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2002-05-15 SPM05/15/2002.SPM A Special Meeting of the Town Board of the Town of Wappinger was held on May 15, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:40 p.m. The purpose of the Special Meeting is to authorize a Public Hearing for the Special Use Permit by Performance Motors, and authorize the Town Justices to apply for Justice Court Assistance Program Grant. Present: Joseph Ruggiero, Supervisor Vincent Bettina, Councilman Joseph Paoloni, Councilman Absent: Robert Valdati, Councilman Christopher Colsey, Councilman Gloria J. Morse, Town Clerk RESOLUTION NO. 163-2002 RESOLUTION TO AUTHORIZE TOWN JUSTICES TO APPLY FOR JUSTICE COURT ASSISTANCE PROGRAM GRANT The following Resolution was introduced by COUNCILMAN BETTINA and seconded by Councilman Paoloni. WHEREAS, the Town of Wappinger Justices have been advised that the New York State Office of Court Administration is providing grants for local Justice Courts to obtain metal detectors to assist in security in Justice Court. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger Justices, Carl S. Wolfson or Heather Kitchen, or Cheryl Haight, Chief Court Clerk are authorized to make application to the New York State Office of Court Administration, Unified Court System, for a "Justice Court Assistance Program Grant" in accordance with the application form attached hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Absent JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2002-151 RESOLUTION AUTHORIZING A PUBLIC HEARING ON APPLICATION FOR SPECIAL USE PERMIT BY PERFORMANCE MOTORS, INC. The following Resolution was introduced by COUNCILMAN BETTINA and seconded by Councilman Paoloni 05/15/2002.SPM WHEREAS, Performance Motors, Inc. is an owner of a certain 0.65 acre parcel of property, located in a Highway Business (HB) Zoning District, identified as Tax Grid Number 6157-02-598733, with a common street address of 1401 Route 9, Wappingers Falls, New York, hereinafter referred to as Parcel I; and WHEREAS, Performance Motors, Inc. is the Contract Vendee to purchase an adjacent .40 acre parcel of property, also located in a Highway Business (HB) Zoning District, identified as Tax Grid Number 6157-02-597715, with a common street address of 1368 Route 9, Wappingers Falls, New York, hereinafter referred to as Parcel II; and WHEREAS, Parcel II is adjacent to and immediately south of Parcel I; and WHEREAS, Performance Motors, Inc. is presently conducting an automotive sales business on Parcel I; and WHEREAS, Parcel I has been continuously used for automotive sales since prior to the adoption of the Town of Wappinger Zoning Ordinance in 1963; and WHEREAS, Performance Motors, Inc. seeks to purchase Parcel II and expand the automotive use on to Parcel II; and WHEREAS, present Town of Wappinger Zoning Regulations require a minimum lot size of three (3) acres for an automotive use in a Highway Business (HB) District subject to a Special Use Permit issued by the Planning Board; and WHEREAS, the automotive use located on Parcel I is a permitted use in an HB Zoning District, but the lot is a pre-existing dimensionally non- conforming lot; and WHEREAS, by written Application dated April 26, 2002, Performance Motors, Inc. made application to the Town Board pursuant to §240-16(F) of the Zoning Code of the Town of Wappinger to authorize an expansion of an existing automotive use located on Parcel I onto the adjoining Parcel II; and WHEREAS, the Town of Wappinger Zoning Code §240-16(F) permits the Town Board, on written Application, to issue a Special Use Permit which will authorize the pre-existing automotive use on the dimensionally non- conforming Parcel I to be expanded on to Parcel II resulting in a permitted use (subject to issuance of a Special Use Permit by the Planning Board) on a 1.05 acre lot which is in greater conformity with the Town Zoning Code. WHEREAS, the Town of Wappinger Planning Board has recommended approval of this Application for a Special Use Permit by the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a Public Hearing on the Application of Performance Motors, Inc. for a Special Use Permit pursuant to §240-16(F) to authorize an expansion of the 2 05/15/2002.SPM automotive use presently conducted on Parcel I onto the adjoining Parcel II to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 10th day of June, 2002, at 7:30 p.m. BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the Town of Wappinger, is hereby directed to post and publish a Notice of the Public Hearing in the form annexed hereto. Said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to send copy of the Notice of Public Hearing to adjoining property owners within Two Hundred and Fifty (250) feet of Parcel I and Parcel II. BE IT FURTHER RESOLVED, that Gloria J. Morse, Town Clerk to the Town of Wappinger, is directed to forward a copy of the Application materials to the Dutchess County Department of Planning & Development for its review and comment. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Absent VINCENT BETTINA, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Absent JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly declared adopted. There was no other business to come before the Board. COUNCILMAN BETTINA moved to close the Special Meeting, seconded by Councilman Paoloni. The meeting adjourned at 7:48 p.m. By Sandra Kozakowski Gloria J. Morse Town Clerk 3