1994-04-25 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
APRIL 25, 1994
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
C PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. March 28, 1994 Special April 11, 1994
4. REPORTS OF OFFICERS: Sup/Compt Town Justices Rec. of Taxes
Bldg. Insp. Zng. Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Memo from Dutchess Co. Traffic Safety Ab. - 4th Quarterly
Property damage report for '93
b. Memo from Dutchess Co. Dept. of Health re: reduction of
monitoring requirements for Ardmore Water Dist.
c. Request for refund of Bldg. Permit Fee from Eric Zinder - $35.00
d. R. Holt, Rec. Ch. re: (1) Little League Contract & (2) Purchase
of new Mower
e. Donald Rider, Recreation member term expires May 1st
f. J. Paggi, P.E., Eng. to Twn. reports: (1) Zaits Drainage
(Partners Rd.) (2) Castle Point Landfill Closure
g. Requests to attend conferences by: (1) Mark Liebermann & Tim
Classey, May 2nd - 4th, at Pk. Radisson for Code Enforcement
Officers (2) Graham Foster, June 6th - 8th at Cornell for
Highway Superintendents
h. Proposals for Lawn Maintenance at Town Hall, and authorize the
Supervisor to sign contract
i. J. Paggi, Eng, to Town requests authorization to do I & I work
at Oakwood Sewer Plant
6, COMMITTEE REPORTS
7, BONDS AND LETTERS OF CREDIT
H. Levenson Report
J. Klein amended Letter of Credit for Nicole Farm
8. RESOLUTIONS
a. Consider adoption of Local Law on Zoning Ordinance Amendments -
Definitions and Fees
b. Ratification Resolution for Assesssors Car
C. Introduction of Rezoning Resolution for Thalman
d. Adopt the Policy for Proceedures for Water/Sewer Billing
9. UNFINISHED BUSINESS
10. NEW BUSINESS \ ! pA,,
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-1. ADJOURNMENT
RrMINDER: PUBLIC HEARING ON Local Law for Zoning Amendments - 7.15 P.M.
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940425.RGM
The Regular Meeting of the Town Board of the Town of Wappinger
was held on April 25, 1994 at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York.
SUPERVISOR SMITH called the meeting to order at 7:30 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
O%w Joseph incoronato, Councilman
June Visconti, Councilwoman
Elaine Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney to the Town
Joseph Paggi, Jr., Engineer to the Town
Herbert Levenson, Zoning Administrator
Graham Foster, Highway Superintendent
The Supervisor asked all to Join in the Pledge of Allegiance to
the Flag at the commencement of the Meeting.
MINUTES
The Minutes of the Regular Meeting of March 28, 1994 and the
Special Meeting of April 11, 1994, having previously been
forwarded to the Town Board, were placed before them for their
consideration.
COUNCILWOMAN VISCONTI moved that the above stated Minutes, as
submitted by the Town Clerk be and they are hereby approved.
Seconded by Mr. incoronato.
Motion Unanimously Carried
REPORTS
Reports for the month of March were received from the Town
Justices, Supervisor/Comptroller, Receiver of Taxes, Building
Inspector, Zoning Administrator and Dog Control Officer.
COUNCILWOMAN VISCONTI moved to accept the above stated reports
f
and place them on file.
Seconded by Mr. Ruggiero.
Motion Unanimous'y Carried
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There was some discussion prior to }he vote by Mr. Ruggiero
questioning the expenditure of fees for the last six weeks,
$44,401 to Arcilletypes, the architects for the Emergency Facility
complex. How much was paid in 92 and 93, & how much was
authorized for the entire protect? Mrs. Smith explained to Mr.
Incoronato that the Town did have contracts and did have
authorization to release the funds and she would present them to
him.
PETITIONS AND COMMUNICATIONS
A Memo was received from the Dutcness County Traffic Safety
3oard with the 4th quarterlY property damage report for 9U3.
COUNCILWOMAN VISCONTI moved to accept the Memo from t_e Dutcness
County Traffic Safety Board and place it on file.
Seconded by Mr. Incoronato.
Motion Unanimously Carried
A Memo was also received from the Dutchess County Department of
Health, in regard to the reduction of :Monitoring _requirements of
Ardmore Hills Water Distric'1.
COUNCILWOMAN VISCONTI moved to accept' the correspon6ence and
place it on file.
Seconded by Mr. Incoronato.
Motion Unanimousiy Ca ried
A request was received from Eric Zi.nder, for the refund of
$35.00 for a building permit #94-73. It was disccve.red a -mor
permit, had already been issue,. and the new one was ;tot
necessary.
COUNCILMAN RUGGIERO moved to approve '_.he return of the $35.00 to
Eric Zlndier, based on the recomme.i.atlon of Building Inspector,
Thomas Classey.
Seconded by Mrs. Visconti.
Mot_cn Unanimous -v CaL-ried
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Several Purchase Orders were submitted for approval by Mr. Ralph
Holt, Chairman of the Recreation Department. (1) 1994 Little
League Contract. (2) Request to purchase a Mower/Tractor in the
amount of $6,000.00. The funds for the mower are to come from
Trust and Agency Parklands to A Fund.
COUNCILWOMAN VISCONTI moved to accept correspondence regarding
the Little League contract, place it on file, and, upon the
recommendation of Ralph Holt approve the purchase order for a
Mower/Tractor in the amount of $6,000.00, with the funds to come
from Trust and Agencl- Parklands to A Fund.
Seconded by Mr. Valdati.
Motion Unanimously Carred
Next, is the vacancy on the Recreation Committee, which wi11
occur by reason of expiration, of the term of Donald Rider, due
to expire on May 1, 2994. Mr. Rider has indicated he did not
wish to seek reappointment.
Mrs. Smith indicated that Mr. Holt will be sending four ;4)
app-ications to the Board, and there will be a worashop to
interview the Applicants prior to filling the vacancy.
COUNCILWOMAN VISCONTI moved to send a letter of thanks to Donald
Rider.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
Two Reports were submitted by Mr. Paggi, Engineer to the Town,
(1) The first was in reference to the drainage situation of Mr.
& Mrs. Fred Zaitz, 14 Partners Road & Mr. & Mrs. Tim Gilbride 16
Partners Road, Wappingers Falls. There was a request from the
property owners that the Town acquire the necessary easement to
solve a drainage problem that exits on their two parcels at 14
and 16 Partners Road, respectively. According to Mr. Paggi's
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report, the problem appears to be o�a.ckyard reiated, and not
related to read runoff. It was determined that the Town would
not consider acquiring an easement again, because it is not
created by road runoff, & would not ;De a IL0)0 o solution to the
drainage problem.
COUNCILWOMAN VISCONTI recommended, -_.pon the reccm,,:enaavion of
Engineer, Jay Paggi, that the Supervisor be directed to send
a letter to the Gilbrides and the Zaitz advising them of the
Boards decision not to re- acquire t1 e easement.
(2) The next report submitted is in regard tc the Castlepcint
Landfill Closure. Correspondence v;as received from Mr. Parimal
Mehta of the NYSOEC regarding the above referenced p::ojec`. The
closure plan was complete, however the hydroaeological review
remains to be completed. As soon as this review is tic,pleted
we will be informed verbally fcllcwec: by transmittal of
comments on the closure plan.
COUNCILMAN INCORONATO moved to accept the correspondence on the
Castlepoint Landfill Closure and pla^e it cn file, and that the
Engineer keep the Board informed when the review is completed.
Seconded by Mrs. Visconti.
Motor-. Unanimously Carried
Requests to attend conferences were su)mitted by: ' i Mark
Lieberman & Tim Classey to attend the annual Hudscn Va=.ley Co e
Enforcement Officials Conference at the Raddison Hotel on May 2
3, and 4th, for a fee of $240.00 each. (2) Graham Foster.
Superintendent of Highway to attend the Annual Highway School
for Highway Superintendents at Co---.oi- on June 6, ? and 8th.
COUNCILMAN VALBATI moved to approve the request from Mark
Lieberman & Tim Classey to attend. the Enforcement 0ffLcia:ls
Conference at the Raddison and GTraha Foster tc atter.0 the
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Annual Highway School at Cornell, and their legitimate expenses
be a Town Charge.
Seconded by Mrs. Visconti.
Motion Unanimously Carried
A Memo was received from Herb Levenson, Zoning Administrator,
LM requesting permission for all the Members of the Planning Board
and Zoning Board of Appeals to attend the Dutchess County
Planning Federation on May 5 & 12, at the Farm & Home Center,
Millbrook, New York for a fee of $10.00 per person.
COUNCILWOMAN VISCONTI moved to approve the request from Herb
Levenson for himself and all the members of the Planning Board &
Zoning Board of Appeals to attend the Dutchess County Planning
Federation at the Farm & Home Center, and their legitimate
expensed be a Town Charge.
Seconded by Mr. Incoronato.
Motion Unanimously Carried
Proposals and Contracts were received for Lawn Maintenance from
'k
Lehigh Lawns and Landscaping, and Antson Construction for
maintenance of the Town Hall, Fieldstone Farms, and Wildwood
Strip.
COUNCILWOMAN VISCONTI moved to approve the proposals from Lehigh
Lawns and Landscaping as low Bidder, for maintenance of the Town
Hail, Fieldstone Farms, and Wildwood Strip, and authorize the
Supervisor to sign the contract.
Seconded by Mr. Valdati.
Roll Call Vote:
Councilman
Councilman
Supervisor
Councilman
Councilwoman
Ruggiero
Valdati
Smith
Incoronato
Visconti
Aye
Aye
Aye
Nay
Aye
Motion Carried
There was some discussion prior to the vote regarding the number
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of Proposals received for the Lawn Maintenance. Mr. Incoronatc
felt there should have been more Bids taken for lawn
maintenance, and was told by Mrs. Smich there was a procedure
to follow when Certain surras of money were to be spenn. No
formal Bids are needed for service contracts, only informal
proposals are needed up to a certain amount. Mrs. Smith stated
she had given a copy of the procedures to Mr. Incoronato, and
she would give him another copy.
Lastly, a request was received .from Mr. Paggi, Engineer to the
Town for authorization to do Infiltration/Inflow work at Oakwood
Sewer Plant.
COUNCILWOMAN VISCONTI moved to authorize Mr. Paggi, Engineer to
the Town to do the infiltration/Inflow work at Oakwood Sewer
Plant.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
Mrs. Smith noted that this work had been planned. It is just
the next phase. Mr. Paggi stated, new is a good time to
continue with the I/I work, because the ground water
is very high & and it is an opportune time to take Beld
measurements to see what is ground water & what is normal sewage
flow.
COMMITTEE_REPORTS
MR. RUGGIERO gave a report on the Tri -Muni Meeting he attended
and stated their biggest obstacle is the DEC. The DEC is still
reviewing the Engineers Pian for Sludge removal and sent its
comments to the Engineers and awaits a response.
MR. VALDATI gave a short report on the condition :f the roads as
far as clean up goes, and reported that the Highway is cleaning
the sand & gravel off roads to :make them safe for bicycles and
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motorcycles. Also the Spring Clean-up is under way and
residents seem to be following the procedure set forth by the
Town.
MR. =NCORONATO met with the Office of Dial -a -Ride at the Office
of the Aging and gave a report on some key issues. It was
agreed that people who call 1 month in advance to book a seat,
and do not notify Dial -a -Ride of the cancellation, at least i
hour prior to pick up, will be fined $ 4.00, and if they do not
pay, they will no longer be eligible to use the program.
MRS. VISCONTI had no reports at this time.
BONDS___&_LETTERS OF CREDIT
Mr. Levenson's monthly report on schedule of Bonds and Letters
of Credit was received and he also submitted a copy of letters
forwarded to (1) Edward Kellogg, Partner, c/o Alpine Co's of
Poughkeepsie notifying him that his Letter of Credit in the
amount of $150,000.00 is due to expire on June 28, 1994, and
please advise when a renewal would be submitted. (2) Nicole
Farms, (AKA James Klein, Inc.) An Amended Letter of Credit No.
229, for Nicole Farms had been received in the amount of
$213,773.00. Mr. Roberts, Attorney to the Town, having reviewed
it recommend it be accepted.
COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's Report of
the schedule of Bonds and Letters of Credit and place them on
file, and accept James Klein's amended Letter of Credit #229 for
Nicole Farms.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
A Public Hearing, having been held on April 25, 1994 on a Local
Law amending the Zcning Laws of the Town of Wappinger, the
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matter was now placed before the Boars, for their
Consideration. The recommendation from the D.C.D.P.in their
review, had made several recommendations on sever._ of the
definitions, however, the overall recommendation was that
the Boards decision be based on Local study.
COUNCILWOMAN VISCONTI moved to so authorize the planning Board `■
to include in their revisions, comments received from the
Dutchess County Department of Planning.
Seconded by Mr. Incoronato, and Unanimously Carried.
COUNCILWOMAN VISCONTI more: to adopt Lccal Law # 1 of the year
1994 AMENDING LOCAL LAW No. 5 of 1990, as Amended the Zoning Law
of the Toren of Wappinaer by the Additions to, or Revisions &
Amendments to certain Arnicle and/or Sections of the Zoning Law.
(Attached hereto and made part thereof of the Minutes of this
meeting).
THE FOLLOWING RESOLUTION was offered by COUNCILMAN RUGGIERO who
moved its adoption:
WHEREAS, the budget adopted by the Town Board for calendar
year 1994, appropriated $15,000.00 (line item A 1355.2
Assessor's equipment) for the purchase of an aunomoti?e for use
by the Town Assessor; and
WHEREAS, the Supervisor :reported tc the Town Board at the
January 24, 1994 regular Tow_- Board Meeting and at the February
14, 1994 Town Board Workshop Meeting that, a 1994 Oldsmobile
Station Wagon could be purchased through state bid for
$11,923.65; and
WHEREAS, ALL Board Members suggested the Supervisor purchase
the said 1994 Oldsmobile Station Wagon through the Stage bid for
the sum of $11,923.65; and
WHEREAS, on February 15, 1994 the Supervisor ordered the
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Section 2. Article II of Local Law No. 5 of 1990 is hereby
amended to read as follows:
ARTICLE II. DEFINITIONS
§ 200 - INTRODUCTION
For the purposes of this Zoning Law only, certain words and terms
used herein are defined in this Article. Defined terms are printed
in quotation marks throughout this Zoning Law.
§ 201 - GENERAL CONSTRUCTION OF LANGUAGE
The following rules of construction apply to the language of this
Zoning Law. _
201.1 The specific shall control the general.
201.2 All words used in the present tense include the future
tense.
201.3 All words in the singular number include the plural
number, and vice -versa, unless the natural construction
of the wording indicates otherwise.
201.4 Words used in the masculine gender include the feminine
and neuter, and vice -versa, unless the natural
construction of the wording indicates otherwise.
201.5 The word shall is mandatory; the word may is permissive.
201.6 The word includes shall not limit a term to the specified
examples, but is intended to extend its meaning to all
other instances or circumstances of like kind or
character.
201.7 Unless the context clearly indicates the contrary, where
a regulation involves two or more items, conditions,
provisions, or events connected by the conjunction and,
or, or either... or, the conjunction shall be interpreted
as follows:
201.7.1 And indicates that all the connected items,
conditions, provisions, or events shall apply.
201.7.2 Or indicates that the connected items,
conditions, provisions, or events may apply
singly or in any combination.
201.7.3 Either... or indicates that the connected
items, conditions, provisions or events shall
apply singly but not in combination.
201.8 A "building" or "structure" includes any part thereof.
201.9 Each of the words "lot", plot and tract of land shall
include the others.
201.10 The word premises shall include land and "buildings"
thereon.
201.11 The words occupied and used shall be considered to be
followed by the words or intended, arranged or designed
to be occupied or used, unless the natural construction
of the wording indicates otherwise.
201.12 References made to officials and- official bodies shall
mean officials and official bodies of the Town of
Wappinger unless the natural construction -of the wording
indicates otherwise.
201.13 The term Comprehensive Plan means the Town of Wappinger
Comprehensive Plan adopted by'the Town Planning Board.
201.14 Unless otherwise specified, all distances shall be
measured horizontally.
�%w 201.15 In case of any difference of meaning between the text of
this Zoning Law and any caption or illustration, the text
shall control.
201.16 The term Zoning Administrator means the person designated
by the Town Board to administer this Zoning Law.
201.17 Where terms are not defined, they shall have their
ordinarily accepted meanings or such as the context may
imply.
§ 202 - DEFINITIONS
Accessory Apartment: A "dwelling unit" which is incidental and
subordinate to and located within the same "building" as a
permitted "one -family dwelling".
Alter: To change, enlarge or rearrange the structural parts or the
entrance or exit facilities of a "structure", or to move a
"building" from one location or position to another.
Arts and Crafts occupation: Any "use" involving the individual
creation, fabrication, storing or retail sale of items or articles
2
considered to be of an artistic nature, including drama, music,
painting, pottery and sculpture studios.
Basement: A portion of a "building" which is partly underground,
but which has less than half of its clear height below the average
elevation of the adjoining ground. (See definition of "Cellar" for
comparison.)
Boarding House: A "dwelling" occupied by one (1) "family" with
three (3) or more boarders, roomers or lodgers in the same
household, who are lodged with or without meals, in which there are
provided such services as are incidental to its "use" as a
temporary residence for part of the occupants and for which
compensation is paid, either directly or indirectly. The term
"boarding house" shall include "rooming house", tourist house,
lodging house, bed and breakfast, but not foster home.
Building: Any -"structure" having a roof which is sel=f-supporting
or supported by columns or similar supports or by walls, and which
is intended for the shelter, housing or enclosure of persons,
animals or property.
Building, Accessory: A "building" which is subordinate to the
"principal building" on the "lot" and used for purposes customarily
incidental to that of the "principal building". Where an
"accessory building" is attached to the "principal building" in a
substantial manner, as by a wall or roof, such "accessory building"
shall be considered part of the "principal building".
%r Building Area: The total area taken on a horizontal plane at the
main grade level of all "principal buildings" and all "accessory
buildings", exclusive of uncovered "porches", parapets, steps, and
"terraces".
Building Coverage: That percentage of the "lot area" covered by
the combined "building area" of all "buildings" or "structures" on
the "lot".
Building Height: The greatest vertical distance measured from a
point eight (8) horizontal feet from the exterior walls of the
"building" to the highest point of the roof if the roof is flat, or
to the mean level between the eaves and the highest point of the
roof if the roof is of any other type.
Building Length: The least horizontal distance between the
furthermost walls of a "building", measured along or parallel to
the axis of its greatest dimension.
Building, Principal: A "building" in which is conducted the main
or principal "use" of the "lot" on which said "building" is
situated.
K1
Building Setback Line: A line indicating the minimum horizontal
distance permitted between the outside line of a "structure" or
"building" or any projection thereof in excess of three (3) feet
from the foundation and the "lot line" or "street line".
Camp: Any area of land, or of land and water, including any
"buildings", tents, shelters or other accommodations, which are
intended for temporary or seasonal living purposes, and any
"dwelling units" on such land which are occupied by the owner,
caretaker, or superintendent.
Camp, Day: Any "camp", as defined in this Zoning Law, offering
"day care" or instruction for adults or children.
Cellar: A portion of a "building" which is partly or wholly
underground, and which has half or more than half of its clear
height below the average elevation of the adjoining ground. (See
definition of -"!Basement" for comparison).
Clinic: An establishment where patients are _admitted for
examination and treatment by one or more physicians, dentists,
psychiatrists or social workers, and where patients are not usually
lodged overnight.
Club: A voluntary organization, not conducted for gain, with the
facilities catering principally to members and to their guests for
recreational, athletic or social purposes.
Convalescent Home or Nursing Home: Any establishment where three
(3) or more persons suffering from or afflicted with, or
convalescing from, any infirmity, disease or ailment, are
habitually kept or boarded or housed for remuneration, other than
municipal or incorporated "hospitals" and establishments licensed
by the State Commissioner of Mental Hygiene, and other than
maternity homes licensed by the State Commissioner of Health.
Corner Lot: A "lot" situated at the junction of and fronting on
two (2) or more intersecting "streets" where the angle of the
"streets" is one hundred and thirty-five degrees (135° ) or less.
Day Care Center: A "structure", together with the necessary
surrounding lands, which contains a program providing care for
three (3) or more children away from their home for more than three
(3) hours per day, excluding those children receiving "Family Day
Care" as defined in this section. The term "Day Care Center" shall
not refer to: a "day camp"; an after school program operated for
the primary purpose of religious education; or a facility operated
by a "public school" district.
Decibel: A unit of measurement of intensity of sound (the sound
pressure level).
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Density Unit: A measure of residential "use" equal to one (1), or
a proportionate combination adding to one (1), of the following:
1. 1 one -family "detached dwelling unit".
2. 1 "dwelling unit" containing three (3) or more bedrooms in a
permitted type of "dwelling" other than one -family "detached
dwelling units".
3. 1.5 "dwelling units" containing two (2) bedrooms each in
permitted "dwellings" other than one -family "detached dwelling
units".
4. 2 "dwelling units" containing one (1) bedroom each in
permitted "dwellings" other than one -family "detached dwelling
units".
5. 2 studio_ or _efficiency "dwelling units" in permitted
"dwellin"gs" other than one -family "detached dwelling units".
Designed Residential Development: A group of residential "dwelling
units" and "accessory uses" constructed or to be constructed as a
unified project under a General Land Use and Development Plan
approved in accordance with the requirements of this Zoning Law.
Dump: A "lot" or parcel of land, or part thereof, used primarily
for the disposal by abandonment, dumping, burial, burning, or any
other means and for whatever purpose, of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles or parts thereof, or
waste material of any kind. (See definition of "Junk Yard" for
comparison).
Dust: Solid "particulate matter" capable of being air or gas
borne.
Dwelling: A "building" containing one (1) or more "dwelling
units".
Dwelling, One -Family:
"dwelling unit".
Dwelling, Two -Family:
"dwelling units".
Dwelling, Multi -Family:
"dwelling units".
A "dwelling" containing a single principal
A "dwelling" containing two (2) principal
A "dwelling" containing three (3) or more
Dwelling Unit: A "building" or portion thereof providing complete
housekeeping facilities for one "family" including independent
kitchen, sanitary and sleeping facilities, and physically separate
from any other "dwelling unit" whether or not in the same
"building".
5
a
Dwelling Unit, Attached: A "dwelling unit" having at least one (1)
common wall, floor, or ceiling with one (1) or more other "dwelling
units".
Dwelling Unit, Detached: A single "dwelling unit" located in its
own separate "building" which does not abut any other "dwelling
unit".
Factory Manufactured Home: A "structure" designed for residential
occupancy, which is constructed by a method or system of
construction whereby the "structure" or its components are wholly
or in substantial part manufactured in manufacturing facilities,
and which is intended or designed for permanent installation, or
assembly and permanent installation, on a foundation, on a
"building" site.
Family: A group of related individuals _or not more than four (4)
unrelated individuals living and cooking together- _as a single
housekeeping -unit. A foster home under the jurisdiction of a
public agency shall be considered a "family" for the purpose of
this zoning Law.
Family Day Care Home: A "structure", together with the necessary
surrounding lands, which contains a program providing care for at
least three (3) but not more than six (6) children away from their
home for more than three (3) hours per day. A "Family Day Care
Home" as defined herein is generally operated in an existing
residential "structure", by a resident thereof, and is subject to
r licensing by the New York State Department of Social Services.
Farm Use: The "use" of a parcel of land either as a "principal
use" or as an "accessory use" for the purpose of producing
agricultural, horticultural, floricultural, vegetable or fruit
products of the soil, livestock or meats, poultry, eggs, dairy
products, nuts, honey, wool or hides, but shall not include the
breeding, raising or maintaining of fur -bearing animals, or
piggeries, abattoirs, riding academies, livery stables or
"commercial kennels".
Fast Food Establishment: A business enterprise primarily engaged
in the sale of pre -prepared or quickly prepared food and beverages
in disposable containers or wrappers, selected by patrons from a
limited line of specialized items such as hamburgers, chicken,
pizza, tacos, hot dogs, ice cream or yogurt for consumption either
on or off the premises, in a facility in which a major portion of
the sales to patrons is at a stand-up or drive-through type
counter. A delicatessen or a "restaurant" selling food and
beverages for consumption off the premises is not a "fast food
establishment" provided such sale as described above is not the
principal business of the establishment. The conduct of a bakery
or delicatessen shall not be deemed to be a "fast food
establishment".
7.1
Filed Map: Any map or plat filed in the County Clerk's Office of
Dutchess County.
Flood: A temporary increase in stream flow or stage that results
in water inundating areas adjacent or near to the usual channel.
Flood -Prone Areas or Flood Plain: The channel of a watercourse and
its adjacent areas subject to inundation by the 100 -year recurrence
interval "flood".
Flood, 100 -Year: The highest level of "flood" that, on the
average, is that which has a one percent (1%) chance of occurring
in any year.
Floor Area, Gross (GFA): The sum of the gross horizontal area of
every floor of a "building" or "buildings", measured from the
exterior faces of the outside walls of such "buildings", but not to
include "porches", "terraces", "basements", "cellars" ar unfinished
floor areas having a clear head room of less'than seven (7) feet.
Floor Area Ratio (FAR) The "gross floor area" of all "buildings"
on a "lot" divided by the area of such "lot".
Frequency: The number of oscillations per second of a vibration.
Frontage: The continuous extent of a "lot" along a "street".
Garage, Private: An "accessory building", or that part of a
"principal building", which is primarily used only for the storage
of motor vehicles belonging to residents, employees or visitors of
the premises.
Garage, Repair : A "building", or portion thereof, used for the
storage, care or repair of motor vehicles for remuneration, or the
incidental sale of motor fuels dispensed from pumps, or the
incidental sale of motor vehicle accessories, or where motor
vehicles are kept for hire or sale.
Gasoline Filling Station: An area of land, including "structures"
thereon, or a "building" or part thereof, other than a "repair
garage", that is primarily used for the sale of motor fuel or motor
vehicle accessories, and which may include facilities for
lubricating, washing, or other minor servicing of motor vehicles,
or the retail sale of sundries including snacks and beverages, but
excluding body work, major structural repair or painting thereof by
any means.
Grade, Finished: The "finished grade" at any point along the wall
of a "building" shall be the elevation of the completed surfaces of
lawns, walks, and roads adjoining the wall at that point.
7
a
Greenhouse: A "building" used as a conservatory for the growing
and protection of flowers or plants, and for the propagation and
culture thereof.
Home Occupation: The performance of a service (and not the sale of
goods) for gain, which is conducted entirely within a "dwelling
unit" by the residents thereof, which "use" is clearly incidental
and secondary to the "use" of the "dwelling unit" for residential
purposes and does not change the character thereof, which does not
have any exterior evidence of such "accessory use" other than a
permitted name plate, and which does not involve the keeping of
stock in trade. A "home occupation" shall be limited to one (1)
employee and shall not include the conduct of a "clinic",
"hospital", tea room, "boarding house", animal hospital,
"commercial kennel", "convalescent home", funeral home or store of
any kind.
Hospital: A "building" providing primarily in-'
patient for
the diagnosis and treatment of human ailments, including a
sanatorium or "medical clinic". _
Hotel: A "building", or portion thereof, containing rooms without
individual kitchen facilities, occupied by transient guests who are
lodged with or without meals, which room's have primary access from
public halls, and which such "building", or portion thereof, may
contain public rooms or halls for the service of food and drink,
with or without entertainment, and other facilities intended to
provide customary accessory conveniences or services normally
I%W incidental to and associated with such "use".
House Trailer: Same as "Mobile Home".
Junk Yard: An area of land, with or without "buildings", used for
the outdoor storage of used and discarded materials including, but
not limited to, waste paper, rags, metal, building materials, house
furnishings, machinery, unlicensed vehicles, or parts thereof, with
or without the dismantling, processing, salvage, sale or other
"use" or disposition of the same. The deposit or storage of two
(2) or more wrecked or broken vehicles, or the major parts of two
(2) or more such vehicles, on a "lot" for a period exceeding six
(6) months shall be deemed to make the "lot" a "junk yard". (See
definition of "Dump" for comparison.)
Kennel,[ -]Commercial: An establishment for the treatment, care,
boarding or breeding of dogs or cats for remuneration.
Kennel,[ -]Private: "Structures", runs, storage areas or other
customary appurtenant and accessory "buildings", "structures" or
facilities used for the keeping of three (3) or more dogs or three
(3) or more cats over five (5) months of age for non-commercial
purposes.
8
Loading Space: An off -"street" area or berth for the loading or
unloading of commercial vehicles.
VAW Lot: A parcel of land occupied, or capable of being occupied, by
one (1) "building" and the "accessory buildings" or "uses"
customarily incident to it, including such open spaces as are
arranged and designed to be used in connection with such
"buildings".
Lot Area: The total horizontal area included within the "lot
lines" of a "lot".
Lot Depth: The mean horizontal distance between the front and
"rear lot lines" measured in the general direction of the "side lot
lines".
Lot Line: A property line bounding a "lot".
Lot Line, Front: In the case of a "lot" abutting only one (1)
"street", the "lot line" separating the "lot" from the "street"; in
case of any other "lot", the owner may elect any "lot line"
abutting a "street" as the "front lot line".
Lot Line, Rear: The "lot line" which is generally opposite the
"front lot line". If the "rear lot line" is less than ten (10)
feet in length, or if the "lot" comes to a point at the rear, the
"rear lot line" shall be deemed to be a line drawn parallel to the
"front lot line" not less than ten (10) feet long, lying wholly
Itaw within the "lot" and farthest from the "front lot line".
Lot Width: The horizontal distance between the "side lot lines"
taken at the "front yard" line or "principal building" line and
measured along a line which is at right angles to the "lot depth".
Medical Clinic: Same as "Clinic"
Mobile Home: A movable or portable unit designed and constructed
to be towed on its own chassis, comprised of frame and wheels, to
be connected to utilities, and designed and constructed without a
permanent foundation, for year-round living. A unit may contain
parts that may be folded, collapsed or telescoped when being towed
and expanded later to provide additional cubic capacity as well as
two (2) or more separately towable components designed to be joined
into one (1) integral unit capable of being again separated into
the components for repeated touring. "Mobile Home" shall mean
units designed to be used exclusively for residential purposes
excluding "travel trailer".
Mobile Home Park: Any plot of ground upon which two (2) or more
"mobile homes" , occupied for dwelling or sleeping purposes, are or
can be located, regardless of whether or not a charge is made for
such accommodation. The term "Mobile Home Park" shall include the
0
terms "House Trailer" Park, "Mobile Home" Trailer Park, Trailer
Camp, or other similar phrase.
Motel: A series of attached or detached dormitory units, having a
private outside entrance for each unit, providing an automobile
"parking space" convenient to each unit, and providing lodging with
or without meals and other incidental services for a transient
clientele. Automobile Court and Tourist Court shall both be deemed
to be a "Motel".
Non -Conforming Use: A "use" of a "building", "structure" or land
that does not conform to the regulations as to "use" in the zoning
district in which it is located, which "use" was lawful under the
Zoning Law in effect at the time the "use" was established.
Nursing Home: Same as "Convalescent Home".
Nursery School: _A business enterprise -providing care -or
instruction o'f three (3) or more children less than six (6) years
old and operated in accordance with the Social Services Law of the
State of New York.
Octave Band: A means of dividing the range of sound frequencies
into octaves, in order to classify sound according to pitch.
Octave Band Filter: An instrument, standardized by the American
Standards Association, used in conjunction with a "sound level
meter" to take measurements in specific "octave bands".
Official Map: A map, adopted by the Town Board in accordance with
the provisions of Section 270 of the Town Law, showing "streets",
highways and parks. Drainage systems may also be shown on this
map.
Parking Area: An off -"street" area containing one (1) or more
"parking spaces", with passageways and driveways appurtenant
thereto, having usable access to a "street".
Parking Space: An off -"street" space available for the parking of
one (1) motor vehicle on a transient basis, having usable access to
a "street".
Particulate Matter: Any finely divided liquid or solid matter,
including "smoke", capable of being air or gas borne.
Planned Unit Development: A single development containing a
combination of one (1) or more of the following: residential
"dwellings" and/or commercial, industrial and/or office space; all
constructed or to be constructed as a unified project under a
General Land Use and Development Plan approved in accordance with
the requirements of this Zoning Law.
10
Porch: A roofed "structure" projecting out from the wall or walls
of a principal "structure" and which may be open to the weather.
Restaurant: An establishment which prepares and serves food and
beverages selected by patrons from a full menu, served by a waiter
or waitress and primarily consumed on the premises, and which
contains permanent seating facilities and counters or tables,
adequate to accommodate the customers served. The term
"restaurant" shall not be considered to include "fast food
establishment", refreshment stand, curb service or drive-in type
food establishment.
Ringelmann Smoke Chart: A chart for determining the density of
"smoke" and which is issued by the Federal Bureau of Mines.
Rooming House: Same as "Boarding House."
Satellite Receiving -Antenna: Any apparatus ,or device, commonly
known as an earth terminal antenna, earth terminal, earth station,
satellite communication antenna, satellite antenna, microwave dish
antenna, or dish antenna, and which includes as part of such
apparatus or device, the main reflector, sub -reflector feed,
amplifier and support "structure", which is designed for the
purpose of receiving microwave, television, radio, satellite or
other electromagnetic energy signals from space; this does not
include a conventional television, radio or amateur radio antenna.
School, Private: A kindergarten, primary or secondary school which
fir is not operated by a "public school" district, but which furnishes
a comprehensive curriculum of academic instruction similar to that
of a "public school", or a "nursery school" specifically designed
and used to provide care or instruction for two (2) or more
children under six (6) years of age.
School, Public: An educational institution operated by a "public
school" district in accordance with the Education Law of the State
of New York.
Sign: Any "structure" or part thereof, or any device attached
thereto or painted thereon, or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, work,
model, banner, emblem, light, device, trademark or other
representation used as an announcement, designation, direction,
display or advertisement of any person, firm, group, organization,
commodity, service, profession or enterprise when placed in such
manner that it provides visual communication to the general public
out-of-doors, but not including the following:
1. "Signs" maintained or required to be maintained by law or
governmental order.
2. The flag or insignia of any government or governmental agency.
11
H
3. The flag of any civic, political, charitable, religious,
fraternal or similar organization, which is hung on a flag
pole or mast.
4. Religious or other seasonal holiday decorations which do not
contain commercial lettering, wording, designs, symbols or
other devices.
Sign Area: Where a "sign" consists of a single board or face with
information on one (1) side or both sides, the area which results
by including the outside dimensions of such "sign", not including
the vertical, horizontal or diagonal supports which may affix the
"sign" to the ground or to a "structure" or "building" unless such
supports are evidently designed to be part of the "sign" as defined
herein. Where a "sign" consists of several individual faces, the
area shall be the total of the area of all such faces which can be
observed from any one (1) point. Where the "sign" consists of
individual letters_ or symbols attached td or p&inted' on- a
"building", the area shall be considered to be that of the smallest
basic geometric shape (rectangle, triangle or _circle) which
encompasses all of the letters or symbols.
Smoke: Any emission into the open air from any source, except
emissions of uncontaminated water vapor,
Smoke Unit: A measure of the quantity of "smoke" being discharged,
and is the number obtained by multiplying the "smoke" density in a
"Ringelmann Smoke Chart" by the time of emission in minutes. For
example, the emission of "Ringelmann Smoke Chart" Number 1 for one
(1) minute equals one (1) "smoke unit".
Sound Level Meter: An instrument, standardized by the American
Standards Association, used for measurement of the intensity of
sound and calibrated in "decibels".
Stable, Private: An "accessory building" in which horses are kept
for "use" by the owners of the premises and not for hire,
remuneration or sale.
Stable, Public: A "building" in which any horses are kept for
remuneration, hire or sale.
Story: That portion of a "building" included between the surface
of any floor and the surface of the floor next above or, if there
be no floor above it, then the space between the surface of the
floor and the top of the ceiling beams next above it. If the
finished floor level directly above a "basement" or "cellar" is
more than six (6) feet above the average "finished grade" or the
natural grade adjoining the exterior walls of the "building",
whichever is lower, or if it is used for non -accessory business
purposes or for dwelling purposes by other than a janitor or
12
watchman, such "basement" or "cellar" shall be considered a
"story".
�W Story, Half: A "story" with at least two (2) opposite exterior
sides meeting a sloping roof not more than two (2) feet above the
floor of such "story".
Street: Ah existing state, county or town highway or road, or a
proposed highway or road ,including all of the land within the
right-of-way, shown upon a subdivision plat approved by the Town
Planning Board, as provided by law, or on a plat duly filed and
recorded in the Office of the Dutchess County Clerk prior to the
appointment of the Town Planning Board and the grant of the power
to approve subdivision plats.
Street Line: The dividing line between a "street" right-of-way and
a "lot". (See also the definition of "Lot Line, Front" for
comparison.)
Structure: Anything constructed or erected, the "use" of which
requires location on, in or under the ground or water, or
attachment to something having location on the ground or water,
including but not limited to: "buildings", parking decks or
garages, "swimming pools", tennis courts, towers, docks, balconies,
open entries, "porches", decks, handicap ramps, "signs", permanent
awnings, gas or liquid storage tanks, ground -mounted antennas,
ground -mounted solar panels and "satellite receiving antennas", and
walls more than six (6) feet in height, but not anything requiring
only single paving or surfacing of the ground such as parking lots,
driveways or sidewalks.
Structural Alteration: Any change in or addition to the supporting
members of a "structure", including but not limited to, bearing
walls, retaining walls, columns, beams or girders.
Swimming Pool: Any body of water having an artificial bottom
and/or sides and a depth of more than two ( 2 ) feet in any point
therein.
Terrace or Patio: A roofless platform of earth or other natural
material covered by a surface material, with or without retaining
walls. Any such platform with a roof or awning shall be considered
a "porch".
Three (3) Component Measuring System: A device for recording the
intensity of any vibration in three (3) mutually perpendicular
directions.
Toxic or Noxious Matter: Any solid, liquid or gaseous matter,
including but not limited to gases, vapors, "dusts", fumes and
mists containing properties which by chemical means are inherently
13
harmful and likely to cause injury to the well-being of persons or
damage to property.
Trailer, House: Same as "Mobile Home."
Travel Trailer: A portable vehicular "structure" built on a
chassis, designed to be used primarily as a temporary "dwelling"
for travel, recreational, and vacation "uses", having a body width
not exceeding eight (8) feet and a body length not exceeding
thirty-two (32) feet.
Use: The purpose for which land, water or a "building" or
"structure" is designed, arranged, intended, or for which it is or
may be occupied or maintained.
Use, Accessory: A "use" which is customarily incidental and
subordinate to the "principal use" on a _'lot" and which is located
on the same "lot" or water area therewith.
Use, Principal: The main or primary "use" of land, water, or a
"building", "structure" or "lot".
Utility, Public: An electric unit substation, municipal pump
station or water tower, municipal garage, firehouse, telephone
substation and/or any utility approved by the Public Service
Commission or other regulatory agency.
Vibrations, Impact: Earth -borne oscillations occurring in discrete
pulses at or less than one hundred (100) per minute.
Vibrations, Steady -State: Continuous earth -borne oscillations.
Discrete pulses that occur more than one hundred (100) times per
minute shall be considered "steady-state vibrations".
Wetland: Lands generally or intermittently covered with water
which, by nature of their surface and/or sub -surface soil
characteristics, contribute to the replenishment of the sub -surface
water supply, including marshes, swamps, bogs, and other areas with
poorly drained soils such as organic muck and alluvial soils.
Water Course: Any flow or body of water which contains water or a
flow of water at least six (6) months in the aggregate during the
course of an average year.
Yard: An open space on the same "lot" as a "building" , which open
space lies between the "building" or group of "buildings" and the
nearest "lot line" and is unoccupied and unobstructed from the
ground upward, except for permitted "accessory uses" and
"structures". In measuring a "yard", as hereinafter provided, the
line of a "building" shall be deemed to mean a line parallel to the
nearest "lot line", drawn from a point of a "building" or the point
of a group of "buildings" nearest to such "lot line", and the
14
measurement shall be taken at right angles from the line of the
"building" to the nearest "lot line".
Yard, Front: A "yard" extending across the full width of the "lot"
and lying between the "front lot line" and the nearest line of'the
"building".
Yard, Rear: A "yard" extending across the full width of the "lot"
and lying between the "rear lot line" and the nearest line of the
"building".
Yard, Side: A "yard" between the "side lot line" and the nearest
line of the "building", and extending from the "front yard" to the
"rear yard" or, in the absence of either of such "yards", extending
to the "front lot line" or "rear lot line", as the case may be.
Section 3. .Article IV, Section 432, Application -Lor a Special
Permit, is hereby amended to read as follows:
432. Application for a Special Use Permit
Applications for special use permits shall be made to the Planning
Board on forms provided by the Zoning Administrator. An
application fee shall accompany each such application in an amount
set forth in a fee schedule which may be amended from time to time
by resolution of the Town Board. The Planning Board shall require
the establishment of an escrow account deposit in accordance with
§ 505.3 herein to reimburse the Town for the professional review
fees charged in connection with the review of the application.
Each such application shall be examined first and endorsed for
completeness by the Zoning Administrator and unless so endorsed
shall not be entertained by said Board. The Planning Board shall
have original jurisdiction for granting special permits based on
the provisions of this section. The Board may impose whatever
reasonable land use conditions and provisions it deems necessary to
reflect the spirit and intent the Town Development Plan and/or
Zoning Law.
The Planning Board, after public hearing with the same notice
required by law for zoning amendments, shall, within sixty-two (62)
days after the final hearing, file with the Zoning Administrator a
decision on said application. All approved special use permits
will be subject to Section 450 of the Town Zoning Law for site
development plan approval.
The applicant may grant extensions of either of the above
stipulated review periods.
The Planning Board may authorize the issuance of a permit, provided
it finds that all of the following conditions and standards stated,
but not limited to, have been met.
15
Section 4. Article IV, Section 450.2, Application for Site
Development Plan Approval, is hereby amended to read as follows:
§ 450.2 Application for Site Development Plan Approval
Application for site development plan approval shall be made in
writing at least three (3) weeks in advance of a regularly
scheduled Planning Board meeting. It shall be submitted to the
Zoning Administrator and shall be accompanied by a detailed
development plan prepared by a qualified individual or firm, such
as a registered architect, landscape architect or professional
engineer. An application fee shall accompany each such application
in an amount set forth in a fee schedule which may be amended from
time to time by resolution of the Town Board. The Planning Board
shall require the establishment of an escrow account deposit in
accordance with § 505.3 herein to reimburse the Town for the
professional review fees charged in connection with the review of
the application. All applications shall .provide :the following
information: -
Section 5. Article V, Enforcement and Administration, is hereby
amended to add the following new sections to read as follows:
§ 505. Fee schedule and reimbursement of professional review
fees.
505.1 All nonrefundable application fees shall be in an amount
set forth in a fee schedule which may be amended from
time to time by resolution of the Town Board. No fees
shall be required from the Town or any of its districts.
505.2 Reimbursement of professional review fees. The Town
Board, the Planning Board, and the Zoning Board of
Appeals, in the review of any application presented to
it, may refer such application to a planner, engineer,
environmental expert, legal counsel and/or other
professional as such Board shall deem reasonably
necessary to assist it in the review of such application.
The applicant shall reimburse the Town for the cost of
such professional review services in accordance with §
505.3.1 herein concerning the establishment of escrow
accounts. The payment of such fees shall be required in
addition to any and all other fees required by this
Zoning Law, or any other State or local law, ordinance or
regulation.
505.3 Escrow account procedures.
505.3.1 At the time of the submission of any application
and prior to its review by the Town Board, the
Planning Board or the Zoning Board of Appeals, the
approving agency shall require the establishment of
16
an escrow account, from which withdrawals shall be
made to reimburse the Town for the cost of
professional review services. The applicant shall
then provide funds to the Town for deposit into
such account in an amount to be determined by the
approving agency based on its evaluation of the
nature and complexity of the application. The
applicant shall be provided with copies of the Town
vouchers for such services as they are submitted to
the Town. When the balance in such escrow account
is reduced to one-half (1/2) of the full escrow
deposit amount, the applicant shall deposit
additional funds into such account to bring its
balance up to one hundred percent (100%) of the
amount of the full escrow deposit, or to some
lesser amount as deemed acceptable by the approving
agency to complete the review of the application.
If such account is not repleiAshed =within- twenty
(20) days after the applicant is notified in
writing of the requirement for such additional
deposit, the approving agency may suspend its
review of the application. A building permit or
certificate of occupancy shall not be issued unless
all professional review fees charged in connection
with the applicant's project have been reimbursed
to the Town. After all pertinent charges have been
paid, the Town shall refund to the applicant any
funds remaining on deposit.
505.3.2 In the event that a Positive Declaration is made in
accordance with the New York State Environmental
Quality Review Act (SEQRA) regarding the subject
application, the reimbursement procedures provided
in SEQRA may be substituted for those established
in accordance with § 505.3.1 until after completion
of the SEQRA process. In this event, after all
perLinenz
refund to
deposit in
accordance
($100), so
the Town.
professiona
making a Po
preparation
accordance
SEQRA. Up(
and for th
which is no
review of a.
basic escrc
deemed nece
:narges nave been paid, the Town may
the applicant any funds remaining on
the basic escrow account established in
with § 505.3.1 minus one hundred dollars
as to maintain said escrow account with
All reimbursements of the costs of
L review fees incurred subsequent to
dtive Declaration and necessary for the
or review of an EIS shall be made in
with the procedures established under
,n the completion of the SEQRA process
continued review of the application
directly related to the preparation or
i EIS, the applicant shall replenish the
w account with a deposit in an amount
asary by the approving agency, but in no
17
case in an amount greater than the full escrow
deposit amount originally established by the
approving agency. All subsequent reimbursements
and refunds shall be made in accordance with §
505.3.1.
§ 506 Collection of fees.
506.1 All required fees shall be collected by the Clerk or
Secretary of the board having jurisdiction over the
application.
Section 6. Article V, Enforcement and Administration, Section
515.1, Application, is hereby amended to read as follows:
§ 515.1 Application
Appeals shall'be taken within such time as -shall be=p:i`escribed by
the Board of Appeals -by general rule, by filing with the Board of
Appeals a notice of appeal specifying the grounds thereof. Each
appeal shall specify the provision of the ordinance involved, the
ruling sought from the Board, and the grounds upon which it is
claimed that the same should be granted. Affidavits of publication
and service of notice by mail, and such -other data or information
shall be submitted as the Board may deem necessary. The officer
from whom the appeal is taken shall forthwith deliver to the Board
of Appeals all papers constituting the record on which the action
appealed from is taken. An application fee shall accompany each
such application in an amount set forth in a fee schedule which may
be amended from time to time by resolution of the Town Board. The
Zoning Board of Appeals shall require the establishment of an
escrow account deposit in accordance with § 505.3 herein to
reimburse the Town for the professional review fees charged in
connection with the review of the application.
Section 7. Article VI, Amendments, Section
Provisions, is hereby amended to read as follows:
§ 601. General Provisions
The Town Board may, from time to time, on its
petition, of any party, or on recommendation of the
or Zoning Board of Appeals, amend, supplement,
regulations and provisions of this Local Law in the
by Section 264 of the Town Law.
601, General
own motion, on
Planning Board
or repeal the
manner provided
All petitions for rezoning shall contain a metes and bounds
description of the property to be rezoned as well as the names and
addresses of all adjacent and abutting property owners. The
petition shall be submitted by the owner and shall describe in
detail the reasons for the requested zoning. The Town Board may
require the submission of such additional information as it deems
18
appropriate. An application fee shall accompany each such
application in an amount set forth in a fee schedule which may be
amended from time to time by resolution of the Town Board. The Town Board shall require the establishment of an escrow account
deposit in accordance with § 505.3 herein to reimburse the Town for
the professional review fees charged in connection with the review
of the application.
Section S.
Except as specifically modified by the Amendments contained herein,
the Zoning Law of the Town of Wappinger as adopted by Local Law #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.
500\wap4-022.dkw
19
940425.RGu
1994 Oldsmobile Station Wagon through State bid for the sum of
$11,923.
NOW, THEREFORE BE IT RESOLVED, that the actions taken by the
Supervisor in the procurement of a 1994 Oldsmobile Station Wagon
for use by the Town Assessor for the sum of $11,923.65, which
sum is less than appropriation made in the 1994 Budget, be
affirmed, ratified and adopted.
Seconded by Mrs. Visconti.
Roll Cali Vote:
Supervisor Smith Aye
Councilman Ruggiero Aye
Councilman Valdati Aye
Councilman Incoronato Aye
Councilwoman Visconti Aye
Motion Unanimously Carried
Prior to the vote there was some questions from Mr. Incoronato.
on the need for a Resolution, if, in fact, this expenditure had
already been appropriated in the 1994 Budget. Mrs. Smith said
that this would now be her policy, in accordance with the Town
procurement policy.
The next item brought before the Board was the Introduction of
a Rezoning Resolution for Thalman. SUPERVISOR SMITH tabled this
item because no Report had been received as yet from the
Planning Board.
COUNCILWOMAN VISCONTI moved to adopt the following Policy for
procedures for Water/Sewer Billing, as follows:
1. Residents are given a due date of approximately 30 days
payable from the date bills are mailed from Town Hall.
2. In order for water/sewer payment to be accepted without 10%
penalty, envelope must be stamped with a U.S. Postmark on or
before the due date. Any payment received with a postmark after
the due date, will be returned for the 10% penalty.
Page 9
940425.RGM
3. If there is no U.S. Postmark on the envelope, the Town will
go by the day payment is received at Town Hail by the Tax
Office. If this happens to be after the due date, the
water/sewer payment will be returnee: to collect the 10% penalty
(this is the same policy for Realty and School Taxes).
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
UNFINISHED__BUSINESS
A letter was received from the Manager of Morningside Manor,
Fishkill, a family style Rest Home, for special consideration
with a request for a rubbish/refuse pick up at their facility.
(Items were being brought from a Beacon facility). There was
some discussion regarding this request and it was agreed by the
Board that they could not permit t'_:e cc -mingle of rubbish/trash.
A letter would be sent to the Manager with their decision.
Lastly, a letter was received from Dr. Crew, local Veterinarian
stating that he would be giving all his employees Rabies
vaccine, and with a recommendation, for safety precautions, that
our Dog Control Officer Ann Marie Buck receive the Rabies
vaccine also, for a cost of $51.00.
COUNCILMAN VALDATI, moved to authorize Dog Control Officer, Ann
Marie Buck to receive the Rabies vaccine for a cost of
approximately $51.00.
Seconded by Mrs. Visconti.
Motion Unanimously Carried
At this time COUNCILMAN RUGGIERO offered a note of thanks to
Mr.
Paggi,
Engineer to the Town
for
his time &
efforts
involved
in
getting
the installation of
she
Street Light
on Old
Hopewell
& Kendall Rd. The residents are very happy.
Page 10
94^425.HGM
NEW BUSINESS
Mr. Incoronato brought up an item regarding correspondence fro:,
Clark Associates in reference to a Town Road Study. Mrs. Smith
felt there was no conformity to the STOP Signs, and a work shop
would be held regarding this matter.
Michael P. Tremper, of CAMO Pollution Spoke on the Booster
Station 'Located at the Pizzagalli site. At one time the
Station was owned by Pizzagalli. The Booster station is now
owned by the Town. Mr.Tremper had been contacted by Mike
Tomkowicz, of the Pizzagalli properties, who has been paying
Central Hudson and New York Telephone bills for telemetering
related to the Booster Station.
Mr. Tomkowicz has requested the Town now begin paying these
bills as the Station is now the property of the Town.
Mr. Tremper made a request to get together with the
Engineer, Attorney to the Town, and Town Comptroller to see how
they want to approach these operation and maintenance costs of
approximately $10,300 per year.
Mrs. Smith discussed with Al Roberts, Attorney to the Town the
possibility of creating an 0&M account, and was told by Mr.
Roberts, that the Town can start back charging operational and
maintenance charges after a Public Hearing. Myers II will pay
for the charges, and the Special Public Hearing will be to
assess the costs.
COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town Al
Roberts to prepare an Investigative report.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
The Last item on the Agenda was correspondence received from
Mrs. Nidia Valle, 7 Eck Road, Wappingers Falls, with a request,
Page 11
1�
940425.RGM
due to major Septic problems, to connect into the Oakwood
Knolls Sewer District collection pipe on Eck Road.
COUNCILWOMAN VISCONTI moved, based on the recommendation of the
Dutchess County Department of :health to authorize the
Supervisor to follow the procedure for allowing Mrs. Nidia
Valle 7 Eck Road to Hook up to the Oakwood Knolls Sewer
District, and to send a letter to DEC for. Clearance.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
There was no other business to come before the Board.
COUNCILMAN VALDATI moved to adjourn the Town Board Meeting;
Seconded by Mr. Ruggiero, and Unanimously Carried.
The Meeting adjourned at 8:24 P.M. C i1i, Sur A SLAw,
Elaine H. Sncwden
Town Clerk
n
Page _2
940425.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger on April 25, 1994 at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the Proposed Local Law
Amending Local Law No. 5 of 1990, as Amended the Zoning Law of
the Town of Wappinger by the Additions to, or Revisions and
Amendments to Certain Article and/or sections of the Zoning Law.
Supervisor Smith opened the Meeting at 7:00 P.M.
Present:
Constance 0. Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Also Present:
Albert Roberts, Attorney to the Town
Joseph E. Paggi Jr., Engineer to the Town
Herb Levenson, Zoning Administrator
Daniel Wery, Associate/Planner
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized.
There were no comments or questions from the audience in
reference to the proposed Local Law..
There was some discussion from the Board because of several
issues that had to be addressed. Comments to be included were
those received from The Dutchess County Planning Board on three
definitions. Farms, Home, and Signs. These issues will be
reviewed by the Board, and their conclusions will be
incorporated in the next revision of the Zoning Laws.
COUNCILWOMAN VISCONTI moved to close the Public Hearing
seconded by Mr. Ruggiero, and unanimously carried
The Hearing closed at 7:20 P.M.
Elaine H. Snowden
Town Clerk
M1
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
PROPOSED LOCAL LAW AMENDING
LOCAL LAW NO. 5 OF 1990, AS
AMENDED THE ZONING LAW OF
THE TOWN OF WAPPINGER BY THE
ADDITIONS TO, OR REVISIONS
AND AMENDMENTS TO CERTAIN
ARTICLES AN/OR SECTIONS OF
THE ZONING LAW.
STATE OF NEW YORK )
). ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
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 April 13, 1994, your deponent posted a
copy of the attached notice of Public Hearing on Proposed
Local Law Amending Local Law No. 5 of 1990, as Amended the
Zoning Law of the Town of Wappinger by the Additions to,
or Revisions and Amendments to Certain Articles and/or
Sections of the Zoning Law, adopted on the 26th day of
November, 1990, and as amended from time to time thereafter,
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, 20 Middlebush
Road, Town of Wappinger, Dutchess County, New York.
Sworn to before me this
'05-, day of 1 2,�, 1994
Notary Public
J-INDA M. LIUCCI
IN01 ry Public, State of New Yorlt
No. 2381720
Qualified In Dutchess County{ ,—
Commission Expires 10/31/19 4
Elaine H. Snowden
Town Clerk
Town of Wappinger
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
mem.rlenarpry��r; aRPneaoon,l
review lees by the S wn's
prolmionals; $•x f� +* g
4. Article V "Enlacement and Ad-
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
............. JQAn..Mtu.q!r...................... of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the.kQPKKq.ppq.v .........
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for .one, ... weeks
successively in each week, commencing on the
13th, day of .........April 19,.94 and on the
following dates thereafter, namely on
.................................................................
and ending on the ... ?: 3 tn... day of ...Apr i 1
19.94 both days inclusive.
Subscribed and sworn to before me
this ..a.dhh... day of ....P;7, 994,
......................
My commission expires
Notary Public
RACHEL WISHART
KTARY PL15LIC, STATE: OF NEW YOM
OUALIF10 IN OUTC^!tCSS COUNTY
H 14-4K&O2
C(WMISSION EXPIRES MARCH 31. 1&