract documents; and WHEREAS, the Town Board directs the Attorney to the Town, Albert P. Roberts, to take all steps necessary to commence enforcement of the Performance Bond (Bond No.. B21860213) in order to ensure adequate and timely performance and completion of the project as provided by 1999-2(R) Contract No. 6. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Attorney to the Town, Albert P. Roberts, is hereby authorized to take all necessary steps to enforce the provisions of the Performance Bond (Bond No. B21860213 issued by Gulf Insurance Gulf Company to the Town of Wappinger in order to ensure adequate and timely performance and completion of the project as provided by 1999-2(R) Contract No. 6 in consequence of the failure of Clayton Industries, Inc., to diligently perform its duties pursuant to the Contract dated August 15, 2002. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye 04/14/2003.WS CHRISTOPHER COLSEY, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Absent The Resolution is hereby duly declared adopted There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Colsey, and unanimously carried The meeting adjourned at 10:23 p.m. 17 G�oria J. Morse Town Clerk" NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. # 4 of the year 20 03 A local law (Insert Title) entitled "Local Law # of 2003, amending the Town Code, Section 240-53, Accessory Apartments." Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW # 4 OF THE YEAR 2003 A Local Law entitled "Local Law # 4 of 2003, amending the Town Code, Section 240- 53, Accessory Apartments." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law 4 4 of 2003, amending the Town Code, Section 240 -53, -Accessory Apartments." Section 2: LeVrislatiye Intent The intent of the proposed Local Law is to eliminate the minimum age of building requirement for accessory apartments. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. (1) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (3) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. 2 (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4. Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, .. readopted and confirmed. Section 5: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 6: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. jAdocs2\500\wappinger\zone amendments\acc apt.shed.locallaw.lkb.doc 3 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. _ of the Town of Wappin er was duly passed by the Town April 14 2003, in accordance with the applicable provisions of law. (Name of Legislative Body) 114 Board of 2003 on 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 2003, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on (Name of Legislative Body) 2003, and was (approved) (not approved) (repassed after disapproval) by the on 2003. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003 and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2003, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , hove. Clerk`oTthe County gisl ve body, City, Town or Village Clerk or officer designat b ocal legis ative body GLORIA ,ORSE, WN CLERK, (Seal) Date: /� ,2003 (Certification to be executed by County�Attomey, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ALBERT P. ROBERTS, ATTORNEY TO TOWN Title Town of WAPPINGER Village L Date: l 2003 j:\docs2\500\wappinger\wap3-005.lkb.doc:ev NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filin (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City of WAPPINGER Town Village Local Law No. of the year 2003 A local law entitled "Local Law Amending the Zoning Map (Insert Title) of the Town of Wappinger for Property on Route 9" Be it enacted by the TOWN BOARD of the (Name of Legislative Body) County city of WAPPINGER as follows: Town Villag TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW # #1i OF THE YEAR 2003 A Local Law entitled "Local Law Amending the Zoning Map of the Town of Wappinger for Property on Route 9." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law Amending the Zoning Map of the Town of Wappinger for Property on Route 9." Section 2: Legislative Intent The proposed HB Highway Business zoning for the subject property is in keeping with the overwhelmingly commercial character of Route 9. The existing R-217 zoning and the one- or two-family residences which the zone permits are inappropriate, given the property's location on Route 9, a highly traveled, busy commercial corridor. The rezoning is also in keeping with the Town Comprehensive Plan, which recommends a commercial use for the subject property. References are to sections of the Town of Wappinger Zoning Code. 2 Section 3: The property in the following Table 1 and attached Figure 1 shall be rezoned as shown therein: Table 1 Section 4: Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other, persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. 3 Approximate Tax ID Size Acres Current Zonin New Zonin 6156-02- R -2F Two -Family HB Highway 737984 0.52 Residence Business Section 4: Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other, persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. 3 [Ul R-2F to HB Existing/Proposed Zoning - Atlantic Mortgage Bankers Town of Wappinger, Dutchess County, New York R- R -2F FREDERICK P. CLARK ASSOCIATES, INC Planning/Development/Environment/Transportation 0 100 200 300 Feet Figure I March 2003 Oron Legend Proposed Rezoning Parcel ZONING QR -40 - Single Family Residence Notes: OHO - Highway Office This map was compiled from multiple data sources with different scale and projections. This map does not meet QR -2F - Two -Family Residence National Map Accuracy Standards and should only be used OHB - Highway Business for general planning purposes. R- R -2F FREDERICK P. CLARK ASSOCIATES, INC Planning/Development/Environment/Transportation 0 100 200 300 Feet Figure I March 2003 Oron Section 6: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. jAdocs2\500\wappinger\zone amendments\dedominicus.402.local law. lkb.doc 5 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. #11 of 2003 of the Town of Wappinger was duly passed by the Town Board on April 14, 2003, , in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 2003, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2003, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above.,-, Clerk of the County legislative'i 6#, CiV own or Village Clerk or officer designated by local dgislative body GLORIA MORSE TO, WJN CLERK, (Seal) Date: �e ;i= f , (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enpctment 6caa 9p9 xedlrreto. signature ALBERT P. ROBERTS, ATTORNEY TO TOWN Title Town of WAPPINGER Village Date: j :\docs2\500\wap pinger\wap3-005.1kb. doe: ev